I 

110TH CONGRESS 

1ST SESSION H. R. 2701 

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 

A BILL 

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. 

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

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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Transportation Energy Security and Climate Change 

4 Mitigation Act of 2007’’. 

5 (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. 

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. 

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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. 

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. 

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 find3 ings: 

4 (1) Evidence that atmospheric warming and cli5 mate change are occurring is unequivocal. 

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1 (2) Observed and anticipated impacts of climate 

2 change can result in economic harm and environ3 mental damage to the United States and the world. 

4 (3) The Nation’s water resources, ecosystems, 

5 and infrastructure will be under increasing stress 

6 and pressure in coming decades, particularly due to 

7 climate change. 

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

9 methane, and nitrous oxides, can lead to atmos10 pheric warming and climate change. 

11 (5) Transportation and buildings are among the 

12 leading sources of greenhouse gas emissions. 

13 (6) Increased reliance on energy efficient and 

14 renewable energy transportation and public buildings 

15 can strengthen our Nation’s energy security and 

16 mitigate the effects of climate change by cutting 

17 greenhouse gas emissions. 

18 (7) The Federal Government can strengthen 

19 our Nation’s energy security and mitigate the effects 

20 of climate change by promoting energy efficient 

21 transportation and public buildings, creating incen22 tives for the use of alternative fuel vehicles and re23 newable energy, and ensuring sound water resource 

24 and natural disaster preparedness planning. 

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

2 strengthen our Nation’s energy security and mitigate the 

3 effects of climate change by promoting energy efficient 

4 transportation and public buildings, creating incentives for 

5 the use of alternative fuel vehicles and renewable energy, 

6 and ensuring sound water resource and natural disaster 

7 preparedness planning. 

8 TITLE I—DEPARTMENT OF 

9 TRANSPORTATION 

10 SEC. 101. CENTER FOR CLIMATE CHANGE AND ENVIRON11 MENT. 

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

13 States Code, is amended— 

14 (1) by redesignating subsection (g) as sub15 section (h); and 

16 (2) by adding at the end the following: 

17 ‘‘(g) CENTER FOR CLIMATE CHANGE AND ENVIRON18 MENT.— 

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

20 the Department a Center for Climate Change and 

21 Environment to plan, coordinate, and implement— 

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

23 and actions to reduce transportation-related en24 ergy use and mitigate the effects of climate 

25 change; and 

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1 ‘‘(B) department-wide research strategies 

2 and action to address the impacts of climate 

3 change on transportation systems and infra4 structure. 

5 ‘‘(2) CLEARINGHOUSE.—The Center shall es6 tablish a clearinghouse of low-cost solutions to re7 duce congestion and transportation-related energy 

8 use and mitigate the effects of climate change.’’. 

9 (b) LOW-COST CONGESTION SOLUTIONS.— 

10 (1) STUDY.—The Center for Climate Change 

11 and Environment of the Department of Transpor12 tation shall conduct a study to examine fuel effi13 ciency savings and clean air impacts of major trans14 portation projects and to identify low-cost solutions 

15 to reduce congestion and transportation-related en16 ergy use and mitigate the effects of climate change. 

17 (2) REPORT.—Not later than 1 year after the 

18 date of enactment of this Act, the Secretary of 

19 Transportation shall transmit to the Committee on 

20 Transportation and Infrastructure of the House of 

21 Representatives a report on low-cost solutions to re22 ducing congestion and transportation-related energy 

23 use and mitigating the effects of climate change. 

24 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to the Secretary for the 

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1 Center to carry out its duties under section 102(g) of title 

2 49, United States Code, such sums as may be necessary 

3 for fiscal years 2008 through 2011. 

4 TITLE II—HIGHWAYS AND 

5 TRANSIT 

6 Subtitle A—Public Transportation 

7 SEC. 201. GRANTS TO IMPROVE PUBLIC TRANSPORTATION 

8 SERVICES. 

9 (a) AUTHORIZATIONS OF APPROPRIATIONS.— 

10 (1) URBANIZED AREA FORMULA GRANTS.—In 

11 addition to amounts allocated under section 

12 5338(b)(2)(B) of title 49, United States Code, to 

13 carry out section 5307 of such title, there is author14 ized to be appropriated $750,000,000 for each fiscal 

15 years 2008 and 2009 to carry out such section 

16 5307. Such funds shall be apportioned in accordance 

17 with section 5336 (other than subsections (i)(1) and 

18 (j)) of such title but may not be combined or com19 mingled with any other funds apportioned under 

20 such section 5336. 

21 (2) FORMULA GRANTS FOR OTHER THAN UR22 BANIZED AREAS.—In addition to amounts allocated 

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

24 States Code, to carry out section 5311 of such title, 

25 there is authorized to be appropriated $100,000,000 

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1 for each of fiscal years 2008 and 2009 to carry out 

2 such section 5311. Such funds shall be apportioned 

3 in accordance with such section 5311 but may not 

4 be combined or commingled with any other funds 

5 apportioned under such section 5311. 

6 (b) USE OF FUNDS.— 

7 (1) IN GENERAL.—Notwithstanding sections 

8 5307 and 5311 of title 49, United States Code, the 

9 Secretary of Transportation may make grants under 

10 such sections from amounts appropriated under sub11 section (a) only for one or more of the following: 

12 (A) If the recipient of the grant is reduc13 ing, or certifies to the Secretary that, during 

14 the term of the grant, the recipient will reduce 

15 one or more fares the recipient charges for pub16 lic transportation, those operating costs of 

17 equipment and facilities being used to provide 

18 the public transportation that the recipient is 

19 no longer able to pay from the revenues derived 

20 from such fare or fares as a result of such re21 duction. 

22 (B) If the recipient of the grant is expand23 ing, or certifies to the Secretary that, during 

24 the term of the grant, the recipient will expand 

25 public transportation service, those operating 

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1 and capital costs of equipment and facilities 

2 being used to provide the public transportation 

3 service that the recipient incurs as a result of 

4 the expansion of such service. 

5 (c) FEDERAL SHARE.—Notwithstanding any other 

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

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

8 (d) PERIOD OF AVAILABILITY.—Funds appropriated 

9 under this section shall remain available for a period of 

10 2 fiscal years. 

