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(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 Def-
icit Control Act of 1985 (2 U.S.C. 901(b)), the level of obli-
gation limitations for the mass transit category is—
(1) for fiscal year 2005, $7,646,336,000;
(2) for fiscal year 2006, $8,900,000,000;
(3) for fiscal year 2007, $9,267,464,000;
(4) for fiscal year 2008, $10,050,700,000; and
(5) for fiscal year 2009, $10,685,500,000.
TITLE IV—SOLID WASTE
DISPOSAL
SEC. 4001. INCREASED USE OF RECOVERED MINERAL COM-
PONENT IN FEDERALLY FUNDED PROJECTS
INVOLVING PROCUREMENT OF CEMENT OR
CONCRETE.
(a) IN GENERAL.—Subtitle F of the Solid Waste Dis-
posal Act (42 U.S.C. 6961 et seq.) is amended by adding
at the end the following:
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‘‘SEC. 6005. INCREASED USE OF RECOVERED MINERAL COM-
PONENT IN FEDERALLY FUNDED PROJECTS
INVOLVING PROCUREMENT OF CEMENT OR
CONCRETE.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) AGENCY
HEAD.—The term ‘agency head’
means—
‘‘(A) the Secretary of Transportation; and
‘‘(B) the head of each other Federal agency
that on a regular basis procures, or provides
Federal funds to pay or assist in paying the cost
of procuring, material for cement or concrete
projects.
‘‘(2) CEMENT
OR
CONCRETE
PROJECT.—The
term ‘cement or concrete project’ means a project for
the construction or maintenance of a highway or
other transportation facility or a Federal, State, or
local government building or other public facility
that—
‘‘(A) involves the procurement of cement or
concrete; and
‘‘(B) is carried out in whole or in part
using Federal funds.
‘‘(3) RECOVERED
MINERAL
COMPONENT.—The
term ‘recovered mineral component’ means—
‘‘(A) ground granulated blast furnace slag;
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‘‘(B) coal combustion fly ash;
‘‘(C) blast furnace slag aggregate;
‘‘(D) silica fume; and
‘‘(E) any other waste material or byproduct
recovered or diverted from solid waste that the
Administrator, in consultation with an agency
head, determines should be treated as recovered
mineral component under this section for use in
cement or concrete projects paid for, in whole or
in part, by the agency head.
‘‘(b) IMPLEMENTATION OF REQUIREMENTS.—
‘‘(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this section, the Adminis-
trator and each agency head shall take such actions
as are necessary to implement fully all procurement
requirements and incentives in effect as of the date of
enactment of this section (including guidelines under
section 6002) that provide for the use of cement and
concrete incorporating recovered mineral component
in cement or concrete projects.
‘‘(2) PRIORITY.—In carrying out paragraph (1)
an agency head shall give priority to achieving great-
er use of recovered mineral component in cement or
concrete projects for which recovered mineral compo-
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nents historically have not been used or have been
used only minimally.
‘‘(3) CONFORMANCE.—The Administrator and
each agency head shall carry out this subsection in
accordance with section 6002.
‘‘(c) FULL IMPLEMENTATION STUDY.—
‘‘(1) IN GENERAL.—The Administrator, in co-
operation with the Secretary of Transportation and
the Secretary of Energy, shall conduct a study to de-
termine the extent to which current procurement re-
quirements, when fully implemented in accordance
with subsection (b), may realize energy savings and
environmental benefits attainable with substitution of
recovered mineral component in cement used in ce-
ment or concrete projects.
‘‘(2) MATTERS TO BE ADDRESSED.—The study
shall—
‘‘(A) quantify the extent to which recovered
mineral components are being substituted for
Portland cement, particularly as a result of cur-
rent procurement requirements, and the energy
savings and environmental benefits associated
with that substitution;
‘‘(B) identify all barriers in procurement
requirements to greater realization of energy sav-
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ings and environmental benefits, including bar-
riers resulting from exceptions from current law;
and
‘‘(C)(i) identify potential mechanisms to
achieve greater substitution of recovered mineral
component in types of cement or concrete projects
for which recovered mineral components histori-
cally have not been used or have been used only
minimally;
‘‘(ii) evaluate the feasibility of establishing
guidelines or standards for optimized substi-
tution rates of recovered mineral component in
those cement or concrete projects; and
‘‘(iii) identify any potential environmental
or economic effects that may result from greater
substitution of recovered mineral component in
those cement or concrete projects.
‘‘(3) REPORT.—Not later than 30 months after
the date of enactment of this section, the Adminis-
trator shall submit to Congress a report on the study.
‘‘(d) ADDITIONAL PROCUREMENT REQUIREMENTS.—
Unless the study conducted under subsection (c) identifies
any effects or other problems described in subsection
(c)(2)(C)(iii) that warrant further review or delay, the Ad-
ministrator and each agency head shall, not later than 1
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year after the release of the report in accordance with sub-
section (c)(3), take additional actions authorized under this
Act to establish procurement requirements and incentives
that provide for the use of cement and concrete with in-
creased substitution of recovered mineral component in the
construction and maintenance of cement or concrete
projects, so as to—
‘‘(1) realize more fully the energy savings and
environmental benefits associated with increased sub-
stitution; and
‘‘(2) eliminate barriers identified under sub-
section (c).
‘‘(e) EFFECT OF SECTION.—Nothing in this section af-
fects the requirements of section 6002 (including the guide-
lines and specifications for implementing those require-
ments).’’.
(b) TABLE OF CONTENTS AMENDMENT.—The table of
contents in section 1001 of the Solid Waste Disposal Act
(42 U.S.C. prec. 6901) is amended by adding after the item
relating to section 6004 the following:
‘‘Sec. 6005. Increased use of recovered mineral component in federally funded
projects involving procurement of cement or concrete.’’.
SEC. 4002. USE OF GRANULAR MINE TAILINGS.
(a) IN GENERAL.—Subtitle F of the Solid Waste Dis-
posal Act (42 U.S.C. 6961 et seq.) (as amended by section
4001(a)) is amended by adding at the end the following: