Volume 151, No. 64 covering the 1st Session of the 109th Congress (2005 - 2006) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S5232-S5237 on May 16, 2005.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 761. Mr. INHOFE (for himself and Mr. Jeffords) proposed an amendment to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes; as follows:
On page 29, line 1, strike ``Control and'' and insert
``Inventory, control, and''.
On page 35, strike lines 15 through 21 and insert the following:
(C) Park roads and parkways.--
(i) In general.--For park roads and parkways under section 204 of that title--
(I) $320,000,000 for fiscal year 2005; and
(II) $330,000,000 for each of fiscal years 2006 through 2009.
(ii) Minimum allocation to certain states.--A State more than 50 percent of the acreage of which is within the National Park System shall receive not less than 3 percent of any funds appropriated under this subparagraph, to be used for park transportation projects.
(iii) Modification of authorization.--Any amount authorized to be appropriated under section 2001(a)(1)(A) to carry out surface transportation research shall be reduced by--
(I) for fiscal year 2005, $29,025,031; and
(II) for each of fiscal years 2006 through 2009,
$29,638,742.
On page 140, strike lines 11 through 18, and insert the following:
``(10)(A) Recommending federally-assisted projects to implement or accommodate the use of a device capable of--
``(i) automatically capturing images of, measuring the speed of, and relating to, multiple vehicles in multiple lanes simultaneously; and
``(ii) correlating measured speeds to capture images of specific identified vehicles traveling in excess of posted speed limits in road work zones and construction areas.
``(B) Recommending appropriate measures to protect public security and privacy, including--
``(i) notice to drivers of the use of the devices described in subparagraph (A); and
``(ii) with respect to the information generated by the devices described in subparagraph (A)--
``(I) limitations on the number of, and authorization process relating to, individuals that may access the information;
``(II) limitations on the use, disclosure, and retention of the information; and
``(III) any measures necessary to ensure that the information is accessed only by an individual that is authorized to access the information.
``(11) Ensuring that any recommendation made under any of paragraphs (7) through (10) provides for an exemption for applicability to a State, with respect to a project or class of projects--
``(A) to the extent that a State notifies the Secretary in writing that safety is not expected to be adversely affected by nonapplication of the recommendation to the project or class of projects; or
``(B) in any case in which the State has in effect a law that prohibits a project or class of projects (including a device or activity to be installed or carried out under such a project).''.
On page 143, after the matter following line 25, add the following:
SEC. 14__. PRESIDENTIAL COMMISSION ON ALCOHOL-IMPAIRED
DRIVING.
(a) Findings.--Congress finds that--
(1) there has been considerable progress over the past 25 years in reducing the number and rate of alcohol-related highway fatalities;
(2) the National Highway Traffic Safety Administration projects that fatalities in alcohol-related crashes declined in 2004 for the second year in a row;
(3) in spite of this progress, an estimated 16,654 Americans died in 2004, in alcohol-related crashes;
(4) these fatalities comprise 39 percent of the annual total of highway fatalities;
(5) about 250,000 are injured each year in alcohol-related crashes;
(6) the past 2 years of decreasing alcohol-related fatalities follows a 3-year increase;
(7) drunk driving is the Nation's most frequently committed violent crime;
(8) the annual cost of alcohol-related crashes is over
$100,000,000,000, including $9,000,000,000 in costs to employers;
(9) a Presidential Commission on Drunk Driving in 1982 and 1983 helped to lead to substantial progress on this issue; and
(10) these facts point to the need to renew the national commitment to preventing these deaths and injuries.
(b) Sense of the Senate.--It is the sense of the Senate that, in an effort to further change the culture of alcohol impaired driving on our Nation's highways, the President should consider establishing a Presidential Commission on Alcohol-Impaired Driving--
(1) comprised of--
(A) representatives of State and local governments, including state legislators;
(B) law enforcement;
(C) traffic safety experts, including researchers;
(D) victims of alcohol-related crashes;
(E) affected industries, including the alcohol, insurance, and auto industries;
(F) the business community;
(G) labor;
(H) the medical community;
(I) public health; and
(J) Members of Congress; and
(2) that not later than September 30, 2006, would--
(A) conduct a full examination of alcohol-impaired driving issues; and
(B) make recommendations for a broad range of policy and program changes that would serve to further reduce the level of deaths and injuries caused by drunk driving.
SEC. 14__. SENSE OF THE SENATE IN SUPPORT OF INCREASED PUBLIC
AWARENESS OF BLOOD ALCOHOL CONCENTRATION LEVELS
AND THE DANGERS OF DRINKING AND DRIVING.
