[Congressional Record Volume 158, Number 35 (Monday, March 5, 2012)]
[Senate]
[Pages S1385-S1399]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

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

       At the appropriate place, insert the following:

     SEC. ___. CONSTRUCTION EQUIPMENT AND VEHICLES.

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

     ``Sec.  5341. Construction equipment and vehicles

       ``(a) In General.--In accordance with the obligation 
     process established pursuant to section 149(j)(4) of title 
     23, a State shall expend amounts required to be obligated for 
     this section to install diesel emission control technology on 
     covered equipment, with an engine that does not meet current 
     model year new engine standards for particulate matter for 
     the applicable engine power group issued by the Environmental 
     Protection Agency, on a covered public transportation 
     construction project within a PM2.5 nonattainment 
     or maintenance area. Covered equipment repowered or retrofit 
     with diesel exhaust control technology installed during the 
     6-year period ending on the date on which the prime contract 
     was awarded for the covered public transportation 
     construction project and equipment that meets the 
     Environmental Protection Agency Tier 4 emission standards may 
     be exempt from the requirements of this section.
       ``(b) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Covered equipment.--The term `covered equipment' 
     means any nonroad diesel equipment or on-road diesel 
     equipment that is operated on a covered public transportation 
     construction project for not less than 80 hours over the life 
     of the project.
       ``(2) Covered public transportation construction project.--
       ``(A) In general.--The term `covered public transportation 
     construction project' means a public transportation 
     construction project carried out under this chapter or any 
     other Federal law which is funded in whole or in part with 
     Federal funds.
       ``(B) Exclusions.--Any project with a total budgeted cost 
     not to exceed $5,000,000 may be excluded from the 
     requirements of this section by an applicable State or 
     metropolitan planning organization.
       ``(3) Diesel emission control technology.--The term `diesel 
     emission control technology' means a technology that--
       ``(A) is--
       ``(i) a diesel exhaust control technology;
       ``(ii) a diesel engine upgrade;
       ``(iii) a diesel engine repower;
       ``(iv) an idle reduction control technology; or
       ``(v) any combination of the technologies listed in clauses 
     (i) through (iv);
       ``(B) reduces particulate matter emission from covered 
     equipment by--
       ``(i) not less than 85 percent control of any emission of 
     particulate matter; or
       ``(ii) the maximum achievable reduction of any emission of 
     particulate matter, taking cost and safety into account; and
       ``(C) is installed on and operated with the covered 
     equipment while the equipment is operated on a covered public 
     transportation construction project and that remains 
     operational on the covered equipment for the useful life of 
     the control technology or equipment.
       ``(4) Eligible entity.--The term `eligible entity' means an 
     entity (including a subcontractor of the entity) that has 
     entered into a prime contract or agreement with a State to 
     carry out a covered public transportation construction 
     project.
       ``(5) Nonroad diesel equipment.--
       ``(A) In general.--The term `nonroad diesel equipment' 
     means a vehicle, including covered equipment, that is--
       ``(i) powered by a nonroad diesel engine of not less than 
     50 horsepower; and
       ``(ii) not intended for highway use.
       ``(B) Inclusions.--The term `nonroad diesel equipment' 
     includes a backhoe, bulldozer, compressor, crane, excavator, 
     generator, and similar equipment.
       ``(C) Exclusions.--The term `nonroad diesel equipment' does 
     not include a locomotive or marine vessel.
       ``(6) On-road diesel equipment.--The term `on-road diesel 
     equipment' means any self-propelled vehicle that--

[[Page S1386]]

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

``5341. Construction equipment and vehicles.''.
                                 ______
                                 
  SA 1772. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end of division D, add the following:

     SEC. __. SOCIAL SECURITY LEVEL-INCOME OPTIONS.

       (a) ERISA Amendment.--Section 206(g)(3)(E) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 
     1056(g)(3)(E)) is amended by adding at the end the following 
     new sentence: ``For purposes of applying clause (i) in the 
     case of payments the annuity starting date for which occurs 
     on or before December 31, 2014, payments under a social 
     security leveling option shall be treated as not in excess of 
     the monthly amount paid under a single life annuity (plus an 
     amount not in excess of a social security supplement 
     described in the last sentence of section 204(b)(1)(G)).''.
       (b) IRC Amendment.--Section 436(d)(5) of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new sentence: ``For purposes of applying 
     subparagraph (A) in the case of payments the annuity starting 
     date for which occurs on or before December 31, 2014, 
     payments under a social security leveling option shall be 
     treated as not in excess of the monthly amount paid under a 
     single life annuity (plus an amount not in excess of a social 
     security supplement described in the last sentence of section 
     411(a)(9)).''.
       (c) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply to annuity payments the annuity starting date for which 
     occurs on or after January 1, 2013.
       (2) Permitted application.--A plan shall not be treated as 
     failing to meet the requirements of section 206(g) of the 
     Employee Retirement Income Security Act of 1974 (as amended 
     by this section) and section 436(d) of the Internal Revenue 
     Code of 1986 (as so amended) merely because the plan sponsor 
     elects to apply the amendments made by this section to 
     payments the annuity starting date for which occurs before 
     January 1, 2013.
                                 ______
                                 
  SA 1773. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

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

     SEC. 15__. QUADRENNIAL ENERGY REVIEW.