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

12 COMPLIANCE. 

13 Notwithstanding section 5323(i)(1) of title 49, 

14 United States Code, a grant for a project to be assisted 

15 under chapter 53 of such title during fiscal years 2008 

16 and 2009 that involves acquiring clean fuel or alternative 

17 fuel vehicle-related equipment or facilities for the purposes 

18 of complying with or maintaining compliance with the 

19 Clean Air Act (42 U.S.C. 7401 et seq.) shall be for 100 

20 percent of the net project cost of the equipment or facility 

21 attributable to compliance with that Act. 

22 SEC. 203. COMMUTER RAIL TRANSIT ENHANCEMENT. 

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

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

25 following: 

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1 ‘‘CHAPTER 285—COMMUTER RAIL 

2 TRANSIT ENHANCEMENT 

‘‘CHAPTER 285—COMMUTER RAIL TRANSIT ENHANCEMENT 

‘‘Sec. 

‘‘28501. Definitions 

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

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

‘‘28504. Applicability of other laws. 

‘‘28505. Rules and regulations. 

3 ‘‘§ 28501. Definitions 

4 ‘‘In this chapter— 

5 ‘‘(1) the term ‘Board’ means the Surface 

6 Transportation Board; 

7 ‘‘(2) the term ‘capital work’ means mainte8 nance, restoration, reconstruction, capacity enhance9 ment, or rehabilitation work on trackage that would 

10 be treated, in accordance with generally accepted ac11 counting principles, as a capital item rather than an 

12 expense; 

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

14 means public transportation (as defined in section 

15 5302(a)(10)) provided on, by, or using a fixed guide16 way (as defined in section 5302(a)(4)); 

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

18 means a local governmental authority (as defined in 

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

20 a contract providing for, fixed guideway transpor21 tation; 

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

2 other than a governmental authority, providing com3 mon carrier railroad transportation for compensation 

4 subject to the jurisdiction of the Board under chap5 ter 105; 

6 ‘‘(6) the term ‘segregated fixed guideway facil7 ity’ means a fixed guideway facility constructed 

8 within the railroad right-of-way of a rail carrier but 

9 physically separate from trackage, including relo10 cated trackage, within the right-of-way used by a 

11 rail carrier for freight transportation purposes; and 

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

13 of a rail carrier, including a spur, industrial, team, 

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

15 of a rail carrier. 

16 ‘‘§ 28502. Surface Transportation Board adjudication 

17 of trackage use requests 

18 ‘‘(a) AUTHORITY.—If, after a reasonable period of 

19 negotiation, a public transportation authority cannot 

20 reach agreement with a rail carrier to use trackage of, and 

21 have related services provided by, the rail carrier for pur22 poses of fixed guideway transportation, the public trans23 portation authority or the rail carrier may apply to the 

24 Board for adjudication. The applicant may request any 

25 type of binding or nonbinding adjudication procedures, inmstockstill on PROD1PC66 with BILLS

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1 cluding mediation, arbitration, or a hearing, that the 

2 Board has in place at the time of the application. The 

3 public transportation authority or rail carrier may only re4 quest binding adjudication if the authority and the carrier 

5 have engaged in nonbinding mediation with respect to the 

6 trackage and related services by the Board in accordance 

7 with the mediation process of section 1109.4 of title 49, 

8 Code of Federal Regulations, as in effect on the date of 

9 enactment of this section. If the Board, after a binding 

10 adjudication procedure, finds it necessary to carry out this 

11 chapter, the Board may— 

12 ‘‘(1) order that the trackage be made available 

13 and the related services be provided to the public 

14 transportation authority; and 

15 ‘‘(2) prescribe reasonable terms, conditions, and 

16 compensation for use of the trackage and provision 

17 of the related services. 

18 ‘‘(b) RAIL CAPACITY AND QUALITY OF SERVICE

19 STANDARDS FOR ISSUING ORDER.—The Board may issue 

20 an order under subsection (a) only if the Board finds— 

21 ‘‘(1) that sufficient track capacity exists to ac22 commodate the trackage that would be made avail23 able, and the related services that would be provided, 

24 under the order; and 

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1 ‘‘(2) the trackage that would be made available, 

2 and the related services that would be provided, 

3 under the order would not adversely affect the qual4 ity of service provided by the rail carrier. 

5 ‘‘(c) STANDARD FOR REASONABLE COMPENSA6 TION.—When prescribing reasonable compensation under 

7 subsection (a)(2), the Board shall consider alternative cost 

8 allocation principles, including incremental cost and fully 

9 allocated cost. The Board shall consider rail capacity and 

10 quality of service provided by the rail carrier as major fac11 tors when determining compensation for the use of the 

12 trackage and providing the related services. 

13 ‘‘(d) FINAL DETERMINATION.—The Board shall 

14 make a determination under this section not later than 

15 120 days in the case of a nonbinding proceeding, and 180- 

16 days in the case of a binding proceeding, after a public 

17 transportation authority or a rail carrier submits an appli18 cation to the Board. 

19 ‘‘§ 28503. Surface Transportation Board adjudication 

20 of rights-of-way use requests 

21 ‘‘(a) GENERAL AUTHORITY.—If, after a reasonable 

22 period of negotiation, a public transportation authority 

23 cannot reach agreement with a rail carrier to acquire an 

24 interest in a railroad right-of-way for the construction and 

25 operation of a segregated fixed guideway facility, the pubmstockstill on PROD1PC66 with BILLS

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1 lic transportation authority or the rail carrier may apply 

2 to the Board for adjudication. The applicant may request 

3 any type of binding or nonbinding adjudication proce4 dures, including mediation, arbitration, or a hearing, that 

5 the Board has in place at the time of the application. The 

6 public transportation authority or rail carrier may only re7 quest binding adjudication if the authority and the carrier 

8 have engaged in nonbinding mediation with respect to the 

9 acquisition by the Board in accordance with the mediation 

10 process of section 1109.4 of title 49, Code of Federal Reg11 ulations, as in effect on the date of enactment of this sec12 tion. If the Board, after a binding adjudication procedure, 

13 finds it necessary to carry out this chapter, the Board may 

14 order the rail carrier to convey an interest to the public 

15 transportation authority only if— 

16 ‘‘(1) the Board finds that— 

17 ‘‘(A) sufficient right-of-way exists to ac18 commodate any necessary relocation of the rail 

19 carrier’s trackage; and 

20 ‘‘(B) such conveyance will not adversely af21 fect the quality of service provided by the rail 

22 carrier; 

23 ‘‘(2) the public transportation authority as24 sumes a reasonable allocation of costs associated 

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1 with any necessary relocation of the rail carrier’s 

2 trackage within the right-of-way; and 

3 ‘‘(3) the fixed guideway transportation purpose 

4 of the proposed segregated fixed guideway facility 

5 cannot be met adequately at a reasonable cost by ac6 quiring an interest in other property. 