(a) Findings.--The Senate finds that--
(1) in 2003--
(A) 17,013 Americans died in alcohol-related traffic crashes;
(B) 40 percent of the persons killed in traffic crashes died in alcohol-related crashes; and
(C) drivers with blood alcohol concentration levels over 0.15 were involved in 58 percent of alcohol-related traffic fatalities;
(2) research shows that 77 percent of Americans think they have received enough information about drinking and driving and the way in which alcohol affects individual blood alcohol concentration levels; and
(3) only 28 percent of the American public can correctly identify the legal limit of blood alcohol concentration of the State in which they reside.
(b) Sense of the Senate.--It is the sense of the Senate that the National Highway Traffic Safety Administration should work with State and local governments and independent organizations to increase public awareness of--
(1) State legal limits on blood alcohol concentration levels; and
(2) the dangers of drinking and driving.
SEC. 14__. GRANT PROGRAM FOR COMMERCIAL DRIVER TRAINING.
(a) Establishment.--The Secretary of Transportation shall establish a program for making grants to commercial driver training schools and programs for the purpose of providing financial assistance to entry level drivers of commercial vehicles (as defined in section 31301 of title 49, United States Code).
(b) Federal Share.--The Federal share of the cost for which a grant is made under this section shall be 80 percent.
(c) Funding.--There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for the purpose of carrying out this section $5,000,000 for each of the fiscal years 2006 through 2009.
On page 296, strike lines 13 through 18 and insert the following:
SEC. 1621. FEDERAL PROCUREMENT OF RECYCLED COOLANT.
On page 297, between lines 9 and 10, insert the following:
SEC. 1622. CONSERVE BY BICYCLING PROGRAM.
(a) Definitions.--In this section:
(1) Program.--The term ``program'' means the Conserve by Bicycling Program established by subsection (b).
(2) Secretary.--The term ``Secretary'' means the Secretary of Transportation.
(b) Establishment.--There is established within the Department of Transportation a program to be known as the
``Conserve by Bicycling Program''.
(c) Projects.--
(1) In general.--In carrying out the program, the Secretary shall establish not more than 10 pilot projects that are--
(A) dispersed geographically throughout the United States; and
(B) designed to conserve energy resources by encouraging the use of bicycles in place of motor vehicles.
(2) Requirements.--A pilot project described in paragraph
(1) shall--
(A) use education and marketing to convert motor vehicle trips to bicycle trips;
(B) document project results and energy savings (in estimated units of energy conserved);
(C) facilitate partnerships among interested parties in at least 2 of the fields of--
(i) transportation;
(ii) law enforcement;
(iii) education;
(iv) public health;
(v) environment; and
(vi) energy;
(D) maximize bicycle facility investments;
(E) demonstrate methods that may be used in other regions of the United States; and
(F) facilitate the continuation of ongoing programs that are sustained by local resources.
(3) Cost sharing.--At least 20 percent of the cost of each pilot project described in paragraph (1) shall be provided from State or local sources.
(d) Energy and Bicycling Research Study.--
(1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall enter into a contract with the National Academy of Sciences for, and the National Academy of Sciences shall conduct and submit to Congress a report on, a study on the feasibility of converting motor vehicle trips to bicycle trips.
(2) Components.--The study shall--
(A) document the results or progress of the pilot projects under subsection (b);
(B) determine the type and duration of motor vehicle trips that people in the United States may feasibly make by bicycle, taking into consideration factors such as--
(i) weather;
(ii) land use and traffic patterns;
(iii) the carrying capacity of bicycles; and
(iv) bicycle infrastructure;
(C) determine any energy savings that would result from the conversion of motor vehicle trips to bicycle trips;
(D) include a cost-benefit analysis of bicycle infrastructure investments; and
(E) include a description of any factors that would encourage more motor vehicle trips to be replaced with bicycle trips.
On page 318, strike lines 13 through 23 and insert the following:
SEC. 1803. REVISION OF REGULATIONS.
Section 112(b)(3) of title 23, United States Code, is amended--
(1) by redesignating subparagraph (D) as subparagraph (E); and
(2) by striking subparagraph (C) and inserting the following:
``(C) Qualified projects.--A qualified project referred to in subparagraph (A) is a project under this chapter
(including intermodal projects) for which the Secretary has approved the use of design-build contracting under criteria specified in regulations promulgated by the Secretary.
``(D) Regulatory process.--Not later than 90 days after the date of enactment of the Safe, Affordable, Flexible, and Efficient Transportation Equity Act of 2005, the Secretary shall promulgate revised regulations under section 1307(c) of the Transportation Equity Act for 21st Century (23 U.S.C. 112 note; 112 Stat. 230) that--
``(i) do not preclude State transportation departments or local transportation agencies from--
``(I) issuing requests for proposals;
``(II) proceeding with awards of design-build contracts; or
``(III) issuing notices to proceed with preliminary design work under design-build contracts; prior to compliance with section 102 of the National Environmental Policy Act of 1969
(42 U.S.C. 4332);
``(ii) require that the State transportation department or local transportation agency receive concurrence from the Secretary before carrying out an activity under clause (i); and
``(iii) preclude the design-build contractor from proceeding with final design or construction of any permanent improvement prior to completion of the process under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).''.
