IB 

Union Calendar No. 581 

110TH CONGRESS 

2D SESSION H. R. 2701 

[Report No. 110-904] 

To strengthen our Nation’s energy security and mitigate the effects of climate 

change by promoting energy efficient transportation and public buildings, 

creating incentives for the use of alternative fuel vehicles and renewable 

energy, and ensuring sound water resource and natural disaster preparedness planning, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 13, 2007 

Mr. OBERSTAR (for himself, Mr. DEFAZIO, Ms. NORTON, Mr. NADLER, Mr. 

FILNER, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. BOSWELL, Mr. 

CAPUANO, Ms. CARSON, Mr. HIGGINS, Mrs. NAPOLITANO, Mr. LIPINSKI, 

Ms. MATSUI, Mr. HALL of New York, and Mr. MCNERNEY) introduced 

the following bill; which was referred to the Committee on Transportation 

and Infrastructure 

SEPTEMBER 29, 2008 

Additional sponsor: Mr. LOEBSACK

SEPTEMBER 29, 2008 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 13, 2007] 

A BILL 

To strengthen our Nation’s energy security and mitigate 

the effects of climate change by promoting energy effiVerDate Aug 31 2005 23:07 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H2701.RH H2701

hsrobinson on PROD1PC76 with BILLS
2 

•HR 2701 RH

cient transportation and public buildings, creating incentives for the use of alternative fuel vehicles and renewable energy, and ensuring sound water resource and natural disaster preparedness planning, and for other purposes. 

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 ‘‘Transportation Energy Security and Climate Change 

6 Mitigation Act of 2007’’. 

7 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings and purposes. 

TITLE I—DEPARTMENT OF TRANSPORTATION 

Sec. 101. Center for climate change and environment. 

TITLE II—HIGHWAYS AND TRANSIT 

Subtitle A—Public Transportation 

Sec. 201. Grants to improve public transportation services. 

Sec. 202. Increased Federal share for Clean Air Act compliance. 

Sec. 203. Commuter rail transit enhancement. 

Subtitle B—Federal-Aid Highways 

Sec. 251. Increased Federal share for CMAQ projects. 

Sec. 252. Distribution of rescissions. 

Sec. 253. Sense of Congress regarding use of complete streets design techniques. 

TITLE III—RAILROAD AND PIPELINE TRANSPORTATION 

Subtitle A—Railroads 

Sec. 301. Green locomotive grant program. 

Sec. 302. Capital grants for railroad track. 

Subtitle B—Pipelines 

Sec. 311. Feasibility studies. 


hsrobinson on PROD1PC76 with BILLS
3 

•HR 2701 RH

TITLE IV—MARITIME TRANSPORTATION 

Subtitle A—General Provisions 

Sec. 401. Short sea transportation initiative. 

Sec. 402. Short sea shipping eligibility for capital construction fund. 

Sec. 403. Report. 

Sec. 404. Green ports initiative. 

Subtitle B—Maritime Pollution 

Sec. 451. References. 

Sec. 452. Definitions. 

Sec. 453. Applicability. 

Sec. 454. Administration and enforcement. 

Sec. 455. Certificates. 

Sec. 456. Reception facilities. 

Sec. 457. Inspections. 

Sec. 458. Amendments to the protocol. 

Sec. 459. Penalties. 

Sec. 460. Effect on other laws. 

TITLE V—AVIATION 

Sec. 501. CLEEN engine and airframe technology partnership. 

Sec. 502. Environmental mitigation pilot program. 

TITLE VI—PUBLIC BUILDINGS 

Subtitle A—General Services Administration 

Sec. 601. Public building energy efficient and renewable energy systems. 

Sec. 602. Public building life-cycle costs. 

Sec. 603. Installation of photovoltaic system at department of energy headquarters building. 

Subtitle B—Coast Guard 

Sec. 631. Prohibition on incandescent lamps by Coast Guard. 

Subtitle C—Architect of the Capitol 

Sec. 651. Capitol complex photovoltaic roof feasibility study. 

Sec. 652. Capitol complex E–85 refueling station. 

Sec. 653. Energy and environmental measures in Capitol complex master plan. 

Sec. 654. Capitol Power Plant. 

TITLE VII—WATER RESOURCES AND EMERGENCY MANAGEMENT 

PREPAREDNESS 

Subtitle A—Water Resources 

Sec. 701. Policy of the United States. 

Sec. 702. 21st Century Water Commission. 

Sec. 703. Improving hydropower capabilities. 

Sec. 704. Study of Potential Impacts of Climate Change on Water Resources and 

Water Quality. 

Sec. 705. Impacts of climate change on Corps of Engineers projects. 


hsrobinson on PROD1PC76 with BILLS
4 

•HR 2701 RH

Subtitle B—Emergency Management 

Sec. 731. Effects of climate change on FEMA preparedness, response, recovery, 

and mitigation programs. 

1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress makes the following findings: 

3 (1) Evidence that atmospheric warming and cli4 mate change are occurring is unequivocal. 

5 (2) Observed and anticipated impacts of climate 

6 change can result in economic harm and environ7 mental damage to the United States and the world. 

8 (3) The Nation’s water resources, ecosystems, and 

9 infrastructure will be under increasing stress and 

10 pressure in coming decades, particularly due to cli11 mate change. 

12 (4) Greenhouse gases, such as carbon dioxide, 

13 methane, and nitrous oxides, can lead to atmospheric 

14 warming and climate change. 

15 (5) Transportation and buildings are among the 

16 leading sources of greenhouse gas emissions. 

17 (6) Increased reliance on energy efficient and re18 newable energy transportation and public buildings 

19 can strengthen our Nation’s energy security and miti20 gate the effects of climate change by cutting green21 house gas emissions. 

22 (7) The Federal Government can strengthen our 

23 Nation’s energy security and mitigate the effects of 


hsrobinson on PROD1PC76 with BILLS
5 

•HR 2701 RH

1 climate change by promoting energy efficient trans2 portation and public buildings, creating incentives for 

3 the use of alternative fuel vehicles and renewable en4 ergy, and ensuring sound water resource and natural 

5 disaster preparedness planning. 

6 (b) PURPOSES.—The purposes of this Act are to 

7 strengthen our Nation’s energy security and mitigate the 

8 effects of climate change by promoting energy efficient 

9 transportation and public buildings, creating incentives for 

10 the use of alternative fuel vehicles and renewable energy, 

11 and ensuring sound water resource and natural disaster 

12 preparedness planning. 

13 TITLE I—DEPARTMENT OF 

14 TRANSPORTATION 

15 SEC. 101. CENTER FOR CLIMATE CHANGE AND ENVIRON16 MENT. 

17 (a) IN GENERAL.—Section 102 of title 49, United 

18 States Code, is amended— 

19 (1) by redesignating subsection (g) as subsection 

20 (h); and 

21 (2) by adding after subsection (f) the following: 

22 ‘‘(g) CENTER FOR CLIMATE CHANGE AND ENVIRON23 MENT.— 


hsrobinson on PROD1PC76 with BILLS
6 

•HR 2701 RH

1 ‘‘(1) ESTABLISHMENT.—There is established in 

2 the Department a Center for Climate Change and En3 vironment to plan, coordinate, and implement— 

4 ‘‘(A) department-wide research, strategies, 

5 and actions to reduce transportation-related en6 ergy use and mitigate the effects of climate 

7 change; and 

8 ‘‘(B) department-wide research strategies 

9 and action to address the impacts of climate 

10 change on transportation systems and infra11 structure. 

12 ‘‘(2) CLEARINGHOUSE.—The Center shall estab13 lish a clearinghouse of low-cost solutions to reduce 

14 congestion and transportation-related energy use and 

15 mitigate the effects of climate change.’’. 

16 (b) LOW-COST CONGESTION SOLUTIONS.— 

17 (1) STUDY.—The Center for Climate Change and 

18 Environment of the Department of Transportation 

19 shall conduct a study to examine fuel efficiency sav20 ings and clean air impacts of major transportation 

21 projects, to identify low-cost solutions to reduce con22 gestion and transportation-related energy use and 

23 mitigate the effects of climate change, and to alleviate 

24 such problems as railroad pricing that may force 


hsrobinson on PROD1PC76 with BILLS
7 

•HR 2701 RH

1 freight off the more fuel efficient railroads and onto 

2 less fuel efficient trucks. 

3 (2) REPORT.—Not later than one year after the 

4 date of enactment of this Act, the Secretary of Trans5 portation shall transmit to the Committee on Trans6 portation and Infrastructure of the House of Rep7 resentatives a report on low-cost solutions to reducing 

8 congestion and transportation-related energy use and 

9 mitigating the effects of climate change. 

10 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

11 authorized to be appropriated to the Secretary for the Cen12 ter to carry out its duties under section 102(g) of title 49, 

13 United States Code, such sums as may be necessary for fis14 cal years 2008 through 2011. 

15 TITLE II—HIGHWAYS AND 

16 TRANSIT 

17 Subtitle A—Public Transportation 

18 SEC. 201. GRANTS TO IMPROVE PUBLIC TRANSPORTATION 

19 SERVICES. 

20 (a) AUTHORIZATIONS OF APPROPRIATIONS.— 

21 (1) URBANIZED AREA FORMULA GRANTS.—In 

22 addition to amounts allocated under section 

23 5338(b)(2)(B) of title 49, United States Code, to carry 

24 out section 5307 of such title, there is authorized to 

25 be appropriated $750,000,000 for each of fiscal years 


hsrobinson on PROD1PC76 with BILLS
8 

•HR 2701 RH

1 2008 and 2009 to carry out such section 5307. Such 

2 funds shall be apportioned in accordance with section 

3 5336 (other than subsections (i)(1) and (j)) of such 

4 title but may not be combined or commingled with 

5 any other funds apportioned under such section 5336. 

6 (2) FORMULA GRANTS FOR OTHER THAN URBAN7 IZED AREAS.—In addition to amounts allocated 

8 under section 5338(b)(2)(G) of title 49, United States 

9 Code, to carry out section 5311 of such title, there is 

10 authorized to be appropriated $100,000,000 for each 

11 of fiscal years 2008 and 2009 to carry out such sec12 tion 5311. Such funds shall be apportioned in accord13 ance with such section 5311 but may not be combined 

14 or commingled with any other funds apportioned 

15 under such section 5311. 

16 (b) USE OF FUNDS.—Notwithstanding sections 5307 

17 and 5311 of title 49, United States Code, the Secretary of 

18 Transportation may make grants under such sections from 

19 amounts appropriated under subsection (a) only for one or 

20 more of the following: 

21 (1) If the recipient of the grant is reducing, or 

22 certifies to the Secretary that, during the term of the 

23 grant, the recipient will reduce one or more fares the 

24 recipient charges for public transportation, those op25 erating costs of equipment and facilities being used to 


hsrobinson on PROD1PC76 with BILLS
9 

•HR 2701 RH

1 provide the public transportation that the recipient is 

2 no longer able to pay from the revenues derived from 

3 such fare or fares as a result of such reduction. 

4 (2) If the recipient of the grant is expanding, or 

5 certifies to the Secretary that, during the term of the 

6 grant, the recipient will expand public transportation 

7 service, those operating and capital costs of equipment 

8 and facilities being used to provide the public trans9 portation service that the recipient incurs as a result 

10 of the expansion of such service. 

11 (c) FEDERAL SHARE.—Notwithstanding any other 

12 provision of law, the Federal share of the costs for which 

13 a grant is made under this section shall be 100 percent. 

14 (d) PERIOD OF AVAILABILITY.—Funds appropriated 

15 under this section shall remain available for a period of 

16 2 fiscal years. 

17 SEC. 202. INCREASED FEDERAL SHARE FOR CLEAN AIR ACT 

18 COMPLIANCE. 

19 Notwithstanding section 5323(i)(1) of title 49, United 

20 States Code, a grant for a project to be assisted under chap21 ter 53 of such title during fiscal years 2008 and 2009 that 

22 involves acquiring clean fuel or alternative fuel vehicle-re23 lated equipment or facilities for the purposes of complying 

24 with or maintaining compliance with the Clean Air Act 

25 (42 U.S.C. 7401 et seq.) shall be for 100 percent of the net 


hsrobinson on PROD1PC76 with BILLS
10 

•HR 2701 RH

1 project cost of the equipment or facility attributable to com2 pliance with that Act. 

3 SEC. 203. COMMUTER RAIL TRANSIT ENHANCEMENT. 

4 (a) AMENDMENT.—Part E of subtitle V of title 49, 

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

6 following: 

7 ‘‘CHAPTER 285—COMMUTER RAIL TRANSIT 

8 ENHANCEMENT 

‘‘Sec. 

‘‘28501. Definitions. 