7 ‘‘(b) JUST COMPENSATION.—A conveyance ordered 

8 by the Board under this section shall be subject to the 

9 payment of just compensation and to such other reason10 able terms as the Board may prescribe. 

11 ‘‘§ 28504. Applicability of other laws 

12 ‘‘(a) BOARD REVIEW OR APPROVAL.—Operations or 

13 conveyances undertaken pursuant to an order issued 

14 under section 28502 or 28503 are not subject to Board 

15 review or approval unless the Board, on a case-by-case 

16 basis, has determined that the public transportation au17 thority has assumed rights or obligations under such order 

18 to provide transportation subject to the jurisdiction of the 

19 Board under chapter 105. 

20 ‘‘(b) CONTRACTUAL OBLIGATIONS FOR CLAIMS.— 

21 Nothing in this chapter shall be construed to limit a rail 

22 transportation provider’s right under section 28103(b) to 

23 enter into contracts that allocate financial responsibility 

24 for claims. 

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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 regu4 lations as may be necessary to carry out this chapter, in5 cluding rules to ensure that the Board considers alter6 native cost allocation principles under section 28502.’’. 

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

8 of such subtitle is amended by adding after the item relat9 ing to chapter 283 the following: 

‘‘285. Commuter Rail Transit Enhancement ...........................28501’’. 

10 Subtitle B—Federal-Aid Highways 

11 SEC. 251. INCREASED FEDERAL SHARE FOR CMAQ 

12 PROJECTS. 

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

14 amended— 

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

16 CERTAIN SAFETY PROJECTS’’; 

17 (2) by striking ‘‘The Federal share’’ and insert18 ing the following: 

19 ‘‘(1) CERTAIN SAFETY PROJECTS.—The Fed20 eral share’’; and 

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

22 ‘‘(2) CMAQ PROJECTS.—The Federal share 

23 payable on account of a project or program carried 

24 out under section 149 with funds obligated in fiscal 

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1 year 2008 or 2009, or both, shall be 100 percent of 

2 the cost thereof.’’. 

3 SEC. 252. DISTRIBUTION OF RESCISSIONS. 

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

5 amounts that are appropriated from the Highway Trust 

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

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

8 date of enactment of this Act and that are rescinded after 

9 such date of enactment shall be distributed within each 

10 State (as defined in section 101 of such title) among all 

11 programs for which funds are apportioned under such 

12 chapter for such fiscal year, to the extent sufficient funds 

13 remain available for obligation, in the ratio that the 

14 amount of funds apportioned for each program under such 

15 chapter for such fiscal year, bears to the amount of funds 

16 apportioned for all such programs under such chapter for 

17 such fiscal year. 

18 (b) TREATMENT OF TRANSPORTATION ENHANCE19 MENT SET-ASIDE AND FUNDS SUBALLOCATED TO SUB20 STATE AREAS.—Funds set aside under sections 133(d)(2) 

21 and 133(d)(3) of title 23, United States Code, shall be 

22 treated as being apportioned under chapter 1 of such title 

23 for purposes of subsection (a). 

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1 SEC. 253. SENSE OF CONGRESS REGARDING USE OF COM2 PLETE STREETS DESIGN TECHNIQUES. 

3 It is the sense of Congress that in constructing new 

4 roadways or rehabilitating existing facilities, State and 

5 local governments should employ policies designed to ac6 commodate all users, including motorists, pedestrians, cy7 clists, transit riders, and people of all ages and abilities, 

8 in order to— 

9 (1) serve all surface transportation users by 

10 creating a more interconnected and intermodal sys11 tem; 

12 (2) create more viable transportation options; 

13 and 

14 (3) facilitate the use of environmentally-friendly 

15 options, such as public transportation, walking, and 

16 bicycling. 

17 TITLE III—RAILROAD AND 

18 PIPELINE TRANSPORTATION 

19 Subtitle A—Railroads 

20 SEC. 301. GREEN LOCOMOTIVE GRANT PROGRAM. 

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

22 shall establish a program for making grants to railroad 

23 carriers and State and local governments for assistance 

24 in purchasing qualified locomotives. 

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1 (b) RAILROAD CARRIER DEFINED.—The term ‘‘rail2 road carrier’’ has the meaning that the term has in section 

3 20102 of title 49, United States Code. 

4 (c) USE OF FUNDS.—— 

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

6 to a railroad carrier or a State or local govern7 ment— 

8 (A) to purchase locomotives, including 

9 switch locomotives, that exceed the Environ10 mental Protection Agency’s emission standards 

11 for locomotives and locomotive engines; or 

12 (B) to recondition locomotives, including 

13 switch locomotives, to ensure that such loco14 motives meet or exceed the Environmental Pro15 tection Agency’s emission standards for loco16 motives and locomotive engines. 

17 (2) LIMITATION.—Notwithstanding paragraph 

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

19 the costs of emission reductions that are mandated 

20 under Federal, State, or local law. 

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

22 grants under this section, the Secretary shall consider— 

23 (1) the identified need for locomotives that ex24 ceed the Environmental Protection Agency’s emismstockstill on PROD1PC66 with BILLS

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1 sion standards for locomotives or locomotive engines 

2 in the areas served by the applicant; 

3 (2) the benefits of the emissions reductions of 

4 the proposed project; and 

5 (3) the extent to which the applicant dem6 onstrates innovative strategies and a financial com7 mitment to increasing energy efficiency and reducing 

8 greenhouse gas emissions of its railroad operations. 

9 (e) COMPETITIVE GRANT SELECTION.—The Sec10 retary shall conduct a national solicitation for applications 

11 for grants under this section and shall select grantees on 

12 a competitive basis. 

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

14 costs for a project under this section shall not exceed 90 

15 percent of the project cost. 

16 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to the Secretary 

18 $50,000,000 for each of the fiscal years 2008 through 

19 2011 to carry out this section. Such funds shall remain 

20 available until expended. 

21 SEC. 302. CAPITAL GRANTS FOR RAILROAD TRACK. 

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

23 States Code, is amended to read as follows: 

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1 ‘‘CHAPTER 223—CAPITAL GRANTS FOR 

2 RAILROAD TRACK 

‘‘Sec. 

