S. 2345 - American Infrastructure Investment and Improvement Act of 2007

S 2345

Calendar No. 482

110th CONGRESS
1st Session

S. 2345

[Report No. 110-228]

To amend the Internal Revenue Code of 1986 and to extend the financing for the Airport and Airway Trust Fund, and for other purposes.

IN THE SENATE OF THE UNITED STATES

November 13, 2007

Mr. BAUCUS, from the Committee on Finance, reported the following original bill; which was read twice and placed on the calendar

A BILL

To amend the Internal Revenue Code of 1986 and to extend the financing for the Airport and Airway Trust Fund, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE, ETC.

(a) Short Title- This Act may be cited as the `American Infrastructure Investment and Improvement Act of 2007'.

(b) Amendment of 1986 Code- Except as otherwise expressly provided, whenever in this Act 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.

Sec. 1. Short title, etc.

TITLE I--AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES

Sec. 101. Extension of taxes funding Airport and Airway Trust Fund.

Sec. 102. Extension of Airport and Airway Trust Fund expenditure authority.

Sec. 103. Modification of excise tax on kerosene used in aviation .

Sec. 104. Increase in tax on use of international air facilities.

Sec. 105. Air Traffic Control System Modernization Account.

Sec. 106. Treatment of fractional aircraft ownership programs.

Sec. 107. Termination of exemption for small aircraft on nonestablished lines.

Sec. 108. Transparency in passenger tax disclosures.

Sec. 109. Required funding of new accruals under air carrier pension plans.

TITLE II--INCREASED FUNDING FOR HIGHWAY TRUST FUND

Sec. 201. Replenish emergency spending from Highway Trust Fund.

Sec. 202. Suspension of transfers from highway trust fund for certain repayments and credit.

Sec. 203. Taxation of taxable fuels in foreign trade zones.

Sec. 204. Clarification of penalty for sale of fuel failing to meet EPA regulations.

Sec. 205. Treatment of qualified alcohol fuel mixtures and qualified biodiesel fuel mixtures as taxable fuels.

Sec. 206. Calculation of volume of alcohol for fuel credits.

Sec. 207. Bulk transfer exception not to apply to finished gasoline.

Sec. 208. Increase and extension of Oil Spill Liability Trust Fund tax.

Sec. 209. Application of rules treating inverted corporations as domestic corporations to certain transactions occurring after March 20, 2002.

Sec. 210. Denial of deduction for punitive damages.

Sec. 211. Fuel technical corrections.

Sec. 212. Motor fuel tax enforcement advisory commission.

Sec. 213. Highway Trust Fund conforming expenditure amendment.

TITLE III--ADDITIONAL INFRASTRUCTURE MODIFICATIONS AND REVENUE PROVISIONS

Sec. 301. Restructuring of New York Liberty Zone tax credits.

Sec. 302. Participants in government section 457 plans allowed to treat elective deferrals as Roth contributions.

Sec. 303. Increased information return penalties.

Sec. 304. Exemption of certain commercial cargo from harbor maintenance tax.

Sec. 305. Credit to holders of qualified rail infrastructure bonds.

Sec. 306. Repeal of suspension of certain penalties and interest.

Sec. 307. Denial of deduction for certain fines, penalties, and other amounts.

Sec. 308. Revision of tax rules on expatriation.

TITLE I--AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES

SEC. 101. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.

(a) Fuel Taxes- Subparagraph (B) of section 4081(d)(2) is amended by striking `September 30, 2007' and inserting `September 30, 2011'.

(b) Ticket Taxes-

(1) PERSONS- Clause (ii) of section 4261(j)(1)(A) is amended by striking `September 30, 2007' and inserting `September 30, 2011'.

(2) PROPERTY- Clause (ii) of section 4271(d)(1)(A) is amended by striking `September 30, 2007' and inserting `September 30, 2011'.

SEC. 102. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE AUTHORITY.

(a) In General- Paragraph (1) of section 9502(d) is amended--

(1) by striking `October 1, 2007' in the matter preceding subparagraph (A) and inserting `October 1, 2011', and

(2) by striking the semicolon at the end of subparagraph (A) and inserting `or the Aviation Investment and Modernization Act of 2007;'.

(b) Conforming Amendment- Paragraph (2) of section 9502(f) is amended by striking `October 1, 2007' and inserting `October 1, 2011'.

SEC. 103. MODIFICATION OF EXCISE TAX ON KEROSENE USED IN AVIATION .

(a) Rate of Tax on Aviation-Grade Kerosene-

(1) IN GENERAL- Subparagraph (A) of section 4081(a)(2) (relating to rates of tax) is amended by striking `and' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting `, and', and by adding at the end the following new clause:

`(iv) in the case of aviation-grade kerosene, 35.9 cents per gallon.'.

(2) FUEL REMOVED DIRECTLY INTO FUEL TANK OF AIRPLANE USED IN NONCOMMERCIAL AVIATION- Subparagraph (C) of section 4081(a)(2) is amended to read as follows:

`(C) TAXES IMPOSED ON FUEL USED IN COMMERCIAL AVIATION- In the case of aviation-grade kerosene which is removed from any refinery or terminal directly into the fuel tank of an aircraft for use in commercial aviation by a person registered for such use under section 4101, the rate of tax under subparagraph (A)(iv) shall be 4.3 cents per gallon.'.

(3) EXEMPTION FOR AVIATION-GRADE KEROSENE REMOVED INTO AN AIRCRAFT- Subsection (e) of section 4082 is amended--

(A) by striking `kerosene' and inserting `aviation-grade kerosene',

(B) by striking `section 4081(a)(2)(A)(iii)' and inserting `section 4081(a)(2)(A)(iv)', and

(4) CONFORMING AMENDMENTS-

(A) Clause (iii) of section 4081(a)(2)(A) is amended by inserting `other than aviation-grade kerosene' after `kerosene'.

(B) The following provisions are each amended by striking `kerosene' and inserting `aviation-grade kerosene':

(i) Section 4081(a)(3)(A)(ii).

(ii) Section 4081(a)(3)(A)(iv).

(iii) Section 4081(a)(3)(D).

(i) by striking `paragraph (2)(C)(i)' in clause (i) and inserting `paragraph (2)(C)', and

(ii) by striking `paragraph (2)(C)(ii)' in clause (ii) and inserting `paragraph (2)(A)(iv)'.

(D) Section 4081(a)(4) is amended--

(i) in the heading by striking `KEROSENE' and inserting `AVIATION-GRADE KEROSENE', and

(ii) by striking `paragraph (2)(C)(i)' and inserting `paragraph (2)(C)'.

(E) Section 4081(d)(2) is amended by striking `(a)(2)(C)(ii)' and inserting `(a)(2)(A)(iv)'.

(b) Retail Tax on Aviation Fuel-

(1) EXEMPTION FOR PREVIOUSLY TAXED FUEL- Paragraph (2) of section 4041(c) is amended by inserting `at the rate specified in subsection (a)(2)(A)(iv) thereof' after `section 4081'.

(2) RATE OF TAX- Paragraph (3) of section 4041(c) is amended to read as follows:

`(3) RATE OF TAX- The rate of tax imposed by this subsection shall be the rate of tax in effect under section 4081(a)(2)(A)(iv) (4.3 cents per gallon with respect to any sale or use for commercial aviation).'.