On page 352, line 5, strike ``and''.
On page 352, line 9, strike the period at the end and insert ``; and''.
On page 352, between lines 9 and 10, insert the following:
``(iii) not less than 40 percent of the amount made available under subparagraph (B) for the fiscal year for the seismic retrofit of bridges for multilane, suspension bridges that--
``(I) were open to traffic prior to 1940; and
``(II) are located in high-seismic zones.''.
On page 357, line 5, strike ``and''.
On page 357, line 8, strike the period at the end and insert ``; and''.
On page 357, between lines 8 and 9, insert the following:
``(3) support the planning, development, and construction of high priority corridors identified by section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991
(Public Law 102-240; 105 Stat. 2032).
On page 357, strike lines 12 through 14 and insert the following:
``(c) Eligible Activities.--The Secretary shall make allocations under this program for--
``(1) multistate highway and multimodal planning studies and construction; and
``(2) coordinated planning, development, and construction of high priority corridors identified by section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991
(Public Law 102-240; 105 Stat. 2032).
On page 404, line 11, strike ``and transit''.
On page 410, between lines 7 and 8, insert the following:
SEC. 1830. US-95 PROJECT, LAS VEGAS, NEVADA.
Unless an agreement is reached between the Federal Highway Administration, the State of Nevada, and the Sierra Club, the State of Nevada may continue to completion construction of the project entitled ``US-95 Project in Las Vegas, Nevada'', as approved by the Federal Highway Administration on November 18, 1999, and selected in the record of decision dated January 28, 2000, on June 30, 2005.
On page 418, line 16, before the semicolon, insert ``, including alternative materials used in highway drainage applications''.
Beginning on page 557, strike line 5 and all that follows through page 564, line 13, and insert the following:
TITLE III--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE AND BUDGET
OFFSETS
SEC. 3101. SENSE OF THE SENATE ON OVERALL FEDERAL BUDGET.
It is the sense of the Senate that--
(1) comprehensive statutory budget enforcement measures, the jurisdiction of which lies with the Senate Budget Committee and Senate Governmental Affairs Committee, should--
(A) be enacted this year; and
(B) address all areas of the Federal budget, including discretionary spending, direct spending, and revenues; and
(2) special allocations for transportation should be included in that context.
SEC. 3102. DISCRETIONARY SPENDING CATEGORIES.
(a) Definitions.--
(1) Highway category.--Section 250(c)(4)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(4)(B)) is amended--
(A) by striking ``Transportation Equity Act for the 21st Century'' and inserting ``Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005''; and
(B) by adding at the end the following:
``(v) 69-8158-0-7-401 (Motor Carrier Safety Grants).
``(vi) 69-8159-0-7-401 (Motor Carrier Safety Operations and Programs).''.
(2) Mass transit category.--Section 250(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(4)) is amended by striking subparagraph (C) and inserting the following:
``(C) Mass transit category.--The term `mass transit category' means the following budget accounts, or portions of the accounts, that are subject to the obligation limitations on contract authority provided in the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005 or for which appropriations are provided in accordance with authorizations contained in that Act:
``(i) 69-1120-0-1-401 (Administrative Expenses).
``(ii) 69-1134-0-1-401 (Capital Investment Grants).
``(iii) 69-8191-0-7-401 (Discretionary Grants).
``(iv) 69-1129-0-1-401 (Formula Grants).
``(v) 69-8303-0-7-401 (Formula Grants and Research).
``(vi) 69-1127-0-1-401 (Interstate Transfer Grants--Transit).
``(vii) 69-1125-0-1-401 (Job Access and Reverse Commute).
``(viii) 69-1122-0-1-401 (Miscellaneous Expired Accounts).
``(ix) 69-1139-0-1-401 (Major Capital Investment Grants).
``(x) 69-1121-0-1-401 (Research, Training and Human Resources).
``(xi) 69-8350-0-7-401 (Trust Fund Share of Expenses).
``(xii) 69-1137-0-1-401 (Transit Planning and Research).
``(xiii) 69-1136-0-1-401 (University Transportation Research).
``(xiv) 69-1128-0-1-401 (Washington Metropolitan Area Transit Authority).''.
(b) Highway Funding Revenue Alignment.--Section 251(b)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(1)(B)) is amended--
(1) in clause (i)--
(A) by inserting ``for each of fiscal years 2006 through 2009'' after ``submits the budget'';
(B) by inserting ``the obligation limitation and outlay limit for'' after ``adjustments to''; and
(C) by striking ``provided in clause (ii)(I)(cc).'' and inserting the following: ``follows:
``(I) OMB shall take the actual level of highway receipts for the year before the current year and subtract the sum of the estimated level of highway receipts in clause (iii), plus any amount previously calculated under clauses (i)(II) and
(ii) for that year.
