I 

108TH CONGRESS 

1ST SESSION H. R. 1491

To authorize programs and activities to improve energy use related to 

transportation and infrastructure facilities. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 27, 2003

Mr. OBERSTAR (for himself, Ms. NORTON, Mr. HONDA, Mr. BLUMENAUER, 

Mr. PASCRELL, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. LIPINSKI, 

Mr. NADLER, Mr. HOLDEN, Ms. BERKLEY, Mr. DEFAZIO, Mr. 

HOEFFEL, Ms. MILLENDER-MCDONALD, Mr. MICHAUD, Mr. MATHESON, 

Mr. RAHALL, Mr. DAVIS of Tennessee, Mr. BISHOP of New York, and 

Mr. CAPUANO) introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure, and in addition to the 

Committees on Science, Ways and Means, Resources, International Relations, and Financial Services, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL

To authorize programs and activities to improve energy use 

related to transportation and infrastructure facilities.

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Securing Transportation Energy Efficiency for Tomor6 row Act of 2003’’. 
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1 (b) TABLE OF CONTENTS.—

Sec. 1. Short title. 

Sec. 2. Findings. 

TITLE I—PUBLIC BUILDINGS AND ECONOMIC DEVELOPMENT 

Sec. 101. Use of photovoltaic energy in public buildings. 

Sec. 102. Capitol complex. 

Sec. 103. Grants for brightfield site development. 

TITLE II—SURFACE TRANSPORTATION 

Sec. 201. Highway fuel conservation program. 

Sec. 202. Fuel cell bus technology development and demonstration projects. 

Sec. 203. Conserve by bicycling program. 

Sec. 204. Energy impacts of Federal-aid highway and transit projects. 

Sec. 205. Railroad efficiency. 

TITLE III—AVIATION 

Sec. 301. Clean airport bus pilot program. 

Sec. 302. Clean aircraft engines. 

TITLE IV—WATER RESOURCES 

Sec. 401. Marine efficiency. 

Sec. 402. Improving hydropower capabilities. 

Sec. 403. Encouragement of State and provincial prohibitions on off-shore drilling in the Great Lakes. 

TITLE V—TAX PROVISIONS 

Sec. 501. Extension of transportation fringe benefit to commuters who bicycle, 

carpool, or use car-sharing.

2 SEC. 2. FINDINGS. 

3 Congress finds the following: 

4 (1) As the Nation’s largest energy consumer, 

5 the Federal Government is in a unique position to 

6 promote energy conservation and efficiency, particu7 larly in the transportation sector and in the oper8 ation of Federal buildings. 

9 (2) Each year for the past 2 decades, energy 

10 use in the transportation sector has increased by a 

11 rate of 1.5 percent. 
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1 (3) In 2000, the transportation sector con2 sumed a greater share of the Nation’s petroleum (66 

3 percent) than it did in 1973 (50 percent). 

4 (4) The transportation sector is responsible for 

5 27 percent of all greenhouse gases emitted in the 

6 United States, with transportation-related emissions 

7 of carbon dioxide increasing by nearly 15 percent in 

8 the 1990’s. 

9 (5) Transportation remains a primary source of 

10 emissions for 3 of the 6 air pollutants regulated 

11 under the Clean Air Act: carbon monoxide, nitrogen 

12 oxides, and volatile organic compounds. 

13 (6) As the Federal Government’s largest land14 lord, the General Services Administration should 

15 lead in the promotion and utilization of alternative 

16 and efficient energy sources. 

17 TITLE I—PUBLIC BUILDINGS 

18 AND ECONOMIC DEVELOPMENT 

19 SEC. 101. USE OF PHOTOVOLTAIC ENERGY IN PUBLIC 

20 BUILDINGS. 

21 (a) IN GENERAL.—Subchapter VI of chapter 31 of 

22 title 40, United States Code, is amended by adding at the 

23 end the following:
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1 ‘‘§ 3177. Use of photovoltaic energy in public build2 ings 

3 ‘‘(a) PHOTOVOLTAIC ENERGY COMMERCIALIZATION

4 PROGRAM.—

5 ‘‘(1) IN GENERAL.—The Administrator of Gen6 eral Services may establish a photovoltaic energy 

7 commercialization program for the procurement and 

8 installation of photovoltaic solar electric systems for 

9 electric production in new and existing public build10 ings. 