(1) KEROSENE USED IN COMMERCIAL AVIATION- Clause (ii) of section 6427(l)(4)(A) is amended by striking `specified in section 4041(c) or 4081(a)(2)(A)(iii), as the case may be,' and inserting `so imposed'.

(2) KEROSENE USED IN AVIATION- Paragraph (4) of section 6427(l) is amended--

(A) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B), and

(B) by amending subparagraph (B), as redesignated by subparagraph (A), to read as follows:

`(B) PAYMENTS TO ULTIMATE, REGISTERED VENDOR- With respect to any kerosene used in aviation (other than kerosene to which paragraph (6) applies), if the ultimate purchaser of such kerosene waives (at such time and in such form and manner as the Secretary shall prescribe) the right to payment under paragraph (1) and assigns such right to the ultimate vendor, then the Secretary shall pay (without interest) the amount which would be paid under paragraph (1) to such ultimate vendor, but only if such ultimate vendor--

`(i) is registered under section 4101, and

`(ii) meets the requirements of subparagraph (A), (B), or (D) of section 6416(a)(1).'.

(3) AVIATION-GRADE KEROSENE NOT USED IN AVIATION- Subsection (l) of section 6427 is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph:

`(5) REFUNDS FOR AVIATION-GRADE KEROSENE NOT USED IN AVIATION- If tax has been imposed under section 4081 at the rate specified in section 4081(a)(2)(A)(iv) and the fuel is used other than in an aircraft, the Secretary shall pay (without interest) to the ultimate purchaser of such fuel an amount equal to the amount of tax imposed on such fuel reduced by the amount of tax that would be imposed under section 4041 if no tax under section 4081 had been imposed.'.

(4) CONFORMING AMENDMENTS-

(A) Section 4082(d)(2)(B) is amended by striking `6427(l)(5)(B)' and inserting `6427(l)(6)(B)'.

(B) Section 6427(i)(4) is amended--

(i) by striking `(4)(C)' the first two places it occurs and inserting `(4)(B)', and

(ii) by striking `, (l)(4)(C)(ii), and' and inserting `and'.

(C) The heading of section 6427(l) is amended by striking `Diesel Fuel and Kerosene' and inserting `Diesel Fuel, Kerosene, and Aviation Fuel'.

(D) Section 6427(l)(1) is amended by striking `paragraph (4)(C)(i)' and inserting `paragraph (4)(B)'.

(E) Section 6427(l)(4) is amended--

(i) by striking `KEROSENE USED IN AVIATION' in the heading and inserting `AVIATION-GRADE KEROSENE USED IN COMMERCIAL AVIATION', and

(ii) in subparagraph (A)--

(I) by striking `kerosene' and inserting `aviation-grade kerosene',

(II) by striking `KEROSENE USED IN COMMERCIAL AVIATION' in the heading and inserting `IN GENERAL'.

(d) Transfers to the Airport and Airway Trust Fund-

(1) IN GENERAL- Subparagraph (C) of section 9502(b)(1) is amended to read as follows:

`(C) section 4081 with respect to aviation gasoline and aviation-grade kerosene, and'.

(2) TRANSFERS ON ACCOUNT OF CERTAIN REFUNDS-

(A) IN GENERAL- Subsection (d) of section 9502 is amended--

(i) in paragraph (2) by striking `(other than subsection (l)(4) thereof)', and

(ii) in paragraph (3) by striking `(other than payments made by reason of paragraph (4) of section 6427(l))'.

(B) CONFORMING AMENDMENTS-

(i) Section 9503(b)(4) is amended by striking `or' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting a comma, and by inserting after subparagraph (D) the following:

`(E) section 4081 to the extent attributable to the rate specified in clause (ii) or (iv) of section 4081(a)(2)(A), or

`(F) section 4041(c).'.

(ii) Section 9503(c) is amended by striking the last paragraph (relating to transfers from the Trust Fund for certain aviation fuel taxes).

(iii) Section 9502(a) is amended--

(I) by striking `appropriated, credited, or paid into' and inserting `appropriated or credited to', and

(II) by striking `, section 9503(c)(7),'.

(e) Effective Date- The amendments made by this section shall apply to fuels removed, entered, or sold after December 31, 2007.

(f) Floor Stocks Tax-

(1) IMPOSITION OF TAX- In the case of aviation fuel which is held on January 1, 2008, by any person, there is hereby imposed a floor stocks tax on aviation fuel equal to--

(A) the tax which would have been imposed before such date on such fuel had the amendments made by this section been in effect at all times before such date, reduced by

(B) the sum of--

(i) the tax imposed before such date on such fuel under section 4081 of the Internal Revenue Code of 1986, as in effect on such date, and

(ii) in the case of kerosene held exclusively for such person's own use, the amount which such person would (but for this clause) reasonably expect (as of such date) to be paid as a refund under section 6427(l) of such Code with respect to such kerosene.

(2) LIABILITY FOR TAX AND METHOD OF PAYMENT-

(A) LIABILITY FOR TAX- A person holding aviation fuel on January 1, 2008, shall be liable for such tax.

(B) TIME AND METHOD OF PAYMENT- The tax imposed by paragraph (1) shall be paid at such time and in such manner as the Secretary of the Treasury shall prescribe.

(3) TRANSFER OF FLOOR STOCK TAX REVENUES TO TRUST FUNDS- For purposes of determining the amount transferred to the Airport and Airway Trust Fund, the tax imposed by this subsection shall be treated as imposed by section 4081(a)(2)(A)(iv) of the Internal Revenue Code of 1986.

(4) DEFINITIONS- For purposes of this subsection--

(A) AVIATION FUEL- The term `aviation fuel' means aviation-grade kerosene and aviation gasoline, as such terms are used within the meaning of section 4081 of the Internal Revenue Code of 1986.

(B) HELD BY A PERSON- Aviation fuel shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made).

(5) EXCEPTION FOR EXEMPT USES- The tax imposed by paragraph (1) shall not apply to any aviation fuel held by any person exclusively for any use to the extent a credit or refund of the tax is allowable under the Internal Revenue Code of 1986 for such use.

(6) EXCEPTION FOR CERTAIN AMOUNTS OF FUEL-

(A) IN GENERAL- No tax shall be imposed by paragraph (1) on any aviation fuel held on January 1, 2008, by any person if the aggregate amount of such aviation fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this subparagraph.

(B) EXEMPT FUEL- For purposes of subparagraph (A), there shall not be taken into account any aviation fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (6).

(i) CORPORATIONS-

(I) IN GENERAL- All persons treated as a controlled group shall be treated as 1 person.

(II) CONTROLLED GROUP- The term `controlled group' has the meaning given to such term by subsection (a) of section 1563 of the Internal Revenue Code of 1986; except that for such purposes the phrase `more than 50 percent' shall be substituted for the phrase `at least 80 percent' each place it appears in such subsection.

(ii) NONINCORPORATED PERSONS UNDER COMMON CONTROL- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control if 1 or more of such persons is not a corporation.

(7) OTHER LAWS APPLICABLE- All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of the Internal Revenue Code of 1986 on the aviation fuel involved shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section.