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

     ``SEC. 801. QUADRENNIAL ENERGY REVIEW.

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

[[Page S1387]]

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

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

       ``(ii) requirements for invention, adoption, development, 
     and diffusion of energy technologies that are mapped onto 
     each of the energy use sectors; and
       ``(iii) other research that inform strategies to 
     incentivize desired actions;
       ``(D) an assessment of policy options to increase domestic 
     energy supplies;
       ``(E) an evaluation of energy storage, transmission, and 
     distribution requirements, including requirements for 
     renewable energy;
       ``(F) an integrated plan for the involvement of the Federal 
     Laboratories in energy programs;
       ``(G) portfolio assessments that describe the optimal 
     deployment of resources, including prioritizing financial 
     resources for energy programs;
       ``(H) a mapping of the linkages among basic research and 
     applied programs, demonstration programs, and other 
     innovation mechanisms across the Federal agencies;
       ``(I) an identification of, and projections for, 
     demonstration projects, including timeframes, milestones, 
     sources of funding, and management;
       ``(J) an identification of public and private funding needs 
     for various energy technologies, systems, and infrastructure, 
     including consideration of public-private partnerships, 
     loans, and loan guarantees;
       ``(K) an assessment of global competitors and an 
     identification of programs that can be enhanced with 
     international cooperation;
       ``(L) an identification of policy gaps that need to be 
     filled to accelerate the adoption and diffusion of energy 
     technologies, including consideration of--
       ``(i) Federal tax policies; and
       ``(ii) the role of Federal agencies as early adopters and 
     purchasers of new energy technologies;
       ``(M) an analysis of--
       ``(i) points of maximum leverage for policy intervention to 
     achieve outcomes; and
       ``(ii) areas of energy policy that can be most effective in 
     meeting national goals for the energy sector; and
       ``(N) recommendations for executive branch organization 
     changes to facilitate the development and implementation of 
     Federal energy policies.
       ``(e) Executive Secretariat.--
       ``(1) In general.--The Secretary shall provide the 
     Executive Secretariat with the necessary analytical, 
     financial, and administrative support for the conduct of each 
     Quadrennial Energy Review required under this section.
       ``(2) Cooperation.--The heads of applicable Federal 
     agencies shall cooperate with the Secretary and provide such 
     assistance, information, and resources as the Secretary may 
     require to assist in carrying out this section.''.
       (c) Administration.--Nothing in this section or an 
     amendment made by this section supersedes, modifies, amends, 
     or repeals any provision of Federal law not expressly 
     superseded, modified, amended, or repealed by this section.
                                 ______
                                 
  SA 1774. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 1761 proposed by Mr. Reid to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section 1406.
                                 ______
                                 
  SA 1775. Mr. CONRAD (for himself and Mr. Hoeven) submitted an 
amendment intended to be proposed to amendment SA 1761 proposed by Mr. 
Reid to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of section 125 of title 23, United States Code 
     (as amended by section 1107), add the following:
       ``(g) Protecting Public Safety and Maintaining Roadways.--
     The Secretary may use amounts from the emergency fund 
     authorized by this section to carry out projects that the 
     Secretary determines are necessary to protect public safety 
     or to maintain or protect roadways that have been included 
     within the scope of a prior emergency declaration in order to 
     maintain the continuation of roadway services on roads that 
     are threatened by continuous or frequent flooding.''.
                                 ______
                                 
  SA 1776. Ms. CANTWELL submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

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

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

       (a) In General.--Section 102 of title 49, United States 
     Code, is amended--
       (1) by redesignating subsection (h) as subsection (i); and
       (2) by inserting after subsection (g) the following:
       ``(h) Office of Freight Planning and Development.--
       ``(1) Establishment.--There is established within the 
     Office of the Secretary an Office of Freight Planning and 
     Development, which shall--
       ``(A) coordinate investment of Federal funding to improve 
     the efficiency of the national transportation system to move 
     freight consistent with the policy and objectives set forth 
     in chapter 313;
       ``(B) facilitate communication among government, public, 
     and private freight transportation stakeholders;
       ``(C) support the Secretary in the development of the 
     National Freight Transportation Strategic Plan; and
       ``(D) carry out other duties, as prescribed by the 
     Secretary.
       ``(2) Organization.--The head of the Office shall be the 
     Assistant Secretary of Freight Planning and Development.''.
       (b) Conforming Amendments.--
       (1) Assistant secretaries.--Section 102(e) of title 49, 
     United States Code, is amended by striking ``4''and inserting 
     ``5''.
       (2) Executive schedule.--Section 5315 of title 5, United 
     States Code, is amended by striking ``(4)'' in the item 
     relating to Assistant Secretaries of Transportation and 
     inserting ``(5)''.
                                 ______
                                 
  SA 1777. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page S1388]]

            TITLE ___--PUBLIC SAFETY OFFICERS AND VOLUNTEERS

              Subtitle A--Public Safety Officers Benefits

     SEC. __21. SHORT TITLE.