11 ‘‘(2) PURPOSES.—The purposes of the program 

12 shall be to accomplish the following: 

13 ‘‘(A) To accelerate the growth of a com14 mercially viable photovoltaic industry to make 

15 this energy system available to the general pub16 lic as an option which can reduce the national 

17 consumption of fossil fuel. 

18 ‘‘(B) To reduce the fossil fuel consumption 

19 and costs of the Federal Government. 

20 ‘‘(C) To attain the goal of installing solar 

21 energy systems in 20,000 Federal buildings by 

22 2010, as contained in the Federal Government’s 

23 Million Solar Roof Initiative of 1997. 

24 ‘‘(D) To stimulate the general use within 

25 the Federal Government of life-cycle costing 

26 and innovative procurement methods.
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1 ‘‘(E) To develop program performance 

2 data to support policy decisions on future incen3 tive programs with respect to energy. 

4 ‘‘(3) ACQUISITION OF PHOTOVOLTAIC SOLAR

5 ELECTRIC SYSTEMS.—

6 ‘‘(A) IN GENERAL.—The program shall 

7 provide for the acquisition of photovoltaic solar 

8 electric systems and associated storage capa9 bility for use in public buildings. 

10 ‘‘(B) ACQUISITION LEVELS.—The acquisi11 tion of photovoltaic electric systems shall be at 

12 a level substantial enough to allow use of low13 cost production techniques with at least 150 

14 megawatts (peak) cumulative acquired during 

15 the 5 years of the program. 

16 ‘‘(4) ADMINISTRATION.—The Administrator 

17 shall administer the program and shall—

18 ‘‘(A) prescribe such rules and regulations 

19 as may be appropriate to monitor and assess 

20 the performance and operation of photovoltaic 

21 solar electric systems installed pursuant to this 

22 subsection; 

23 ‘‘(B) develop innovative procurement strat24 egies for the acquisition of such systems; and 
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1 ‘‘(C) transmit to the Committee on Trans2 portation and Infrastructure of the House of 

3 Representatives and to the Committee on Envi4 ronment and Public Works of the Senate an an5 nual report on the results of the program. 

6 ‘‘(b) PHOTOVOLTAIC SYSTEMS EVALUATION PRO7 GRAM.—

8 ‘‘(1) IN GENERAL.—Not later than 60 days 

9 after the date of enactment of this section, the Ad10 ministrator, in consultation with the Secretary of 

11 Energy, shall establish a photovoltaic solar energy 

12 systems evaluation program to evaluate such photo13 voltaic solar energy systems as are required in public 

14 buildings. 

15 ‘‘(2) PROGRAM REQUIREMENT.—In evaluating 

16 photovoltaic solar energy systems under the pro17 gram, the Administrator shall ensure that such sys18 tems reflect the most advanced technology. 

19 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

20 ‘‘(1) PHOTOVOLTAIC ENERGY COMMERCIALIZA21 TION PROGRAM.—There is authorized to be appro22 priated to carry out subsection (a) $210,000,000 for 

23 each of fiscal years 2004 through 2008. Such sums 

24 shall remain available until expended. 
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1 ‘‘(2) PHOTOVOLTAIC SYSTEMS EVALUATION

2 PROGRAM.—There is authorized to be appropriated 

3 to carry out subsection (b) $52,700,000 for each of 

4 fiscal years 2004 through 2008. Such sums shall re5 main available until expended.’’. 

6 (b) CONFORMING AMENDMENT.—The analysis for 

7 such chapter is amended by inserting after the item relat8 ing to section 3176 the following:

‘‘3177. Use of photovoltaic energy in public buildings’’.

9 SEC. 102. CAPITOL COMPLEX. 

10 (a) STUDY ON ENERGY INFRASTRUCTURE.—The Ar11 chitect of the Capitol, building on the Master Plan Study 

12 completed in July 2000, shall conduct a study to evaluate 

13 the energy infrastructure of the Capitol Complex to deter14 mine how the infrastructure could be augmented to be15 come more energy efficient, using photovoltaic solar en16 ergy systems, district-heating, and other unconventional 

17 and renewable energy resources, in a way that would en18 able the Complex to have reliable utility service in the 

19 event of power fluctuations, shortages, or outages. 