SEC. 104. INCREASE IN TAX ON USE OF INTERNATIONAL AIR FACILITIES.

(a) In General- Section 4261(c)(1) is amended by striking `$12.00' and inserting `$16.65'.

(b) Inflation Adjustment- Section 4261(e)(4)(B) is amended--

(1) by striking `and' at the end of clause (i),

(2) by striking `amounts contained in subsection (c).' in clause (ii) and inserting `amount contained in subsection (c)(3), and', and

(3) by adding at the end the following new clause:

`(iii) 2008 in the case of the dollar amount contained in subsection (c)(1).'.

SEC. 105. AIR TRAFFIC CONTROL SYSTEM MODERNIZATION ACCOUNT.

(a) In General- Section 9502 (relating to the Airport and Airway Trust Fund) is amended by adding at the end the following new subsection:

`(g) Establishment of Air Traffic Control System Modernization Account-

`(1) CREATION OF ACCOUNT- There is established in the Airport and Airway Trust Fund a separate account to be known as the `Air Traffic Control System Modernization Account' consisting of such amounts as may be transferred or credited to the Air Traffic Control System Modernization Account as provided in this subsection or section 9602(b).

`(2) TRANSFERS TO AIR TRAFFIC CONTROL SYSTEM MODERNIZATION ACCOUNT- The Secretary of the Treasury shall annually transfer from the Airport and Airway Trust Fund to the Air Traffic Control System Modernization Account an amount equal to $400,000,000.

`(3) EXPENDITURES FROM ACCOUNT- Amounts in the Air Traffic Control System Modernization Account shall be available to the Administrator of the Federal Aviation Administration for expenditures relating the modernization of the air traffic control system (including facility and equipment account expenditures) approved by the Air Traffic Control Modernization Oversight Board.'.

(b) Conforming Amendment- Section 9502(d)(1) is amended by striking `Amounts' and inserting `Except as provided in subsection (g), amounts'.

SEC. 106. TREATMENT OF FRACTIONAL AIRCRAFT OWNERSHIP PROGRAMS.

(a) Departure Tax in Lieu of Persons and Property Tax-

(1) DEPARTURE TAX-

(A) IN GENERAL- Subchapter C of chapter 33 is amended by redesignating part III as part IV and by inserting after part II the following new part:

`PART III--DEPARTURES

`Sec. 4266. Fractional aircraft ownership programs.

`SEC. 4266. FRACTIONAL AIRCRAFT OWNERSHIP PROGRAMS.

`(a) In General- There is hereby imposed a tax of $58 on each departure of an aircraft which is part of a fractional ownership aircraft program.

`(b) Fractional Ownership Aircraft Program- For purposes of this section--

`(1) IN GENERAL- The term `fractional ownership aircraft program' means a program under which--

`(A) a single fractional ownership program manager provides fractional ownership program management services on behalf of the fractional owners,

`(B) 2 or more airworthy aircraft are part of the program,

`(C) there are 1 or more fractional owners per program aircraft, with at least 1 program aircraft having more than 1 owner,

`(D) each fractional owner possesses at least a minimum fractional ownership interest in 1 or more program aircraft,

`(E) there exists a dry-lease exchange arrangement among all of the fractional owners, and

`(F) there are multi-year program agreements covering the fractional ownership, fractional ownership program management services, and dry-lease aircraft exchange aspects of the program.

`(2) MINIMUM FRACTIONAL OWNERSHIP INTEREST- The term `minimum fractional ownership interest' means, with respect to each type of aircraft--

`(A) a fractional ownership interest equal to or greater than 1/16 of at least 1 subsonic, fixed wing or powered lift program aircraft, or

`(B) a fractional ownership interest equal to or greater than 1/32 of a least 1 rotorcraft program aircraft.

`(3) DRY-LEASE EXCHANGE ARRANGEMENT- A `dry-lease aircraft exchange' means an agreement, documented by the written program agreements, under which the program aircraft are available, on an as needed basis without crew, to each fractional owner.

`(c) Application of Taxes-

`(1) IN GENERAL- The taxes imposed by this section shall apply to departures during the period beginning on January 1, 2008, and ending on September 30, 2011.'.

(B) TRANSFER OF REVENUES TO AIRPORT AND AIRWAY TRUST FUND- Section 9502(b)(1)(B) is amended by striking `and 4271' and inserting `4266, and 4271'.

(C) CONFORMING AMENDMENTS- The table of parts for subchapter C of chapter 33 is amended by redesignating the item relating to part III as relating to part IV and by inserting after the item relating to part II the following new item:

`Part III. Departures.'.

(2) EXEMPTION FROM TAX ON TRANSPORTATION OF PERSONS- Section 4261, as amended by section 101(b)(1), is amended by redesignating subsection (j) as subsection (k) and by inserting after subsection (i) the following new subsection:

`(j) Exemption for Aircraft in Fractional Ownership Aircraft Programs- No tax shall be imposed by this section on any air transportation by an aircraft which is part of a fractional ownership aircraft program (as defined by section 4266(b)).'.

(b) Treatment of Programs Under Fuel Taxes- Subsection (b) of section 4083 is amended by adding at the end the following new sentence: `Such term shall not include the use of any aircraft which is part of a fractional ownership aircraft program (as defined by section 4266(b)).'.

(1) DEPARTURE TAX- The amendments made by subsection (a) shall apply to transportation beginning after December 31, 2007.

(2) FUEL TAXES- The amendment made by subsection (b) shall apply to fuel sold or used after December 31, 2007.

SEC. 107. TERMINATION OF EXEMPTION FOR SMALL AIRCRAFT ON NONESTABLISHED LINES.

(a) In General- Section 4281 is amended to read as follows:

`SEC. 4281. SMALL AIRCRAFT OPERATED SOLELY FOR SIGHTSEEING.

`The taxes imposed by sections 4261 and 4271 shall not apply to transportation by an aircraft having a maximum certificated takeoff weight of 6,000 pounds or less at any time during which such aircraft is being operated on a flight the sole purpose of which is sightseeing. For purposes of the preceding sentence, the term `maximum certificated takeoff weight' means the maximum such weight contained in the type certificate or airworthiness certificate.'.

(b) Conforming Amendment- The item relating to section 4281 in the table of sections for part III of subchapter C of chapter 33 is amended by striking `on nonestablished lines' and inserting `operated solely for sightseeing'.

SEC. 108. TRANSPARENCY IN PASSENGER TAX DISCLOSURES.

(a) In General- Section 7275 (relating to penalty for offenses relating to certain airline tickets and advertising) is amended--

(1) by redesignating subsection (c) as subsection (d),

(2) by striking `subsection (a) or (b)' in subsection (d), as so redesignated, and inserting `subsection (a), (b), or (c)', and

(3) by inserting after subsection (b) the following new subsection:

`(c) Non-Tax Charges-

`(1) IN GENERAL- In the case of transportation by air for which disclosure on the ticket or advertising for such transportation of the amounts paid for passenger taxes is required by subsection (a)(2) or (b)(1)(B), it shall be unlawful for the disclosure of the amount of such taxes on such ticket or advertising to include any amounts not attributable to the taxes imposed by subsection (a), (b), or (c) of section 4261.