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

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

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

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

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

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

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

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

[[Page S1389]]

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

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

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

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

     SEC. __24. EFFECTIVE DATE.

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

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

     SEC. __41. SHORT TITLE.

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

     SEC. __42. FINDINGS AND PURPOSE.

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

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

       Section 4(a)(4) of the Volunteer Protection Act of 1997 (42 
     U.S.C. 14503(a)(4)) is amended by striking ``craft, or 
     vessel'' and all that follows and inserting the following: 
     ``craft, or vessel to possess an operator's license or 
     maintain insurance, except that this paragraph does not apply 
     to a volunteer who--
       ``(A) was operating an aircraft in furtherance of the 
     purpose of a volunteer pilot nonprofit organization that 
     flies for public benefit; and
       ``(B) was properly licensed and insured for the operation 
     of the aircraft.''.
                                 ______
                                 
  SA 1778. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 1813, to reauthorize Federal-aid highway 
and highway safety construction programs, and for other purposes; which 
was ordered to lie on the table; as follows:

       In section 601(a)(11) of title 23, United States Code (as 
     amended by section 3002), strike subparagraph (C) and all 
     that follows through ``(D) a project that--'' and insert the 
     following:
       ``(C) a project for intercity passenger bus or rail 
     facilities and vehicles, including facilities and vehicles 
     owned by the National Railroad Passenger Corporation and 
     components of magnetic levitation transportation systems;
       ``(D) a project for the acquisition of plant and wildlife 
     habitat pursuant to a conservation plan that--
       (i) has been approved by the Secretary of the Interior 
     pursuant to section 10 of the Endangered Species Act of 1973 
     (16 U.S.C. 1539); and
       (ii) in the judgment of the Secretary, would mitigate the 
     environmental impacts of transportation infrastructure 
     projects otherwise eligible for assistance under this 
     chapter; and
       ``(E) a project that--
                                 ______
                                 
  SA 1779. Mr. ALEXANDER (for himself and Mr. Wyden) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

                     DIVISION __AIR TRANSPORTATION

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

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

     ``Sec.  40128. Overflights of national parks

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

[[Page S1390]]

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

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

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

[[Page S1391]]

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

[[Page S1392]]

       ``(i) below a minimum altitude, determined by the 
     Administrator in cooperation with the Director, above ground 
     level (except solely for purposes of takeoff or landing, or 
     necessary for safe operation of an aircraft as determined 
     under the rules and regulations of the Federal Aviation 
     Administration requiring the pilot-in-command to take action 
     to ensure the safe operation of the aircraft); or
       ``(ii) less than 1 mile laterally from any geographic 
     feature within the park (unless more than \1/2\ mile outside 
     the boundary).
       ``(B) Factors to consider.--In making a determination of 
     whether a flight is a commercial air tour operation over a 
     national park for purposes of this section, the Administrator 
     may consider--
       ``(i) whether there was a holding out to the public of 
     willingness to conduct a sightseeing flight for compensation 
     or hire;
       ``(ii) whether a narrative that referred to areas or points 
     of interest on the surface below the route of the flight was 
     provided by the person offering the flight;
       ``(iii) the area of operation;
       ``(iv) the frequency of flights conducted by the person 
     offering the flight;
       ``(v) the route of flight;
       ``(vi) the inclusion of sightseeing flights as part of any 
     travel arrangement package offered by the person offering the 
     flight;
       ``(vii) whether the flight would have been canceled based 
     on poor visibility of the surface below the route of the 
     flight; and
       ``(viii) any other factors that the Administrator and the 
     Director consider appropriate.
       ``(5) National park.--The term `national park' means any 
     unit of the National Park System.
       ``(6) Tribal lands.--
       ``(A) In general.--The term `tribal lands' means Indian 
     country (as that term is defined in section 1151 of title 18) 
     that is within or abutting a national park.
       ``(B) Abutting.--For purposes of subparagraph (A), the term 
     `abutting' means lands within \1/2\ mile outside the boundary 
     of a national park.
       ``(7) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Aviation Administration.
       ``(8) Director.--The term `Director' means the Director of 
     the National Park Service.
       ``(9) Air tour permit.--The term `air tour permit' means a 
     permit issued by the Director, in accordance with this 
     section, to a commercial operator to conduct commercial air 
     tour operations over a national park or tribal lands.''.
       (b) Amendments to National Parks Air Tour Management Act of 
     2000.--
       (1) Advisory group.--Section 805 of the National Parks Air 
     Tour Management Act of 2000 (49 U.S.C. 40128 note) is 
     amended--
       (A) by striking subsection (a) and inserting the following:
       ``(a) In General.--The Director of the National Park 
     Service may retain the advisory group established pursuant to 
     this section, as in effect on the day before the date of the 
     enactment of the Moving Ahead for Progress in the 21st 
     Century Act, to provide continuing advice and counsel with 
     respect to commercial air tour operations over and near 
     national parks.'';
       (B) in subsection (b)--
       (i) in paragraph (1)(A)(iv), by inserting ``or Native 
     Hawaiians'' after ``Indian tribes''; and
       (ii) by striking paragraph (3) and inserting the following:
       ``(3) Chairperson.--The representative of the National Park 
     Service shall serve as chairperson of the advisory group.''; 
     and
       (C) in subsection (d)(2), by striking ``The Federal 
     Aviation Administration and the National Park Service shall 
     jointly'' and inserting ``The National Park Service shall''.
       (2) Reports.--Section 807 of the National Parks Air Tour 
     Management Act of 2000 (49 U.S.C. 40128 note) is repealed.
       (3) Methodologies used to assess air tour noise.--Section 
     808 of the National Parks Air Tour Management Act of 2000 (49 
     U.S.C. 40128 note) is amended by striking ``a Federal 
     agency'' and inserting ``the Director of the National Park 
     Service''.
                                 ______
                                 
