II 

109TH CONGRESS 

1ST SESSION S. 1868 

To ensure gasoline affordability and security. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 7 (legislative day, OCTOBER 6), 2005 

Mr. SANTORUM introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To ensure gasoline affordability and security. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Gasoline Affordability 

5 and Security Act’’ or the ‘‘GAS Act’’. 

6 TITLE I—CONSUMER 

7 PROTECTION 

8 SEC. 101. PROHIBITION ON GASOLINE PRICE GOUGING. 

9 (a) UNLAWFUL CONDUCT.—During the 30-day pe10 riod beginning on the date on which the President deter11 mines the existence of conditions warranting the draw12 down and sale of petroleum products from the Strategic 
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1 Petroleum Reserve under subsection (d) or (h) of section 

2 161 of the Energy Policy and Conservation Act (42 U.S.C. 

3 6241), it shall be an unfair or deceptive act or practice 

4 in violation of section 5(a)(1) of the Federal Trade Com5 mission Act (15 U.S.C. 45(a)(1)) for any person to sell 

6 gasoline or diesel fuel at a price which constitutes price 

7 gouging as defined by rule pursuant to subsection (b). 

8 (b) ENFORCEMENT.—A violation of subsection (a) 

9 shall be treated as a violation of a rule defining an unfair 

10 or deceptive act or practice prescribed under section 

11 18(a)(1)(B) of the Federal Trade Commission Act (15 

12 U.S.C. 57a(a)(1)(B)) and shall be enforced by the Federal 

13 Trade Commission in accordance with all applicable terms 

14 and provisions of the Federal Trade Commission Act. 

15 (c) PENALTIES.—Any person who violates subsection 

16 (a), or the rules promulgated pursuant to this section, 

17 shall be subject to a civil penalty in an amount not to 

18 exceed $11,000 per day in which a violation occurs. 

19 (d) RULEMAKING.—Not later than 90 days after the 

20 date of enactment of this Act, the Federal Trade Commis21 sion shall promulgate rules, in accordance with section 

22 5(n) of the Federal Trade Commission Act (15 U.S.C. 

23 45(n)), that— 

24 (1) define ‘‘price gouging’’ for purposes of this 

25 section; and 
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1 (2) carry out this section. 

2 SEC. 102. COMPETITIVE PRICING TASK FORCE. 

3 (a) ESTABLISHMENT.—Not later than 30 days after 

4 the date of enactment of this Act, the Federal Trade Com5 mission shall establish a Competitive Pricing Task Force 

6 (referred to in this section as the ‘‘Task Force’’. 

7 (b) DUTIES.—The Task Force shall provide each 

8 State attorney general who requests assistance from the 

9 Task Force— 

10 (1) with assistance in the investigation of al11 leged price gouging affecting the consumers of the 

12 State; and 

13 (2) such additional technical assistance as may 

14 be necessary in studying and drafting State laws to 

15 prohibit price gouging. 

16 (c) DURATION.—The Task Force shall carry out the 

17 duties described in subsection (b) during the 2-year period 

18 beginning on the date on which the Task Force is estab19 lished under subsection (a). 

20 SEC. 103. CONSUMER INFORMATION. 

21 (a) LIST.—The Federal Trade Commission shall pub22 lish a list on its Web site containing the names of all per23 sons penalized under section 101. 

24 (b) INFORMATION ABOUT GASOLINE PRICES.—The 

25 Energy Information Administration of the Department of 
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1 Energy shall disseminate to all persons selling gasoline or 

2 diesel fuel to retail consumers, in a manner suitable for 

3 posting, information contained in the table on the Admin4 istration’s Web site entitled, ‘‘WHAT WE PAY FOR IN 

5 A GALLON OF REGULAR GASOLINE’’, to inform 

6 such consumers of the factors contributing to the price 

7 of gasoline. 

8 SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated such sums 

10 as may be necessary to carry out this title. 

11 TITLE II—INCREASING SUPPLY 

12 SEC. 201. FUEL DIVERSIFICATION. 

13 Section 402 of the Energy Policy Act of 2005 (42 

14 U.S.C. 15962) is amended— 

15 (1) in subsection (b)(1)(A)— 

16 (A) in clause (iv), by striking ‘‘and’’ at the 

17 end; 

18 (B) by redesignating clause (v) as clause 

19 (vi); and 

20 (C) by inserting after clause (iv) the fol21 lowing: 

22 ‘‘(v) a Fischer-Tropsch technology 

23 project to produce ultra-low sulfur liquid 

24 transportation fuel; and’’; and 

25 (2) by adding at the end the following: 
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1 ‘‘(j) ENERGY POLICY PRIORITY.— 

2 ‘‘(1) ESTABLISHMENT.—Not later than 90 days 

3 after the date on which the Secretary provides funds 

4 for a Fischer-Tropsch technology project to produce 

5 ultra-low sulfur liquid transportation fuel under sub6 section (b)(1)(A)(v), the Secretary shall establish as 

7 an energy policy priority the expedited, large-scale 

8 commercialization of that technology to promote the 

9 supply of affordable, clean, domestic gasoline and 

10 diesel fuel. 