‘‘28502. Surface Transportation Board mediation of trackage use requests. 

‘‘28503. Surface Transportation Board mediation of rights-of-way use requests. 

‘‘28504. Applicability of other laws. 

‘‘28505. Rules and regulations. 

9 ‘‘§ 28501. Definitions 

10 ‘‘In this chapter— 

11 ‘‘(1) the term ‘Board’ means the Surface Trans12 portation Board; 

13 ‘‘(2) the term ‘capital work’ means maintenance, 

14 restoration, reconstruction, capacity enhancement, or 

15 rehabilitation work on trackage that would be treated, 

16 in accordance with generally accepted accounting 

17 principles, as a capital item rather than an expense; 

18 ‘‘(3) the term ‘fixed guideway transportation’ 

19 means public transportation (as defined in section 

20 5302(a)(10)) provided on, by, or using a fixed guide21 way (as defined in section 5302(a)(4)); 


hsrobinson on PROD1PC76 with BILLS
11 

•HR 2701 RH

1 ‘‘(4) the term ‘public transportation authority’ 

2 means a local governmental authority (as defined in 

3 section 5302(a)(6)) established to provide, or make a 

4 contract providing for, fixed guideway transportation; 

5 ‘‘(5) the term ‘rail carrier’ means a person, other 

6 than a governmental authority, providing common 

7 carrier railroad transportation for compensation sub8 ject to the jurisdiction of the Board under chapter 

9 105; 

10 ‘‘(6) the term ‘segregated fixed guideway facility’ 

11 means a fixed guideway facility constructed within 

12 the railroad right-of-way of a rail carrier but phys13 ically separate from trackage, including relocated 

14 trackage, within the right-of-way used by a rail car15 rier for freight transportation purposes; and 

16 ‘‘(7) the term ‘trackage’ means a railroad line of 

17 a rail carrier, including a spur, industrial, team, 

18 switching, side, yard, or station track, and a facility 

19 of a rail carrier. 

20 ‘‘§ 28502. Surface Transportation Board mediation of 

21 trackage use requests 

22 ‘‘If, after a reasonable period of negotiation, a public 

23 transportation authority cannot reach agreement with a 

24 rail carrier to use trackage of, and have related services pro25 vided by, the rail carrier for purposes of fixed guideway 


hsrobinson on PROD1PC76 with BILLS
12 

•HR 2701 RH

1 transportation, the public transportation authority or the 

2 rail carrier may apply to the Board for nonbinding medi3 ation. The Board shall conduct the nonbinding mediation 

4 in accordance with the mediation process of section 1109.4 

5 of title 49, Code of Federal Regulations, as in effect on the 

6 date of enactment of this section. 

7 ‘‘§ 28503. Surface Transportation Board mediation of 

8 rights-of-way use requests 

9 ‘‘If, after a reasonable period of negotiation, a public 

10 transportation authority cannot reach agreement with a 

11 rail carrier to acquire an interest in a railroad right-of12 way for the construction and operation of a segregated fixed 

13 guideway facility, the public transportation authority or 

14 the rail carrier may apply to the Board for nonbinding 

15 mediation. The Board shall conduct the nonbinding medi16 ation in accordance with the mediation process of section 

17 1109.4 of title 49, Code of Federal Regulations, as in effect 

18 on the date of enactment of this section. 

19 ‘‘§ 28504. Applicability of other laws 

20 ‘‘Nothing in this chapter shall be construed to limit 

21 a rail transportation provider’s right under section 

22 28103(b) to enter into contracts that allocate financial re23 sponsibility for claims. 


hsrobinson on PROD1PC76 with BILLS
13 

•HR 2701 RH

1 ‘‘§ 28505. Rules and regulations 

2 ‘‘Not later than 180 days after the date of enactment 

3 of this section, the Board shall issue such rules and regula4 tions as may be necessary to carry out this chapter.’’. 

5 (b) CLERICAL AMENDMENT.—The table of chapters of 

6 such subtitle is amended by adding after the item relating 

7 to chapter 283 the following: 

‘‘285. COMMUTER RAIL TRANSIT ENHANCEMENT ........................... 28501’’. 

8 Subtitle B—Federal-Aid Highways 

9 SEC. 251. INCREASED FEDERAL SHARE FOR CMAQ 

10 PROJECTS. 

11 Section 120(c) of title 23, United States Code, is 

12 amended— 

13 (1) in the subsection heading by striking ‘‘FOR

14 CERTAIN SAFETY PROJECTS’’; 

15 (2) by striking ‘‘The Federal share’’ and insert16 ing the following: 

17 ‘‘(1) CERTAIN SAFETY PROJECTS.—The Federal 

18 share’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(2) CMAQ PROJECTS.—The Federal share pay21 able on account of a project or program carried out 

22 under section 149 with funds obligated in fiscal year 

23 2008 or 2009, or both, shall be 100 percent of the cost 

24 thereof.’’. 


hsrobinson on PROD1PC76 with BILLS
14 

•HR 2701 RH

1 SEC. 252. DISTRIBUTION OF RESCISSIONS. 

2 (a) IN GENERAL.—Any unobligated balances of 

3 amounts that are appropriated from the Highway Trust 

4 Fund for a fiscal year, and apportioned under chapter 1 

5 of title 23, United States Code, before, on, or after the date 

6 of enactment of this Act and that are rescinded after such 

7 date of enactment shall be distributed within each State (as 

8 defined in section 101 of such title) among all programs 

9 for which funds are apportioned under such chapter for 

10 such fiscal year, to the extent sufficient funds remain avail11 able for obligation, in the ratio that the amount of funds 

12 apportioned for each program under such chapter for such 

13 fiscal year, bears to the amount of funds apportioned for 

14 all such programs under such chapter for such fiscal year. 

15 (b) TREATMENT OF TRANSPORTATION ENHANCEMENT

16 SET-ASIDE AND FUNDS SUBALLOCATED TO SUBSTATE

17 AREAS.—Funds set aside under sections 133(d)(2) and 

18 133(d)(3) of title 23, United States Code, shall be treated 

19 as being apportioned under chapter 1 of such title for pur20 poses of subsection (a). 

21 SEC. 253. SENSE OF CONGRESS REGARDING USE OF COM22 PLETE STREETS DESIGN TECHNIQUES. 

23 It is the sense of Congress that in constructing new 

24 roadways or rehabilitating existing facilities, State and 

25 local governments should employ policies designed to accom26 modate all users, including motorists, pedestrians, cyclists, 


hsrobinson on PROD1PC76 with BILLS
15 

•HR 2701 RH

1 transit riders, and people of all ages and abilities, in order 

2 to— 

3 (1) serve all surface transportation users by cre4 ating a more interconnected and intermodal system; 

5 (2) create more viable transportation options; 

6 and 

7 (3) facilitate the use of environmentally friendly 

8 options, such as public transportation, walking, and 

9 bicycling. 

10 TITLE III—RAILROAD AND 

11 PIPELINE TRANSPORTATION 

12 Subtitle A—Railroads 

13 SEC. 301. GREEN LOCOMOTIVE GRANT PROGRAM. 

14 (a) IN GENERAL.—The Secretary of Transportation 

15 shall establish a program for making grants to railroad car16 riers and State and local governments for assistance in pur17 chasing qualified locomotives. 

18 (b) RAILROAD CARRIER DEFINED.—The term ‘‘rail19 road carrier’’ has the meaning that the term has in section 

20 20102 of title 49, United States Code. 

21 (c) USE OF FUNDS.—— 

22 (1) GRANTS.—The Secretary may make a grant 

23 to a railroad carrier or a State or local government— 

24 (A) to purchase locomotives, including 

25 switch locomotives, that exceed the EnvironVerDate Aug 31 2005 23:07 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 E:\BILLS\H2701.RH H2701

hsrobinson on PROD1PC76 with BILLS
16 

•HR 2701 RH

1 mental Protection Agency’s emission standards 

2 for locomotives and locomotive engines; or 

3 (B) to recondition locomotives, including 

4 switch locomotives, to ensure that such loco5 motives meet or exceed the Environmental Pro6 tection Agency’s emission standards for loco7 motives and locomotive engines. 

8 (2) LIMITATION.—Notwithstanding paragraph 

9 (1), no grant under this section may be used to fund 

10 the costs of emission reductions that are mandated 

11 under Federal, State, or local law. 

12 (d) GRANT CRITERIA.—In selecting applicants for 

13 grants under this section, the Secretary shall consider— 

14 (1) the identified need for locomotives that exceed 

15 the Environmental Protection Agency’s emission 

16 standards for locomotives or locomotive engines in the 

17 areas served by the applicant; 

18 (2) the benefits of the emissions reductions of the 

19 proposed project; and 

20 (3) the extent to which the applicant dem21 onstrates innovative strategies and a financial com22 mitment to increasing energy efficiency and reducing 

23 greenhouse gas emissions of its railroad operations. 

24 (e) COMPETITIVE GRANT SELECTION.—The Secretary 

25 shall conduct a national solicitation for applications for 


hsrobinson on PROD1PC76 with BILLS
17 

•HR 2701 RH

1 grants under this section and shall select grantees on a com2 petitive basis. 

3 (f) FEDERAL SHARE.—The Federal share of the costs 

4 for a project under this section shall not exceed 90 percent 

5 of the project cost. 

6 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to the Secretary $50,000,000 

8 for each of the fiscal years 2008 through 2011 to carry out 

9 this section. Such funds shall remain available until ex10 pended. 

11 SEC. 302. CAPITAL GRANTS FOR RAILROAD TRACK. 

12 (a) AMENDMENT.—Chapter 223 of title 49, United 

13 States Code, is amended to read as follows: 

14 ‘‘CHAPTER 223—CAPITAL GRANTS FOR 

15 RAILROAD TRACK 

‘‘Sec. 

‘‘22301. Capital grants for railroad track. 

16 ‘‘§ 22301. Capital grants for railroad track 

17 ‘‘(a) ESTABLISHMENT OF PROGRAM.— 

18 ‘‘(1) ESTABLISHMENT.—The Secretary of Trans19 portation shall establish a program of capital grants 

20 for the rehabilitation, preservation, or improvement of 

21 railroad track (including roadbed, bridges, and re22 lated track structures) of class II and class III rail23 roads. Such grants shall be for rehabilitating, pre24 serving, or improving track used primarily for freight 


hsrobinson on PROD1PC76 with BILLS
18 

•HR 2701 RH

1 transportation to a standard ensuring that the track 

2 can be operated safely and efficiently, including 

3 grants for rehabilitating, preserving, or improving 

4 track to handle 286,000 pound railcars. Grants may 

5 be provided under this chapter— 

6 ‘‘(A) directly to the class II or class III 

7 railroad; or 

8 ‘‘(B) with the concurrence of the class II or 

9 class III railroad, to a State or local govern10 ment. 

11 ‘‘(2) STATE COOPERATION.—Class II and class 

12 III railroad applicants for a grant under this chapter 

13 are encouraged to utilize the expertise and assistance 

14 of State transportation agencies in applying for and 

15 administering such grants. State transportation agen16 cies are encouraged to provide such expertise and as17 sistance to such railroads. 

18 ‘‘(3) INTERIM REGULATIONS.—Not later than 

19 December 31, 2007, the Secretary shall issue tem20 porary regulations to implement the program under 

21 this section. Subchapter II of chapter 5 of title 5 does 

22 not apply to a temporary regulation issued under this 

23 paragraph or to an amendment to such a temporary 

24 regulation. 


hsrobinson on PROD1PC76 with BILLS
19 

•HR 2701 RH

1 ‘‘(4) FINAL REGULATIONS.—Not later than Octo2 ber 1, 2008, the Secretary shall issue final regulations 

3 to implement the program under this section. 

4 ‘‘(b) MAXIMUM FEDERAL SHARE.—The maximum 

5 Federal share for carrying out a project under this section 

6 shall be 80 percent of the project cost. The non-Federal share 

7 may be provided by any non-Federal source in cash, equip8 ment, or supplies. Other in-kind contributions may be ap9 proved by the Secretary on a case-by-case basis consistent 

10 with this chapter. 

11 ‘‘(c) PROJECT ELIGIBILITY.—For a project to be eligi12 ble for assistance under this section the track must have 

13 been operated or owned by a class II or class III railroad 

14 as of the date of the enactment of this chapter. 

15 ‘‘(d) USE OF FUNDS.—Grants provided under this sec16 tion shall be used to implement track capital projects as 

17 soon as possible. In no event shall grant funds be contrac18 tually obligated for a project later than the end of the third 

19 Federal fiscal year following the year in which the grant 

20 was awarded. Any funds not so obligated by the end of such 

21 fiscal year shall be returned to the Secretary for realloca22 tion. 