‘‘22301. Capital grants for railroad track. 

3 ‘‘§ 22301. Capital grants for railroad track 

4 ‘‘(a) ESTABLISHMENT OF PROGRAM.— 

5 ‘‘(1) ESTABLISHMENT.—The Secretary of 

6 Transportation shall establish a program of capital 

7 grants for the rehabilitation, preservation, or im8 provement of railroad track (including roadbed, 

9 bridges, and related track structures) of class II and 

10 class III railroads. Such grants shall be for rehabili11 tating, preserving, or improving track used primarily 

12 for freight transportation to a standard ensuring 

13 that the track can be operated safely and efficiently, 

14 including grants for rehabilitating, preserving, or im15 proving track to handle 286,000 pound rail cars. 

16 Grants may be provided under this chapter— 

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

18 railroad; or 

19 ‘‘(B) with the concurrence of the class II 

20 or class III railroad, to a State or local govern21 ment. 

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

23 III railroad applicants for a grant under this chap24 ter are encouraged to utilize the expertise and assistmstockstill on PROD1PC66 with BILLS

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1 ance of State transportation agencies in applying for 

2 and administering such grants. State transportation 

3 agencies are encouraged to provide such expertise 

4 and assistance to such railroads. 

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

6 December 31, 2007, the Secretary shall issue tem7 porary regulations to implement the program under 

8 this section. Subchapter II of chapter 5 of title 5 

9 does not apply to a temporary regulation issued 

10 under this paragraph or to an amendment to such 

11 a temporary regulation. 

12 ‘‘(4) FINAL REGULATIONS.—Not later than Oc13 tober 1, 2008, the Secretary shall issue final regula14 tions to implement the program under this section. 

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

16 Federal share for carrying out a project under this section 

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

18 share may be provided by any non-Federal source in cash, 

19 equipment, or supplies. Other in-kind contributions may 

20 be approved by the Secretary on a case-by-case basis con21 sistent with this chapter. 

22 ‘‘(c) PROJECT ELIGIBILITY.—For a project to be eli23 gible for assistance under this section the track must have 

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

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

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1 ‘‘(d) USE OF FUNDS.—Grants provided under this 

2 section shall be used to implement track capital projects 

3 as soon as possible. In no event shall grant funds be con4 tractually obligated for a project later than the end of the 

5 third Federal fiscal year following the year in which the 

6 grant was awarded. Any funds not so obligated by the end 

7 of such fiscal year shall be returned to the Secretary for 

8 reallocation. 

9 ‘‘(e) EMPLOYEE PROTECTION.—The Secretary shall 

10 require as a condition of any grant made under this sec11 tion that the recipient railroad provide a fair arrangement 

12 at least as protective of the interests of employees who 

13 are affected by the project to be funded with the grant 

14 as the terms imposed under section 11326(a), as in effect 

15 on the date of the enactment of this chapter. 

16 ‘‘(f) LABOR STANDARDS.— 

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

18 ensure that laborers and mechanics employed by 

19 contractors and subcontractors in construction work 

20 financed by a grant made under this section will be 

21 paid wages not less than those prevailing on similar 

22 construction in the locality, as determined by the 

23 Secretary of Labor under subchapter IV of chapter 

24 31 of title 40 (commonly known as the ‘Davis-Bacon 

25 Act’). The Secretary shall make a grant under this 

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1 section only after being assured that required labor 

2 standards will be maintained on the construction 

3 work. 

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

5 bargaining agreement negotiated under the Railway 

6 Labor Act (45 U.S.C. 151 et seq.) are deemed for 

7 purposes of this subsection to comply with the sub8 chapter IV of chapter 31 of title 40. 

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

10 of the projects carried out with grant assistance under this 

11 section to determine the public interest benefits associated 

12 with the light density railroad networks in the States and 

13 their contribution to a multimodal transportation system. 

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

15 to Congress any recommendations the Secretary considers 

16 appropriate regarding the eligibility of light density rail 

17 networks for Federal infrastructure financing. 

18 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to the Secretary of 

20 Transportation $250,000,000 for each of fiscal years 2008 

21 through 2011 for carrying out this section.’’. 

22 (b) CONFORMING AMENDMENT.—The item relating 

23 to chapter 223 in the table of chapters of subtitle V of 

24 title 49, United States Code, is amended to read as fol25 lows: 

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

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1 Subtitle B—Pipelines 

2 SEC. 311. FEASIBILITY STUDIES. 

3 (a) IN GENERAL.—The Secretary of Energy, in co4 ordination with the Secretary of Transportation, shall con5 duct feasibility studies for the construction of pipelines 

6 dedicated to the transportation of ethanol. 

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

8 of enactment of this Act, the Secretary of Energy shall 

9 submit to the Committee on Transportation and Infra10 structure of the House of Representatives and the Com11 mittee on Commerce, Science, and Transportation of the 

12 Senate a report on such feasibility studies. 

13 (c) STUDY FACTORS.—Feasibility studies funded 

14 under this subtitle shall include consideration of— 

15 (1) existing or potential barriers to the con16 struction of pipelines dedicated to the transportation 

17 of ethanol, including technical, siting, financing, and 

18 regulatory barriers; 

19 (2) market risk, including throughput risk; 

20 (3) regulatory, financing, and siting options 

21 that would mitigate such risk and help ensure the 

22 construction of pipelines dedicated to the transpor23 tation of ethanol; 

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1 (4) ensuring the safe transportation of ethanol 

2 and preventive measures to ensure pipeline integrity; 

3 and 

4 (5) such other factors as the Secretary of En5 ergy considers appropriate. 

6 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to the Secretary of En8 ergy to carry out this section $1,000,000 for each of the 

9 fiscal years 2008 and 2009, to remain available until ex10 pended. 

11 TITLE IV—MARITIME 

12 TRANSPORTATION 

13 Subtitle A—General Provisions 

14 SEC. 401. SHORT SEA TRANSPORTATION INITIATIVE. 

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

16 amended by adding after chapter 555 the following: 

17 ‘‘CHAPTER 556—SHORT SEA 

18 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. 

19 ‘‘§ 55601. Short sea transportation program 

20 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor21 tation shall establish a short sea transportation program 

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1 and designate short sea transportation projects to be con2 ducted under the program to mitigate landside congestion. 