20 (b) REPORT.—Not later than 1 year after the date 

21 of enactment of this Act, the Architect of the Capitol shall 

22 transmit to Congress a report containing the results of 

23 the study conducted under subsection (a). 

24 (c) AUTHORIZATION.—There are authorized to be ap25 propriated to the Architect of the Capitol such sums as 
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1 may be necessary to carry out this section. Such sums 

2 shall remain available until expended. 

3 SEC. 103. GRANTS FOR BRIGHTFIELD SITE DEVELOPMENT. 

4 (a) IN GENERAL.—Title II of the Public Works and 

5 Economic Development Act of 1965 (42 U.S.C. 3141 et 

6 seq.) is amended—

7 (1) by redesignating sections 210 through 213 

8 as sections 211 through 214, respectively; and 

9 (2) by inserting after section 209 the following: 

10 ‘‘SEC. 210. GRANTS FOR BRIGHTFIELD SITE DEVELOPMENT. 

11 ‘‘(a) BRIGHTFIELD SITE DEFINED.—In this section, 

12 the term ‘brightfield site’ means a brownfield site (as de13 fined in section 101 of the Comprehensive Environmental 

14 Response, Compensation, and Liability Act of 1980 (42 

15 U.S.C. 9601)) redeveloped through the incorporation of 

16 solar energy technologies. 

17 ‘‘(b) ESTABLISHMENT OF DEMONSTRATION PRO18 GRAM.—The Secretary shall carry out a demonstration 

19 program for the development of brightfield sites. 

20 ‘‘(c) GRANTS.—On the application of an eligible re21 cipient, the Secretary may make grants under the program 

22 for projects for the development of brightfield sites. 

23 ‘‘(d) CRITERIA FOR GRANTS.—The Secretary may 

24 provide a grant for a project under this section if the Sec25 retary determines that the project will—
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1 ‘‘(1) utilize solar energy technologies to develop 

2 abandoned or contaminated sites for commercial use; 

3 and 

4 ‘‘(2) improve the commercial and economic op5 portunities in the area where the project is located. 

6 ‘‘(e) AUTHORIZATION.—There is authorized to be ap7 propriated to carry out this section—

8 ‘‘(1) $20,000,000 for fiscal year 2004; 

9 ‘‘(2) $30,000,000 for fiscal year 2005; 

10 ‘‘(3) $40,000,000 for fiscal year 2006; 

11 ‘‘(4) $50,000,000 for fiscal year 2007; and 

12 ‘‘(5) $60,000,000 for fiscal year 2008. 

13 Such sums shall remain available until expended.’’. 

14 (b) CONFORMING AMENDMENT.—The table of con15 tents in section 1(b) of the Public Works and Economic 

16 Development Act of 1965 (42 U.S.C. prec. 3121) is 

17 amended by striking the items relating to sections 210 

18 through 213 and inserting the following:

‘‘Sec. 210. Grants for brightfield site development. 

‘‘Sec. 211. Changed project circumstances. 

‘‘Sec. 212. Use of funds in projects constructed under projected cost. 

‘‘Sec. 213. Reports by recipients. 

‘‘Sec. 214. Prohibition on use of funds for attorney’s and consultant’s fees.’’.
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1 TITLE II—SURFACE 

2 TRANSPORTATION 

3 SEC. 201. HIGHWAY FUEL CONSERVATION PROGRAM. 

4 (a) IN GENERAL.—Subchapter I of chapter 1 of title 

5 23, United States Code, is amended by adding at the end 

6 the following:

7 ‘‘§ 165. Energy conservation program 

8 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary 

9 shall establish and carry out a program to provide grants 

10 to States and local governments for fuel conservation 

11 projects. 