23 ‘‘(e) EMPLOYEE PROTECTION.—The Secretary shall re24 quire as a condition of any grant made under this section 

25 that the recipient railroad provide a fair arrangement at 


hsrobinson on PROD1PC76 with BILLS
20 

•HR 2701 RH

1 least as protective of the interests of employees who are af2 fected by the project to be funded with the grant as the terms 

3 imposed under section 11326(a), as in effect on the date 

4 of the enactment of this chapter. 

5 ‘‘(f) LABOR STANDARDS.— 

6 ‘‘(1) PREVAILING WAGES.—The Secretary shall 

7 ensure that laborers and mechanics employed by con8 tractors and subcontractors in construction work fi9 nanced by a grant made under this section will be 

10 paid wages not less than those prevailing on similar 

11 construction in the locality, as determined by the Sec12 retary of Labor under subchapter IV of chapter 31 of 

13 title 40 (commonly known as the ‘Davis-Bacon Act’). 

14 The Secretary shall make a grant under this section 

15 only after being assured that required labor standards 

16 will be maintained on the construction work. 

17 ‘‘(2) WAGE RATES.—Wage rates in a collective 

18 bargaining agreement negotiated under the Railway 

19 Labor Act (45 U.S.C. 151 et seq.) are deemed for pur20 poses of this subsection to comply with the subchapter 

21 IV of chapter 31 of title 40. 

22 ‘‘(g) STUDY.—The Secretary shall conduct a study of 

23 the projects carried out with grant assistance under this 

24 section to determine the public interest benefits associated 

25 with the light density railroad networks in the States and 


hsrobinson on PROD1PC76 with BILLS
21 

•HR 2701 RH

1 their contribution to a multimodal transportation system. 

2 Not later than March 31, 2009, the Secretary shall report 

3 to Congress any recommendations the Secretary considers 

4 appropriate regarding the eligibility of light density rail 

5 networks for Federal infrastructure financing. 

6 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to the Secretary of Transpor8 tation $250,000,000 for each of fiscal years 2008 through 

9 2011 for carrying out this section.’’. 

10 (b) CONFORMING AMENDMENT.—The item relating to 

11 chapter 223 in the table of chapters of subtitle V of title 

12 49, United States Code, is amended to read as follows: 

‘‘223. CAPITAL GRANTS FOR RAILROAD TRACK ............................... 22301’’. 

13 Subtitle B—Pipelines 

14 SEC. 311. FEASIBILITY STUDIES. 

15 (a) IN GENERAL.—The Secretary of Energy, in coordi16 nation with the Secretary of Transportation, shall conduct 

17 feasibility studies for the construction of pipelines dedicated 

18 to the transportation of ethanol. 

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

20 enactment of this Act, the Secretary of Energy shall submit 

21 to the Committee on Transportation and Infrastructure of 

22 the House of Representatives and the Committee on Com23 merce, Science, and Transportation of the Senate a report 

24 on such feasibility studies. 


hsrobinson on PROD1PC76 with BILLS
22 

•HR 2701 RH

1 (c) STUDY FACTORS.—Feasibility studies funded 

2 under this subtitle shall include consideration of— 

3 (1) existing or potential barriers to the construc4 tion of pipelines dedicated to the transportation of 

5 ethanol, including technical, siting, financing, and 

6 regulatory barriers; 

7 (2) market risk, including throughput risk; 

8 (3) regulatory, financing, and siting options that 

9 would mitigate such risk and help ensure the con10 struction of pipelines dedicated to the transportation 

11 of ethanol; 

12 (4) ensuring the safe transportation of ethanol 

13 and preventive measures to ensure pipeline integrity; 

14 and 

15 (5) such other factors as the Secretary of Energy 

16 considers appropriate. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to the Secretary of Energy 

19 to carry out this section $1,000,000 for each of the fiscal 

20 years 2008 and 2009, to remain available until expended. 


hsrobinson on PROD1PC76 with BILLS
23 

•HR 2701 RH

1 TITLE IV—MARITIME 

2 TRANSPORTATION 

3 Subtitle A—General Provisions 

4 SEC. 401. SHORT SEA TRANSPORTATION INITIATIVE. 

5 (a) IN GENERAL.—Title 46, United States Code, is 

6 amended by adding after chapter 555 the following: 

7 ‘‘CHAPTER 556—SHORT SEA 

8 TRANSPORTATION 

‘‘Sec. 55601. Short sea transportation program. 

‘‘Sec. 55602. Cargo and shippers. 

‘‘Sec. 55603. Financing of short sea transportation projects. 

‘‘Sec. 55604. Interagency coordination. 

‘‘Sec. 55605. Research on short sea transportation. 

‘‘Sec. 55606. Short sea transportation defined. 

9 ‘‘§ 55601. Short sea transportation program 

10 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor11 tation shall establish a short sea transportation program 

12 and designate short sea transportation projects to be con13 ducted under the program to mitigate landside congestion. 

14 ‘‘(b) PROGRAM ELEMENTS.—The program shall en15 courage the use of short sea transportation through the de16 velopment and expansion of— 

17 ‘‘(1) documented vessels; 

18 ‘‘(2) shipper utilization; 

19 ‘‘(3) port and landside infrastructure; and 

20 ‘‘(4) marine transportation strategies by State 

21 and local governments. 


hsrobinson on PROD1PC76 with BILLS
24 

•HR 2701 RH

1 ‘‘(c) SHORT SEA TRANSPORTATION ROUTES.—The 

2 Secretary shall designate short sea transportation routes as 

3 extensions of the surface transportation system to focus pub4 lic and private efforts to use the waterways to relieve 

5 landside congestion along coastal corridors. The Secretary 

6 may collect and disseminate data for the designation and 

7 delineation of short sea transportation routes. 

8 ‘‘(d) PROJECT DESIGNATION.—The Secretary may 

9 designate a project to be a short sea transportation project 

10 if the Secretary determines that the project may— 

11 ‘‘(1) offer a waterborne alternative to available 

12 landside transportation services using documented 

13 vessels; and 

14 ‘‘(2) provide transportation services for pas15 sengers or freight (or both) that may reduce conges16 tion on landside infrastructure using documented ves17 sels. 

18 ‘‘(e) ELEMENTS OF PROGRAM.—For a short sea trans19 portation project designated under this section, the Sec20 retary of Transportation may— 

21 ‘‘(1) promote the development of short sea trans22 portation services; 

23 ‘‘(2) coordinate, with ports, State departments of 

24 transportation, localities, other public agencies, and 

25 the private sector and on the development of landside 


hsrobinson on PROD1PC76 with BILLS
25 

•HR 2701 RH

1 facilities and infrastructure to support short sea 

2 transportation services; and 

3 ‘‘(3) develop performance measures for the short 

4 sea transportation program. 

5 ‘‘(f) MULTISTATE, STATE AND REGIONAL TRANSPOR6 TATION PLANNING.—The Secretary, in consultation with 

7 Federal entities and State and local governments, shall de8 velop strategies to encourage the use of short sea transpor9 tation for transportation of passengers and cargo. The Sec10 retary shall— 

11 ‘‘(1) assess the extent to which States and local 

12 governments include short sea transportation and 

13 other marine transportation solutions in their trans14 portation planning; 

15 ‘‘(2) encourage State departments of transpor16 tation to develop strategies, where appropriate, to in17 corporate short sea transportation, ferries, and other 

18 marine transportation solutions for regional and 

19 interstate transport of freight and passengers in their 

20 transportation planning; and 

21 ‘‘(3) encourage groups of States and multi-State 

22 transportation entities to determine how short sea 

23 transportation can address congestion, bottlenecks, 

24 and other interstate transportation challenges. 


hsrobinson on PROD1PC76 with BILLS
26 

•HR 2701 RH

1 ‘‘§ 55602. Cargo and shippers 

2 ‘‘(a) MEMORANDUMS OF AGREEMENT.—The Secretary 

3 of Transportation shall enter into memorandums of under4 standing with the heads of other Federal entities to trans5 port federally owned or generated cargo using a short sea 

6 transportation project designated under section 55601 when 

7 practical or available. 

8 ‘‘(b) SHORT-TERM INCENTIVES.—The Secretary shall 

9 consult shippers and other participants in transportation 

10 logistics and develop proposals for short-term incentives to 

11 encourage the use of short sea transportation. 

12 ‘‘§ 55603. Financing of short sea transportation 

13 projects 

14 ‘‘(a) AUTHORITY TO MAKE LOAN GUARANTEE.—The 

15 Secretary of Transportation, subject to the availability of 

16 appropriations, may make a loan guarantee for the financ17 ing of the construction, reconstruction, or reconditioning of 

18 a vessel that will be used for a short sea transportation 

19 project designated under section 55601. 

20 ‘‘(b) TERMS AND CONDITIONS.—In making a loan 

21 guarantee under this section, the Secretary shall use the au22 thority, terms, and conditions that apply to a loan guar23 antee made under chapter 537. 

24 ‘‘(c) GENERAL LIMITATIONS.—The total unpaid prin25 cipal amount of obligations guaranteed under this chapter 


hsrobinson on PROD1PC76 with BILLS
27 

•HR 2701 RH

1 and outstanding at one time may not exceed 

2 $2,000,000,000. 

3 ‘‘(d) FULL FAITH AND CREDIT.—The full faith and 

4 credit of the United States Government is pledged to the 

5 payment of a guarantee made under this chapter, for both 

6 principal and interest, including interest (as may be pro7 vided for in the guarantee) accruing between the date of 

8 default under a guaranteed obligation and the date of pay9 ment in full of the guarantee. 

10 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated $25,000,000 to carry out this 

12 section for each of fiscal years 2008 through 2011. 

13 ‘‘§ 55604. Interagency coordination 

14 ‘‘The Secretary of Transportation shall establish a 

15 board to identify and seek solutions to impediments hin16 dering effective use of short sea transportation. The board 

17 shall include representatives of other Federal, State, and 

18 local governmental entities and private sector entities. 

19 ‘‘§ 55605. Research on short sea transportation 

20 ‘‘The Secretary of Transportation may conduct re21 search on short sea transportation, regarding— 

22 ‘‘(1) the environmental and transportation bene23 fits to be derived from short sea transportation alter24 natives for other forms of transportation; 


hsrobinson on PROD1PC76 with BILLS
28 

•HR 2701 RH

1 ‘‘(2) technology, vessel design, and other im2 provements that would reduce emissions, increase fuel 

3 economy, and lower costs of short sea transportation 

4 and increase the efficiency of intermodal transfers; 

5 and 

6 ‘‘(3) identify and seek solutions to impediments 

7 to short sea transportation projects designated under 

8 section 55601. 

9 ‘‘§ 55606. Short sea transportation defined 

10 ‘‘In this chapter, the term ‘short sea transportation’ 

11 means the carriage by vessel of cargo— 

12 ‘‘(1) that is— 

13 ‘‘(A) contained in intermodal cargo con14 tainers and loaded by crane on the vessel; or 

15 ‘‘(B) loaded on the vessel by means of 

16 wheeled technology; and 

17 ‘‘(2) that is— 

18 ‘‘(A) loaded at a port in the United States 

19 and unloaded at another port in the United 

20 States or a port in Canada located in the Great 

21 Lakes Saint Lawrence Seaway System; or 

22 ‘‘(B) loaded at a port in Canada located in 

23 the Great Lakes Saint Lawrence Seaway System 

24 and unloaded at a port in the United States.’’. 


hsrobinson on PROD1PC76 with BILLS
29 

•HR 2701 RH

1 (b) CLERICAL AMENDMENT.—The table of chapters at 

2 the beginning of subtitle V of such title is amended by in3 serting after the item relating to chapter 555 the following: 

‘‘556. Short Sea Transportation .......................................................55601’’. 

4 (c) REGULATIONS.— 

5 (1) INTERIM REGULATIONS.—Not later than De6 cember 31, 2007, the Secretary of Transportation 

7 shall issue temporary regulations to implement the 

8 program under this section. Subchapter II of chapter 

9 5 of title 5, United States Code, does not apply to a 

10 temporary regulation issued under this paragraph or 

11 to an amendment to such a temporary regulation. 

12 (2) FINAL REGULATIONS.—Not later than Octo13 ber 1, 2008, the Secretary shall issue final regulations 

14 to implement the program under this section. 