3 ‘‘(b) PROGRAM ELEMENTS.—The program shall en4 courage the use of short sea transportation through the 

5 development and expansion of— 

6 ‘‘(1) documented vessels; 

7 ‘‘(2) shipper utilization; 

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

9 ‘‘(4) marine transportation strategies by State 

10 and local governments. 

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

12 Secretary shall designate short sea transportation routes 

13 as extensions of the surface transportation system to focus 

14 public and private efforts to use the waterways to relieve 

15 landside congestion along coastal corridors. The Secretary 

16 may collect and disseminate data for the designation and 

17 delineation of short sea transportation routes. 

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

19 designate a project to be a short sea transportation project 

20 if the Secretary determines that the project may— 

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

22 landside transportation services using documented 

23 vessels; and 

24 ‘‘(2) provide transportation services for pas25 sengers or freight (or both) that may reduce congesmstockstill on PROD1PC66 with BILLS

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1 tion on landside infrastructure using documented 

2 vessels. 

3 ‘‘(e) ELEMENTS OF PROGRAM.—For a short sea 

4 transportation project designated under this section, the 

5 Secretary of Transportation may— 

6 ‘‘(1) promote the development of short sea 

7 transportation services; 

8 ‘‘(2) coordinate, with ports, State departments 

9 of transportation, localities, other public agencies, 

10 and the private sector and on the development of 

11 landside facilities and infrastructure to support 

12 short sea transportation services; and 

13 ‘‘(3) develop performance measures for the 

14 short sea transportation program. 

15 ‘‘(f) MULTI-STATE, STATE AND REGIONAL TRANS16 PORTATION PLANNING.—The Secretary, in consultation 

17 with Federal entities and State and local governments, 

18 shall develop strategies to encourage the use of short sea 

19 transportation for transportation of passengers and cargo. 

20 The Secretary shall— 

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

22 governments include short sea transportation and 

23 other marine transportation solutions in their trans24 portation planning; 

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1 ‘‘(2) encourage State departments of transpor2 tation to develop strategies, where appropriate, to 

3 incorporate short sea transportation, ferries, and 

4 other marine transportation solutions for regional 

5 and interstate transport of freight and passengers in 

6 their transportation planning; and 

7 ‘‘(3) encourage groups of States and multi8 State transportation entities to determine how short 

9 sea transportation can address congestion, bottle10 necks, and other interstate transportation chal11 lenges. 

12 ‘‘§ 55602. Cargo and shippers 

13 ‘‘(a) MEMORANDUMS OF AGREEMENT.—The Sec14 retary of Transportation shall enter into memorandums 

15 of understanding with the heads of other Federal entities 

16 to transport federally owned or generated cargo using a 

17 short sea transportation project designated under section 

18 55601 when practical or available. 

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

20 shall consult shippers and other participants in transpor21 tation logistics and develop proposals for short-term incen22 tives to encourage the use of short sea transportation. 

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1 ‘‘§ 55603. Financing of short sea transportation 

2 projects 

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

4 Secretary of Transportation, subject to the availability of 

5 appropriations, may make a loan guarantee for the financ6 ing of the construction, reconstruction, or reconditioning 

7 of a vessel that will be used for a short sea transportation 

8 project designated under section 55601. 

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

10 guarantee under this section, the Secretary shall use the 

11 authority, terms, and conditions that apply to a loan guar12 antee made under chapter 537. 

13 ‘‘(c) GENERAL LIMITATIONS.—The total unpaid 

14 principal amount of obligations guaranteed under this 

15 chapter and outstanding at one time may not exceed 

16 $2,000,000,000. 

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

18 credit of the United States Government is pledged to the 

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

20 principal and interest, including interest (as may be pro21 vided for in the guarantee) accruing between the date of 

22 default under a guaranteed obligation and the date of pay23 ment in full of the guarantee. 

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

25 is authorized to be appropriated $25,000,000 to carry out 

26 this section for each of fiscal years 2008 through 2011. 

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1 ‘‘§ 55604. Interagency coordination 

2 ‘‘The Secretary of Transportation shall establish a 

3 board to identify and seek solutions to impediments hin4 dering effective use of short sea transportation. The board 

5 shall include representatives of other Federal, State, and 

6 local governmental entities and private sector entities. 

7 ‘‘§ 55605. Research on short sea transportation 

8 ‘‘The Secretary of Transportation may conduct re9 search on short sea transportation, regarding— 

10 ‘‘(1) the environmental and transportation ben11 efits to be derived from short sea transportation al12 ternatives for other forms of transportation; 

13 ‘‘(2) technology, vessel design, and other im14 provements that would reduce emissions, increase 

15 fuel economy, and lower costs of short sea transpor16 tation and increase the efficiency of intermodal 

17 transfers; and 

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

19 to short sea transportation projects designated 

20 under section 55601. 

21 ‘‘§ 55606. Short sea transportation defined 

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

23 means the carriage by vessel of cargo— 

24 ‘‘(1) that is— 

25 ‘‘(A) contained in intermodal cargo con26 tainers and loaded by crane on the vessel; or 

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

2 wheeled technology; and 

3 ‘‘(2) that is— 

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

5 and unloaded at another port in the United 

6 States or a port in Canada located in the Great 

7 Lakes Saint Lawrence Seaway System; or 

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

9 the Great Lakes Saint Lawrence Seaway Sys10 tem and unloaded at a port in the United 

11 States.’’. 

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

13 at the beginning of subtitle V of such title is amended 

14 by inserting after the item relating to chapter 555 the fol15 lowing: 

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

16 (c) REGULATIONS.— 

17 (1) INTERIM REGULATIONS.—Not later than 

18 December 31, 2007, the Secretary of Transportation 

19 shall issue temporary regulations to implement the 

20 program under this section. Subchapter II of chap21 ter 5 of title 5, United States Code, does not apply 

22 to a temporary regulation issued under this para23 graph or to an amendment to such a temporary reg24 ulation. 

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1 (2) FINAL REGULATIONS.—Not later than Oc2 tober 1, 2008, the Secretary shall issue final regula3 tions to implement the program under this section. 