`(2) INCLUSION IN TRANSPORTATION COST- Nothing in this subsection shall prohibit the inclusion of amounts not attributable to the taxes imposed by subsection (a), (b), or (c) of section 4261 in the disclosure of the amount paid for transportation as required by subsection (a)(1) or (b)(1)(A), or in a separate disclosure of amounts not attributable to such taxes.'.

(b) Effective Date- The amendments made by this section shall apply to transportation beginning after December 31, 2007.

SEC. 109. REQUIRED FUNDING OF NEW ACCRUALS UNDER AIR CARRIER PENSION PLANS.

(a) In General- Section 402(a) of the Pension Protection Act of 2006, as amended by section 6615(a) of the U. S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 110-28), is amended--

(1) in paragraph (2)--

(A) by striking `to its first taxable year beginning in 2008',

(B) by striking `for such taxable year' and inserting `for its first plan year beginning in 2008', and

(C) by striking `and by using, in determining the funding target for each of the 10 plan years during such period, an interest rate of 8.25 percent (rather than the segment rates calculated on the basis of the corporate bond yield curve)', and

(2) by adding at the end the following new flush matter:

`If the plan sponsor of an eligible plan elects the application of paragraph (2), the plan sponsor may also elect, in determining the funding target for each of the 10 plan years during the period described in paragraph (2), to use an interest rate of 8.25 percent (rather than the segment rates calculated on the basis of the corporate bond yield curve). Notwithstanding the preceding sentence, in the case of any plan year of the eligible plan for which such 8.25 percent interest rate is used, the minimum required contribution under section 303 of such Act and section 430 of such Code shall in no event be less than the target normal cost of the plan for such plan year (as determined under section 303(b) of such Act and section 430(b) of such Code). A plan sponsor may revoke the election to use the 8.25 percent interest rate and if the revocation is made, the revocation shall apply to the plan year for which made and all subsequent plan years and the plan sponsor may not elect to use the 8.25 percent interest rate for any subsequent plan year.'.

(b) Effective Date- The amendments made by this section shall take effect as if included in the provisions of the Pension Protection Act of 2006 to which such amendments relate.

TITLE II--INCREASED FUNDING FOR HIGHWAY TRUST FUND

SEC. 201. REPLENISH EMERGENCY SPENDING FROM HIGHWAY TRUST FUND.

(a) In General- Section 9503(b) is amended--

(1) by adding at the end the following new paragraph:

`(7) EMERGENCY SPENDING REPLENISHMENT- There is hereby appropriated to the Highway Trust Fund $3,400,000,000.', and

(2) by striking `Amounts Equivalent to Certain Taxes and Penalties' in the heading and inserting `Certain Amounts'.

(b) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act.

SEC. 202. SUSPENSION OF TRANSFERS FROM HIGHWAY TRUST FUND FOR CERTAIN REPAYMENTS AND CREDIT.

Section 9503(c)(2) is amended by adding at the end the following new subparagraph:

`(D) TEMPORARY SUSPENSION- This paragraph shall not apply to amounts estimated by the Secretary to be attributable to the 6-month period beginning on the date of the enactment of the American Infrastructure Investment and Improvement Act of 2007.'.

SEC. 203. TAXATION OF TAXABLE FUELS IN FOREIGN TRADE ZONES.

(a) Tax Imposed on Removals and Entries in Foreign Trade Zones-

(1) IN GENERAL- Subsection (a) of section 4083 (relating to definitions) is amended by adding at the end the following new paragraph:

`(4) UNITED STATES- The term `United States' includes any foreign trade zone or bonded warehouse located in the United States.'.

(2) CONFORMING AMENDMENT- Section 4081(a)(1)(A) (relating to imposition of tax) is amended--

(A) in clause (i), by inserting `in the United States' after `refinery'; and

(B) in clause (ii), by inserting `in the United States' after `terminal'.

(b) Treatment of Taxable Fuel in Foreign Trade Zones- Paragraph (2) of section 81c(a) of title 19, United States Code, is amended by inserting `(other than the provisions relating to taxable fuel (as defined under section 4083(a) of the Internal Revenue Code of 1986))' after `thereunder'.

(1) SUBSECTION (a)- The amendments made by subsection (a) shall apply to removals and entries after December 31, 2007.

(2) SUBSECTION (b)- The amendment made by subsection (b) shall take effect on January 1, 2008.

SEC. 204. CLARIFICATION OF PENALTY FOR SALE OF FUEL FAILING TO MEET EPA REGULATIONS.

(a) In General- Subsection (a) of section 6720A (relating to penalty with respect to certain adulterated fuels) is amended by striking `applicable EPA regulations (as defined in section 45H(c)(3))' and inserting `the requirements for diesel fuel under section 211 of the Clean Air Act, as determined by the Secretary,'.

(b) Effective Date- The amendments made by this section shall apply to any transfer, sale, or holding out for sale or resale occurring after the date of the enactment of this Act.

SEC. 205. TREATMENT OF QUALIFIED ALCOHOL FUEL MIXTURES AND QUALIFIED BIODIESEL FUEL MIXTURES AS TAXABLE FUELS.

(a) In General-

(1) QUALIFIED ALCOHOL FUEL MIXTURES- Paragraph (2) of section 4083(a) (relating to gasoline) is amended--

(A) by striking `and' at the end of subparagraph (A),

(B) by redesignating subparagraph (B) as subparagraph (C), and

`(B) includes any qualified mixture (as defined in section 40(b)(1)(B)) which is a mixture of alcohol and special fuel, and'.

(2) QUALIFIED BIODIESEL FUEL MIXTURES- Subparagraph (A) of section 4083(a)(3) (relating to diesel fuel) is amended by striking `and' at the end of clause (ii), by redesignating clause (iii) as clause (iv), and inserting after clause (ii) the following new clause:

`(iii) any qualified biodiesel mixture (as defined in section 40A(b)(1)(B)), and'.

(b) Effective Date- The amendments made by this section shall apply to fuels removed, entered, or sold after December 31, 2007.

SEC. 206. CALCULATION OF VOLUME OF ALCOHOL FOR FUEL CREDITS.

(a) In General- Paragraph (4) of section 40(d) (relating to volume of alcohol) is amended by striking `the volume of alcohol' and all that follows and inserting `the volume of alcohol shall not include any denaturant added to such alcohol.'.

(b) Conforming Amendment for Excise Tax Credit- Section 6426(b) (relating to alcohol fuel mixture credit) is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph:

`(5) VOLUME OF ALCOHOL- For purposes of determining under subsection (a) the number of gallons of alcohol with respect to which a credit is allowable under subsection (a), the volume of alcohol shall not include any denaturant added to such alcohol.'.

SEC. 207. BULK TRANSFER EXCEPTION NOT TO APPLY TO FINISHED GASOLINE.

(a) In General- Subparagraph (B) of section 4081(a)(1) (relating to tax on removal, entry, or sale) is amended by adding at the end the following new clause:

`(iii) EXCEPTION FOR FINISHED GASOLINE- Clause (i) shall not apply to any finished gasoline.'.