15 SEC. 402. SHORT SEA SHIPPING ELIGIBILITY FOR CAPITAL 

16 CONSTRUCTION FUND. 

17 (a) DEFINITION OF QUALIFIED VESSEL.—Section 

18 53501 of title 46, United States Code, is amended— 

19 (1) in paragraph (5)(A)(iii) by striking ‘‘or non20 contiguous domestic’’ and inserting ‘‘noncontiguous 

21 domestic, or short sea transportation trade’’; and 

22 (2) by inserting after paragraph (6) the fol23 lowing: 


hsrobinson on PROD1PC76 with BILLS
30 

•HR 2701 RH

1 ‘‘(7) SHORT SEA TRANSPORTATION TRADE.—The 

2 term ‘short sea transportation trade’ means the car3 riage by vessel of cargo— 

4 ‘‘(A) that is— 

5 ‘‘(i) contained in intermodal cargo 

6 containers and loaded by crane on the ves7 sel; or 

8 ‘‘(ii) loaded on the vessel by means of 

9 wheeled technology; and 

10 ‘‘(B) that is— 

11 ‘‘(i) loaded at a port in the United 

12 States and unloaded at another port in the 

13 United States or a port in Canada located 

14 in the Great Lakes Saint Lawrence Seaway 

15 System; or 

16 ‘‘(ii) loaded at a port in Canada lo17 cated in the Great Lakes Saint Lawrence 

18 Seaway System and unloaded at a port in 

19 the United States.’’. 

20 (b) ALLOWABLE PURPOSE.—Section 53503(b) of such 

21 title is amended by striking ‘‘or noncontiguous domestic 

22 trade’’ and inserting ‘‘noncontiguous domestic, or short sea 

23 transportation trade’’. 


hsrobinson on PROD1PC76 with BILLS
31 

•HR 2701 RH

1 SEC. 403. REPORT. 

2 Not later than one year after the date of enactment 

3 of this Act, the Secretary of Transportation shall submit 

4 to the Committee on Transportation and Infrastructure of 

5 the House of Representatives and the Committee on Com6 merce, Science, and Transportation of the Senate a report 

7 on the short sea transportation program established under 

8 the amendments made by section 401. The report shall in9 clude a description of the activities conducted under the 

10 program, and any recommendations for further legislative 

11 or administrative action that the Secretary considers ap12 propriate. 

13 SEC. 404. GREEN PORTS INITIATIVE. 

14 (a) IN GENERAL.— 

15 (1) DEVELOPMENT AND IMPLEMENTATION.—The 

16 Secretary of Transportation shall develop and imple17 ment a green port initiative to promote the use of 

18 technologies in United States ports and shipyards to 

19 reduce air emissions including particulate matter, ni20 trogen oxides, sulfur oxides, and carbon monoxides. 

21 The program may include— 

22 (A) use of electric and low-emission vehicles 

23 for cargo handling equipment; 

24 (B) use of electric shore power and low pol25 lution auxiliary engines for vessels in port; 


hsrobinson on PROD1PC76 with BILLS
32 

•HR 2701 RH

1 (C) use of energy efficient lighting and other 

2 electrical products in ports; 

3 (D) use of best management practices to de4 crease emissions; 

5 (E) use of technology and best management 

6 practices to prevent pollution of the waters in 

7 ports; and 

8 (F) use of other energy efficient or low emis9 sion technologies that the Secretary considers 

10 necessary. 

11 (2) GREEN PORT AWARD.—The Secretary may 

12 issue a green port award to a port that meets the 

13 standards for that award prescribed by the Secretary 

14 for low emissions and pollution by a port. 

15 (b) CLEAN TECHNOLOGY ASSISTANCE.— 

16 (1) IN GENERAL.—The Secretary may provide 

17 grants and low-cost revolving loans, as determined by 

18 the Secretary, on a competitive basis, to ports, ter19 minal operators, and shipyards to achieve significant 

20 reductions in diesel emissions of particulate matter, 

21 nitrogen oxides, and sulfur oxides in United States 

22 ports. 

23 (2) PRIORITIZATION.—The Secretary shall pro24 vide grants and loans to the applicants that will use 

25 the funds provided to remove the largest amount of 


hsrobinson on PROD1PC76 with BILLS
33 

•HR 2701 RH

1 pollutants for each dollar provided in the grant or 

2 loan. 

3 (3) APPLICATIONS.— 

4 (A) IN GENERAL.—To receive a grant or 

5 loan under this subsection, a port, terminal oper6 ator, or shipyard shall submit to the Secretary 

7 an application at a time, in a manner, and in8 cluding any information that the Secretary may 

9 require. 

10 (B) INCLUSIONS.—An application under 

11 this paragraph shall include— 

12 (i) a description of the air quality of 

13 the area served by the port, terminal oper14 ator, or shipyard; 

15 (ii) the quantity of air pollution pro16 duced in the port area served by the port, 

17 terminal operator, or shipyard; 

18 (iii) a description of the project pro19 posed by the port, terminal operator, or 

20 shipyard, including the means by which the 

21 project will achieve a significant reduction 

22 in diesel emissions; 

23 (iv) an evaluation (using methodology 

24 approved by the Secretary) of the benefits of 


hsrobinson on PROD1PC76 with BILLS
34 

•HR 2701 RH

1 the emissions reductions of the proposed 

2 project; 

3 (v) an estimate of the cost of the pro4 posed project; and 

5 (vi) provisions for the monitoring and 

6 verification of the project. 

7 (4) USE OF FUNDS.— 

8 (A) IN GENERAL.—A port, terminal oper9 ator, or shipyard may use a grant or loan pro10 vided under this subsection to fund the costs of— 

11 (i) a technology (including any incre12 mental costs of a repowered or new diesel 

13 engine) that significantly reduces emissions 

14 through development and implementation of 

15 a certified engine configuration, verified 

16 technology, or emerging technology for— 

17 (I) a medium-duty truck or a 

18 heavy-duty truck; 

19 (II) a marine engine; 

20 (III) a nonroad engine or vehicle 

21 used in applications such as handling 

22 of cargo; and 

23 (IV) electric shore power and low 

24 pollution auxiliary engines for vessels 

25 in port; and 


hsrobinson on PROD1PC76 with BILLS
35 

•HR 2701 RH

1 (ii) an idle-reduction program involv2 ing a vehicle or equipment. 

3 (B) REGULATORY PROGRAMS.—Notwith4 standing paragraph (1), no grant or loan pro5 vided under this subsection may be used to fund 

6 the costs of emissions reductions that are man7 dated under Federal, State, or local law. 

8 (C) ENGINES.—A recipient of a grant or 

9 loan under this subsection may only use the 

10 funds under the grant or loan for engines that 

11 are certified for low emissions and technology 

12 that has been verified in a manner prescribed by 

13 the Secretary as producing low emissions. 

14 (5) FEDERAL SHARE.—The Federal share of the 

15 costs for a project for which a grant is made under 

16 this subsection may not exceed 90 percent. 

17 (6) LIMITATION ON AMOUNT.—A grant or loan 

18 under this subsection may not exceed $1,000,000. 

19 (7) TECHNICAL REVIEW TEAM.—The Secretary 

20 shall establish a technical review team comprised of 

21 members from agencies within the Department of 

22 Transportation to review proposals for grants and 

23 loans under this subsection. The Secretary shall select 

24 agencies to serve as review panel participants based 

25 on the Secretary’s determination that they possess the 


hsrobinson on PROD1PC76 with BILLS
36 

•HR 2701 RH

1 necessary expertise and knowledge to evaluate the pro2 posals. 

3 (8) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated $25,000,000 

5 for each of fiscal years 2008 through 2011 to carry 

6 out this subsection. 

7 (c) USE OF SETTLEMENT AMOUNTS.— 

8 (1) IN GENERAL.—The Secretary, acting through 

9 the Maritime Administrator, shall consult with the 

10 Attorney General regarding the payment to maritime 

11 emission reduction foundations authorized by the Ad12 ministrator of amounts collected by the Government 

13 as a result of settlements relating to allegations of vio14 lations of environmental laws related to vessels, ports, 

15 and port-related services. 

16 (2) USE OF AMOUNTS.—Such amounts shall be 

17 used by such a foundation for the development of tech18 nologies, including best management practices, related 

19 to compliance with marine emissions reduction, as 

20 determined appropriate by the Maritime Adminis21 trator. 

22 (d) TESTING PROGRAM.— 

23 (1) IN GENERAL.—The Secretary, acting through 

24 the Maritime Administrator, may establish a coopera25 tive partnership with the Administrator of the EnviVerDate Aug 31 2005 23:07 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6203 E:\BILLS\H2701.RH H2701

hsrobinson on PROD1PC76 with BILLS
37 

•HR 2701 RH

1 ronmental Protection Agency, or any other agency the 

2 Secretary determines to be appropriate, to test emis3 sions reduction technology on actual vessels. 

4 (2) TECHNOLOGIES TO BE TESTED.—The pro5 gram under this subsection shall be based on emergent 

6 and existing technologies that have been verified effec7 tive under laboratory conditions. 

8 (3) MAINTENANCE OF VESSEL USABILITY.—Any 

9 technology tested under this subsection must not per10 manently alter or render the vessel on which it is test11 ed ineffective for long-term Maritime Administration 

12 use. 

13 (4) ADMINISTRATION PRIORITIES AND NEEDS.— 

14 The Secretary shall designate vessels as platforms for 

15 testing under this subsection in accordance with Mar16 itime Administration priorities and needs. 

17 (5) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated to the Sec19 retary $6,000,000 to administer and implement coop20 erative partnerships established under paragraph (1). 

21 Subtitle B—Maritime Pollution 

22 SEC. 451. REFERENCES. 

23 Wherever in this subtitle an amendment or repeal is 

24 expressed in terms of an amendment to or a repeal of a 

25 section or other provision, the reference shall be considered 


hsrobinson on PROD1PC76 with BILLS
38 

•HR 2701 RH

1 to be made to a section or other provision of the Act to 

2 Prevent Pollution from Ships (33 U.S.C. 1901 et seq.). 

3 SEC. 452. DEFINITIONS. 

4 Section 2(a) (33 U.S.C. 1901(a)) is amended— 

5 (1) by redesignating paragraphs (1) through (12) 

6 as paragraphs (2) through (13), respectively; 

7 (2) by inserting before paragraph (2) (as so re8 designated) the following: 

9 ‘‘(1) ‘Administrator’ means the Administrator of 

10 the Environmental Protection Agency.’’; 

11 (3) in paragraph (5) (as so redesignated) by 

12 striking ‘‘and V’’ and inserting ‘‘V, and VI’’; 

13 (4) in paragraph (6) (as so redesignated) by 

14 striking ‘‘ ‘discharge’ and ‘garbage’ and ‘harmful sub15 stance’ and ‘incident’ ’’ and inserting ‘‘ ‘discharge’, 

16 ‘emission’, ‘garbage’, ‘harmful substance’, and ‘inci17 dent’ ’’; and 

18 (5) by redesignating paragraphs (7) through (13) 

19 (as redesignated) as paragraphs (8) through (14), re20 spectively, and inserting after paragraph (6) (as re21 designated) the following: 

22 ‘‘(7) ‘navigable waters’ includes the territorial 

23 sea of the United States (as defined in Presidential 

24 Proclamation 5928 of December 27, 1988) and the in25 ternal waters of the United States;’’. 


hsrobinson on PROD1PC76 with BILLS
39 

•HR 2701 RH

1 SEC. 453. APPLICABILITY. 

2 Section 3 (33 U.S.C. 1902) is amended— 

3 (1) in subsection (a)— 

4 (A) by striking ‘‘and’’ at the end of para5 graph (3); 

6 (B) by striking the period at the end of 

7 paragraph (4) and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(5) with respect to Annex VI to the Convention, 

10 and other than with respect to a ship referred to in 

11 paragraph (1)— 

12 ‘‘(A) to a ship that is in a port, shipyard, 

13 offshore terminal, or the internal waters of the 

14 United States; 

15 ‘‘(B) to a ship that is bound for, or depart16 ing from, a port, shipyard, offshore terminal, or 

17 the internal waters of the United States, and is 

18 in— 

19 ‘‘(i) the navigable waters of the United 

20 States; 

21 ‘‘(ii) an emission control area des22 ignated pursuant to section 4; or 

23 ‘‘(iii) any other area that the Adminis24 trator, in consultation with the Secretary 

25 and each State in which any part of the 

26 area is located, has designated by order as 


hsrobinson on PROD1PC76 with BILLS
40 

•HR 2701 RH

1 being an area from which emissions from 

2 ships are of concern with respect to protec3 tion of public health, welfare, or the envi4 ronment; 

5 ‘‘(C) to a ship that is entitled to fly the flag 

6 of, or operating under the authority of, a party 

7 to Annex VI, and is in— 

8 ‘‘(i) the navigable waters of the United 

9 States; 

10 ‘‘(ii) an emission control area des11 ignated under section 4; or 

12 ‘‘(iii) any other area that the Adminis13 trator, in consultation with the Secretary 