4 SEC. 402. SHORT SEA SHIPPING ELIGIBILITY FOR CAPITAL 

5 CONSTRUCTION FUND. 

6 (a) DEFINITION OF QUALIFIED VESSEL.—Section 

7 53501 of title 46, United States Code, is amended— 

8 (1) in paragraph (5)(A)(iii) by striking ‘‘or non9 contiguous domestic’’ and inserting ‘‘noncontiguous 

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

11 (2) by inserting after paragraph (6) the fol12 lowing: 

13 ‘‘(6) SHORT SEA TRANSPORTATION TRADE.— 

14 The term ‘short sea transportation trade’ means the 

15 carriage by vessel of cargo— 

16 ‘‘(A) that is— 

17 ‘‘(i) contained in intermodal cargo 

18 containers and loaded by crane on the ves19 sel; or 

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

21 wheeled technology; and 

22 ‘‘(B) that is— 

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

24 States and unloaded at another port in the 

25 United States or a port in Canada located 

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1 in the Great Lakes Saint Lawrence Sea2 way System; or 

3 ‘‘(ii) loaded at a port in Canada lo4 cated in the Great Lakes Saint Lawrence 

5 Seaway System and unloaded at a port in 

6 the United States.’’. 

7 (b) ALLOWABLE PURPOSE.—Section 53503(b) of 

8 such title is amended by striking ‘‘or noncontiguous do9 mestic trade’’ and inserting ‘‘noncontiguous domestic, or 

10 short sea transportation trade’’. 

11 SEC. 403. REPORT. 

12 Not later than one year after the date of enactment 

13 of this Act, the Secretary of Transportation shall submit 

14 to the Committee on Transportation and Infrastructure 

15 of the House of Representatives and the Committee on 

16 Commerce, Science, and Transportation of the Senate a 

17 report on the short sea transportation program established 

18 under the amendments made by section 401. The report 

19 shall include a description of the activities conducted 

20 under the program, and any recommendations for further 

21 legislative or administrative action that the Secretary con22 siders appropriate. 

23 SEC. 404. GREEN PORTS INITIATIVE. 

24 (a) IN GENERAL.— 

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1 (1) DEVELOPMENT AND IMPLEMENTATION.— 

2 The Secretary of Transportation shall develop and 

3 implement a green port initiative to promote the use 

4 of technologies in United States ports and shipyards 

5 to reduce air emissions including particulate matter, 

6 nitrogen oxides, sulfur oxides, and carbon 

7 monoxides. The program may include— 

8 (A) use of electric and low-emission vehi9 cles for cargo handling equipment; 

10 (B) use of electric shore power and low 

11 pollution auxiliary engines for vessels in port; 

12 (C) use of energy efficient lighting and 

13 other electrical products in ports; 

14 (D) use of best management practices to 

15 decrease emissions; 

16 (E) use of technology and best manage17 ment practices to prevent pollution of the wa18 ters in ports; 

19 (F) use of other energy efficient or low 

20 emission technologies that the Secretary con21 siders necessary. 

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

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

24 standards for that award prescribed by the Sec25 retary for low emissions and pollution by a port. 

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1 (b) CLEAN TECHNOLOGY ASSISTANCE.— 

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

3 grants and low-cost revolving loans, as determined 

4 by the Secretary, on a competitive basis, to ports, 

5 terminal operators, and shipyards to achieve signifi6 cant reductions in diesel emissions of particulate 

7 matter, nitrogen oxides, and sulfur oxides in United 

8 States ports. 

9 (2) PRIORITIZATION.—The Secretary shall pro10 vide grants and loans to the applicants that will use 

11 the funds provided to remove the largest amount of 

12 pollutants for each dollar provided in the grant or 

13 loan. 

14 (3) APPLICATIONS.— 

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

16 loan under this subsection, a port, terminal op17 erator, or shipyard shall submit to the Sec18 retary an application at a time, in a manner, 

19 and including any information that the Sec20 retary may require. 

21 (B) INCLUSIONS.—An application under 

22 this paragraph shall include— 

23 (i) a description of the air quality of 

24 the area served by the port, terminal oper25 ator, or shipyard; 

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1 (ii) the quantity of air pollution pro2 duced in the port area served by the port, 

3 terminal operator, or shipyard; 

4 (iii) a description of the project pro5 posed by the port, terminal operator, or 

6 shipyard, including the means by which the 

7 project will achieve a significant reduction 

8 in diesel emissions; 

9 (iv) an evaluation (using methodology 

10 approved by the Secretary) of the benefits 

11 of the emissions reductions of the proposed 

12 project; 

13 (v) an estimate of the cost of the pro14 posed project; and 

15 (vi) provisions for the monitoring and 

16 verification of the project. 

17 (4) USE OF FUNDS.— 

18 (A) IN GENERAL.—A port, terminal oper19 ator, or shipyard may use a grant or loan pro20 vided under this subsection to fund the costs 

21 of— 

22 (i) a technology (including any incre23 mental costs of a repowered or new diesel 

24 engine) that significantly reduces emissions 

25 through development and implementation 

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1 of a certified engine configuration, verified 

2 technology, or emerging technology for— 

3 (I) a medium-duty truck or a 

4 heavy-duty truck; 

5 (II) a marine engine; 

6 (III) a nonroad engine or vehicle 

7 used in applications such as handling 

8 of cargo; and 

9 (IV) electric shore power and low 

10 pollution auxiliary engines for vessels 

11 in port; and 

12 (ii) an idle-reduction program involv13 ing a vehicle or equipment. 

14 (B) REGULATORY PROGRAMS.—Notwith15 standing paragraph (1), no grant or loan pro16 vided under this subsection may be used to 

17 fund the costs of emissions reductions that are 

18 mandated under Federal, State, or local law. 

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

20 loan under this subsection may only use the 

21 funds under the grant or loan for engines that 

22 are certified for low emissions and technology 

23 that has been verified in a manner prescribed 

24 by the Secretary as producing low emissions. 

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1 (5) FEDERAL SHARE.—The Federal share of 

2 the costs for a project for which a grant is made 

3 under this subsection may not exceed 90 percent. 

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

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

6 (7) TECHNICAL REVIEW TEAM.—The Secretary 

7 shall establish a technical review team comprised of 

8 members from agencies within the Department of 

9 Transportation to review proposals for grants and 

10 loans under this subsection. The Secretary shall se11 lect agencies to serve as review panel participants 

12 based on the Secretary’s determination that they 

13 possess the necessary expertise and knowledge to 

14 evaluate the proposals. 

15 (8) AUTHORIZATION OF APPROPRIATIONS.— 

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

17 for each of fiscal years 2008 through 2011 to carry 

18 out this subsection. 