12 ‘‘(b) ELIGIBLE PROJECTS.—Projects carried out 

13 under the program shall be designed to make operational 

14 improvements to reduce fuel consumption on Federal-aid 

15 highways and other roads. Such projects may include—

16 ‘‘(1) data collection and analysis for improving 

17 traffic signal timing; 

18 ‘‘(2) implementation of improved and coordi19 nated traffic signal timing (including capital costs of 

20 new systems, or system upgrades); 

21 ‘‘(3) planning and implementation of freeway 

22 management systems; and 

23 ‘‘(4) operational improvements with high reduc24 tions in energy consumption. 
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1 ‘‘(c) APPLICATIONS.—To be eligible to receive a grant 

2 under this section, a State or local government shall sub3 mit to the Secretary an application at such time, in such 

4 form, and in accordance with such requirements as the 

5 Secretary shall establish by regulation. 

6 ‘‘(d) FEDERAL SHARE.—The Federal share of the 

7 cost of a project carried out using amounts from a grant 

8 under this section shall be 50 percent. 

9 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

10 is authorized to be appropriated to carry out this section 

11 a total of $200,000,000 for fiscal years 2004 through 

12 2008. Such sums shall remain available until expended.’’. 

13 (b) CONFORMING AMENDMENT.—The analysis for 

14 such chapter is amended by inserting after the item relat15 ing to section 164 the following:

‘‘165. Energy conservation program.’’.

16 SEC. 202. FUEL CELL BUS TECHNOLOGY DEVELOPMENT 

17 AND DEMONSTRATION PROJECTS. 

18 Section 5308 of title 49, United States Code, is 

19 amended by adding at the end the following: 

20 ‘‘(g) FUEL CELL BUS TECHNOLOGY DEVELOPMENT

21 AND DEMONSTRATION PROJECTS.—

22 ‘‘(1) AUTHORITY TO MAKE GRANTS.—The Sec23 retary may make grants under this subsection to not 

24 more than 10 designated recipients for projects for 
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1 the research, development, and demonstration of fuel 

2 cell bus technology. 

3 ‘‘(2) APPLICATIONS.—Not later than January 1 

4 of each year, any designated recipient seeking to 

5 apply for a grant under this subsection shall submit 

6 an application to the Secretary, in such form and in 

7 accordance with such requirements as the Secretary 

8 shall establish by regulation. 

9 ‘‘(3) PREFERENCE.—In selecting grant recipi10 ents under this subsection, the Secretary shall give 

11 preference to those applicants who have an existing 

12 investment in fuel cell buses and hydrogen fuel cell 

13 infrastructure. 

14 ‘‘(4) NONAPPLICABILITY OF REQUIREMENTS.—

15 Except as specifically provided in this subsection, 

16 the requirements for grants made under this section 

17 shall not apply to grants made under this sub18 section. 

19 ‘‘(5) FEDERAL SHARE.—The amount of a grant 

20 made to a designated recipient under this subsection 

21 for a project shall not exceed 80 percent of the total 

22 cost of the project. 

23 ‘‘(6) AVAILABILITY OF FUNDS.—Any amount 

24 made available under this subsection—
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1 ‘‘(A) shall remain available to a project for 

2 1 year after the fiscal year for which the 

3 amount is made available; and 

4 ‘‘(B) that remains unobligated at the end 

5 of the period described in subparagraph (A), 

6 shall be added to the amount made available 

7 under this subsection in the following fiscal 

8 year. 

9 ‘‘(7) DESIGNATED RECIPIENT DEFINED.—The 

10 term ‘designated recipient’ has the same meaning as 

11 in subsection (a). 

12 ‘‘(8) FUNDING.—

13 ‘‘(A) FROM THE TRUST FUND.—There 

14 shall be available from the Mass Transit Ac15 count of the Highway Trust Fund to carry out 

16 this subsection—

17 ‘‘(i) $20,000,000 for fiscal year 2004; 

18 ‘‘(ii) $30,000,000 for fiscal year 2005; 

19 ‘‘(iii) $40,000,000 for fiscal year 

20 2006; 

21 ‘‘(iv) $50,000,000 for fiscal year 

22 2007; and 

23 ‘‘(v) $60,000,000 for fiscal year 2008. 

