To make a technical correction.

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

[[Page S5233]]

``(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

[[Page S5234]]

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

[[Page S5235]]

(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:

[[Page S5236]]

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;

[[Page S5237]]

``(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.

____________________