14 and each State in which any part of the 

15 area is located, has designated by order as 

16 being an area from which emissions from 

17 ships are of concern with respect to protec18 tion of public health, welfare, or the envi19 ronment; and 

20 ‘‘(D) to the extent consistent with inter21 national law, to any other ship that is in— 

22 ‘‘(i) the exclusive economic zone of the 

23 United States; 

24 ‘‘(ii) the navigable waters of the 

25 United States; 


hsrobinson on PROD1PC76 with BILLS
41 

•HR 2701 RH

1 ‘‘(iii) an emission control area des2 ignated under section 4; or 

3 ‘‘(iv) any other area that the Adminis4 trator, in consultation with the Secretary 

5 and each State in which any part of the 

6 area is located, has designated by order as 

7 being an area from which emissions from 

8 ships are of concern with respect to protec9 tion of public health, welfare, or the envi10 ronment.’’; 

11 (2) in subsection (b)— 

12 (A) in paragraph (1) by striking ‘‘para13 graph (2)’’ and inserting ‘‘paragraphs (2) and 

14 (3)’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(3) With respect to Annex VI the Administrator, or 

17 the Secretary, as relevant to their authorities pursuant to 

18 this Act, may determine that some or all of the requirements 

19 under this Act shall apply to one or more classes of public 

20 vessels, except that such a determination by the Adminis21 trator shall have no effect unless the head of the Department 

22 or agency under which the vessels operate concurs in the 

23 determination. This paragraph does not apply during time 

24 of war or during a declared national emergency.’’; 


hsrobinson on PROD1PC76 with BILLS
42 

•HR 2701 RH

1 (3) by redesignating subsections (c) through (g) 

2 as subsections (d) through (h), respectively; 

3 (4) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) APPLICATION TO OTHER PERSONS.—This Act 

6 shall apply to all persons to the extent necessary to ensure 

7 compliance with Annex VI to the Convention.’’; and 

8 (5) in subsection (e), as redesignated— 

9 (A) by inserting ‘‘or the Administrator, con10 sistent with section 4 of this Act,’’ after ‘‘Sec11 retary’’; 

12 (B) by striking ‘‘of section (3)’’ and insert13 ing ‘‘of this section’’; and 

14 (C) by striking ‘‘Protocol, including regula15 tions conforming to and giving effect to the re16 quirements of Annex V’’ and inserting ‘‘Protocol 

17 (or the applicable Annex), including regulations 

18 conforming to and giving effect to the require19 ments of Annex V and Annex VI’’. 

20 SEC. 454. ADMINISTRATION AND ENFORCEMENT. 

21 Section 4 (33 U.S.C. 1903) is amended— 

22 (1) by redesignating subsections (b) and (c) as 

23 subsections (c) and (d), respectively; 

24 (2) by inserting after subsection (a) the fol25 lowing: 


hsrobinson on PROD1PC76 with BILLS
43 

•HR 2701 RH

1 ‘‘(b) DUTY OF THE ADMINISTRATOR.—In addition to 

2 other duties specified in this Act, the Administrator and 

3 the Secretary, respectively, shall have the following duties 

4 and authorities: 

5 ‘‘(1) The Administrator shall, and no other per6 son may, issue Engine International Air Pollution 

7 Prevention certificates in accordance with Annex VI 

8 and the International Maritime Organization’s Tech9 nical Code on Control of Emissions of Nitrogen Ox10 ides from Marine Diesel Engines, on behalf of the 

11 United States for a vessel of the United States as that 

12 term is defined in section 116 of title 46, United 

13 States Code. The issuance of Engine International 

14 Air Pollution Prevention certificates shall be con15 sistent with any applicable requirements of the Clean 

16 Air Act (42 U.S.C. 7401 et seq.) or regulations pre17 scribed under that Act. 

18 ‘‘(2) The Administrator shall have authority to 

19 administer regulations 12, 13, 14, 15, 16, 17, 18, and 

20 19 of Annex VI to the Convention. 

21 ‘‘(3) The Administrator shall, only as specified 

22 in section 8(f), have authority to enforce Annex VI of 

23 the Convention.’’; and 

24 (3) in subsection (c), as redesignated— 


hsrobinson on PROD1PC76 with BILLS
44 

•HR 2701 RH

1 (A) by redesignating paragraph (2) as 

2 paragraph (4); 

3 (B) by inserting after paragraph (1) the fol4 lowing: 

5 ‘‘(2) In addition to the authority the Secretary has to 

6 prescribe regulations under this Act, the Administrator 

7 shall also prescribe any necessary or desired regulations to 

8 carry out the provisions of regulations 12, 13, 14, 15, 16, 

9 17, 18, and 19 of Annex VI to the Convention. 

10 ‘‘(3) In prescribing any regulations under this section, 

11 the Secretary and the Administrator shall consult with each 

12 other, and with respect to regulation 19, with the Secretary 

13 of the Interior.’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(5) No standard issued by any person or Federal au16 thority, with respect to emissions from tank vessels subject 

17 to regulation 15 of Annex VI to the Convention, shall be 

18 effective until 6 months after the required notification to 

19 the International Maritime Organization by the Sec20 retary.’’. 

21 SEC. 455. CERTIFICATES. 

22 Section 5 (33 U.S.C. 1904) is amended— 

23 (1) in subsection (a) by striking ‘‘The Secretary’’ 

24 and inserting ‘‘Except as provided in section 4(b)(1), 

25 the Secretary’’; 


hsrobinson on PROD1PC76 with BILLS
45 

•HR 2701 RH

1 (2) in subsection (b) by striking ‘‘Secretary 

2 under the authority of the MARPOL protocol.’’ and 

3 inserting ‘‘Secretary or the Administrator under the 

4 authority of this Act.’’; and 

5 (3) in subsection (e) by striking ‘‘environment.’’ 

6 and inserting ‘‘environment or the public health and 

7 welfare.’’. 

8 SEC. 456. RECEPTION FACILITIES. 

9 Section 6 (33 U.S.C. 1905) is amended— 

10 (1) in subsection (a) by adding at the end the 

11 following: 

12 ‘‘(3) The Secretary and the Administrator, after con13 sulting with appropriate Federal agencies, shall jointly pre14 scribe regulations setting criteria for determining the ade15 quacy of reception facilities for receiving ozone depleting 

16 substances, equipment containing such substances, and ex17 haust gas cleaning residues at a port or terminal, and stat18 ing any additional measures and requirements as are ap19 propriate to ensure such adequacy. Persons in charge of 

20 ports and terminals shall provide reception facilities, or en21 sure that reception facilities are available, in accordance 

22 with those regulations. The Secretary and the Adminis23 trator may jointly prescribe regulations to certify, and may 

24 issue certificates to the effect, that a port’s or terminal’s 

25 facilities for receiving ozone depleting substances, equipVerDate Aug 31 2005 23:07 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6203 E:\BILLS\H2701.RH H2701

hsrobinson on PROD1PC76 with BILLS
46 

•HR 2701 RH

1 ment containing such substances, and exhaust gas cleaning 

2 residues from ships are adequate.’’; 

3 (2) in subsection (b) by inserting ‘‘or the Admin4 istrator’’ after ‘‘Secretary’’; 

5 (3) in subsection (e) by striking paragraph (2) 

6 and inserting the following: 

7 ‘‘(2) The Secretary may deny the entry of a ship to 

8 a port or terminal required by the MARPOL Protocol, this 

9 Act, or regulations prescribed under this section relating to 

10 the provision of adequate reception facilities for garbage, 

11 ozone depleting substances, equipment containing those sub12 stances, or exhaust gas cleaning residues, if the port or ter13 minal is not in compliance with the MARPOL Protocol, 

14 this Act, or those regulations.’’; 

15 (4) in subsection (f)(1) by striking ‘‘Secretary 

16 is’’ and inserting ‘‘Secretary and the Administrator 

17 are’’; and 

18 (5) in subsection (f)(2) by striking ‘‘(A)’’. 

19 SEC. 457. INSPECTIONS. 

20 Section 8(f) (33 U.S.C. 1907(f)) is amended to read 

21 as follows: 

22 ‘‘(f)(1) The Secretary may inspect a ship to which this 

23 Act applies as provided under section 3(a)(5), to verify 

24 whether the ship is in compliance with Annex VI to the 

25 Convention and this Act. 


hsrobinson on PROD1PC76 with BILLS
47 

•HR 2701 RH

1 ‘‘(2) If an inspection under this subsection or any 

2 other information indicates that a violation has occurred, 

3 the Secretary, or the Administrator in a matter referred 

4 by the Secretary, may undertake enforcement action under 

5 this section. 

6 ‘‘(3) Notwithstanding subsection (b) and paragraph 

7 (2) of this subsection, the Administrator shall have all of 

8 the authorities of the Secretary, as specified in subsection 

9 (b) of this section, for the purposes of enforcing regulations 

10 17 and 18 of Annex VI to the Convention to the extent that 

11 shoreside violations are the subject of the action and in any 

12 other matter referred to the Administrator by the Sec13 retary.’’. 

14 SEC. 458. AMENDMENTS TO THE PROTOCOL. 

15 Section 10(b) (33 U.S.C. 1909(b)) is amended by in16 serting ‘‘or the Administrator as provided for in this Act,’’ 

17 after ‘‘Secretary,’’. 

18 SEC. 459. PENALTIES. 

19 Section 9 (33 U.S.C. 1908) is amended— 

20 (1) by striking ‘‘Protocol,,’’ each place it appears 

21 and inserting ‘‘Protocol,’’; 

22 (2) in subsection (b) by inserting ‘‘, or the Ad23 ministrator as provided for in this Act’’ after ‘‘Sec24 retary’’ the first place it appears; 


hsrobinson on PROD1PC76 with BILLS
48 

•HR 2701 RH

1 (3) in subsection (b)(2), by inserting ‘‘, or the 

2 Administrator as provided for in this Act,’’ after 

3 ‘‘Secretary’’; 

4 (4) in the matter after paragraph (2) of sub5 section (b)— 

6 (A) by inserting ‘‘, or the Administrator as 

7 provided for in this Act’’ after ‘‘Secretary’’ the 

8 first place it appears; and 

9 (B) by inserting ‘‘, or the Administrator as 

10 provided for in this Act,’’ after ‘‘Secretary’’ the 

11 second and third places it appears; 

12 (5) in subsection (c) by inserting ‘‘, or the Ad13 ministrator as provided for in this Act,’’ after ‘‘Sec14 retary’’ each place it appears; and 

15 (6) in subsection (f) by inserting ‘‘, or the Ad16 ministrator as provided for in this Act’’ after ‘‘Sec17 retary’’ the first place appears. 

18 SEC. 460. EFFECT ON OTHER LAWS. 

19 Section 15 (33 U.S.C. 1911) is amended to read as 

20 follows: 

21 ‘‘SEC. 15. EFFECT ON OTHER LAWS. 

22 ‘‘Authorities, requirements, and remedies of this Act 

23 supplement and neither amend nor repeal any other au24 thorities, requirements, or remedies conferred by any other 

25 provision of law. Nothing in this Act shall limit, deny, 


hsrobinson on PROD1PC76 with BILLS
49 

•HR 2701 RH

1 amend, modify, or repeal any other authority, requirement, 

2 or remedy available to the United States or any other per3 son, except as expressly provided in this Act.’’. 

4 TITLE V—AVIATION 

5 SEC. 501. CLEEN ENGINE AND AIRFRAME TECHNOLOGY 

6 PARTNERSHIP. 

7 (a) COOPERATIVE AGREEMENT.—Subchapter I of 

8 chapter 475 of tite 49, United States Code, is amended by 

9 adding at the end the following: 

10 ‘‘§ 47511. CLEEN engine and airframe technology 

11 partnership 

12 ‘‘(a) IN GENERAL.—The Administrator of the Federal 

13 Aviation Administration shall enter into a cooperative 

14 agreement, using a competitive process, with an institution, 

15 entity, or consortium to carry out a program for the devel16 opment, maturing, and certification of CLEEN engine and 

17 airframe technology for aircraft over the next 10 years. 

18 ‘‘(b) CLEEN ENGINE AND AIRFRAME TECHNOLOGY

19 DEFINED.—In this section, the term ‘CLEEN engine and 

20 airframe technology’ means continuous lower energy, emis21 sions, and noise engine and airframe technology. 

22 ‘‘(c) PERFORMANCE OBJECTIVE.—The Administrator 

23 shall establish the following performance objectives for the 

24 program, to be achieved by September 30, 2015: 


hsrobinson on PROD1PC76 with BILLS
50 

•HR 2701 RH

1 ‘‘(1) Development of certifiable aircraft tech2 nology that reduces greenhouse gas emissions by in3 creasing aircraft fuel efficiency by 25 percent relative 

4 to 1997 subsonic jet aircraft technology. 