(b) Exception to Tax on Finished Gasoline for Prior Taxable Removals- Paragraph (1) of section 4081(a) is amended by adding at the end the following new subparagraph:

`(C) EXEMPTION FOR PREVIOUSLY TAXED FINISHED GASOLINE- The tax imposed by this paragraph shall not apply to the removal of gasoline described in subparagraph (B)(iii) from any terminal if there was a prior taxable removal or entry of such fuel under clause (i), (ii), or (iii) of subparagraph (A). The preceding sentence shall not apply to the volume of any product added to such gasoline at the terminal unless there was a prior taxable removal or entry of such product under clause (i), (ii), or (iii) of subparagraph (A).'.

(c) Effective Date- The amendment made by this section shall apply to fuel removed, entered, or sold after December 31, 2007.

SEC. 208. INCREASE AND EXTENSION OF OIL SPILL LIABILITY TRUST FUND TAX.

(a) Increase in Rate-

(1) IN GENERAL- Section 4611(c)(2)(B) (relating to rates) is amended by striking `5 cents' and inserting `10 cents'.

(2) EFFECTIVE DATE- The amendment made by this subsection shall apply on and after the first day of the first calendar quarter beginning more than 60 days after the date of the enactment of this Act.

(b) Extension-

(1) IN GENERAL- Section 4611(f) (relating to application of Oil Spill Liability Trust Fund financing rate) is amended by striking paragraphs (2) and (3) and inserting the following new paragraph:

`(2) TERMINATION- The Oil Spill Liability Trust Fund financing rate shall not apply after December 31, 2017.'.

(2) CONFORMING AMENDMENT- Section 4611(f)(1) is amended by striking `paragraphs (2) and (3)' and inserting `paragraph (2)'.

(3) EFFECTIVE DATE- The amendments made by this subsection shall take effect on the date of the enactment of this Act.

SEC. 209. APPLICATION OF RULES TREATING INVERTED CORPORATIONS AS DOMESTIC CORPORATIONS TO CERTAIN TRANSACTIONS OCCURRING AFTER MARCH 20, 2002.

(a) In General- Section 7874(b) (relating to inverted corporations treated as domestic corporations) is amended to read as follows:

`(b) Inverted Corporations Treated as Domestic Corporations-

`(1) IN GENERAL- Notwithstanding section 7701(a)(4), a foreign corporation shall be treated for purposes of this title as a domestic corporation if such corporation would be a surrogate foreign corporation if subsection (a)(2) were applied by substituting `80 percent' for `60 percent'.

`(2) SPECIAL RULE FOR CERTAIN TRANSACTIONS OCCURRING AFTER MARCH 20, 2002-

`(A) IN GENERAL- If--

`(i) paragraph (1) does not apply to a foreign corporation, but

`(ii) paragraph (1) would apply to such corporation if, in addition to the substitution under paragraph (1), subsection (a)(2) were applied by substituting `March 20, 2002' for `March 4, 2003' each place it appears,

then paragraph (1) shall apply to such corporation but only with respect to taxable years of such corporation beginning after the date of the enactment of the American Infrastructure Investment and Improvement Act of 2007.

`(B) SPECIAL RULES- Subject to such rules as the Secretary may prescribe, in the case of a corporation to which paragraph (1) applies by reason of this paragraph--

`(i) the corporation shall be treated, as of the close of its first taxable year ending after the date of the enactment of the American Infrastructure Investment and Improvement Act of 2007, as having transferred all of its assets, liabilities, and earnings and profits to a domestic corporation in a transaction with respect to which no tax is imposed under this title,

`(ii) the bases of the assets transferred in the transaction to the domestic corporation shall be the same as the bases of the assets in the hands of the foreign corporation, subject to any adjustments under this title for built-in losses,

`(iii) the basis of the stock of any shareholder in the domestic corporation shall be the same as the basis of the stock of the shareholder in the foreign corporation for which it is treated as exchanged, and

`(iv) the transfer of any earnings and profits by reason of clause (i) shall be disregarded in determining any deemed dividend or foreign tax creditable to the domestic corporation with respect to such transfer.

`(C) REGULATIONS- The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this paragraph, including regulations to prevent the avoidance of the purposes of this paragraph.'.

(b) Effective Date- The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

SEC. 210. DENIAL OF DEDUCTION FOR PUNITIVE DAMAGES.

(a) Disallowance of Deduction-

(1) IN GENERAL- Section 162(g) (relating to treble damage payments under the antitrust laws) is amended--

(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively,

(B) by striking `If' and inserting:

`(1) TREBLE DAMAGES- If', and

`(2) PUNITIVE DAMAGES- No deduction shall be allowed under this chapter for any amount paid or incurred for punitive damages in connection with any judgment in, or settlement of, any action. This paragraph shall not apply to punitive damages described in section 104(c).'.

(2) CONFORMING AMENDMENT- The heading for section 162(g) is amended by inserting `Or Punitive Damages' after `Laws'.

(b) Inclusion in Income of Punitive Damages Paid by Insurer or Otherwise-

(1) IN GENERAL- Part II of subchapter B of chapter 1 (relating to items specifically included in gross income) is amended by adding at the end the following new section:

`SEC. 91. PUNITIVE DAMAGES COMPENSATED BY INSURANCE OR OTHERWISE.

`Gross income shall include any amount paid to or on behalf of a taxpayer as insurance or otherwise by reason of the taxpayer's liability (or agreement) to pay punitive damages.'.

(2) REPORTING REQUIREMENTS- Section 6041 (relating to information at source) is amended by adding at the end the following new subsection:

`(h) Section To Apply to Punitive Damages Compensation- This section shall apply to payments by a person to or on behalf of another person as insurance or otherwise by reason of the other person's liability (or agreement) to pay punitive damages.'.

(3) CONFORMING AMENDMENT- The table of sections for part II of subchapter B of chapter 1 is amended by adding at the end the following new item:

`Sec. 91. Punitive damages compensated by insurance or otherwise.'.

(c) Effective Date- The amendments made by this section shall apply to damages paid or incurred on or after the date of the enactment of this Act.

SEC. 211. FUEL TECHNICAL CORRECTIONS.

(a) Amendments Related to Section 11113 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users-

(1) Paragraph (3) of section 6427(i) is amended--

(A) by inserting `or under subsection (e)(2) by any person with respect to an alternative fuel (as defined in section 6426(d)(2))' after `section 6426' in subparagraph (A),

(B) by inserting `or (e)(2)' after `subsection (e)(1)' in subparagraphs (A)(i) and (B), and

(2)(A) Subparagraph (F) of section 6426(d)(2) is amended by striking `hydrocarbons' and inserting `fuel'.

(B) Section 6426 is amended by adding at the end the following new subsection:

`(h) Denial of Double Benefit- No credit shall be determined under subsection (d) or (e) with respect to any fuel which is described in subsection (b) or (c) or section 40 or 40A.'.

(3) The amendments made by this subsection shall take effect as if included in section 11113 of the SAFETEA-LU.

(b) Amendments Related to the Energy Policy Act of 2005-

(1) AMENDMENT RELATED TO SECTION 1342 OF THE ACT-

(A) So much of subsection (b) of section 30C as precedes paragraph (1) thereof is amended to read as follows:

`(b) Limitation- The credit allowed under subsection (a) with respect to all alternative fuel vehicle refueling property placed in service by the taxpayer during the taxable year at a location shall not exceed--'.