  SA 1780. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end, add the following:

     SEC. __. EFFECTIVE DATE.

       This Act shall be effective 1 day after enactment.
                                 ______
                                 
  SA 1781. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end, add the following:

     SEC. __. EFFECTIVE DATE.

       This Act shall be effective 2 days after enactment.
                                 ______
                                 
  SA 1782. Mr. MENENDEZ (for himself, Mr. Burr, and Mr. Reid) submitted 
an amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of division D, insert the following:

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

     SEC. ____. SHORT TITLE, ETC.

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

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

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

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

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

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

[[Page S1393]]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page S1394]]

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

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

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

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

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

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

                    Subtitle D--Natural Gas Vehicles

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

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

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

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

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

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

                      Subtitle E--Transit Systems

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

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

     SEC. ____. NATURAL GAS TRANSIT INFRASTRUCTURE INVESTMENT.

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

                         Subtitle F--User Fees

     SEC. ____. USER FEES.

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

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

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


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

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

[[Page S1395]]

     Fund.--Paragraph (4) of section 9503(b) is amended by 
     striking ``or'' at the end of subparagraph (C), by striking 
     the period at the end of subparagraph (D)(iii) and inserting 
     ``or'', and by adding at the end the following new 
     subparagraph:
       ``(E) section 4041 to the extent attributable to the 
     Natural Gas Transportation Incentives financing rate.''.
                                 ______
                                 
  SA 1783. Mr. CARPER (for himself and Mr. Lieberman) submitted an 
amendment intended to be proposed to amendment SA 1761 proposed by Mr. 
Reid to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 336, strike lines 9 through 12, and insert the 
     following:
       ``(iv) safety plans developed by providers of public 
     transportation;
       ``(v) a congestion mitigation and air quality performance 
     plan developed under section 149(k) by a tier I metropolitan 
     planning organization (as defined in section 134) 
     representing a nonattainment or maintenance area; and
       ``(vi) the national freight strategic plan.
                                 ______
                                 
  SA 1784. Mr. HARKIN (for himself, Mr. Moran, Mr. Levin, and Mr. 
Nelson of Nebraska) submitted an amendment intended to be proposed to 
amendment SA 1761 proposed by Mr. Reid to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of division B, add the following:

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

       (a) Applicability.--Section 5337(e) of title 49, United 
     States Code, as amended by this Act, shall apply only with 
     respect to fiscal year 2012.
       (b) Funding.--Notwithstanding section 5338 of title 49, 
     United States Code, as amended by this Act--
       (1) of amounts made available under subsection (a)(1) of 
     such section 5338 for fiscal year 2013--
       (A) $5,039,661,500 shall be allocated in accordance with 
     section 5336 of such title 49 to provide financial assistance 
     for urbanized areas under section 5307;
       (B) $720,190,000 shall be available to provide financial 
     assistance for other than urbanized areas under section 5311 
     of such title 49, of which not less than $30,000,000 shall be 
     available to carry out section 5311(c)(1) and $20,000,000 
     shall be available to carry out section 5311(c)(2); and
       (C) $1,574,763,500 shall be available to carry out 
     subsection (c) of section 5337 of such title 49; and
       (2) no amounts made available under subsection (a)(1) of 
     such section 5338 for fiscal year 2013 may be used to carry 
     out section 5337(e) of title 49, United States Code, as 
     amended by this Act.
       (c) High Intensity Fixed Guideway State of Good Repair.--
     Notwithstanding section 5337(c)(1) of title 49, United States 
     Code, as amended by this Act, for fiscal year 2013, 
     $1,574,763,500 shall be apportioned to recipients in 
     accordance with section 5337(c) of title 49, United States 
     Code.
                                 ______
                                 
