[Congressional Record (Bound Edition), Volume 151 (2005), Part 7]
[Senate]
[Pages 9700-9705]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           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.

[[Page 9701]]

       (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

[[Page 9702]]

       (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;

[[Page 9703]]

       ``(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

[[Page 9704]]

     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)

[[Page 9705]]

     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.

                          ____________________