24 ‘‘(B) FROM THE GENERAL FUND.—In ad25 dition to amounts made available under sub-
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1 paragraph (A), there is authorized to be appro2 priated to carry out this subsection—

3 ‘‘(i) $10,000,000 for fiscal year 2004; 

4 ‘‘(ii) $15,000,000 for fiscal year 2005; 

5 ‘‘(iii) $20,000,000 for fiscal year 

6 2006; 

7 ‘‘(iv) $25,000,000 for fiscal year 

8 2007; and 

9 ‘‘(v) $30,000,000 for fiscal year 2008. 

10 ‘‘(C) CONTRACT AUTHORITY.—

11 ‘‘(i) GRANTS FINANCED FROM THE

12 HIGHWAY TRUST FUND.—A grant ap13 proved by the Secretary that is financed 

14 with amounts made available under sub15 paragraph (A) is a contractual obligation 

16 of the United States Government to pay 

17 the Government’s share of the cost of the 

18 project. 

19 ‘‘(ii) GRANTS FINANCED FROM GEN20 ERAL FUNDS.—A grant approved by the 

21 Secretary that is financed with amounts 

22 made available under subparagraph (B) is 

23 a contractual obligation of the Government 

24 to pay the Government’s share of the cost 

25 of the project only to the extent that
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1 amounts are provided in advance in an ap2 propriations Act.’’. 

3 SEC. 203. CONSERVE BY BICYCLING PROGRAM. 

4 (a) ESTABLISHMENT.—The Secretary of Transpor5 tation shall establish a Conserve By Bicycling pilot pro6 gram that shall provide for up to 10 geographically dis7 persed projects to encourage the use of bicycles in place 

8 of motor vehicles. 

9 (b) PROJECTS.—Projects carried out under this sec10 tion shall—

11 (1) use education and marketing to convert 

12 motor vehicle trips to bike trips; 

13 (2) establish infrastructure facilities necessary 

14 to support the conversion to bike trips; 

15 (3) document project results and energy sav16 ings; and 

17 (4) facilitate partnerships among entities in the 

18 fields of transportation, law enforcement, education, 

19 public health, environment, or energy. 

20 (c) FEDERAL SHARE.—The Federal share of the cost 

21 of a project carried out under this section shall not exceed 

22 80 percent. 

23 (d) REPORT.—Not later than 2 years after implemen24 tation of the projects under this section, the Secretary 
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1 shall transmit to Congress a report on the results of the 

2 pilot program. 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $10,000,000. Such sums shall remain available until ex6 pended. 

7 SEC. 204. ENERGY IMPACTS OF FEDERAL-AID HIGHWAY 

8 AND TRANSIT PROJECTS. 

9 Section 109 of title 23, United States Code, is 

10 amended by adding at the end the following: 

11 ‘‘(r) CONSIDERATION OF ENERGY IMPACTS.—Envi12 ronmental impact statements prepared for Federal-aid 

13 highway and transit projects shall consider energy impacts 

14 as an environmental consequence of the project. Energy 

15 impacts shall be quantified and comparisons made be16 tween alternatives. The cost of annual energy consumption 

17 shall be determined for each alternative considered in the 

18 environmental impact statement.’’. 

19 SEC. 205. RAILROAD EFFICIENCY. 

20 (a) ESTABLISHMENT.—The Secretary of Transpor21 tation, in conjunction with the Administrator of the Envi22 ronmental Protection Agency, shall establish a public-pri23 vate research partnership involving the Federal Govern24 ment, railroad carriers, locomotive manufacturers and 

25 equipment suppliers, and the research and test center 
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1 dedicated to the advancement of railroad technology, effi2 ciency, and safety that is owned by the Federal Railroad 

3 Administration and operated in the private sector. The 

4 goal of the initiative shall include developing and dem5 onstrating locomotive technologies that increase fuel econ6 omy, reduce emissions, and lower costs. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section 

9 $35,000,000 for each of fiscal years 2004 through 2006. 