``(II) OMB shall take the current estimate of highway receipts for the current year and subtract the estimated level of highway receipts in clause (iii) for that year.
``(III) OMB shall--
``(aa) take the sum of the amounts calculated under subclauses (I) and (II) and add that amount to the obligation limitation set forth in section 3103 of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005 for the highway category for the budget year, and calculate the outlay change resulting from that change in obligations relative to that amount for the budget year and each outyear using current estimates; and
``(bb) after making the calculation under item (aa), adjust the obligation limitation set forth in section 3103 of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005 for the budget year by adding the amount calculated under subclauses (I) and (II).'';
(2) by striking clause (ii) and inserting the following:
``(ii) When the President submits the supplementary budget estimates for each of fiscal years 2006 through 2009 under section 1106 of title 31, United States Code, OMB's Mid-Session Review shall include adjustments to the obligation limitation and outlay limit for the highway category for the budget year and each outyear as follows:
``(I) OMB shall take the most recent estimate of highway receipts for the current year (based on OMB's Mid-Session Review) and subtract the estimated level of highway receipts in clause (iii) plus any amount previously calculated and included in the President's Budget under clause (i)(II) for that year.
``(II) OMB shall--
``(aa) take the amount calculated under subclause (I) and add that amount to the amount of obligations set forth in section 3103 of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005 for the highway category for the budget year, and calculate the outlay change resulting from that change in obligations relative to that amount for the budget year and each outyear using current estimates; and
``(bb) after making the calculation under item (aa), adjust the amount of obligations set forth in section 3103 of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005 for the budget year by adding the amount calculated under subclause (I).''; and
(3) by adding at the end the following:
``(iii) The estimated level of highway receipts for the purpose of this subparagraph are--
``(I) for fiscal year 2005, $34,163,000,000;
``(II) for fiscal year 2006, $36,972,000,000;
``(III) for fiscal year 2007, $38,241,000,000;
``(IV) for fiscal year 2008, $39,432,000,000; and
``(V) for fiscal year 2009, $40,557,000,000.
``(iv) In this subparagraph, the term ``highway receipts'' means the governmental receipts and interest credited to the highway account of the Highway Trust Fund.''.
(c) Continuation of Separate Spending Categories.--For the purpose of section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)), the discretionary spending limits for the highway category and the mass transit category shall be--
(1) for fiscal year 2005--
(A) $33,657,000,000 for the highway category; and
(B) $6,844,000,000 for the mass transit category;
(2) for fiscal year 2006--
(A) $37,086,000,000 for the highway category; and
(B) $5,989,000,000 for the mass transit category;
(3) for fiscal year 2007--
(A) $40,192,000,000 for the highway category; and
(B) $7,493,000,000 for the mass transit category;
(4) for fiscal year 2008--
(A) $41,831,000,000 for the highway category; and
(B) $8,479,000,000 for the mass transit category; and
(5) for fiscal year 2009--
(A) $42,883,000,000 for the highway category; and
(B) $9,131,000,000 for the mass transit category.
(d) Additional Adjustments.--Section 251(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(1)) is amended--
(1) in subparagraph (C)--
(A) in clause (i), by striking ``fiscal years 2000, 2001, 2002, or 2003,'' and inserting ``each of fiscal years 2006, 2007, 2008, and 2009,''; and
(B) in clause (ii), by striking ``2002 and 2003'' and inserting ``2008 and 2009''; and
(2) in subparagraph (D)--
(A) in clause (i)--
(i) by striking ``1999'' and inserting ``2005'';
(ii) by striking ``2000 through 2003'' and inserting ``2006 through 2009''; and
(iii) by striking ``section 3103 of the Transportation Equity Act for the 21st Century'' and inserting ``section 6102 of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005''; and
(B) in clause (ii), by striking ``2000, 2001, 2002, or 2003'' and inserting ``2006, 2007, 2008, and 2009''.
SEC. 3103. LEVEL OF OBLIGATION LIMITATIONS.
(a) Highway Category.--For the purpose of section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985
(2 U.S.C. 901(b)), the level of obligation limitations for the highway category is--
(1) for fiscal year 2005, $35,154,000,000;
(2) for fiscal year 2006, $40,110,000,000;
(3) for fiscal year 2007, $40,564,000,000;
(4) for fiscal year 2008, $42,544,000,000; and
(5) for fiscal year 2009, $43,281,000,000.
(b) Mass Transit Category.--For the purpose of section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)), the level of obligation limitations for the mass transit category is--
(1) for fiscal year 2005, $7,609,000,000;
(2) for fiscal year 2006, $8,902,000,000;
(3) for fiscal year 2007, $9,367,000,000;
(4) for fiscal year 2008, $10,171,000,000; and
(5) for fiscal year 2009, $10,502,000,000.For the purpose of this subsection, the term ``obligation limitations'' means the sum of budget authority and obligation limitations.