  SA 1785. Mr. CORKER (for himself, Mr. Toomey, and Ms. Ayotte) 
submitted an amendment intended to be proposed by him to the bill S. 
1813, to reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of division D, add the following:

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

       Paragraph (2)(A)(ii) of section 251A of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) is 
     amended by striking ``$501,000,000,000'' and inserting 
     ``$481,000,000,000''.
                                 ______
                                 
  SA 1786. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

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

     SEC. ___. LIMITATION ON EXPENDITURES.

       Notwithstanding any other provision of law, if the 
     Secretary determines for any fiscal year that the estimated 
     receipts required to carry out transportation programs and 
     projects under this Act and amendments made by this Act (as 
     projected by the Secretary of the Treasury) does not produce 
     a positive balance in the Highway Trust Fund available for 
     those programs and projects for the fiscal year, each amount 
     made available for such a program or project shall be reduced 
     by the pro rata percentage required to reduce the aggregate 
     amount required to carry out those programs and projects to 
     an amount equal to that available for those programs and 
     projects in the Highway Trust Fund for the fiscal year.
                                 ______
                                 
  SA 1787. Mr. BROWN of Ohio submitted an amendment intended to be 
proposed to amendment SA 1761 proposed by Mr. Reid to the bill S. 1813, 
to reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 33007. MAKE IT IN AMERICA INITIATIVE.

       (a) Memorandum of Agreement.--The term ``Memorandum of 
     Agreement'' means the August 2011 Memorandum of Agreement 
     between the Department of Transportation and the Department 
     of Commerce entitled ``Development of a Domestic Supply Base 
     for Intermodal Transportation in the U.S.''.
       (b) Sense of Congress.--It is the sense of Congress that 
     collaboration between the Department of Transportation and 
     the Department of Commerce can significantly improve the 
     scope and depth of the domestic supply base for 
     transportation infrastructure, particularly for small 
     businesses in the United States.
       (c) Implementation.--The Secretary of Transportation and 
     the Secretary of Commerce shall--
       (1) prioritize the implementation of the Memorandum of 
     Agreement; and
       (2) allocate such Department resources and personnel as 
     necessary for such implementation.
                                 ______
                                 
  SA 1788. Mr. BROWN of Ohio submitted an amendment intended to be 
proposed to amendment SA 1761 proposed by Mr. Reid to the bill S. 1813, 
to reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section 1510 and insert the following:

     SEC. 1510. HOV FACILITIES.

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

     ``Sec.  166. HOV facilities

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

[[Page S1396]]