10 Such sums shall remain available until expended. 

11 TITLE III—AVIATION 

12 SEC. 301. CLEAN AIRPORT BUS PILOT PROGRAM. 

13 (a) IN GENERAL.—Subchapter I of chapter 471 of 

14 title 49, United States Code, is amended by adding at the 

15 end the following: 

16 ‘‘§ 47138. Clean airport bus pilot program 

17 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor18 tation shall establish a pilot program for awarding grants 

19 on a competitive basis to eligible entities for facilitating 

20 the use of alternative fuel and ultra-low sulfur diesel buses 

21 at public airports through airport bus replacement and 

22 fleet expansion programs under this section. 

23 ‘‘(b) REQUIREMENTS.—Not later than 6 months 

24 after the date of enactment of this Act, the Secretary shall 

25 establish and publish in the Federal Register requirements
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1 for implementation of the program under this section, in2 cluding eligibility for assistance, management, transfer, 

3 and ultimate disposition of buses, and certification re4 quirements to ensure compliance with this section. 

5 ‘‘(c) SOLICITATION.—Not later than 9 months after 

6 the date of enactment of this Act, the Secretary shall so7 licit proposals for grants under this section. 

8 ‘‘(d) ELIGIBLE RECIPIENTS.—A grant shall be 

9 awarded under this section only to a public agency respon10 sible for bus service at a public airport. 

11 ‘‘(e) TYPES OF GRANTS.—

12 ‘‘(1) IN GENERAL.—Grants under this section 

13 may be for the purposes described in paragraph (2), 

14 paragraph (3), or both. 

15 ‘‘(2) REPLACEMENT BUS GRANTS.—A grant 

16 under this section may be used for the acquisition of 

17 replacement buses. 

18 ‘‘(3) FLEET EXPANSION BUS GRANTS.—A grant 

19 under this section may be used for the acquisition of 

20 not more than 10 buses to expand a fleet of airport 

21 buses at any single airport. 

22 ‘‘(f) PRIORITY OF GRANT APPLICATIONS.—In award23 ing bus replacement grants described in subsection (e)(2), 

24 the Secretary shall give priority to awarding grants to ap25 plicants emphasizing the replacement of buses to be used 
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1 at a public airport located in a nonattainment area, as 

2 defined in section 171 of the Clean Air Act (42 U.S.C. 

3 7501). 

4 ‘‘(g) CONDITIONS OF GRANT.—A grant provided 

5 under this section shall include the following conditions: 

6 ‘‘(1) All buses acquired with funds provided 

7 under the grant shall be operated as part of the air8 port bus fleet for which the grant was made for a 

9 minimum of 5 years. 

10 ‘‘(2) Funds provided under the grant may only 

11 be used—

12 ‘‘(A) to acquire new or replacement alter13 native fuel and ultra-low sulfur diesel fuel 

14 buses, including State taxes and contract fees; 

15 and 

16 ‘‘(B) to construct infrastructure facilities 

17 to enable the delivery of fuel and services nec18 essary for alternative fuel and ultra-low sulfur 

19 diesel fuel buses. 

20 ‘‘(h) FEDERAL SHARE.—The Federal share of the 

21 cost of a bus acquired or other project or activity funded 

22 using amounts made available to carry out this section 

23 shall be 80 percent. 

24 ‘‘(i) DEPLOYMENT AND DISTRIBUTION.—The Sec25 retary shall seek to the maximum extent practicable to en-
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1 sure a broad geographic distribution of grant awards, with 

2 a goal of no State receiving more than 10 percent of the 

3 grant funding made available under this section for a fis4 cal year. 

5 ‘‘(j) DEFINITIONS.—In this section, the following 

6 definitions apply: 

7 ‘‘(1) AIRPORT BUS.—The term ‘airport bus’ 

8 means a bus operated by a public agency to provide 

9 transportation between the facilities of a public air10 port. 

11 ‘‘(2) ALTERNATIVE FUEL BUS.—The term ‘al12 ternative fuel bus’ means a bus powered substan13 tially by electricity (including electricity supplied by 

14 a fuel cell), or by liquefied natural gas, compressed 

15 natural gas, liquefied petroleum gas, hydrogen, pro16 pane, or methanol or ethanol at no less than 85 per17 cent by volume. 

18 ‘‘(3) PUBLIC AIRPORT.—The term ‘public air19 port’ has the meaning such term has under section 

20 47102 of title 49, United States Code. 