(B) Subsection (c) of section 30C is amended to read as follows:

`(c) Qualified Alternative Fuel Vehicle Refueling Property- For purposes of this section, the term `qualified alternative fuel vehicle refueling property' has the same meaning as the term `qualified clean-fuel vehicle refueling property' would have under section 179A if--

`(1) paragraph (1) of section 179A(d) did not apply to property installed on property which is used as the principal residence (within the meaning of section 121) of the taxpayer, and

`(2) only the following were treated as clean burning fuels for purposes of section 179A(d):

`(A) Any fuel at least 85 percent of the volume of which consists of one or more of the following: ethanol, natural gas, compressed natural gas, liquified natural gas, liquefied petroleum gas, or hydrogen.

`(B) Any mixture--

`(i) which consists of two or more of the following: biodiesel (as so defined), diesel fuel (as defined in section 4083(a)(3)), or kerosene, and

`(ii) at least 20 percent of the volume of which consists of biodiesel (as so defined) determined without regard to any kerosene in such mixture.'.

(2) AMENDMENTS RELATED TO SECTION 1362 OF THE ACT-

(A)(i) Paragraph (1) of section 4041(d) is amended by adding at the end the following new sentence: `No tax shall be imposed under the preceding sentence on the sale or use of any liquid if tax was imposed with respect to such liquid under section 4081 at the Leaking Underground Storage Tank Trust Fund financing rate.'.

(ii) Paragraph (3) of section 4042(b) is amended to read as follows:

`(3) EXCEPTION FOR FUEL ON WHICH LEAKING UNDERGROUND STORAGE TANK TRUST FUND FINANCING RATE SEPARATELY IMPOSED- The Leaking Underground Storage Tank Trust Fund financing rate under paragraph (2)(B) shall not apply to the use of any fuel if tax was imposed with respect to such fuel under section 4041(d) or 4081 at the Leaking Underground Storage Tank Trust Fund financing rate.'.

(iii) Notwithstanding section 6430 of the Internal Revenue Code of 1986, a refund, credit, or payment may be made under subchapter B of chapter 65 of such Code for taxes imposed with respect to any liquid after September 30, 2005, and before the date of the enactment of this Act under section 4041(d)(1) or 4042 of such Code at the Leaking Underground Storage Tank Trust Fund financing rate to the extent that tax was imposed with respect to such liquid under section 4081 at the Leaking Underground Storage Tank Trust Fund financing rate.

(B)(i) Paragraph (5) of section 4041(d) is amended--

(I) by striking `(other than with respect to any sale for export under paragraph (3) thereof)', and

(II) by adding at the end the following new sentence: `The preceding sentence shall not apply with respect to subsection (g)(3) and so much of subsection (g)(1) as relates to vessels (within the meaning of section 4221(d)(3)) employed in foreign trade or trade between the United States and any of its possessions.'

(ii) Section 4082 is amended--

(I) by striking `(other than such tax at the Leaking Underground Storage Tank Trust Fund financing rate imposed in all cases other than for export)' in subsection (a), and

(II) by redesignating subsections (f) and (g) as subsections (g) and (h) and by inserting after subsection (e) the following new subsection:

`(f) Exception for Leaking Underground Storage Tank Trust Fund Financing Rate-

`(1) IN GENERAL- Subsection (a) shall not apply to the tax imposed under section 4081 at the Leaking Underground Storage Tank Trust Fund financing rate.

`(2) EXCEPTION FOR EXPORT, ETC- Paragraph (1) shall not apply with respect to any fuel if the Secretary determines that such fuel is destined for export or for use by the purchaser as supplies for vessels (within the meaning of section 4221(d)(3)) employed in foreign trade or trade between the United States and any of its possessions.'.

(iii) Subsection (e) of section 4082, as amended by this Act, is amended--

(I) by striking `an aircraft, the rate of tax under section 4081(a)(2)(A)(iv) shall be zero.' and inserting `an aircraft--

`(1) the rate of tax under section 4081(a)(2)(A)(iv) shall be zero, and

`(2) if such aircraft is employed in foreign trade or trade between the United States and any of its possessions, the increase in such rate under section 4081(a)(2)(B) shall be zero.'; and

(II) by moving the last sentence flush with the margin of such subsection (following the paragraph (2) added by clause (i)).

(iv) Section 6430 is amended to read as follows:

`SEC. 6430. TREATMENT OF TAX IMPOSED AT LEAKING UNDERGROUND STORAGE TANK TRUST FUND FINANCING RATE.

`No refunds, credits, or payments shall be made under this subchapter for any tax imposed at the Leaking Underground Storage Tank Trust Fund financing rate, except in the case of fuels--

`(1) which are exempt from tax under section 4081(a) by reason of section 4082(f)(2),

`(2) which are exempt from tax under section 4041(d) by reason of the last sentence of paragraph (5) thereof, or

`(3) with respect to which the rate increase under section 4081(a)(2)(B) is zero by reason of section 4082(e)(2).'.

(3) EFFECTIVE DATE-

(A) IN GENERAL- Except as otherwise provided in this paragraph, the amendments made by this subsection shall take effect as if included in the provisions of the Energy Policy Act of 2005 to which they relate.

(B) NONAPPLICATION OF EXEMPTION FOR OFF-HIGHWAY BUSINESS USE- The amendment made by paragraph (2)(C) shall apply to fuel sold for use or used after the date of the enactment of this Act.

(C) AMENDMENT MADE BY THE SAFETEA-LU- The amendment made by paragraph (2)(B)(iii)(II) shall take effect as if included in section 11161 of the SAFETEA-LU.

(1)(A) Section 45H is amended by striking subsection (d) and by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively.

(B) Subsection (d) of section 280C is amended to read as follows:

`(d) Credit for Low Sulfur Diesel Fuel Production- The deductions otherwise allowed under this chapter for the taxable year shall be reduced by the amount of the credit determined for the taxable year under section 45H(a).'.

(C) Subsection (a) of section 1016 is amended by striking paragraph (31) and by redesignating paragraphs (32) through (37) as paragraphs (31) through (36), respectively.

(2)(A) Section 45H, as amended by paragraph (1), is amended by adding at the end the following new subsection:

`(g) Election to Not Take Credit- No credit shall be determined under subsection (a) for the taxable year if the taxpayer elects not to have subsection (a) apply to such taxable year.'.

(B) Subsection (m) of section 6501 is amended by inserting `45H(g),' after `45C(d)(4),'.

(3)(A) Subsections (b)(1)(A), (c)(2), (e)(1), and (e)(2) of section 45H (as amended by paragraph (1)) and section 179B(a) are each amended by striking `qualified capital costs' and inserting `qualified costs'.

(B) The heading of paragraph (2) of section 45H(c) is amended by striking `CAPITAL'.

(C) Subsection (a) of section 179B is amended by inserting `and which are properly chargeable to capital account' before the period at the end.

(4) The amendments made by this subsection shall take effect as if included in section 339 of the American Jobs Creation Act of 2004.

SEC. 212. MOTOR FUEL TAX ENFORCEMENT ADVISORY COMMISSION.

(a) In General- Section 11141 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users is amended to read as follows:

`SEC. 11141. MOTOR FUEL TAX ENFORCEMENT ADVISORY COMMISSION.

`(a) Establishment- There is established a Motor Fuel Tax Enforcement Advisory Commission (in this section referred to as the `Commission').