11 ‘‘(2) SUBSEQUENT PROJECTS.— 

12 ‘‘(A) IN GENERAL.—In accordance with 

13 the energy policy priority established under 

14 paragraph (1), the Secretary shall provide 

15 funds for a subsequent Fischer-Tropsch tech16 nology project to produce ultra-low sulfur liquid 

17 transportation fuel as soon as practicable after 

18 the date on which the priority is established. 

19 ‘‘(B) CRITERIA FOR SELECTION.—In car20 rying out subparagraph (A), the Secretary shall 

21 select the private sector recipient that is the 

22 most capable of designing and constructing a 

23 Fischer-Tropsch technology project with an out24 put of not less than 50,000 barrels per day of 
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1 ultra-low sulfur transportation fuel, as deter2 mined by the Secretary.’’. 

3 SEC. 202. FUEL TREATMENT. 

4 Not later than 60 days after the date of enactment 

5 of this Act, the Administrator of the Environmental Pro6 tection Agency shall conduct an expedited review of any 

7 fuel additive an application for verification for which has 

8 been filed in accordance with the voluntary diesel retrofit 

9 program. 

10 TITLE III—DECREASING 

11 DEMAND 

12 SEC. 301. CREDIT FOR TELEWORKING. 

13 (a) IN GENERAL.—Subpart B of part IV of sub14 chapter A of chapter 1 of the Internal Revenue Code of 

15 1986 (relating to foreign tax credit, etc.) is amended by 

16 adding at the end the following new section: 

17 ‘‘SEC. 30D. TELEWORKING CREDIT. 

18 ‘‘(a) ALLOWANCE OF CREDIT.—In the case of an eli19 gible taxpayer, there shall be allowed as a credit against 

20 the tax imposed by this chapter for the taxable year an 

21 amount equal to the qualified teleworking expenses paid 

22 or incurred by the taxpayer during such year. 

23 ‘‘(b) MAXIMUM CREDIT.— 

24 ‘‘(1) PER TELEWORKER LIMITATION.—The 

25 credit allowed by subsection (a) for a taxable year 
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1 with respect to qualified teleworking expenses paid 

2 or incurred by or on behalf of an individual tele3 worker shall not exceed— 

4 ‘‘(A) in the case of an eligible taxpayer de5 scribed in subsection (c)(1)(A), $1,000, and 

6 ‘‘(B) in the case of an eligible taxpayer de7 scribed in subsection (c)(1)(B), $2,000. 

8 ‘‘(2) REDUCTION FOR TELEWORKING LESS

9 THAN FULL YEAR.—In the case of an individual who 

10 is in a teleworking arrangement for less than a full 

11 taxable year, the dollar amount referred to subpara12 graph (A) or (B) of paragraph (1) shall be reduced 

13 by an amount which bears the same ratio to such 

14 dollar amount as the number of months in which 

15 such individual is not in a teleworking arrangement 

16 bears to 12. For purposes of the preceding sentence, 

17 an individual shall be treated as being in a tele18 working arrangement for a month if the individual 

19 is subject to such arrangement for any day of such 

20 month. 

21 ‘‘(c) DEFINITIONS.—For purposes of this section— 

22 ‘‘(1) ELIGIBLE TAXPAYER.—The term ‘eligible 

23 taxpayer’ means— 
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1 ‘‘(A) in the case of an individual, an indi2 vidual who performs services for an employer 

3 under a teleworking arrangement, and 

4 ‘‘(B) in the case of an employer, an em5 ployer for whom employees perform services 

6 under a teleworking arrangement. 

7 ‘‘(2) TELEWORKING ARRANGEMENT.—The term 

8 ‘teleworking arrangement’ means an arrangement 

9 under which an employee teleworks for an employer 

10 not less than 75 days per year. 

11 ‘‘(3) QUALIFIED TELEWORKING EXPENSES.— 

12 The term ‘qualified teleworking expenses’ means ex13 penses paid or incurred under a teleworking ar14 rangement for furnishings and electronic information 

15 equipment which are used to enable an individual to 

16 telework. 

17 ‘‘(4) TELEWORK.—The term ‘telework’ means 

18 to perform work functions, using electronic informa19 tion and communication technologies, thereby reduc20 ing or eliminating the physical commute to and from 

21 the traditional work site. 

22 ‘‘(d) LIMITATION BASED ON AMOUNT OF TAX.— 

23 ‘‘(1) LIABILITY FOR TAX.—The credit allowable 

24 under subsection (a) for any taxable year shall not 

25 exceed the excess (if any) of— 
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1 ‘‘(A) the regular tax for the taxable year, 

2 reduced by the sum of the credits allowable 

3 under subpart A and the preceding sections of 

4 this subpart, over 

5 ‘‘(B) the tentative minimum tax for the 

6 taxable year. 