On page 566, strike lines 2 and 3 and insert the following:
``(C) blast furnace slag aggregate;
``(D) silica fume; and
``(E) any other waste material or byprod-
On page 582, after line 25, add the following:
SEC. 5204. VOLUMETRIC EXCISE TAX CREDIT FOR ALTERNATIVE
FUELS.
(a) Imposition of Tax.--
(1) In general.--Section 4081(a)(2)(A) (relating to rates of tax), as amended by section 5611 of this Act, is amended--
(A) by striking ``and'' at the end of clause (ii),
(B) by striking the period at the end of clause (iii), and
(C) by adding at the end the following new clauses:
``(iv) in the case of P Series Fuels, 18.3 cents per gallon,
``(v) in the case of compressed natural gas and hydrogen, 18.3 cents per energy equivalent of a gallon of gasoline, and
``(vi) in the case of liquefied natural gas, any liquid fuel (other than ethanol and methanol) derived from coal
(including peat), and liquid hydrocarbons derived from biomass (as defined in section 29(c)(3)), 24.3 cents per gallon.''.
(2) Treatment of alternative fuel as taxable fuel.--
(A) In general.--Section 4083(a)(1) (defining taxable fuel) is amended--
(i) by striking ``and'' at the end of subparagraph (B),
(ii) by striking the period at the end of subparagraph (C) and inserting ``, and'', and
(iii) by adding at the end the following new subparagraph:
``(D) alternative fuel.''.
(B) Definition.--Section 4083(a) is amended by adding at the end the following new paragraph:
``(4) Alternative fuel.--The term `alternative fuel' means--
``(A) compressed or liquefied natural gas,
``(B) P Series Fuels (as defined by the Secretary of Energy under section 13211(2) of title 42, United States Code,
``(C) hydrogen,
``(D) any liquid fuel (other than ethanol and methanol) derived from coal (including peat), and
``(E) liquid hydrocarbons derived from biomass (as defined in section 29(c)(3)).''.
(3) Conforming amendment.--Section 4041(a), as amended by section 5101 of this Act, is amended by striking paragraphs
(2) and (3) and inserting the following:
``(2) Special motor fuels.--
``(A) In general.--There is hereby imposed a tax on any alternative fuel (other than gas oil or fuel oil) and liquefied petroleum gas--
``(i) sold by any person to an owner, lessee, or other operator of a motor vehicle or motorboat for use as a fuel in such motor vehicle or motorboat, or
``(ii) used by any person as a fuel in a motor vehicle or motorboat unless there was a taxable sale of such fuel under clause (i).
``(B) Exemption for previously taxed fuel.--No tax shall be imposed by this paragraph on the sale or use of any alternative fuel or liquefied petroleum gas if tax was imposed on such alternative fuel or liquefied petroleum gas under section 4081 and the tax thereon was not credited or refunded.
``(C) Rate of tax.--Except as otherwise provided, the rate of the tax imposed by this paragraph shall be the rate of tax specified in clause (iv), (v), or (vi) of section 4081(a)(2)(A) on the alternative fuel which is in effect at the time of such sale or use. In the case of liquefied petroleum gas, the rate of the tax imposed by this paragraph shall be 13.6 cents per gallon (3.2 cents per gallon in the case of any sale or use after September 30, 2011).
``(D) Bus uses.--No tax shall be imposed by this paragraph on any sale for use, or use, described in subparagraph (B) or
(C) of section 6427(b)(2) (relating to school bus and intracity transportation).''.
(b) Credit for Alternative Fuel and Alternative Fuel Mixtures.--
(1) In general.--Section 6426(a) (relating to allowance of credits) is amended by striking ``plus'' at the end of paragraph (1), by striking the period at the end of paragraph
(2) and by adding at the end the following new paragraphs:
``(3) the alternative fuel credit, plus
``(4) the alternative fuel mixture credit.''.
(2) Alternative fuel and alternative fuel mixture credit.--Section 6426 (relating to credit for alcohol fuel and biodiesel mixtures) is amended by redesignating subsections
(d) and (e) as subsections (f) and (g) and by inserting after subsection (c) the following new subsection:
``(d) Alternative Fuel Credit.--
``(1) In general.--For purposes of this section, the alternative fuel credit is the product of 50 cents and the number of gallons of an alternative fuel or gasoline gallon equivalents of a nonliquid alternative fuel sold by the taxpayer for use as a motor fuel in a highway vehicle.
``(2) Alternative fuel.--For purposes of this section, the term `alternative fuel'--
``(A) has the meaning given such term by subparagraphs (A),
(B), (C), and (E) of section 4083(a)(4),
``(B) includes any liquid fuel derived from coal (including peat) through the Fischer-Tropsch process, and
``(C) does not include ethanol, methanol, or biodiesel.
``(3) Gasoline gallon equivalent.--For purposes of this subsection, the term `gasoline gallon equivalent' means, with respect to any nonliquid alternative fuel, the amount of such fuel having a Btu content of 124,800 (higher heating value).
