[Congressional Record Volume 151, Number 130 (Friday, October 7, 2005)]
[Senate]
[Pages S11324-S11326]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SANTORUM:
  S. 1868. A bill to ensure gasoline affordability and security; to the 
Committee on Finance.
  Mr. SANTORUM. Mr. President, I rise today to introduce the Gasoline 
Affordability and Security, GAS, Act. With the average price of 
gasoline at $2.86 a gallon in Pennsylvania and the national average 
even higher, conditions are ripe for Congress to critically examine why 
prices are rising and act to address those factors we can control. 
While we have little influence over OPEC, events in oil-exporting 
countries or growing demand in other nations, we can take steps to 
expand our shrunken refining capacity, diversify our transportation 
fuel supply and reduce demand.
  Though critical for our Nation's energy security, the benefits of 
many Federal policies will take some time to realize. For this reason, 
my bill combines consumer protection provisions with proposals 
incentivizing innovative technology and conservation.
  Consumers are understandably concerned that they are being taken 
advantage of at the pump. My bill will protect consumers by 
distinguishing retailers engaging in predatory business activities from 
those simply responding to market conditions beyond their control. 
Under my proposal, the Federal Trade Commission, FTC, is directed to 
define ``price gouging'' and set rules that they will have the 
authority to enforce. This provision would be effective in times of a 
declared energy emergency and would not be limited to a specific 
geographic area in which a major disaster occurs. My constituents can 
vigorously attest to the fact that the effects of a natural disaster on 
gasoline prices are not confined to that region. The damage caused by 
Hurricanes Katrina and Rita has affected consumers' pocketbooks 
nationwide.
  And to better inform consumers, the FTC will be required to make 
available a list disclosing the name of any entity penalized under the 
Federal price gouging prohibition.
  Twenty-eight States currently have price gouging laws on the books. 
In an effort to further assist States to tackle this issue, the GAS Act 
also directs the FTC to create a task force that will aid any state 
requesting assistance with the investigation of potential price gouging 
and provide technical assistance in reviewing or establishing state 
price gouging laws.
  High prices are often not the result of price gouging, and consumers 
have a right to know what they're paying for in a gallon of gasoline. 
This information is available through the Energy Information 
Association, EIA. But because many Americans do not have Internet 
access or may not be able to easily extract this data, my bill 
encourages the EIA to disseminate, in a

[[Page S11325]]

manner suitable for posting, information regarding the cost components 
of a gallon of gasoline to individuals selling gas or diesel fuel. 
Retailers may then display this information for their customers.
  One important strategy to combat rising fuel prices is to diversify 
our fuel supply. This can be accomplished through use of coal, a 
resource plentiful in my State of Pennsylvania and in other regions of 
the country. Coal-to-liquid fuel technology now enables us to use this 
resource in an environmentally friendly way that can greatly benefit 
our economy and create hundreds of jobs in Pennsylvania alone. I am 
proud to be a longtime supporter of this technology and other clean 
coal initiatives. In 2001, I was able to secure language to enable a 
Pennsylvania-based coal and energy company to compete for a Clean Coal 
Power Initiative, CCPI, grant, and I was pleased to secure a provision 
in the Energy bill earlier this year that helped make this project a 
reality. My legislation will further encourage the production of this 
clean fuel by dedicating funds from the CCPI to at least one additional 
project.
  Another way all Americans can help reduce fuel prices is to reduce 
gasoline consumption. But the reality is that cutting back on gas, 
which we need to perform responsibilities as basic as going to work and 
getting to the grocery store, is not easy. To help encourage 
conservation, I am proposing a tax credit for employees who telecommute 
from home and for employers who make that possible. With today's 
advanced technology, telework should be a part of the 21st century 
workplace. Forty percent of our Nation's jobs are already compatible 
with telecommuting. It creates the best of all worlds for both 
employers and employees, while reducing gas consumption and emissions.
  President Bush recently called on Federal agencies to cut back on 
unnecessary travel and look for other ways to conserve fuel. The 
legislative branch should make a concerted effort to do the same. We 
cannot expect the American people to make sacrifices that we ourselves 
are not willing to make. Accordingly, my bill includes language to urge 
Congress and legislative branch employees to conserve transportation 
fuel by whatever means practicable, and as a part of these efforts, 
promote teleworking.
  It is my hope that Congress will take a hard look at this country's 
fuel supply and will act decisively to make us less reliant on foreign 
sources. This Act contains steps we can take now to protect consumers 
and conserve fuel, while moving towards our goal of lower prices and 
energy independence.
  I ask unanimous consent that the text of legislation titled: the 
``Gasoline Affordability and Security Act'' be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1868

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Gasoline Affordability and 
     Security Act'' or the ``GAS Act''.