5 ‘‘(2) Development of certifiable engine technology 

6 that reduces landing and takeoff cycle nitrogen oxide 

7 emissions by 50 percent, without increasing other gas8 eous or particle emissions, over the International 

9 Civil Aviation Organization standard adopted in 

10 2004. 

11 ‘‘(3) Development of certifiable aircraft tech12 nology that reduces noise levels by 10 decibels at each 

13 of the 3 certification points relative to 1997 subsonic 

14 jet aircraft technology. 

15 ‘‘(4) Determination of the feasibility of the use of 

16 alternative fuels in aircraft systems, including suc17 cessful demonstration and quantification of the bene18 fits of such fuels. 

19 ‘‘(5) Determination of the extent to which new 

20 engine and aircraft technologies may be used to ret21 rofit or re-engine aircraft to increase the integration 

22 of retrofitted and re-engined aircraft into the commer23 cial fleet. 

24 ‘‘(d) CLEAN COAL TO JET FUEL RESEARCH.— 


hsrobinson on PROD1PC76 with BILLS
51 

•HR 2701 RH

1 ‘‘(1) ESTABLISHMENT OF RESEARCH PRO2 GRAM.—The Secretary of Transportation shall con3 duct a research program related to developing jet fuel 

4 from clean coal through grants or other measures au5 thorized under section 106(l)(6) of such title, includ6 ing reimbursable agreements with other Federal agen7 cies. The Secretary may include as a purpose of the 

8 program a demonstration of the capture and seques9 tration of the carbon dioxide produced in the conver10 sion process of coal to jet fuel. The program shall in11 clude participation by educational and research insti12 tutions that have existing facilities and experience in 

13 the development and deployment of technology that 

14 processes coal to aviation fuel. 

15 ‘‘(2) DESIGNATION OF INSTITUTE AS A CENTER

16 OF EXCELLENCE.—Within 6 months after the date of 

17 enactment of this Act, the Administrator of the Fed18 eral Aviation Administration shall designate through 

19 a competitive process an institution described in sub20 section (a) as a Center of Excellence for Coal to Jet 

21 Fuel Research. 

22 ‘‘(e) FUNDING.—Of amounts appropriated under sec23 tion 48102(a), not more than the following amounts may 

24 be used to carry out this section: 

25 ‘‘(1) $6,000,000 for fiscal year 2008. 


hsrobinson on PROD1PC76 with BILLS
52 

•HR 2701 RH

1 ‘‘(2) $22,000,000 for fiscal year 2009. 

2 ‘‘(3) $33,000,000 for fiscal year 2010. 

3 ‘‘(4) $50,000,000 for fiscal year 2011. 

4 ‘‘(f) REPORT.—Beginning in fiscal year 2009, the Ad5 ministrator shall publish an annual report on the program 

6 established under this section until completion of the pro7 gram.’’. 

8 (b) CLERICAL AMENDMENT.—The analysis for such 

9 subchapter is amended by adding at the end the following: 

‘‘47511. CLEEN engine and airframe technology partnership.’’. 

10 SEC. 502. ENVIRONMENTAL MITIGATION PILOT PROGRAM. 

11 (a) ESTABLISHMENT.—The Secretary of Transpor12 tation shall establish a pilot program to carry out not more 

13 than 6 environmental mitigation demonstration projects at 

14 public-use airports. 

15 (b) GRANTS.—In implementing the program, the Sec16 retary may make a grant to the sponsor of a public-use 

17 airport from funds apportioned under section 

18 47117(e)(1)(A) of title 49, United States Code, to carry out 

19 an environmental mitigation demonstration project to 

20 measurably reduce or mitigate aviation impacts on noise, 

21 air quality, or water quality in the vicinity of the airport. 

22 (c) ELIGIBILITY FOR PASSENGER FACILITY FEES.— 

23 An environmental mitigation demonstration project that 

24 receives funds made available under this section may be 


hsrobinson on PROD1PC76 with BILLS
53 

•HR 2701 RH

1 considered an eligible airport-related project for purposes 

2 of section 40117 of such title. 

3 (d) SELECTION CRITERIA.—In selecting among appli4 cants for participation in the program, the Secretary shall 

5 give priority consideration to applicants proposing to carry 

6 out environmental mitigation demonstration projects that 

7 will— 

8 (1) achieve the greatest reductions in aircraft 

9 noise, airport emissions, or airport water quality im10 pacts either on an absolute basis or on a per dollar 

11 of funds expended basis; and 

12 (2) be implemented by an eligible consortium. 

13 (e) FEDERAL SHARE.—Notwithstanding any provi14 sion of subchapter I of chapter 471 of such title, the United 

15 States Government share of allowable project costs of an en16 vironmental mitigation demonstration project carried out 

17 under this section shall be 50 percent. 

18 (f) MAXIMUM AMOUNT.—The Secretary may not make 

19 grants for a single environmental mitigation demonstration 

20 project under this section in a total amount that exceeds 

21 $2,500,000. 

22 (g) PUBLICATION OF INFORMATION.—The Secretary 

23 may develop and publish information on the results of envi24 ronmental mitigation demonstration projects carried out 

25 under this section, including information identifying best 


hsrobinson on PROD1PC76 with BILLS
54 

•HR 2701 RH

1 practices for reducing or mitigating aviation impacts on 

2 noise, air quality, or water quality in the vicinity of air3 ports. 

4 (h) DEFINITIONS.—In this section, the following defi5 nitions apply: 

6 (1) ELIGIBLE CONSORTIUM.—The term ‘‘eligible 

7 consortium’’ means a consortium of 2 or more of the 

8 following entities: 

9 (A) A business incorporated in the United 

10 States. 

11 (B) A public or private educational or re12 search organization located in the United States. 

13 (C) An entity of a State or local govern14 ment. 

15 (D) A Federal laboratory. 

16 (2) ENVIRONMENTAL MITIGATION DEMONSTRA17 TION PROJECT.—The term ‘‘environmental mitigation 

18 demonstration project’’ means a project that— 

19 (A) demonstrates at a public-use airport en20 vironmental mitigation techniques or tech21 nologies with associated benefits, which have al22 ready been proven in laboratory demonstrations; 

23 (B) utilizes methods for efficient adaptation 

24 or integration of innovative concepts to airport 

25 operations; and 


hsrobinson on PROD1PC76 with BILLS
55 

•HR 2701 RH

1 (C) demonstrates whether a technique or 

2 technology for environmental mitigation identi3 fied in research is— 

4 (i) practical to implement at or near 

5 multiple public-use airports; and 

6 (ii) capable of reducing noise, airport 

7 emissions, greenhouse gas emissions, or 

8 water quality impacts in measurably sig9 nificant amounts. 

10 TITLE VI—PUBLIC BUILDINGS 

11 Subtitle A—General Services 

12 Administration 

13 SEC. 601. PUBLIC BUILDING ENERGY EFFICIENT AND RE14 NEWABLE ENERGY SYSTEMS. 

15 (a) ESTIMATE OF ENERGY PERFORMANCE IN PRO16 SPECTUS.—Section 3307(b) of title 40, United States Code, 

17 is amended— 

18 (1) by striking ‘‘and’’ at the end of paragraph 

19 (5); 

20 (2) by striking the period at the end of para21 graph (6) and inserting ‘‘; and’’; and 

22 (3) by inserting after paragraph (6) the fol23 lowing: 

24 ‘‘(7) with respect to any prospectus for the con25 struction, alteration, or acquisition of any building or 


hsrobinson on PROD1PC76 with BILLS
56 

•HR 2701 RH

1 space to be leased, an estimate of the future energy 

2 performance of the building or space and a specific 

3 description of the use of energy efficient and renew4 able energy systems, including photovoltaic systems, 

5 in carrying out the project.’’. 

6 (b) MINIMUM PERFORMANCE REQUIREMENTS FOR

7 LEASED SPACE.—Section 3307 of such of title is amend8 ed— 

9 (1) by redesignating subsections (f) and (g) as 

10 subsections (g) and (h), respectively; and 

11 (2) by inserting after subsection (e) the following: 

12 ‘‘(f) MINIMUM PERFORMANCE REQUIREMENTS FOR

13 LEASED SPACE.—With respect to space to be leased, the Ad14 ministrator shall include, to the maximum extent prac15 ticable, minimum performance requirements requiring en16 ergy efficiency and the use of renewable energy.’’. 

17 (c) USE OF ENERGY EFFICIENT LIGHTING FIXTURES

18 AND BULBS.— 

19 (1) IN GENERAL.—Chapter 33 of such title is 

20 amended— 

21 (A) by redesignating sections 3313, 3314, 

22 and 3315 as sections 3315, 3316, and 3317, re23 spectively; and 

24 (B) by inserting after section 3312 the fol25 lowing: 


hsrobinson on PROD1PC76 with BILLS
57 

•HR 2701 RH

1 ‘‘§ 3313. Use of energy efficient lighting fixtures and 

2 bulbs 

3 ‘‘(a) CONSTRUCTION, ALTERATION, AND ACQUISITION

4 OF PUBLIC BUILDINGS.—Each public building constructed, 

5 altered, or acquired by the Administrator of General Serv6 ices shall be equipped, to the maximum extent feasible as 

7 determined by the Administrator, with lighting fixtures and 

8 bulbs that are energy efficient. 

9 ‘‘(b) MAINTENANCE OF PUBLIC BUILDINGS.—Each 

10 lighting fixture or bulb that is replaced by the Adminis11 trator in the normal course of maintenance of public build12 ings shall be replaced, to the maximum extent feasible, with 

13 a lighting fixture or bulb that is energy efficient. 

14 ‘‘(c) CONSIDERATIONS.—In making a determination 

15 under this section concerning the feasibility of installing 

16 a lighting fixture or bulb that is energy efficient, the Ad17 ministrator shall consider— 

18 ‘‘(1) the life-cycle cost effectiveness of the fixture 

19 or bulb; 

20 ‘‘(2) the compatibility of the fixture or bulb with 

21 existing equipment; 

22 ‘‘(3) whether use of the fixture or bulb could re23 sult in interference with productivity; 

24 ‘‘(4) the aesthetics relating to use of the fixture 

25 or bulb; and 


hsrobinson on PROD1PC76 with BILLS
58 

•HR 2701 RH

1 ‘‘(5) such other factors as the Administrator de2 termines appropriate. 

3 ‘‘(d) ENERGY STAR.—A lighting fixture or bulb shall 

4 be treated as being energy efficient for purposes of this sec5 tion if— 

6 ‘‘(1) the fixture or bulb is certified under the En7 ergy Star program established by section 324A of the 

8 Energy Policy and Conservation Act (42 U.S.C. 

9 6294a); or 

10 ‘‘(2) the Administrator has otherwise determined 

11 that the fixture or bulb is energy efficient. 

12 ‘‘(e) APPLICABILITY OF BUY AMERICAN ACT.— 

13 Aquisitions carried out pursuant to this section shall be 

14 subject to the requirements of the Buy American Act (41 

15 U.S.C. 10c et seq.). 

16 ‘‘(f) EFFECTIVE DATE.—The requirements of sub17 sections (a) and (b) shall take effect one year after the date 

18 of enactment of this subsection.’’. 

19 (2) CONFORMING AMENDMENT.—The analysis for 

20 such chapter is amended by striking the items relat21 ing to sections 3313, 3314, and 3315 and inserting 

22 the following: 

‘‘3313. Use of energy efficient lighting fixtures and bulbs. 

‘‘3314. Maximum period for utility services contracts. 

‘‘3315. Delegation. 

‘‘3316. Report to Congress. 

‘‘3317. Certain authority not affected.’’. 


hsrobinson on PROD1PC76 with BILLS
59 

•HR 2701 RH

1 (d) MAXIMUM PERIOD FOR UTILITY SERVICE CON2 TRACTS.—Such chapter is further amended by inserting 

3 after section 3313 (as inserted by subsection (c)(1) of this 

4 section) the following: 

5 ‘‘§ 3314. Maximum period for utility service contracts 

6 ‘‘Notwithstanding section 501(b)(1)(B), the Adminis7 trator of General Services may contract for public utility 

8 services for a period of not more than 30 years if cost effec9 tive and necessary to promote the use of energy efficient 

10 and renewable energy systems, including photovoltaic sys11 tems.’’. 