``(4) Termination.--This subsection shall not apply to any sale, use, or removal for any period after September 30, 2009.
``(e) Alternative Fuel Mixture Credit.--
``(1) In general.--For purposes of this section, the alternative fuel mixture credit is the product of 50 cents and the number of gallons of alternative fuel used by the taxpayer in producing any alternative fuel mixture for sale or use in a trade or business of the taxpayer.
``(2) Alternative fuel mixture.--For purposes of this section, the term `alternative fuel mixture' means a mixture of alternative fuel and taxable fuel (as defined in subparagraph (A), (B), or (C) of section 4083(a)(1)) which--
``(A) is sold by the taxpayer producing such mixture to any person for use as fuel in a highway vehicle, or
``(B) is used as a fuel in a highway vehicle by the taxpayer producing such mixture.
``(3) Termination.--This subsection shall not apply to any sale, use, or removal for any period after September 30, 2009.''.
(3) Conforming amendments.--
(A) The section heading for section 6426 is amended by striking ``ALCOHOL FUEL AND BIODIESEL'' and inserting
``CERTAIN ALTERNATIVE FUEL''.
(B) The table of sections for subchapter B of chapter 65 is amended by striking ``alcohol fuel and biodiesel'' in the item relating to section 6426 and inserting ``certain alternative fuel''.
(C) Section 6427(a) is amended by striking ``paragraph (2) or (3) of section 4041(a) or section 4041(c)'' and inserting
``section 4041(a)(2) or 4041(c)''.
(D) Section 6427(e) is amended--
(i) by inserting ``or the alternative fuel mixture credit'' after ``biodiesel mixture credit'' in paragraph (1),
(ii) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively, and by inserting after paragraph
(1) the following new paragraph:
``(2) Alternative fuel.--If any person produces an alternative fuel described in section 6426 in such person's trade or business, the Secretary shall pay (without interest) to such person an amount equal to the alternative fuel credit with respect to such fuel.'',
(iii) by striking ``under paragraph (1) with respect to any mixture'' in paragraph (3) (as redesignated by clause (ii)) and inserting ``under paragraph (1) or (2) with respect to any mixture or alternative fuel'',
(iv) by striking ``and'' at the end of paragraph (4)(A) (as redesignated by clause (ii)),
(v) by striking the period at the end of paragraph (4)(B)
(as so redesignated),
(vi) by adding at the end of paragraph (4) (as so redesignated) the following new subparagraph:
``(C) any alternative fuel or alternative fuel mixture (as defined in section 6426 (d)(2) or (e)(3)) sold or used after September 30, 2009.'', and
(vii) by striking ``or Biodiesel Used To Produce Alcohol Fuel and Biodiesel Mixtures'' in the heading and inserting
``, Biodiesel, or Alternative Fuel''.
(c) Effective Date.--The amendments made by this section shall apply to any sale, use, or removal for any period after September 30, 2006.
On page 583, line 14, insert ``received on or after October 1, 2005, and before October 1, 2011,'' after ``taxes''.
On page 585, strike lines 12 and 13, and insert the following:graphs (1) and (2) and inserting ``trust fund''.
On page 585, line 21, strike ``Sports'' and insert
``Sport''.
On page 628, strike line 23, and insert the following: and inserting ``$155 (in the case of any calendar year after 2009, the dollar amount specified in subparagraph (B) for such year)'', and
On page 630, line 7, insert ``shall propose options for implementing exemptions for classes of vehicles whose nonpropulsive fuel use exceeds 50 percent,'' after
``taxes,''.
On page 631, line 7, insert ``, except that the Secretary shall report and take action under subsection (a)(1) not later than July 1, 2006'' before the period at the end.
Beginning on page 2, line 8, of Modified Amendment No. 670, strike all through page 3, line 9, and insert the following:
``(b) Limitation.--The credit allowed under subsection (a) with respect to any alternative fuel vehicle refueling property shall not exceed--
``(1) $30,000 in the case of a property of a character subject to an allowance for depreciation, and
``(2) $1,000 in any other case.
``(c) Qualified Alternative Fuel Vehicle Refueling Property.--
``(1) In general.--Except as provided in paragraph (2), the term `qualified alternative fuel vehicle refueling property' has the meaning given to such term by section 179A(d), but only with respect to any fuel at least 85 percent of the volume of which consists of ethanol, natural gas, compressed natural gas, liquefied natural gas, and hydrogen.
``(2) Residential property.--In the case of any property installed on property which is used as the principal residence (within the meaning of section 121) of the taxpayer, paragraph (1) of section 179A(d) shall not apply.
On page 635, before line 4, insert the following:
SEC. 5310. DIESEL FUEL TAX EVASION REPORT.