19 (c) USE OF SETTLEMENT AMOUNTS.— 

20 (1) IN GENERAL.—The Secretary, acting 

21 through the Maritime Administrator, shall consult 

22 with the Attorney General regarding the payment to 

23 maritime emission reduction foundations authorized 

24 by the Administrator of amounts collected by the 

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1 legations of violations of environmental laws related 

2 to vessels, ports, and port-related services. 

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

4 used by such a foundation for the development of 

5 technologies, including best management practices, 

6 related to compliance with marine emissions reduc7 tion, as determined appropriate by the Maritime Ad8 ministrator. 

9 (d) TESTING PROGRAM.— 

10 (1) IN GENERAL.—The Secretary, acting 

11 through the Maritime Administrator, may establish 

12 a cooperative partnership with the Administrator of 

13 the Environmental Protection Agency, or any other 

14 agency the Secretary determines to be appropriate, 

15 to test emissions reduction technology on actual ves16 sels. 

17 (2) TECHNOLOGIES TO BE TESTED.—The pro18 gram under this subsection shall be based on emer19 gent and existing technologies that have been 

20 verified effective under laboratory conditions. 

21 (3) MAINTENANCE OF VESSEL USABILITY.— 

22 Any technology tested under this subsection must 

23 not permanently alter or render the vessel on which 

24 it is tested ineffective for long-term Maritime Ad25 ministration use. 

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1 (4) ADMINISTRATION PRIORITIES AND

2 NEEDS.—The Secretary shall designate vessels as 

3 platforms for testing under this subsection in ac4 cordance with Maritime Administration priorities 

5 and needs. 

6 (5) AUTHORIZATION OF APPROPRIATIONS.— 

7 There is authorized to be appropriated to the Sec8 retary $6,000,000 to administer and implement co9 operative partnerships established under paragraph 

10 (1). 

11 Subtitle B—Maritime Pollution 

12 SEC. 451. REFERENCES. 

13 Wherever in this subtitle an amendment or repeal is 

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

15 section or other provision, the reference shall be consid16 ered to be made to a section or other provision of the Act 

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

18 SEC. 452. DEFINITIONS. 

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

20 (1) by redesignating the paragraphs (1) 

21 through (12) as paragraphs (2) through (13), re22 spectively; 

23 (2) by inserting before paragraph (2) (as so re24 designated) the following: 

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

2 of the Environmental Protection Agency.’’; 

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

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

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

6 striking ‘‘ ‘discharge’ and ‘garbage’ and ‘harmful 

7 substance’ and ‘incident’ ’’ and inserting ‘‘ ‘dis8 charge’, ‘emission’, ‘garbage’, ‘harmful substance’, 

9 and ‘incident’ ’’; and 

10 (5) by redesignating paragraphs (7) through 

11 (13) (as redesignated) as paragraphs (8) through 

12 (14), respectively, and inserting after paragraph (6) 

13 (as redesignated) the following: 

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

15 sea of the United States (as defined in Presidential 

16 Proclamation 5928 of December 27, 1988) and the 

17 internal waters of the United States;’’. 

18 SEC. 453. APPLICABILITY. 

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

20 (1) in subsection (a)— 

21 (A) by striking ‘‘and’’ at the end of para22 graph (3); 

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

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

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

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1 ‘‘(5) with respect to Annex VI to the Conven2 tion, and other than with respect to a ship referred 

3 to in paragraph (1)— 

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

5 offshore terminal, or the internal waters of the 

6 United States; 

7 ‘‘(B) to a ship that is bound for, or depart8 ing from, a port, shipyard, offshore terminal, or 

9 the internal waters of the United States, and is 

10 in— 

11 ‘‘(i) the navigable waters of the 

12 United States; 

13 ‘‘(ii) an emission control area des14 ignated pursuant to section 4; or 

15 ‘‘(iii) any other area that the Admin16 istrator, in consultation with the Secretary 

17 and each State in which any part of the 

18 area is located, has designated by order as 

19 being an area from which emissions from 

20 ships are of concern with respect to protec21 tion of public health, welfare, or the envi22 ronment; 

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

24 flag of, or operating under the authority of, a 

25 party to Annex VI, and is in— 

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1 ‘‘(i) the navigable waters of the 

2 United States; 

3 ‘‘(ii) an emission control area des4 ignated under section 4; or 

5 ‘‘(iii) any other area that the Admin6 istrator, in consultation with the Secretary 

7 and each State in which any part of the 

8 area is located, has designated by order as 

9 being an area from which emissions from 

10 ships are of concern with respect to protec11 tion of public health, welfare, or the envi12 ronment; and 

13 ‘‘(D) to the extent consistent with inter14 national law, to any other ship that is in— 

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

16 United States; 

17 ‘‘(ii) the navigable waters of the 

18 United States; 

19 ‘‘(iii) an emission control area des20 ignated under section 4; or 

21 ‘‘(iv) any other area that the Adminis22 trator, in consultation with the Secretary 

23 and each State in which any part of the 

24 area is located, has designated by order as 

25 being an area from which emissions from 

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1 ships are of concern with respect to protec2 tion of public health, welfare, or the envi3 ronment.’’; 

4 (2) in subsection (b)— 

5 (A) in paragraph (1) by striking ‘‘para6 graph (2)’’ and inserting ‘‘paragraphs (2) and 

7 (3)’’; and 

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

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

10 the Secretary, as relevant to their authorities pursuant to 

11 this Act, may determine that some or all of the require12 ments under this Act shall apply to one or more classes 

13 of public vessels, except that such a determination by the 

14 Administrator shall have no effect unless the head of the 

15 Department or agency under which the vessels operate 

16 concurs in the determination. This paragraph does not 

17 apply during time of war or during a declared national 

18 emergency.’’; 

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

20 as subsections (d) through (h), respectively; and 

21 (4) by inserting after subsection (b) the fol22 lowing: 

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

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

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

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

2 (A) by inserting ‘‘or the Administrator, 

3 consistent with section 4 of this Act,’’ after 

4 ‘‘Secretary’’; 

5 (B) by striking ‘‘of section (3)’’ and insert6 ing ‘‘of this section’’; and 

7 (C) by striking ‘‘Protocol, including regula8 tions conforming to and giving effect to the re9 quirements of Annex V’’ and inserting ‘‘Pro10 tocol (or the applicable Annex), including regu11 lations conforming to and giving effect to the 

12 requirements of Annex V and Annex VI’’. 