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

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

       ``(ii) not later than 3 years after the date of enactment 
     of this section, update HOV facility programs and procedures 
     in accordance with the plan described in clause (i).
       ``(d) Requirements Applicable to Tolls.--
       ``(1) In general.--Notwithstanding sections 129 and 301, 
     and except as provided in paragraph (2), tolls may be charged 
     under subsection (c)(4).
       ``(2) Excess toll revenues.--If a State agency makes a 
     certification under section 129(a)(3) with respect to toll 
     revenues collected under subsection (c)(4), the State, in the 
     use of toll revenues under subsection (c)(4), shall give 
     priority consideration to projects for developing 
     alternatives to single occupancy vehicle travel and projects 
     for improving highway safety.
       ``(e) HOV Facility Management, Operation, Monitoring, and 
     Enforcement.--
       ``(1) In general.--A State agency that allows vehicles to 
     use a HOV facility under paragraph (4) or (5) of subsection 
     (c) shall submit to the Secretary a report demonstrating that 
     the facility is not already degraded, and that the presence 
     of the vehicles will not cause the facility to become 
     degraded, and certify that the agency will carry out the 
     following responsibilities with respect to the facility:
       ``(A) Establishing, managing, and supporting a performance 
     monitoring, evaluation, and reporting program for the HOV 
     facility that provides for continuous monitoring, assessment, 
     and reporting on the impacts that the vehicles may have on 
     the operation of the facility and adjacent highways and 
     submitting to the Secretary annual reports of those impacts.
       ``(B) Establishing, managing, and supporting an enforcement 
     program that ensures that the HOV facility is being operated 
     in accordance with this section.
       ``(C) Limiting or discontinuing the use of the HOV facility 
     by the vehicles, whenever the operation of the facility is 
     degraded, that requires such a limitation or discontinuation 
     of use to apply first to vehicles using the HOV facility 
     under subsection (c)(4) before applying to vehicles using the 
     HOV facility under subsection (c)(5).
       ``(D) Maintenance of operating performance.--A facility 
     that has become degraded shall be brought back into 
     compliance with the minimum average operating speed 
     performance standard by not later than 180 days after the 
     date on which the degradation is identified through changes 
     to operation, including the following:
       ``(i) Increase the occupancy requirement for HOVs.
       ``(ii) Increase the toll charged for vehicles allowed under 
     subsection (b) to reduce demand.
       ``(iii) Charge tolls to any class of vehicle allowed under 
     subsection (b) that is not already subject to a toll.
       ``(iv) Limit or discontinue allowing vehicles under 
     subsection (b).
       ``(v) Increase the available capacity of the HOV facility.
       ``(E) Compliance.--If the State fails to bring a facility 
     into compliance under subparagraph (D), the Secretary shall 
     subject the State to appropriate program sanctions under 
     section 1.36 of title 23, Code of Federal Regulations (or 
     successor regulations), until the performance is no longer 
     degraded.
       ``(2) Degraded facility.--
       ``(A) Definition of minimum average operating speed.--In 
     this paragraph, the term `minimum average operating speed' 
     means less than 65 percent of the HOV facility rated speed 
     limit.
       ``(B) Standard for determining degraded facility.--For 
     purposes of paragraph (1), the operation of a HOV facility 
     shall be considered to be degraded if vehicles operating on 
     the HOV facility are failing to maintain a minimum average 
     operating speed 65 percent of the time over a consecutive 
     180-day period during morning or evening weekday peak hour 
     periods (or both).''.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary and the States should provide additional 
     incentives (including the use of high occupancy vehicle lanes 
     on State highways and routes on the Interstate System) for 
     the purchase and use of advanced technology and dedicated 
     alternative fuel vehicles, which have been proven to minimize 
     air emissions and decrease consumption of fossil fuels.
                                 ______
                                 
  SA 1789. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. REGULATIONS REGARDING POOLS.

       (a) Definitions.--
       (1) Covered regulation.--The term ``covered regulation'' 
     means--
       (A) the portions of part 35 of title 28, Code of Federal 
     Regulations, that were added under the final rule issued by 
     the Attorney General entitled ``Nondiscrimination on the 
     Basis of Disability in State and Local Government Services'', 
     75 Fed. Reg. 56164 (September 15, 2010); and
       (B) the portions of part 36 of title 28, Code of Federal 
     Regulations, that were added under the final rule issued by 
     the Attorney General entitled ``Nondiscrimination on the 
     Basis of Disability by Public Accommodations and in 
     Commercial Facilities'', 75 Fed. Reg. 56236 (September 15, 
     2010).
       (2) Pool.--The term ``pool'' means a swimming pool, wading 
     pool, sauna, steam room, spa, wave pool, lazy river, sand 
     bottom pool, or other water amusement, within the meaning of 
     part 36 of title 28, Code of Federal Regulations.
       (3) Private entity; public accommodation.--The terms 
     ``private entity'' and ``public accommodation'' have the 
     meanings given the terms in section 301 of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12181).
       (4) Public entity.--The term ``public entity'' has the 
     meaning given the term in section 201 of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12131).
       (b) Compliance Through Acquisition and Use of Portable 
     Lifts.--A public entity that provides a pool that is covered 
     by title II of the Americans with Disabilities Act of 1990 
     (42 U.S.C. 12131 et seq.) shall not be considered to commit a 
     discriminatory act under that title because the entity 
     facilitates use of the pool by acquiring and using 1 portable 
     pool lift rather than installing 1 or more permanent pool 
     lifts. A private entity that provides a public accommodation 
     with a pool covered by title III of such Act (42 U.S.C. 12181 
     et seq.) shall not be considered to commit a discriminatory 
     act under that title because the entity facilitates use of 
     the pool by acquiring and using 1 portable pool lift for the 
     pool rather than installing 1 or more permanent pool lifts.
                                 ______
                                 
  SA 1790. Mr. BENNET (for himself and Mr. Moran) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. _____. EXTENSION OF WIND ENERGY CREDIT.