                      TITLE I--CONSUMER PROTECTION

     SEC. 101. PROHIBITION ON GASOLINE PRICE GOUGING.

       (a) Unlawful Conduct.--During the 30-day period beginning 
     on the date on which the President determines the existence 
     of conditions warranting the drawdown and sale of petroleum 
     products from the Strategic Petroleum Reserve under 
     subsection (d) or (h) of section 161 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6241), it shall be an unfair or 
     deceptive act or practice in violation of section 5(a)(1) of 
     the Federal Trade Commission Act (15 U.S.C. 45(a)(1)) for any 
     person to sell gasoline or diesel fuel at a price which 
     constitutes price gouging as defined by rule pursuant to 
     subsection (b).
       (b) Enforcement.--A violation of subsection (a) shall be 
     treated as a violation of a rule defining an unfair or 
     deceptive act or practice prescribed under section 
     18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
     57a(a)(1)(B)) and shall be enforced by the Federal Trade 
     Commission in accordance with all applicable terms and 
     provisions of the Federal Trade Commission Act.
       (c) Penalties.--Any person who violates subsection (a), or 
     the rules promulgated pursuant to this section, shall be 
     subject to a civil penalty in an amount not to exceed $11,000 
     per day in which a violation occurs.
       (d) Rulemaking.--Not later than 90 days after the date of 
     enactment of this Act, the Federal Trade Commission shall 
     promulgate rules, in accordance with section 5(n) of the 
     Federal Trade Commission Act (15 U.S.C. 45(n)), that--
       (1) define ``price gouging'' for purposes of this section; 
     and
       (2) carry out this section.

     SEC. 102. COMPETITIVE PRICING TASK FORCE.

       (a) Establishment.--Not later than 30 days after the date 
     of enactment of this Act, the Federal Trade Commission shall 
     establish a Competitive Pricing Task Force (referred to in 
     this section as the ``Task Force''.
       (b) Duties.--The Task Force shall provide each State 
     attorney general who requests assistance from the Task 
     Force--
       (1) with assistance in the investigation of alleged price 
     gouging affecting the consumers of the State; and
       (2) such additional technical assistance as may be 
     necessary in studying and drafting State laws to prohibit 
     price gouging.
       (c) Duration.--The Task Force shall carry out the duties 
     described in subsection (b) during the 2-year period 
     beginning on the date on which the Task Force is established 
     under subsection (a).

     SEC. 103. CONSUMER INFORMATION.

       (a) List.--The Federal Trade Commission shall publish a 
     list on its Web site containing the names of all persons 
     penalized under section 101.
       (b) Information About Gasoline Prices.--The Energy 
     Information Administration of the Department of Energy shall 
     disseminate to all persons selling gasoline or diesel fuel to 
     retail consumers, in a manner suitable for posting, 
     information contained in the table on the Administration's 
     Web site entitled, ``WHAT WE PAY FOR IN A GALLON OF REGULAR 
     GASOLINE'', to inform such consumers of the factors 
     contributing to the price of gasoline.

     SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this title.

                      TITLE II--INCREASING SUPPLY

     SEC. 201. FUEL DIVERSIFICATION.