Not later than 360 days after the date of the enactment of this Act, the Commissioner of the Internal Revenue shall report to the Committees on Finance and Environment and Public Works of the Senate and the Committees on Ways and Means and Transportation and Infrastructure of the House of Representatives on the availability of new technologies that can be employed to enhance collections of the excise tax on diesel fuel and the plans of the Internal Revenue Service to employ such technologies.
On page 698, between lines 13 and 14, insert the following:
SEC. 5516. LIMITATION OF EMPLOYER DEDUCTION FOR CERTAIN
ENTERTAINMENT EXPENSES.
(a) In General.--Paragraph (2) of section 274(e) (relating to expenses treated as compensation) is amended to read as follows:
``(2) Expenses treated as compensation.--Expenses for goods, services, and facilities, to the extent that the expenses do not exceed the amount of the expenses which are treated by the taxpayer, with respect to the recipient of the entertainment, amusement, or recreation, as compensation to an employee on the taxpayer's return of tax under this chapter and as wages to such employee for purposes of chapter 24 (relating to withholding of income tax at source on wages).''.
(b) Persons Not Employees.--Paragraph (9) of section 274(e) is amended by striking ``to the extent that the expenses are includible in the gross income'' and inserting ``to the extent that the expenses do not exceed the amount of the expenses which are includible in the gross income''.
(c) Effective Date.--The amendment made by this section shall apply to expenses incurred after the date of the enactment of this Act.
SEC. 5517. INCREASE IN PENALTY FOR BAD CHECKS AND MONEY
ORDERS.
(a) In General.--Section 6657 (relating to bad checks) is amended--
(1) by striking ``$750'' and inserting ``$1,250'', and
(2) by striking ``$15'' and inserting ``$25''.
(b) Effective Date.--The amendments made by this section apply to checks or money orders received after the date of the enactment of this Act.
SEC. 5518. ELIMINATION OF DOUBLE DEDUCTION ON MINING
EXPLORATION AND DEVELOPMENT COSTS UNDER THE
MINIMUM TAX.
(a) In General.--Section 57(a)(1) (relating to depletion) is amended by striking ``for the taxable year)'' and inserting ``for the taxable year and determined without regard to so much of the basis as is attributable to mining exploration and development costs described in section 616 or 617 for which a deduction is allowable for any taxable year under this part).''.
(b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment this Act.
On page 722, line 2, insert ``for use as a fuel'' after
``liquid''.
On page 722, line 5, insert ``for use as a fuel'' after
``liquid''.
On page 722, line 15, insert ``as a Fuel'' after ``Used''.
On page 944, after line 21, add the following:
SEC. 6044. COMMUTER RAIL.
(a) In General.--The Federal Transit Administration shall approve final design for the project authorized under section 3030(c)(1)(A)(xliv) of the Federal Transit Act of 1998 and section 1214(g) of the Transportation Equity Act for the 21st Century (16 U.S.C. 668dd note) in the absence of an access agreement with the owner of the railroad right of way.
(b) Timely Resolution of Issues.--The Secretary shall timely resolve any issues delaying the completion of the project authorized under section 1214(g) of the Transportation Equity Act for the 21st Century (16 U.S.C. 668dd note) and section 3030(c)(1)(A)(xliv) of the Federal Transit Act of 1998.
On page 1021, between lines 5 and 6, insert the following:
SEC. 7130. CERTIFICATION OF VEHICLE EMISSION PERFORMANCE
STANDARDS.
(a) Registration of Motor Carriers.--Section 13902(a)(1) of title 49, United States Code (as amended by section 7117(b)), is amended--
(1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) a requirement that a motor carrier certify that, beginning on January 1, 2007, any vehicle operated by the motor carrier will comply with the heavy duty vehicle and engine emissions performance standards and related regulations established by the Administrator of the Environmental Protection Agency under section 202(a)(3) of the Clean Air Act (42 U.S.C. 7521(a)(3));''.
(b) Study.--Not later than 180 days after the date of enactment of this Act, the Secretary shall make recommendations to Congress on methods of ensuring that trucks built before January 1, 2007, that are operating in the United States comply with any emissions performance standard under the Clean Air Act (42 U.S.C. 7401 et seq.) that was applicable to the truck on the date on which the engine of the truck was manufactured.
On page 1069, after line 10, add the following:
SEC. 7155. SCHOOL BUS ENDORSEMENT KNOWLEDGE TEST REQUIREMENT.
The Secretary shall recognize any driver who passes a test approved by the Federal Motor Carrier Safety Administration as meeting the knowledge test requirement for a school bus endorsement under section 383.123 of title 49, Code of Federal Regulations.
On page 1091, line 17, strike ``$1,000,000,000'' and insert
``$1,000,000''.
On page 1111, line 17, strike ``or'' after the semicolon and insert ``and''.
On page 1224, strike lines 6 through 10 and insert the following:
SEC. 7402. DEFINITIONS; APPLICATION OF PROVISIONS.