21 ‘‘(4) ULTRA-LOW SULFUR DIESEL BUS.—The 

22 term ‘ultra-low sulfur diesel bus’ means a bus pow23 ered by diesel fuel which contains sulfur at not more 

24 than 15 parts per million. 
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1 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated to the Secretary of Trans3 portation for carrying out this section—

4 ‘‘(1) $20,000,000 for fiscal year 2004; 

5 ‘‘(2) $30,000,000 for fiscal year 2005; 

6 ‘‘(3) $40,000,000 for fiscal year 2006; 

7 ‘‘(4) $50,000,000 for fiscal year 2007; and 

8 ‘‘(5) $60,000,000 for fiscal year 2008. 

9 Such sums shall remain available until expended.’’. 

10 (b) CONFORMING AMENDMENT.—The analysis for 

11 chapter 471 of title 49, United States Code, is amended 

12 by inserting after the item relating to section 47137 the 

13 following:

‘‘47138. Clean airport bus pilot program.’’.

14 SEC. 302. CLEAN AIRCRAFT ENGINES. 

15 (a) PUBLIC-PRIVATE RESEARCH PARTNERSHIP.—

16 The Administrator of the Federal Aviation Administration 

17 shall establish a public-private research partnership in18 volving the Federal Aviation Administration, the National 

19 Aeronautics and Space Administration, research univer20 sities, and representatives of the aero-propulsion industry. 

21 (b) DUTIES.—The partnership shall—

22 (1) develop a clean ground demonstrator engine 

23 utilizing technologies developed by the Ultra Effi24 cient Engine Technology (UEET) and Quiet Air-
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1 craft Technology (QAT) programs of the National 

2 Aeronautics and Space Administration; and 

3 (2) focus on the development and certification 

4 of environmentally friendly manufacturing tech5 nologies, materials, and overhaul and repair. 

6 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to carry out this section 

8 such sums as may be necessary for fiscal years 2004

9 through 2008. Such sums shall remain available until ex10 pended. 

11 TITLE IV—WATER RESOURCES 

12 SEC. 401. MARINE EFFICIENCY. 

13 (a) ESTABLISHMENT.—The Secretary of Transpor14 tation shall establish a public-private research partnership 

15 involving the Federal Government, vessel operators, ports, 

16 terminal operators, shipyards, and equipment suppliers to 

17 develop and demonstrate technologies that—

18 (1) increase fuel economy, reduce emissions, 

19 and lower costs of marine transportation; and 

20 (2) increase the efficiency of intermodal trans21 fers. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to carry out this section 

24 such sums as may be necessary for fiscal years 2004 
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1 through 2008. Such sums shall remain available until ex2 pended. 

3 SEC. 402. IMPROVING HYDROPOWER CAPABILITIES. 

4 (a) STUDY.—The Secretary of the Army shall con5 duct a study on the potential for reduced fossil fuel con6 sumption through an increase in United States hydro7 power capabilities. 

8 (b) CONTENTS.—The study shall include an examina9 tion of the potential for improving hydropower capabilities 

10 at dams owned or operated by the Corps of Engineers. 

11 (c) REPORT.—Not later than 1 year after the date 

12 of enactment of this Act, the Secretary shall transmit to 

13 Congress a report containing the results of the study con14 ducted under this section. 

15 SEC. 403. ENCOURAGEMENT OF STATE AND PROVINCIAL 

16 PROHIBITIONS ON OFF-SHORE DRILLING IN 

17 THE GREAT LAKES. 

18 (a) FINDINGS.—Congress finds the following: 

19 (1) The water resources of the Great Lakes 

20 Basin are precious natural resources of the States of 

21 Illinois, Indiana, Michigan, Minnesota, New York, 

22 Ohio, Pennsylvania, and Wisconsin, and the Cana23 dian Province of Ontario. 
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1 (2) The environmental dangers associated with 

2 off-shore drilling in the Great Lakes for oil and gas 

3 outweigh the potential benefits of such drilling. 

4 (3) In accordance with the Submerged Lands 

5 Act (43 U.S.C. 1301 et seq.), each State that bor6 ders any of the Great Lakes has authority over the 

7 area between that State’s coastline and the bound8 ary of Canada or another State. 