       Section 402 of the Energy Policy Act of 2005 (42 U.S.C. 
     15962) is amended--
       (1) in subsection (b)(1)(A)--
       (A) in clause (iv), by striking ``and'' at the end;
       (B) by redesignating clause (v) as clause (vi); and
       (C) by inserting after clause (iv) the following:
       ``(v) a Fischer-Tropsch technology project to produce 
     ultra-low sulfur liquid transportation fuel; and''; and
       (2) by adding at the end the following:
       ``(j) Energy Policy Priority.--
       ``(1) Establishment.--Not later than 90 days after the date 
     on which the Secretary provides funds for a Fischer-Tropsch 
     technology project to produce ultra-low sulfur liquid 
     transportation fuel under subsection (b)(1)(A)(v), the 
     Secretary shall establish as an energy policy priority the 
     expedited, large-scale commercialization of that technology 
     to promote the supply of affordable, clean, domestic gasoline 
     and diesel fuel.
       ``(2) Subsequent projects.--
       ``(A) In general.--In accordance with the energy policy 
     priority established under paragraph (1), the Secretary shall 
     provide funds for a subsequent Fischer-Tropsch technology 
     project to produce ultra-low sulfur liquid transportation 
     fuel as soon as practicable after the date on which the 
     priority is established.
       ``(B) Criteria for selection.--In carrying out subparagraph 
     (A), the Secretary shall select the private sector recipient 
     that is the most capable of designing and constructing a 
     Fischer-Tropsch technology project with an output of not less 
     than 50,000 barrels per day of ultra-low sulfur 
     transportation fuel, as determined by the Secretary.''.

     SEC. 202. FUEL TREATMENT.

       Not later than 60 days after the date of enactment of this 
     Act, the Administrator of the Environmental Protection Agency 
     shall conduct an expedited review of any fuel additive an 
     application for verification for which has been filed in 
     accordance with the voluntary diesel retrofit program.

                      TITLE III--DECREASING DEMAND

     SEC. 301. CREDIT FOR TELEWORKING.

       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     foreign tax credit, etc.) is amended by adding at the end the 
     following new section:

     ``SEC. 30D. TELEWORKING CREDIT.

       ``(a) Allowance of Credit.--In the case of an eligible 
     taxpayer, there shall be allowed as a credit against the tax 
     imposed by this chapter for the taxable year an amount equal 
     to the qualified teleworking expenses paid or incurred by the 
     taxpayer during such year.
       ``(b) Maximum Credit.--
       ``(1) Per teleworker limitation.--The credit allowed by 
     subsection (a) for a taxable year with respect to qualified 
     teleworking expenses paid or incurred by or on behalf of an 
     individual teleworker shall not exceed--
       ``(A) in the case of an eligible taxpayer described in 
     subsection (c)(1)(A), $1,000, and
       ``(B) in the case of an eligible taxpayer described in 
     subsection (c)(1)(B), $2,000.
       ``(2) Reduction for teleworking less than full year.--In 
     the case of an individual who is in a teleworking arrangement 
     for less than a full taxable year, the dollar amount referred 
     to subparagraph (A) or (B) of paragraph (1) shall be reduced 
     by an amount which bears the same ratio to such dollar amount 
     as the number of months in which such individual is not in a 
     teleworking arrangement bears to 12. For purposes of the

[[Page S11326]]