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

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

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

[[Page S1397]]

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

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

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

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

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

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

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

       ``(a) Eligibility.--A project shall be eligible to receive 
     credit assistance under this chapter if the entity proposing 
     to carry out the project submits a letter of interest prior 
     to submission of a formal application for the project, and 
     the project meets the following criteria:
       ``(1) Creditworthiness.--
       ``(A) In general.--The project shall satisfy applicable 
     creditworthiness standards, which, at a minimum, includes--
       ``(i) a rate covenant, if applicable;
       ``(ii) adequate coverage requirements to ensure repayment;
       ``(iii) an investment grade rating from at least 2 rating 
     agencies on debt senior to the Federal credit instrument; and
       ``(iv) a rating from at least 2 rating agencies on the 
     Federal credit instrument, subject to the condition that, 
     with respect toclause (iii), if the senior debt and Federal 
     credit instrument is for an amount less than $75,000,000 or 
     for a rural infrastructure project or intelligent 
     transportation systems project, 1 rating agency opinion for 
     each of the senior debt and Federal credit instrument shall 
     be sufficient.
       ``(B) Senior debt.--Notwithstanding subparagraph (A), in a 
     case in which the Federal credit instrument is the senior 
     debt, the Federal credit instrument shall be required to 
     receive an investment grade rating from at least 2 rating 
     agencies, unless the credit instrument is for a rural 
     infrastructure project or intelligent transportation systems 
     project, in which case 1 rating agency opinion shall be 
     sufficient.
       ``(2) Inclusion in transportation plans and programs.--The 
     project shall satisfy the applicable planning and programming 
     requirements of sections 134 and 135 at such time as an 
     agreement to make available a Federal credit instrument is 
     entered into under this chapter.
       ``(3) Application.--A State, local government, public 
     authority, public-private partnership, or any other legal 
     entity undertaking the project and authorized by the 
     Secretary, shall submit a project application acceptable to 
     the Secretary.
       ``(4) Eligible project costs.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     to be eligible for assistance under this chapter, a project 
     shall have eligible project costs that are reasonably 
     anticipated to equal or exceed the lesser of--
       ``(i)(I) $50,000,000; or
       ``(II) in the case of a rural infrastructure project, 
     $25,000,000; or
       ``(ii) 33\1/3\ percent of the amount of Federal highway 
     assistance funds apportioned for the most recently completed 
     fiscal year to the State in which the project is located.
       ``(B) Intelligent transportation system projects.--In the 
     case of a project principally involving the installation of 
     an intelligent transportation system, eligible project costs 
     shall be reasonably anticipated to equal or exceed 
     $15,000,000.
       ``(C) Other projects.--In the case of a project that is 
     eligible under section 601(a)(11)(E), eligible project costs 
     shall be reasonably anticipated to equal or exceed 
     $15,000,000.
                                 ______
                                 
  SA 1792. Mrs. SHAHEEN (for herself, Ms. Murkowski, Ms. Collins, Mr. 
Levin, Ms. Klobucher, Mr. Sanders, Mr. Begich, Mr. Leahy, Mr. Merkley, 
Ms. Landrieu, and Ms. Stabenow) submitted an amendment intended to be 
proposed by her to the bill S. 1813, to reauthorize Federal-aid highway 
and highway safety construction programs, and for other purposes; which 
was ordered to lie on the table; as follows:

       Beginning on page 264, strike line 23 and all that follows 
     through page 267, line 9, and insert the following:
       ``(5) Special rules for small metropolitan planning 
     organizations.--
       ``(A) In general.--Subject to subparagraph (B), a 
     metropolitan planning organization subject to this section 
     and chapter 53 of title 49 (as in effect on the day before 
     the date of enactment of the MAP 21) shall continue to be 
     designated as a metropolitan planning organization subject to 
     this section (as amended by that Act) if the metropolitan 
     planning organization--
       ``(i) serves an urbanized area; and
       ``(ii) the population of the urbanized area is more than 
     50,000 individuals and less than 200,000 individuals.
       ``(B) Exception.--Subparagraph (A) shall not apply if the 
     Governor and units of general purpose local government--
       ``(i) agree to terminate the designation described in 
     subparagraph (A); and
       ``(ii) together represent at least 75 percent of the 
     population described in subparagraph (A)(ii), based on the 
     latest available decennial census conducted under section 
     141(a) of title 13, United States Code.
       ``(C) Treatment.--A metropolitan planning organization 
     described in subparagraph (A) shall be treated, for purposes 
     of this section and chapter 53 of title 49 as a metropolitan 
     planning organization that is subject to this section (as 
     amended by the MAP 21).
                                 ______
                                 
  SA 1793. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 1761 proposed by Mr. Reid to the bill S. 1813, 
to reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:


[[Page S1398]]


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

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

       ``(ii) at the request of a State, the Secretary may assign 
     the State, and the State may assume, the responsibilities of 
     the Secretary with respect to 1 or more transit, railroad, or 
     multimodal projects within the State under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 13 4321 et seq.); 
     and
       ``(iii) the Secretary may not assign--
                                 ______
                                 
  SA 1794. Mr. ISAKSON (for himself and Mr. Chambliss) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 15__. SAVANNAH HARBOR EXPANSION, GEORGIA.