(a) Terms Used in This Chapter.--In this chapter, the terms
``carrier'', ``household goods'', ``motor carrier'',
``Secretary'', and ``transportation'' have the meaning given such terms in section 13102 of title 49, United States Code.
(b) ``Household goods motor carrier'' in Part B of Subtitle IV of Title 49.--Section 13102 is amended by redesignating paragraphs (12) through (24) as paragraphs (13) through (25) and by inserting after paragraph (11) the following:
``(12) Household goods motor carrier.--
``(A) In general.--The term `household goods motor carrier' means a motor carrier described in subparagraph (B) that, in the ordinary course of its business of providing transportation of household goods, offers some or all of the following additional services:
``(i) Binding and nonbinding estimates.
``(ii) Inventorying.
``(iii) Protective packing and unpacking of individual items at personal residences.
``(iv) Loading and unloading at personal residences.
``(B) Registration requirement.--A motor carrier is described in this subparagraph if its operations require it to register as a household goods motor carrier under--
``(i) section 13902 of this title; and
``(ii) regulations prescribed by the Secretary consistent with Federal agency determinations and decisions that were in effect on the date of enactment of the Household Goods Mover Oversight Enforcement and Reform Act of 2005.
``(C) Limited service exclusion.--The term `household goods motor carrier' does not include a motor carrier solely because it provides transportation of household goods entirely packed in, and unpacked from, 1 or more containers or trailers by the individual shipper.''.
(c) Application of Certain Provisions of Law.--The provisions of title 49, United States Code, or of this chapter, relating to the transportation of household goods apply only to a household goods motor carrier (as defined in section 13102(12) of title 49, United States Code).
On page 1234, beginning with line 8, strike through line 6 on page 1235 and insert the following:
``(b) Notice and Consent.--
``(1) In general.--The State shall serve written notice to the Secretary or the Board, as the case may be, of any civil action under subsection (a) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action.
``(2) Conditions.--The Secretary or the Board--
``(A) shall review the initiation of the action by the State if--
``(i) the carrier or broker (as such terms are defined in section 13102 of this title) is not registered with the Department of Transportation;
``(ii) the license of a carrier or broker for failure to file proof of required bodily injury or cargo liability insurance is pending, or the license has been revoked for any other reason by the Department of Transportation;
``(iii) the carrier is not rated or has received a conditional or unsatisfactory safety rating by the Department of Transportation; or
``(iv) the carrier or broker has been licensed with the Department of Transportation for less than 5 years; and
``(B) may review if the carrier or broker fails to meet criteria developed by the Secretary that are consistent with this section.
``(3) Congressional notification.--The Secretary shall notify the Senate Committee on Commerce, Science, and Transportation, and the House of Representatives Committee on Transportation and Infrastructure of any criteria developed by the Secretary under paragraph (2)(B).
``(5) 60-day deadline.--The Secretary or the Board shall be considered to have consented to any such action if the Secretary or the Board has taken no action with respect to the notice within 60 calendar days after the date on which the Secretary or the Board received notice under paragraph
(1).
``(c) Authority To Intervene.--
``(1) In general.--Upon receiving the notice required by subsection (b), the Secretary or Board may intervene in such civil action and upon intervening--
``(A) be heard on all matters arising in such civil action;
``(B) file petitions for appeal of a decision in such civil action; and
``(C) be substituted, upon the filing of a motion with the court, for the State as parens patriae in the action.
``(2) Substitution.--If the Secretary or the Board files a motion under paragraph (1)(C), the court shall--
``(A) grant the motion without further hearing or procedure;
``(B) substitute the Secretary or the Board, as appropriate, for the State as plaintiff; and
``(C) if requested by the Secretary or the Board, dismiss the State as a party to the action.
``(d) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this section shall--
``(1) convey a right to initiate or maintain a class action lawsuit in the enforcement of a Federal law or regulation; or
``(2) prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence.
On page 1247, beginning on line 23, strike ``For fiscal years 2006 through 2020,'' and insert ``For fiscal years 2005 through 2019,''.
On page 1249, beginning on line 7, strike ``For a fiscal year after fiscal year 2005,'' and insert ``For fiscal year 2005 and each subsequent fiscal year,''.
On page 1249, beginning on line 24, strike ``for a fiscal year after fiscal year 2005,'' and insert ``for fiscal year 2005 and each subsequent fiscal year,''.
On page 1252, beginning on line 18, strike ``For each fiscal year after fiscal year 2005,'' and insert ``For fiscal year 2005 and each subsequent fiscal year,''.
On page 1281, between lines 2 and 3, insert the following:
SEC. 76__. FEDERAL SCHOOL BUS DRIVER QUALIFICATIONS.
The effective date of section 383.123 of volume 49, Code of Federal Regulations (as in effect on the date of enactment of this Act), shall be September 30, 2006.
Beginning on page 1281, strike line 3 and all that follows through page 1291, line 19.
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