12 (e) EVALUATION FACTOR.—Section 3310 of such title 

13 is amended— 

14 (1) by redesignating paragraphs (3), (4), and (5) 

15 as paragraphs (4), (5), and (6), respectively; and 

16 (2) by inserting after paragraph (2) the fol17 lowing: 

18 ‘‘(3) shall include in the solicitation for any 

19 lease requiring a prospectus under section 3307 an 

20 evaluation factor considering the extent to which the 

21 offeror will promote energy efficiency and the use of 

22 renewable energy;’’. 


hsrobinson on PROD1PC76 with BILLS
60 

•HR 2701 RH

1 SEC. 602. PUBLIC BUILDING LIFE-CYCLE COSTS. 

2 Section 544(a)(1) of the National Energy Conservation 

3 Policy Act (42 U.S.C. 8254(a)(1)) is amended by striking 

4 ‘‘25’’ and inserting ‘‘40’’. 

5 SEC. 603. INSTALLATION OF PHOTOVOLTAIC SYSTEM AT DE6 PARTMENT OF ENERGY HEADQUARTERS 

7 BUILDING. 

8 (a) IN GENERAL.—The Administrator of General 

9 Services shall install a photovoltaic system, as set forth in 

10 the Sun Wall Design Project, for the headquarters building 

11 of the Department of Energy located at 1000 Independence 

12 Avenue, SW., Washington, DC, commonly known as the 

13 Forrestal Building. 

14 (b) FUNDING.—There shall be available from the Fed15 eral Buildings Fund established by section 592 of title 40, 

16 United States Code, $30,000,000 to carry out this section. 

17 Such sums shall be derived from the unobligated balance 

18 of amounts made available from the Fund for fiscal year 

19 2007, and prior fiscal years, for repairs and alternations 

20 and other activities (excluding amounts made available for 

21 the energy program). Such sums shall remain available 

22 until expended. 

23 (c) OBLIGATION OF FUNDS.—None of the funds made 

24 available pursuant to subsection (b) may be obligated prior 

25 to September 30, 2007. 


hsrobinson on PROD1PC76 with BILLS
61 

•HR 2701 RH

1 Subtitle B—Coast Guard 

2 SEC. 631. PROHIBITION ON INCANDESCENT LAMPS BY 

3 COAST GUARD. 

4 (a) PROHIBITION.—Except as provided by subsection 

5 (b), on and after January 1, 2009, a general service incan6 descent lamp shall not be purchased or installed in a Coast 

7 Guard facility by or on behalf of the Coast Guard. 

8 (b) EXCEPTION.—A general service incandescent lamp 

9 may be purchased, installed, and used in a Coast Guard 

10 facility whenever the application of a general service incan11 descent lamp is— 

12 (1) necessary due to purpose or design, including 

13 medical, security, and industrial applications; 

14 (2) reasonable due to the architectural or histor15 ical value of a light fixture installed before January 

16 1, 2009; or 

17 (3) the Commandant of the Coast Guard deter18 mines that operational requirements necessitate the 

19 use of a general service incandescent lamp. 

20 (c) LIMITATION.—In this section, the term ‘‘facility’’ 

21 does not include a vessel or aircraft of the Coast Guard. 


hsrobinson on PROD1PC76 with BILLS
62 

•HR 2701 RH

1 Subtitle C—Architect of the Capitol 

2 SEC. 651. CAPITOL COMPLEX PHOTOVOLTAIC ROOF FEASI3 BILITY STUDY. 

4 (a) STUDY.—The Architect of the Capitol may perform 

5 a feasibility study regarding construction of a photovoltaic 

6 roof for the Rayburn House Office Building. 

7 (b) REPORT.—Not later than 6 months after the date 

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

9 transmit to the Committee on Transportation and Infra10 structure of the House of Representatives a report on the 

11 results of the feasibility study and recommendations regard12 ing construction of a photovoltaic roof for the building re13 ferred to in subsection (a). 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

15 authorized to be appropriated to carry out this section such 

16 sums as may be necessary for fiscal year 2008. 

17 SEC. 652. CAPITOL COMPLEX E–85 REFUELING STATION. 

18 (a) CONSTRUCTION.—The Architect of the Capitol may 

19 construct a fuel tank and pumping system for E–85 fuel 

20 at or within close proximity to the Capitol Grounds Fuel 

21 Station. 

22 (b) USE.—The E–85 fuel tank and pumping system 

23 shall be available for use by all legislative branch vehicles 

24 capable of operating with E–85 fuel, subject to such other 

25 legislative branch agencies reimbursing the Architect of the 


hsrobinson on PROD1PC76 with BILLS
63 

•HR 2701 RH

1 Capitol for the costs of E–85 fuel used by such other legisla2 tive branch vehicles. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

4 authorized to be appropriated to carry out this section such 

5 sums as may be necessary for fiscal year 2008. 

6 SEC. 653. ENERGY AND ENVIRONMENTAL MEASURES IN 

7 CAPITOL COMPLEX MASTER PLAN. 

8 (a) IN GENERAL.—To the maximum extent prac9 ticable, the Architect of the Capitol shall include energy effi10 ciency measures, climate change mitigation measures, and 

11 other appropriate environmental measures in the Capitol 

12 Complex Master Plan. 

13 (b) REPORT.—Not later than 6 months after the date 

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

15 submit to the Committee on Transportation and Infrastruc16 ture of the House of Representatives and the Committee on 

17 Rules of the Senate a report on the energy efficiency meas18 ures, climate change mitigation measures, and other appro19 priate environmental measures included in the Capitol 

20 Complex Master Plan pursuant to subsection (a). 

21 SEC. 654. CAPITOL POWER PLANT. 

22 (a) IN GENERAL.—For the purpose of reducing carbon 

23 dioxide emissions, the Architect of the Capitol shall install 

24 technologies for the capture and storage or use of carbon 


hsrobinson on PROD1PC76 with BILLS
64 

•HR 2701 RH

1 dioxide emitted from the Capitol Power plant as a result 

2 of burning coal. 

3 (b) CAPITOL POWER PLANT DEFINED.—In this sec4 tion, the term ‘‘Capitol power plant’’ means the power 

5 plant constructed in the vicinity of the Capitol Complex 

6 in the District of Columbia pursuant to the Act of April 

7 28, 1904 (33 Stat. 479, chapter 1762), and designated 

8 under the Act of March 4, 1911 (2 U.S.C. 2162). 

9 TITLE VII—WATER RESOURCES 

10 AND EMERGENCY MANAGE11 MENT PREPAREDNESS 

12 Subtitle A—Water Resources 

13 SEC. 701. POLICY OF THE UNITED STATES. 

14 It is the policy of the United States that all Federal 

15 water resources projects— 

16 (1) reflect national priorities for flood damage 

17 reduction, navigation, ecosystem restoration, and haz18 ard mitigation and consider the future impacts of in19 creased hurricanes, droughts, and other climate 

20 change-related weather events; 

21 (2) avoid the unwise use of floodplains, minimize 

22 vulnerabilities in any case in which a floodplain 

23 must be used, protect and restore the extent and func24 tions of natural systems, and mitigate any unavoid25 able damage to aquatic natural system; and 


hsrobinson on PROD1PC76 with BILLS
65 

•HR 2701 RH

1 (3) to the maximum extent possible, avoid im2 pacts to wetlands, which create natural buffers, help 

3 filter water, serve as recharge areas for aquifers, re4 duce floods and erosion, and provide valuable plant 

5 and animal habitat. 

6 SEC. 702. 21ST CENTURY WATER COMMISSION. 

7 (a) ESTABLISHMENT.—There is established a commis8 sion to be known as the 21st Century Water Commission 

9 (in this section referred to as the ‘‘Commission’’). 

10 (b) DUTIES.—The duties of the Commission shall be 

11 to— 

12 (1) use existing water assessments and conduct 

13 such additional studies and assessments as may be 

14 necessary to project— 

15 (A) future water supply and demand; 

16 (B) impacts of climate change to our Na17 tion’s flood risk and water demand; and 

18 (C) associated impacts of climate change on 

19 water quality; 

20 (2)(A) study current water management pro21 grams of Federal, interstate, State, and local agencies 

22 and private sector entities directed at increasing 

23 water supplies and improving the availability, reli24 ability, and quality of freshwater resources; and 


hsrobinson on PROD1PC76 with BILLS
66 

•HR 2701 RH

1 (B) evaluate such programs’ hazard mitigation 

2 strategies and contingency planning in light of cli3 mate change impacts, including sea level rise, flood4 ing, and droughts; and 

5 (3) consult with representatives of such agencies 

6 and entities to develop recommendations, consistent 

7 with laws, treaties, decrees, and interstate compacts, 

8 for a comprehensive water strategy to— 

9 (A) recognize the primary role of States in 

10 adjudicating, administering, and regulating 

11 water rights and water uses; 

12 (B) identify incentives intended to ensure 

13 an adequate and dependable supply of water to 

14 meet the needs of the United States for the next 

15 50 years and incentives to include the future im16 pacts of climate change on water supply and 

17 quality for the next 50 years; 

18 (C) eliminate duplication and conflict 

19 among Federal governmental programs; 

20 (D) consider all available technologies (in21 cluding climate change predictions, advanced 

22 modeling and mapping of wetlands, floodplains, 

23 and other critical areas) and other methods to 

24 optimize water supply reliability, availability, 

25 and quality, while safeguarding and enhancing 


hsrobinson on PROD1PC76 with BILLS
67 

•HR 2701 RH

1 the environment and planning for the potential 

2 impacts of climate change on water quality, 

3 water supply, flood and storm damage reduction, 

4 and ecosystem health; 

5 (E) recommend means of capturing excess 

6 water and flood water for conservation and use 

7 in the event of a drought; 

8 (F) identify adaptation techniques, or fur9 ther research needs of adaptation techniques, for 

10 effectively conserving freshwater and coastal sys11 tems as they respond to climate change; 

12 (G) suggest financing options, incentives, 

13 and strategies for development of comprehensive 

14 water management plans, holistically designed 

15 water resources projects, conservation of existing 

16 water resource infrastructure (including rec17 ommendations for repairing aging water infra18 structure) and to increase the use of non19 structural elements (including green infrastruc20 ture and low impact development techniques); 

21 (H) suggest strategies for avoiding increased 

22 mandates on State and local governments; 

23 (I) suggest strategies for using best available 

24 climate science in projections of future flood and 

25 drought risk, and for developing hazard mitigaVerDate Aug 31 2005 23:07 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6203 E:\BILLS\H2701.RH H2701

hsrobinson on PROD1PC76 with BILLS
68 

•HR 2701 RH

1 tion strategies to protect water quality, in ex2 treme weather conditions caused by climate 

3 change; 

4 (J) identify policies that encourage low im5 pact development, especially in areas near high 

6 priority aquatic systems; 

7 (K) suggest strategies for encouraging the 

8 use of, and reducing biases against, non9 structural elements and low impact development 

10 techniques when managing stormwater, includ11 ing features that— 

12 (i) preserve and restore natural proc13 esses, landforms (such as floodplains), nat14 ural vegetated stream side buffers, wetlands, 

15 or other topographical features that can 

16 slow, filter, and naturally store stormwater 

17 runoff and flood waters for future water 

18 supply and recharge of natural aquifers; 

19 (ii) utilize natural design techniques 

20 that infiltrate, filter, store, evaporate, and 

21 detain water close to its source; or 

22 (iii) minimize the use of impervious 

23 surfaces in order to slow or infiltrate pre24 cipitation; 


hsrobinson on PROD1PC76 with BILLS
69 

•HR 2701 RH

1 (L) suggest strategies for addressing in2 creased sewage overflow problems due to chang3 ing storm dynamics and the impact of aging 

4 stormwater and wastewater infrastructure, popu5 lation growth, and urban sprawl; 

6 (M) promote environmental restoration 

7 projects that reestablish natural processes; and 

8 (N) identify opportunities to promote exist9 ing or create regional planning, including op10 portunities to integrate climate change into 

11 water infrastructure and environmental con12 servation planning. 

13 (c) MEMBERSHIP.— 

14 (1) NUMBER AND APPOINTMENT.—The Commis15 sion shall be composed of 8 members who shall be ap16 pointed, not later than 90 days after the date of en17 actment of this Act, as follows: 

18 (A) 2 members appointed by the President. 

19 (B) 2 members appointed by the Speaker of 

20 the House of Representatives from a list of 4 in21 dividuals— 

22 (i) 2 nominated for that appointment 

23 by the chairman of the Committee on 

24 Transportation and Infrastructure of the 

25 House of Representatives; and 


hsrobinson on PROD1PC76 with BILLS
70 

•HR 2701 RH

1 (ii) 2 nominated for that appointment 

2 by the chairman of the Committee Natural 

3 Resources of the House of Representatives. 

4 (C) 2 members appointed by the majority 

5 leader of the Senate from a list of 4 individ6 uals— 

7 (i) 2 nominated for that appointment 

8 by the chairman of the Committee on Envi9 ronment and Public Works of the Senate; 

10 and 

11 (ii) 2 nominated for that appointment 

12 by the chairman of the Committee on En13 ergy and Natural Resources of the Senate. 