`(b) Membership-

`(1) APPOINTMENT- The Commission shall be composed of 14 members, of which--

`(A) 1 shall be appointed by the Administrator of the Federal Highway Administration as a representative of the Federal Highway Administration,

`(B) 1 shall be appointed by the Inspector General for the Department of Transportation as a representative the Office of Inspector General for the Department of Transportation,

`(C) 1 shall be appointed by the Secretary of Transportation as a representative of the Department of Transportation,

`(D) 1 shall be appointed by the Secretary of Homeland Security to be a representative of the Department of Homeland Security,

`(E) 1 shall be appointed by the Secretary of Defense to be a representative of the Department of Defense,

`(F) 1 shall be appointed by the Attorney General to be a representative of the Department of Justice,

`(G) 2 shall be appointed by the Chairman of the Committee on Finance of the Senate,

`(H) 2 shall be appointed by the Ranking Member of the Committee on Finance of the Senate,

`(I) 2 shall be appointed by Chairman of the Committee on Ways and Means of the House of Representatives, and

`(J) 2 shall be appointed by Ranking Member of the Committee on Ways and Means of the House of Representatives.

`(2) QUALIFICATION FOR CERTAIN MEMBERS- Of the members appointed under subparagraphs (G), (H), (I) and (J)--

`(A) at least 1 shall be representative from the Federation of State Tax Administrators,

`(B) at least 1shall be a representative from any State department of transportation,

`(C) at least 1 shall be a representative from industries relating to fuel distribution, and

`(D) at least 1 shall be a representative from industries relating to fuel distribution (such a refiners, distributors, pipeline operators, and terminal operators).

`(3) TERMS- Members shall be appointed for the life of the Commission.

`(4) VACANCIES- A vacancy in the Commission shall be filled in the manner in which the original appointment was made.

`(5) TRAVEL EXPENSES- Members of the Commission shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.

`(6) CHAIRMAN- The Chairman of the Commission shall be elected by the members.

`(c) Duties-

`(1) IN GENERAL- The Commission shall--

`(A) review motor fuel revenue collections, historical and current;

`(B) review the progress of investigations;

`(C) develop and review legislative proposals with respect to motor fuel taxes;

`(D) monitor the progress of administrative regulation projects relating to motor fuel taxes;

`(E) evaluate and make recommendations to the President and Congress regarding--

`(i) the effectiveness of existing Federal enforcement programs regarding motor fuel taxes,

`(ii) enforcement personnel allocation, and

`(iii) proposals for regulatory projects, legislation, and funding.

`(2) REPORT- Not later than September 30, 2009, the Commission shall submit to Congress a final report that contains a detailed statement on the findings and conclusions of the Commission, together with recommendations for such legislation and administrative action as the Commission considers appropriate or necessary.

`(d) Powers-

`(1) HEARINGS- The Commission may hold such hearings for the purpose of carrying out this Act, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. The Commission may administer oaths and affirmations to witnesses appearing before the Commission.

`(2) OBTAINING DATA- The Commission may secure directly from any department or agency of the United States, information (other than information required by any law to be kept confidential by such department or agency) necessary for the Commission to carry out its duties under this section. Upon request of the Commission, the head of that department or agency shall furnish such nonconfidential information to the Commission. The Commission shall also gather evidence through such means as it may determine appropriate, including through holding hearings and soliciting comments by means of Federal Register notices.

`(3) POSTAL SERVICES- The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.

`(4) GIFTS- The Commission may accept, hold, administer, and utilize gifts, donations, and requests of property, both real and personal, for the purposes of aiding or facilitating the work of the Commission. Gifts and bequests of money, and the proceeds from the sale of any other property received as gifts or bequests, shall be deposited in the Treasury in a separate fund and shall be disbursed upon order of the Commission. For purposes of Federal income, estate, and gift taxation, property accepted under this section shall be considered as a gift or bequest to or for the use of the United States.

`(e) Support Services-

`(1) ADMINISTRATIVE SUPPORT SERVICES- Upon the request of the Commission, the Secretary of Transportation shall provide to the Commission administrative support services necessary to enable the Commission to carry out its duties under this Act.

`(2) DETAIL OF GOVERNMENT EMPLOYEES- Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.

`(3) VOLUNTARY SERVICES-

`(A) IN GENERAL- Notwithstanding the provisions of section 1342 of title 31, United States Code, the Commission is authorized to accept and utilize the services of volunteers serving without compensation. The Commission may reimburse such volunteers for local travel and office supplies, and for other travel expenses, including per diem in lieu of subsistence as authorized by section 5703, United States Code.

`(B) TREATMENT OF VOLUNTEERS- A person providing volunteer services to the Commission shall be considered an employee of the Federal Government in the performance of those services for the purposes of the following provisions of law:

`(i) chapter 81 of title 5, United States Code, relating to compensation for work-related injuries;

`(ii) chapter 171 of title 28, United States Code, relating to tort claims; and

`(iii) chapter 11 of title 18, United States Code, relating to conflicts of interest.

`(4) CONSULTATION- Upon request of the Commission, representatives of the Department of the Treasury and the Internal Revenue Service shall be available for consultation to assist the Commission in carrying out its duties under this section.

`(5) COOPERATION- The staff of the Department of Transportation, the Department of Homeland Security, the Department of Justice, and the Department of Defense shall cooperate with the Commission as necessary.

`(f) Inapplicability of Federal Advisory Committee Act- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.

`(g) Termination-

`(1) IN GENERAL- The Commission shall terminate on the date that is 90 days after the date on which the Commission submits the report required under subsection (c)(2).

`(2) RECORDS- Not later than the date on which the Commission terminates, the Commission shall transmit all records of the Commission to the National Archives.'.

(b) Effective Date- The amendment made by this section shall take effect on the date of the enactment of this Act.

SEC. 213. HIGHWAY TRUST FUND CONFORMING EXPENDITURE AMENDMENT.

(a) In General- Subsections (c)(1) and (e)(3) of section 9503 are each amended by inserting `, as amended by An Act to authorize additional funds for emergency repairs and reconstruction of the Interstate I-35 bridge located in Minneapolis, Minnesota, that collapsed on August 1, 2007, to waive the $100,000,000 limitation on emergency relief funds for those emergency repairs and reconstruction, and for other purposes,' after `Users'.

(b) Effective Date- The amendments made by this section shall take effect as if included in the enactment of An Act to authorize additional funds for emergency repairs and reconstruction of the Interstate I-35 bridge located in Minneapolis, Minnesota, that collapsed on August 1, 2007, to waive the $100,000,000 limitation on emergency relief funds for those emergency repairs and reconstruction, and for other purposes.

TITLE III--ADDITIONAL INFRASTRUCTURE MODIFICATIONS AND REVENUE PROVISIONS

SEC. 301. RESTRUCTURING OF NEW YORK LIBERTY ZONE TAX CREDITS.

(a) In General- Part I of subchapter Y of chapter 1 is amended by redesignating section 1400L as 1400K and by adding at the end the following new section:

`SEC. 1400L. NEW YORK LIBERTY ZONE TAX CREDITS.