9 (4) The States of Illinois, Michigan, New York, 

10 Pennsylvania, and Wisconsin each have a statutory 

11 prohibition of off-shore drilling in the Great Lakes 

12 for oil and gas. 

13 (5) The States of Indiana, Minnesota, and Ohio 

14 do not have such a prohibition. 

15 (6) The Canadian Province of Ontario does not 

16 have such a prohibition, and drilling for and produc17 tion of gas occurs in the Canadian portion of Lake 

18 Erie. 

19 (b) ENCOURAGEMENT OF STATE AND PROVINCIAL

20 PROHIBITIONS.—Congress encourages—

21 (1) the States of Illinois, Michigan, New York, 

22 Pennsylvania, and Wisconsin to continue to prohibit 

23 off-shore drilling in the Great Lakes for oil and gas; 
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1 (2) the States of Indiana, Minnesota, and Ohio 

2 and the Canadian Province of Ontario to enact a 

3 prohibition of such drilling; and 

4 (3) the Canadian Province of Ontario to require 

5 the cessation of any such drilling and any production 

6 resulting from such drilling. 

7 TITLE V—TAX PROVISIONS 

8 SEC. 501. EXTENSION OF TRANSPORTATION FRINGE BEN9 EFIT TO COMMUTERS WHO BICYCLE, CAR10 POOL, OR USE CAR-SHARING. 

11 (a) IN GENERAL.—Paragraph (1) of section 132(f) 

12 of the Internal Revenue Code of 1986 (relating to general 

13 rule for qualified transportation fringe) is amended by 

14 adding at the end the following: 

15 ‘‘(D) Other commuting allowances.’’. 

16 (b) OTHER COMMUTING ALLOWANCES DEFINED.—

17 Paragraph (5) of section 132(f) of such Code (relating to 

18 definitions) is amended by adding at the end the following: 

19 ‘‘(F) OTHER COMMUTING ALLOWANCES.—

20 ‘‘(i) IN GENERAL.—The term ‘other 

21 commuting allowances’ means an amount 

22 provided to an employee for transportation 

23 by bicycling, carpooling, or car-sharing if 

24 such transportation is in connection with 
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1 travel between the employee’s residence 

2 and place of employment. 

3 ‘‘(ii) BICYCLING.—For purposes of 

4 clause (i), bicycling includes regular bicycle 

5 maintenance, and expenses for accessing 

6 space, locker, and shower facilities, secured 

7 bike storage, and other services directly as8 sociated with bicycling. 

9 ‘‘(iii) CARPOOLING.—For purposes of 

10 clause (i), the term ‘carpooling’ means the 

11 carrying of more than 1, but not more 

12 than 6, passengers by highway vehicle on 

13 any public road or highway, either regu14 larly or occasionally, with or without com15 pensation, but not for profit. 

16 ‘‘(iv) CAR-SHARING.—For purposes of 

17 clause (i), the term ‘car sharing’ means 

18 shared-use vehicle services under which 

19 members are provided with access to a 

20 fleet of highway vehicles for use on an as21 needed basis.’’. 

22 (c) DOLLAR LIMITATION ON EXCLUSION.—Para23 graph (2) of section 132(f) of such Code is amended by 

24 striking ‘‘and’’ at the end of subparagraph (A), by striking 

25 the period at the end of subparagraph (B) and inserting 
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1 ‘‘, and’’, and by inserting after subparagraph (B) the fol2 lowing new subparagraph: 

3 ‘‘(C) $75 per month in the case of the ben4 efits described in subparagraph (D) of para5 graph (1).’’. 

6 (d) ADJUSTMENT FOR INFLATION.—Subparagraph 

7 (A) of section 132(f)(6) is amended by adding at the end 

8 the following: ‘‘In the case of any taxable year beginning 

9 in a calendar year after 2003, clause (ii) shall be applied 

10 by substituting ‘calendar year 2002’ for ‘calendar year 

11 1998’ for purposes of adjusting the dollar amount con12 tained in paragraph (2)(C). 

13 (e) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply to taxable years beginning after 

15 December 31, 2002.

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