7 ‘‘(2) CARRYFORWARD OF UNUSED CREDIT.—If 

8 the amount of the credit allowable under subsection 

9 (a) for any taxable year exceeds the limitation under 

10 paragraph (1) for the taxable year, the excess shall 

11 be carried to the succeeding taxable year and added 

12 to the amount allowable as a credit under subsection 

13 (a) for such succeeding taxable year. 

14 ‘‘(e) SPECIAL RULES.— 

15 ‘‘(1) BASIS REDUCTION.—The basis of any 

16 property for which a credit is allowable under sub17 section (a) shall be reduced by the amount of such 

18 credit (determined without regard to subsection (d)). 

19 ‘‘(2) RECAPTURE.—The Secretary shall, by reg20 ulations, provide for recapturing the benefit of any 

21 credit allowable under subsection (a) with respect to 

22 any property which ceases to be property eligible for 

23 such credit. 

24 ‘‘(3) PROPERTY USED OUTSIDE UNITED STATES

25 NOT QUALIFIED.—No credit shall be allowed under 
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1 subsection (a) with respect to any property referred 

2 to in section 50(b)(1) or with respect to the portion 

3 of the cost of any property taken into account under 

4 section 179. 

5 ‘‘(4) ELECTION TO NOT TAKE CREDIT.—No 

6 credit shall be allowed under subsection (a) for any 

7 expense if the taxpayer elects to not have this sec8 tion apply with respect to such expense. 

9 ‘‘(5) DENIAL OF DOUBLE BENEFIT.—No deduc10 tion or credit (other than under this section) shall 

11 be allowed under this chapter with respect to any ex12 pense which is taken into account in determining the 

13 credit under this section.’’. 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) Subsection (a) of section 1016 of the Inter16 nal Revenue Code of 1986 is amended by striking 

17 ‘‘and’’ at the end of paragraph (36), by striking the 

18 period at the end of paragraph (37) and inserting ‘‘, 

19 and’’, and by adding at the end the following new 

20 paragraph: 

21 ‘‘(38) to the extent provided in section 

22 30D(e)(1), in the case of amounts with respect to 

23 which a credit has been allowed under section 

24 30D.’’. 
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1 (2) Section 55(c)(3) of such Code is amended 

2 by inserting ‘‘30D(d),’’ after ‘‘30(b)(3),’’. 

3 (3) Section 6501(m) of such Code is amended 

4 by inserting ‘‘30D(e)(4),’’ after ‘‘30C(e)(5),’’. 

5 (c) CLERICAL AMENDMENT.—The table of sections 

6 for subpart B of part IV of subchapter A of chapter 1 

7 of the Internal Revenue Code of 1986 is amended by add8 ing at the end the following new item: 

‘‘Sec. 30D. Teleworking credit.’’. 

9 (d) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply to amounts paid or incurred after 

11 the date of the enactment of this Act, in taxable years 

12 ending after such date. 

13 SEC. 302. EMPLOYER-PROVIDED COMPUTER EQUIPMENT 

14 TREATED AS FRINGE BENEFIT. 

15 (a) IN GENERAL.—Subsection (a) of section 132 of 

16 the Internal Revenue Code of 1986 is amended by striking 

17 ‘‘or’’ at the end of paragraph (7), by striking the period 

18 at the end of paragraph (8) and inserting ‘‘, or’’, and by 

19 adding at the end the following new paragraph: 

20 ‘‘(9) qualified employer-provided computer 

21 equipment fringe.’’. 

22 (b) QUALIFIED EMPLOYER-PROVIDED COMPUTER

23 EQUIPMENT FRINGE.—Section 132 of such Code is 

24 amended by redesignating subsection (o) as subsection (p) 
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1 and by inserting after subsection (n) the following new 

2 subsection: 

3 ‘‘(o) QUALIFIED EMPLOYER-PROVIDED COMPUTER

4 EQUIPMENT FRINGE.—For purposes of this section— 

5 ‘‘(1) IN GENERAL.—The term ‘qualified em6 ployer-provided computer equipment fringe’ means 

7 any computer and related equipment and services 

8 provided to an employee by an employer if— 

9 ‘‘(A) such computer and related equipment 

10 and services are necessary for the employee to 

11 perform work for the employer from the em12 ployee’s home, and 

13 ‘‘(B) the employee makes substantial busi14 ness use of the equipment in the performance 

15 of work for the employer. 

16 ‘‘(2) SUBSTANTIAL USE.—For purposes of 

17 paragraph (1), the term ‘substantial business use’ 

18 includes standby use for periods when work from 

19 home may be required by the employer such as dur20 ing work closures caused by the threat of terrorism, 

21 inclement weather, or natural disasters.’’. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply to taxable years beginning after 

24 December 31, 2005. 
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1 SEC. 303. SENSE OF CONGRESS. 

2 It is the sense of Congress that Congress and the em3 ployees of the legislative branch of the Federal Govern4 ment should— 

5 (1) conserve gasoline, aviation, and diesel fuel 

6 by whatever means practicable; and 

7 (2) as a part of such conservation efforts, pro8 mote teleworking. 

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