     preceding sentence, an individual shall be treated as being 
     in a teleworking arrangement for a month if the individual is 
     subject to such arrangement for any day of such month.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Eligible taxpayer.--The term `eligible taxpayer' 
     means--
       ``(A) in the case of an individual, an individual who 
     performs services for an employer under a teleworking 
     arrangement, and
       ``(B) in the case of an employer, an employer for whom 
     employees perform services under a teleworking arrangement.
       ``(2) Teleworking arrangement.--The term `teleworking 
     arrangement' means an arrangement under which an employee 
     teleworks for an employer not less than 75 days per year.
       ``(3) Qualified teleworking expenses.--The term `qualified 
     teleworking expenses' means expenses paid or incurred under a 
     teleworking arrangement for furnishings and electronic 
     information equipment which are used to enable an individual 
     to telework.
       ``(4) Telework.--The term `telework' means to perform work 
     functions, using electronic information and communication 
     technologies, thereby reducing or eliminating the physical 
     commute to and from the traditional work site.
       ``(d) Limitation Based on Amount of Tax.--
       ``(1) Liability for tax.--The credit allowable under 
     subsection (a) for any taxable year shall not exceed the 
     excess (if any) of--
       ``(A) the regular tax for the taxable year, reduced by the 
     sum of the credits allowable under subpart A and the 
     preceding sections of this subpart, over
       ``(B) the tentative minimum tax for the taxable year.
       ``(2) Carryforward of unused credit.--If the amount of the 
     credit allowable under subsection (a) for any taxable year 
     exceeds the limitation under paragraph (1) for the taxable 
     year, the excess shall be carried to the succeeding taxable 
     year and added to the amount allowable as a credit under 
     subsection (a) for such succeeding taxable year.
       ``(e) Special Rules.--
       ``(1) Basis reduction.--The basis of any property for which 
     a credit is allowable under subsection (a) shall be reduced 
     by the amount of such credit (determined without regard to 
     subsection (d)).
       ``(2) Recapture.--The Secretary shall, by regulations, 
     provide for recapturing the benefit of any credit allowable 
     under subsection (a) with respect to any property which 
     ceases to be property eligible for such credit.
       ``(3) Property used outside united states not qualified.--
     No credit shall be allowed under subsection (a) with respect 
     to any property referred to in section 50(b)(1) or with 
     respect to the portion of the cost of any property taken into 
     account under section 179.
       ``(4) Election to not take credit.--No credit shall be 
     allowed under subsection (a) for any expense if the taxpayer 
     elects to not have this section apply with respect to such 
     expense.
       ``(5) Denial of double benefit.--No deduction or credit 
     (other than under this section) shall be allowed under this 
     chapter with respect to any expense which is taken into 
     account in determining the credit under this section.''.
       (b) Conforming Amendments.--
       (1) Subsection (a) of section 1016 of the Internal Revenue 
     Code of 1986 is amended by striking ``and'' at the end of 
     paragraph (36), by striking the period at the end of 
     paragraph (37) and inserting ``, and'', and by adding at the 
     end the following new paragraph:
       ``(38) to the extent provided in section 30D(e)(1), in the 
     case of amounts with respect to which a credit has been 
     allowed under section 30D.''.
       (2) Section 55(c)(3) of such Code is amended by inserting 
     ``30D(d),'' after ``30(b)(3),''.
       (3) Section 6501(m) of such Code is amended by inserting 
     ``30D(e)(4),'' after ``30C(e)(5),''.
       (c) Clerical Amendment.--The table of sections for subpart 
     B of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new item:

``Sec. 30D. Teleworking credit.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after the date of the 
     enactment of this Act, in taxable years ending after such 
     date.

     SEC. 302. EMPLOYER-PROVIDED COMPUTER EQUIPMENT TREATED AS 
                   FRINGE BENEFIT.

       (a) In General.--Subsection (a) of section 132 of the 
     Internal Revenue Code of 1986 is amended by striking ``or'' 
     at the end of paragraph (7), by striking the period at the 
     end of paragraph (8) and inserting ``, or'', and by adding at 
     the end the following new paragraph:
       ``(9) qualified employer-provided computer equipment 
     fringe.''.
       (b) Qualified Employer-Provided Computer Equipment 
     Fringe.--Section 132 of such Code is amended by redesignating 
     subsection (o) as subsection (p) and by inserting after 
     subsection (n) the following new subsection:
       ``(o) Qualified Employer-Provided Computer Equipment 
     Fringe.--For purposes of this section--
       ``(1) In general.--The term `qualified employer-provided 
     computer equipment fringe' means any computer and related 
     equipment and services provided to an employee by an employer 
     if--
       ``(A) such computer and related equipment and services are 
     necessary for the employee to perform work for the employer 
     from the employee's home, and
       ``(B) the employee makes substantial business use of the 
     equipment in the performance of work for the employer.
       ``(2) Substantial use.--For purposes of paragraph (1), the 
     term `substantial business use' includes standby use for 
     periods when work from home may be required by the employer 
     such as during work closures caused by the threat of 
     terrorism, inclement weather, or natural disasters.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2005.

     SEC. 303. SENSE OF CONGRESS.

       It is the sense of Congress that Congress and the employees 
     of the legislative branch of the Federal Government should--
       (1) conserve gasoline, aviation, and diesel fuel by 
     whatever means practicable; and
       (2) as a part of such conservation efforts, promote 
     teleworking.

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