       The project for harbor deepening, Savannah Harbor 
     Expansion, Georgia, authorized by section 101(b)(9) of the 
     Water Resources Development Act of 1999 (Public Law 106 53; 
     113 Stat. 279), is modified to authorize the Secretary of the 
     Army to construct the project at a total cost of 
     $659,652,977, with an estimated Federal cost of $401,178,855 
     and an estimated non-Federal cost of $258,474,122, pending a 
     record of decision for the project.
                                 ______
                                 
  SA 1795. Mr. ISAKSON (for himself and Mr. Chambliss) submitted an 
amendment intended to be proposed to amendment SA 1761 proposed by Mr. 
Reid to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 15__. SAVANNAH HARBOR EXPANSION, GEORGIA.

       The project for harbor deepening, Savannah Harbor 
     Expansion, Georgia, authorized by section 101(b)(9) of the 
     Water Resources Development Act of 1999 (Public Law 106 53; 
     113 Stat. 279), is modified to authorize the Secretary of the 
     Army to construct the project at a total cost of 
     $659,652,977, with an estimated Federal cost of $401,178,855 
     and an estimated non-Federal cost of $258,474,122, pending a 
     record of decision for the project.
                                 ______
                                 
  SA 1796. Mr. BROWN of Ohio (for himself and Mr. Merkley) submitted an 
amendment intended to be proposed to amendment SA 1761 proposed by Mr. 
Reid to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

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

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

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

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

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

       On page 904, between lines 6 and 7, insert the following:
       (b) Buy America Provisions.--
       (1) Surface transportation.--Section 313 of title 23, 
     United States Code, is amended by adding at the end the 
     following:
       ``(g) Application to Highway Programs.--The requirements 
     under this section shall apply to all contracts eligible for 
     Federal funding for a project carried out within the scope of 
     the applicable finding, determination, or decision under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.), regardless of the funding source of such contracts, if 
     at least 1 contract for the project is funded with amounts 
     made available to carry out this title.''.
       (2) Amtrak.--Section 24305(f) of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(5) The requirements under this subsection shall apply to 
     all contracts eligible for Federal funding for a project 
     carried out within the scope of the applicable finding, 
     determination, or decision under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of 
     the funding source of such contracts, if at least 1 contract 
     for the project is funded with amounts made available to 
     carry out this chapter.''.
       (3) Application to intercity passenger rail service 
     corridors.--Section 24405(a) of title 49, United States Code, 
     is amended--
       (A) by striking paragraph (4);
       (B) by redesignating paragraphs (5) through (11) as 
     paragraphs (4) through (10), respectively; and
       (C) by adding at the end the following:
       ``(11) The requirements under this subsection shall apply 
     to all contracts eligible for Federal funding for a project 
     carried out within the scope of the applicable finding, 
     determination, or decision under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of 
     the funding source of such contracts, if at least 1 contract 
     for the project is funded with amounts made available to 
     carry out this title.
       ``(12) If a project receives funding under chapter 243 and 
     under the Passenger Rail Investment and Improvement Act of 
     2008 (division B of Public Law 110 432), the Buy America 
     requirements set forth in the Passenger Rail Investment and 
     Improvement Act of 2008 shall apply to all contracts in the 
     project within the scope of the applicable finding, 
     determination, or decision under he National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
       (4) Consistency with international agreements.--The 
     amendments made by this subsection shall be applied in a 
     manner that is consistent with United States obligations 
     under relevant international agreements.
                                 ______
                                 
  SA 1797. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 44, line 15, strike ``2009'' and insert ``2011''.
                                 ______
                                 
  SA 1798. Mr. BOOZMAN submitted an amendment intended to be proposed 
to amendment SA 1761 proposed by Mr. Reid to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 15__. ENGINEERING AND DESIGN SERVICES.

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

[[Page S1399]]

       (c) Considerations.--In carrying out subsection (b), a 
     State transportation department should consider with respect 
     to the use of commercial enterprises for the delivery of 
     engineering and design services, among other factors--
       (1) the long-term value to the taxpayer; and
       (2) the need to maintain a competent engineering workforce 
     to provide program management and oversight.
       (d) Annual Report.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, each State 
     transportation department shall submit to the Secretary a 
     report documenting the extent to which the State uses 
     commercial enterprises for the delivery of engineering and 
     design services for projects carried out under title 23, 
     United States Code, including, at a minimum, a description 
     of--
       (1) the number and types of engineering and design 
     activities for which commercial enterprises were used during 
     the year covered by the report; and
       (2) the policies or procedures used by the State 
     transportation department to increase the number of 
     engineering and design services for which commercial 
     enterprises were used.
                                 ______
                                 
  SA 1799. Ms. CANTWELL (for herself and Mr. Rubio) submitted an 
amendment intended to be proposed to amendment SA 1761 proposed by Mr. 
Reid to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

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

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

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

                          ____________________