14 (D) One member appointed by the minority 

15 leader of the House of Representatives from a list 

16 of 2 individuals— 

17 (i) one nominated for that appoint18 ment by the ranking member of the Com19 mittee on Transportation and Infrastruc20 ture of the House of Representatives; and 

21 (ii) one nominated for that appoint22 ment by the ranking member of the Com23 mittee on Natural Resources of the Senate. 


hsrobinson on PROD1PC76 with BILLS
71 

•HR 2701 RH

1 (E) 1 member appointed by the minority 

2 leader of the Senate from a list of 2 individ3 uals— 

4 (i) one nominated for that appoint5 ment by the ranking member of the Com6 mittee on Environment and Public Works of 

7 the Senate; and 

8 (ii) one nominated for that appoint9 ment by the ranking member of the Com10 mittee on Energy and Natural Resources of 

11 the Senate. 

12 (2) QUALIFICATIONS.— 

13 (A) RECOGNIZED STANDING AND DISTINC14 TION.—Members shall be appointed to the Com15 mission from among individuals who are of rec16 ognized standing and distinction in water policy 

17 issues. 

18 (B) LIMITATION.—A person while serving 

19 as a member of the Commission may not hold 

20 any other position as an officer or employee of 

21 the United States, except as a retired officer or 

22 retired civilian employee of the United States. 

23 (C) OTHER CONSIDERATIONS.—In appoint24 ing members of the Commission, every effort 

25 shall be made to ensure that the members repVerDate Aug 31 2005 23:07 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6203 E:\BILLS\H2701.RH H2701

hsrobinson on PROD1PC76 with BILLS
72 

•HR 2701 RH

1 resent a broad cross section of regional and geo2 graphical perspectives in the United States. 

3 (3) CHAIRPERSON.—The Chairperson of the 

4 Commission shall be elected by a majority vote of the 

5 members of the Commission. 

6 (4) TERMS.—Members of the Commission shall 

7 serve for the life of the Commission. 

8 (5) VACANCIES.—A vacancy on the Commission 

9 shall not affect its operation and shall be filled in the 

10 manner in which the original appointment was 

11 made. 

12 (6) COMPENSATION AND TRAVEL EXPENSES.— 

13 Members of the Commission shall serve without com14 pensation; except that members shall receive travel ex15 penses, including per diem in lieu of subsistence, in 

16 accordance with applicable provisions under sub17 chapter I of chapter 57, United States Code. 

18 (d) MEETINGS AND QUORUM.— 

19 (1) MEETINGS.—The Commission shall hold its 

20 first meeting not later than 60 days after the date on 

21 which all original members are appointed under sub22 section (c) and shall hold additional meetings at the 

23 call of the Chairperson or a majority of its members. 


hsrobinson on PROD1PC76 with BILLS
73 

•HR 2701 RH

1 (2) QUORUM.—A majority of the members of the 

2 Commission shall constitute a quorum for the trans3 action of business. 

4 (e) DIRECTOR AND STAFF.— 

5 (1) DIRECTOR.—The Commission shall have a 

6 Director who shall be appointed by the Speaker of the 

7 House of Representatives and the majority leader of 

8 the Senate, in consultation with the minority leader 

9 of the House of Representatives, the chairmen of the 

10 Committees on Resources and Transportation and In11 frastructure of the House of Representatives, the mi12 nority leader of the Senate, and the chairmen of the 

13 Committee on Energy and Natural Resources and 

14 Environment and Public Works of the Senate. 

15 (2) APPLICABILITY OF CERTAIN CIVIL SERVICE

16 LAWS.—The Director and staff of the Commission 

17 may be appointed without regard to the provisions of 

18 title 5, United States Code, governing appointments 

19 in the competitive service, and may be paid without 

20 regard to the provisions of chapter 51 and subchapter 

21 III of chapter 53 of that title relating to classification 

22 and General Schedule pay rates; except that an indi23 vidual so appointed may not receive pay in excess of 

24 the annual rate of basic pay for GS–15 of the General 

25 Schedule. 


hsrobinson on PROD1PC76 with BILLS
74 

•HR 2701 RH

1 (f) HEARINGS.— 

2 (1) MINIMUM NUMBER.—The Commission shall 

3 hold no fewer than 10 hearings during the life of the 

4 Commission. 

5 (2) IN CONJUNCTION WITH MEETINGS.—Hear6 ings may be held in conjunction with meetings of the 

7 Commission. 

8 (3) TESTIMONY AND EVIDENCE.—The Commis9 sion may take such testimony and receive such evi10 dence as the Commission considers appropriate to 

11 carry out this section. 

12 (4) SPECIFIED.—At least one hearing shall be 

13 held in Washington, District of Columbia, for the 

14 purpose of taking testimony of representatives of Fed15 eral agencies, national organizations, and Members of 

16 Congress. At least one hearing shall focus on potential 

17 water resource issues relating to climate change and 

18 how to mitigate the harms of climate change-related 

19 weather events. 

20 (5) NONSPECIFIED.—Hearings, other than those 

21 referred to in paragraph (4), shall be scheduled in 

22 distinct geographical regions of the United States. In 

23 conducting such hearings, the Commission should seek 

24 to ensure testimony from individuals with a diversity 

25 of experiences, including those who work on water 


hsrobinson on PROD1PC76 with BILLS
75 

•HR 2701 RH

1 issues at all levels of government and in the private 

2 sector. 

3 (g) INFORMATION AND SUPPORT FROM FEDERAL

4 AGENCIES.—Upon request of the Commission, the head of 

5 a Federal department or agency shall— 

6 (1) provide to the Commission, within 30 days 

7 of the request, such information as the Commission 

8 considers necessary to carry out this section; and 

9 (2) detail to temporary duty with the Commis10 sion on a reimbursable basis such personnel as the 

11 Commission considers necessary to carry out this sec12 tion. 

13 (h) INTERIM REPORTS.—Not later than one year after 

14 the date of the first meeting of the Commission, and every 

15 year thereafter, the Commission shall submit an interim re16 port containing a detailed summary of its progress, includ17 ing meetings held and hearings conducted before the date 

18 of the report, to— 

19 (1) the President; and 

20 (2) Congress. 

21 (i) FINAL REPORT.—As soon as practicable, but not 

22 later than 5 years after the date of the first meeting of the 

23 Commission, the Commission shall submit a final report 

24 containing a detailed statement of the findings and conclu25 sions of the Commission and recommendations for legislaVerDate Aug 31 2005 23:07 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6203 E:\BILLS\H2701.RH H2701

hsrobinson on PROD1PC76 with BILLS
76 

•HR 2701 RH

1 tion and other policies to implement such findings and con2 clusions to— 

3 (1) the President; 

4 (2) the Committee on Resources and the Com5 mittee on Transportation and Infrastructure of the 

6 House of Representatives; and 

7 (3) the Committee on Energy and Natural Re8 sources and the Committee on the Environment and 

9 Public Works of the Senate. 

10 (j) TERMINATION.—The Commission shall terminate 

11 not later than 30 days after the date on which the Commis12 sion transmits a final report under subsection (h)(1). 

13 (k) APPLICABILITY OF FEDERAL ADVISORY COM14 MITTEE ACT.—The Federal Advisory Committee Act (5 

15 U.S.C. App. 1 et seq.) shall not apply to the Commission. 

16 (l) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated $12,000,000 to carry out this 

18 section. 

19 SEC. 703. IMPROVING HYDROPOWER CAPABILITIES. 

20 (a) STUDY.—The Secretary of the Army shall conduct 

21 a study on the potential for reduced fossil fuel consumption 

22 through an increase in hydropower capabilities of the Corps 

23 of Engineers. 

24 (b) CONTENTS.—The study shall include an examina25 tion of the potential for improving hydropower capabilities 


hsrobinson on PROD1PC76 with BILLS
77 

•HR 2701 RH

1 at dams owned or operated by the Corps of Engineers, in2 cluding the ecological impacts of such capabilities. 

3 (c) REPORT.—Not later than one year after the date 

4 of enactment of this Act, the Secretary shall submit to Con5 gress a report containing the results of the study conducted 

6 under this section. 

7 SEC. 704. STUDY OF POTENTIAL IMPACTS OF CLIMATE 

8 CHANGE ON WATER RESOURCES AND WATER 

9 QUALITY. 

10 (a) NATIONAL ACADEMY STUDY.—The Administrator 

11 of the Environmental Protection Agency shall enter into an 

12 arrangement with the National Academy of Sciences under 

13 which the Academy shall— 

14 (1) identify the potential impacts of climate 

15 change on the Nation’s water resources, watersheds, 

16 and water quality, including the potential for im17 pacts to wetlands, shoreline erosion, and saltwater in18 trusion as a result of sea level rise, and the potential 

19 for significant regional variation in precipitation 

20 events to impact Federal, State, and local efforts to 

21 attain or maintain water quality; 

22 (2) assess the extent to which Federal and State 

23 efforts under the Federal Water Pollution Control Act 

24 (33 U.S.C. 1251 et seq.) and other ocean and coastal 

25 laws may be affected by climate change; 


hsrobinson on PROD1PC76 with BILLS
78 

•HR 2701 RH

1 (3) identify prudent steps to assess emerging in2 formation and identify appropriate response actions 

3 to meet the requirements of such Act, including provi4 sions to attain or maintain water quality standards 

5 and for adequate stream flows for wetlands and 

6 aquatic resources; and 

7 (4) recommend, if necessary, potential legislative 

8 or regulatory changes to address impacts of global cli9 mate change on efforts to restore and maintain the 

10 chemical, physical, and biological integrity of the Na11 tion’s waters. 

12 (b) RECOMMENDATIONS.—Not later than 2 years after 

13 the date of the enactment of this Act, the Administrator 

14 shall transmit to Congress a report on the results of the 

15 study under this section. 

16 SEC. 705. IMPACTS OF CLIMATE CHANGE ON CORPS OF EN17 GINEERS PROJECTS. 

18 (a) IN GENERAL.—The Secretary of the Army shall en19 sure that water resources projects and studies carried out 

20 by the Corps of Engineers after the date of enactment of 

21 this Act take into account the potential short and long term 

22 effects of climate change on such projects. 

23 (b) CONSIDERATION.—In carrying out this section, the 

24 Secretary shall utilize a representative range of climate 

25 change scenarios, including the current analyses of the 


hsrobinson on PROD1PC76 with BILLS
79 

•HR 2701 RH

1 United States Climate Change Science Program and the 

2 Intergovernmental Panel on Climate Change. 

3 (c) REPORT TO CONGRESS.—Not later than one year 

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

5 submit to the Committee on Transportation and Infrastruc6 ture of the House of Representatives and the Committee on 

7 Environment and Public Works of the Senate a report on 

8 the implementation of this section. 

9 Subtitle B—Emergency 

10 Management 

11 SEC. 731. EFFECTS OF CLIMATE CHANGE ON FEMA PRE12 PAREDNESS, RESPONSE, RECOVERY, AND 

13 MITIGATION PROGRAMS. 

14 (a) STUDY.—The Administrator of the Federal Emer15 gency Management Agency shall conduct a comprehensive 

16 study of the increase in demand for the Agency’s emergency 

17 preparedness, response, recovery, and mitigation programs 

18 and services that may be reasonably anticipated as a result 

19 of an increased number and intensity of natural disasters 

20 affected by climate change, including hurricanes, floods, tor21 nadoes, fires, droughts, and severe storms. 

22 (b) CONTENTS.—The study shall include an analysis 

23 of the budgetary and personnel needs of meeting the in24 creased demand for Agency services referred to in subsection 

25 (a). 


hsrobinson on PROD1PC76 with BILLS
80 

•HR 2701 RH

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

2 of enactment of this Act, the Administrator shall submit 

3 to the Committee on Transportation and Infrastructure of 

4 the House of Representatives and the Committee on Home5 land Security and Governmental Affairs of the Senate a 

6 report and any legislative recommendations on the study 

7 conducted under this section. 


hsrobinson on PROD1PC76 with BILLS

hsrobinson on PROD1PC76 with BILLS
Union Calendar No. 581 

110TH CONGRESS 

2D SESSION H. R. 2701 

[Report No. 110-904] 

A BILL 

To strengthen our Nation’s energy security and 

poses. aster preparedness planning, and for other purensuring sound water resource and natural disnative fuel vehicles and renewable energy, and buildings, creating incentives for the use of altermoting energy efficient transportation and public mitigate the effects of climate change by proSEPTEMBER 29, 2008 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


hsrobinson on PROD1PC76 with BILLS