`(a) In General- In the case of a New York Liberty Zone governmental unit, there shall be allowed as a credit against any taxes imposed for any payroll period by section 3402 for which such governmental unit is liable under section 3403 an amount equal to so much of the portion of the qualifying project expenditure amount allocated under subsection (b)(3) to such governmental unit for the calendar year as is allocated by such governmental unit to such period under subsection (b)(4).

`(b) Qualifying Project Expenditure Amount- For purposes of this section--

`(1) IN GENERAL- The term `qualifying project expenditure amount' means, with respect to any calendar year, the sum of--

`(A) the total expenditures paid or incurred during such calendar year by all New York Liberty Zone governmental units and the Port Authority of New York and New Jersey for any portion of qualifying projects located wholly within the City of New York, New York, and

`(B) any such expenditures--

`(i) paid or incurred in any preceding calendar year which begins after the date of enactment of this section, and

`(ii) not previously allocated under paragraph (3).

`(2) QUALIFYING PROJECT- The term `qualifying project' means any transportation infrastructure project, including highways, mass transit systems, railroads, airports, ports, and waterways, in or connecting with the New York Liberty Zone (as defined in section 1400K(h)), which is designated as a qualifying project under this section jointly by the Governor of the State of New York and the Mayor of the City of New York, New York.

`(3) GENERAL ALLOCATION-

`(A) IN GENERAL- The Governor of the State of New York and the Mayor of the City of New York, New York, shall jointly allocate to each New York Liberty Zone governmental unit the portion of the qualifying project expenditure amount which may be taken into account by such governmental unit under subsection (a) for any calendar year in the credit period.

`(B) AGGREGATE LIMIT- The aggregate amount which may be allocated under subparagraph (A) for all calendar years in the credit period shall not exceed $2,000,000,000.

`(C) ANNUAL LIMIT-

`(i) IN GENERAL- The aggregate amount which may be allocated under subparagraph (A) for any calendar year in the credit period shall not exceed the sum of--

`(I) the applicable limit, plus

`(II) the aggregate amount authorized to be allocated under this paragraph for all preceding calendar years in the credit period which was not so allocated.

`(ii) APPLICABLE LIMIT- For purposes of clause (i), the applicable limit for any calendar year in the credit period is $169,000,000 and in the case of any calendar year after 2019, zero.

`(D) UNALLOCATED AMOUNTS AT END OF CREDIT PERIOD- If, as of the close of the credit period, the amount under subparagraph (B) exceeds the aggregate amount allocated under subparagraph (A) for all calendar years in the credit period, the Governor of the State of New York and the Mayor of the City of New York, New York, may jointly allocate to New York Liberty Zone governmental units for any calendar year in the 5-year period following the credit period an amount equal to--

`(i) the lesser of--

`(I) such excess, or

`(II) the qualifying project expenditure amount for such calendar year, reduced by

`(ii) the aggregate amount allocated under this subparagraph for all preceding calendar years.

`(4) ALLOCATION TO PAYROLL PERIODS- Each New York Liberty Zone governmental unit which has been allocated a portion of the qualifying project expenditure amount under paragraph (3) for a calendar year may allocate such portion to payroll periods beginning in such calendar year as such governmental unit determines appropriate.

`(c) Carryover of Unused Allocations-

`(1) IN GENERAL- Except as provided in paragraph (2), if the amount allocated under subsection (b)(3) to a New York Liberty Zone governmental unit for any calendar year exceeds the aggregate taxes imposed by section 3402 for which such governmental unit is liable under section 3403 for periods beginning in such year, such excess shall be carried to the succeeding calendar year and added to the allocation of such governmental unit for such succeeding calendar year. No amount may be carried under the preceding sentence to a calendar year after 2024.

`(2) REALLOCATION- If a New York Liberty Zone governmental unit does not use an amount allocated to it under subsection (b)(3) within the time prescribed by the Governor of the State of New York and the Mayor of the City of New York, New York, then such amount shall after such time be treated for purposes of subsection (b)(3) in the same manner as if it had never been allocated.

`(d) Definitions and Special Rules- For purposes of this section--

`(1) CREDIT PERIOD- The term `credit period' means the 12-year period beginning on January 1, 2008.

`(2) NEW YORK LIBERTY ZONE GOVERNMENTAL UNIT- The term `New York Liberty Zone governmental unit' means--

`(A) the State of New York,

`(B) the City of New York, New York, and

`(C) any agency or instrumentality of such State or City.

`(3) TREATMENT OF FUNDS- Any expenditure for a qualifying project taken into account for purposes of the credit under this section shall be considered State and local funds for the purpose of any Federal program.

`(4) TREATMENT OF CREDIT AMOUNTS FOR PURPOSES OF WITHHOLDING TAXES- For purposes of this title, a New York Liberty Zone governmental unit shall be treated as having paid to the Secretary, on the day on which wages are paid to employees, an amount equal to the amount of the credit allowed to such entity under subsection (a) with respect to such wages, but only if such governmental unit deducts and withholds wages for such payroll period under section 3401 (relating to wage withholding).

`(e) Reporting- The Governor of the State of New York and the Mayor of the City of New York, New York, shall jointly submit to the Secretary an annual report--

`(1) which certifies--

`(A) the qualifying project expenditure amount for the calendar year, and

`(B) the amount allocated to each New York Liberty Zone governmental unit under subsection (b)(3) for the calendar year, and

`(2) includes such other information as the Secretary may require to carry out this section.

`(f) Guidance- The Secretary may prescribe such guidance as may be necessary or appropriate to ensure compliance with the purposes of this section.

`(g) Termination- No credit shall be allowed under subsection (a) for any calender year after 2024.'.

(b) Termination of Special Allowance and Expensing- Section 1400K(b)(2)(A)(v), as redesignated by subsection (a), is amended by striking `the termination date' and inserting `the date of the enactment of the American Infrastructure Investment and Improvement Act of 2007 or the termination date if pursuant to a binding contract in effect on such enactment date'.

(1) Section 38(c)(3)(B) is amended by striking `section 1400L(a)' and inserting `section 1400K(a)'.

(2) Section 168(k)(2)(D)(ii) is amended by striking `section 1400L(c)(2)' and inserting `1400K(c)(2)'.

(3) The table of sections for part I of subchapter Y of chapter 1 is amended by striking `1400L' and inserting `1400K'.

(d) Effective Dates-

(1) IN GENERAL- Except as provided in paragraph (2), the amendments made by this section shall apply to periods beginning after December 31, 2007.

(2) TERMINATION OF SPECIAL ALLOWANCE AND EXPENSING- The amendment made by subsection (b) shall take effect on the date of the enactment of this Act.

SEC. 302. PARTICIPANTS IN GOVERNMENT SECTION 457 PLANS ALLOWED TO TREAT ELECTIVE DEFERRALS AS ROTH CONTRIBUTIONS.

(a) In General- Section 402A(e)(1) (defining applicable retirement plan) is amended by striking `and' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting `, and', and by adding at the end the following:

`(C) an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A).'.

(b) Elective Deferrals- Section 402A(e)(2) (defining elective deferral) is amended to read as follows:

`(2) ELECTIVE DEFERRAL- The term `elective deferral' means--

`(A) any elective deferral described in subparagraph (A) or (C) of section 402(g)(3), and

`(B) any elective deferral of compensation by an individual under an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A).'.