13 SEC. 454. ADMINISTRATION AND ENFORCEMENT. 

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

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

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

17 (2) by inserting after subsection (a) the fol18 lowing: 

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

20 other duties specified in this Act, the Administrator and 

21 the Secretary, respectively, shall have the following duties 

22 and authorities: 

23 ‘‘(1) The Administrator shall, and no other per24 son may, issue Engine International Air Pollution 

25 Prevention certificates in accordance with Annex VI 

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1 and the International Maritime Organization’s Tech2 nical Code on Control of Emissions of Nitrogen Ox3 ides from Marine Diesel Engines, on behalf of the 

4 United States for a vessel of the United States as 

5 that term is defined in section 116 of title 46, 

6 United States Code. The issuance of Engine Inter7 national Air Pollution Prevention certificates shall 

8 be consistent with any applicable requirements of 

9 the Clean Air Act (42 U.S.C. 7401 et seq.) or regu10 lations prescribed under that Act. 

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

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

13 and 19 of Annex VI to the Convention. 

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

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

16 of the Convention.’’; and 

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

18 (A) by redesignating paragraph (2) as 

19 paragraph (4); and 

20 (B) by inserting after paragraph (1) the 

21 following: 

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

23 to prescribe regulations under this Act, the Administrator 

24 shall also prescribe any necessary or desired regulations 

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1 to carry out the provisions of regulations 12, 13, 14, 15, 

2 16, 17, 18, and 19 of Annex VI to the Convention. 

3 ‘‘(3) In prescribing any regulations under this sec4 tion, the Secretary and the Administrator shall consult 

5 with each other, and with respect to regulation 19, with 

6 the Secretary of the Interior.’’; and 

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

8 ‘‘(5) No standard issued by any person or Federal 

9 authority, with respect to emissions from tank vessels sub10 ject to regulation 15 of Annex VI to the Convention, shall 

11 be effective until 6 months after the required notification 

12 to the International Maritime Organization by the Sec13 retary.’’. 

14 SEC. 455. CERTIFICATES. 

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

16 (1) in subsection (a) by striking ‘‘The Sec17 retary’’ and inserting ‘‘Except as provided in section 

18 4(b)(1), the Secretary’’; 

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

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

21 inserting ‘‘Secretary or the Administrator under the 

22 authority of this Act.’’; and 

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

24 and inserting ‘‘environment or the public health and 

25 welfare.’’. 

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1 SEC. 456. RECEPTION FACILITIES. 

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

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

4 following: 

5 ‘‘(3) The Secretary and the Administrator, after con6 sulting with appropriate Federal agencies, shall jointly 

7 prescribe regulations setting criteria for determining the 

8 adequacy of reception facilities for receiving ozone deplet9 ing substances, equipment containing such substances, 

10 and exhaust gas cleaning residues at a port or terminal, 

11 and stating any additional measures and requirements as 

12 are appropriate to ensure such adequacy. Persons in 

13 charge of ports and terminals shall provide reception fa14 cilities, or ensure that reception facilities are available, in 

15 accordance with those regulations. The Secretary and the 

16 Administrator may jointly prescribe regulations to certify, 

17 and may issue certificates to the effect, that a port’s or 

18 terminal’s facilities for receiving ozone depleting sub19 stances, equipment containing such substances, and ex20 haust gas cleaning residues from ships are adequate.’’; 

21 (2) in subsection (b) by inserting ‘‘or the Ad22 ministrator’’ after ‘‘Secretary’’; 

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

24 and inserting the following: 

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

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

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1 Act, or regulations prescribed under this section relating 

2 to the provision of adequate reception facilities for gar3 bage, ozone depleting substances, equipment containing 

4 those substances, or exhaust gas cleaning residues, if the 

5 port or terminal is not in compliance with the MARPOL 

6 Protocol, this Act, or those regulations.’’; 

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

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

9 are’’; and 

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

11 SEC. 457. INSPECTIONS. 

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

13 as follows: 

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

15 this Act applies as provided under section 3(a)(5), to 

16 verify whether the ship is in compliance with Annex VI 

17 to the Convention and this Act. 

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

19 other information indicates that a violation has occurred, 

20 the Secretary, or the Administrator in a matter referred 

21 by the Secretary, may undertake enforcement action under 

22 this section. 

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

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

25 the authorities of the Secretary, as specified in subsection 

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1 (b) of this section, for the purposes of enforcing regula2 tions 17 and 18 of Annex VI to the Convention to the 

3 extent that shoreside violations are the subject of the ac4 tion and in any other matter referred to the Administrator 

5 by the Secretary.’’. 

6 SEC. 458. AMENDMENTS TO THE PROTOCOL. 

7 Section 10(b) (33 U.S.C. 1909(b)) is amended by in8 serting ‘‘or the Administrator as provided for in this Act,’’ 

9 after ‘‘Secretary,’’. 

10 SEC. 459. PENALTIES. 

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

12 (1) by striking ‘‘Protocol,,’’ each place it ap13 pears and inserting ‘‘Protocol,’’; 

14 (2) in subsection (b) by inserting ‘‘, or the Ad15 ministrator as provided for in this Act’’ after ‘‘Sec16 retary’’ the first place it appears; 

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

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

19 ‘‘Secretary’’; 

20 (4) in the matter after paragraph (2) of sub21 section (b)— 

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

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

24 first place it appears; and 

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

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

3 second and third places it appears; 

4 (5) in subsection (c) by inserting ‘‘, or the Ad5 ministrator as provided for in this Act,’’ after ‘‘Sec6 retary’’ each place it appears; and 

7 (6) in subsection (f) by inserting ‘‘, or the Ad8 ministrator as provided for in this Act’’ after ‘‘Sec9 retary’’ the first place appears. 

10 SEC. 460. EFFECT ON OTHER LAWS. 

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

12 follows: 

13 ‘‘SEC. 15. EFFECT ON OTHER LAWS. 

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

15 supplement and neither amend nor repeal any other au16 thorities, requirements, or remedies conferred by any 

17 other provision of law. Nothing in this Act shall limit, 

18 deny, amend, modify, or repeal any other authority, re19 quirement, or remedy available to the United States or 

20 any other person, except as expressly provided in this 

21 Act.’’. 

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1 TITLE V—AVIATION 

2 SEC. 501. CLEEN ENGINE AND AIRFRAME TECHNOLOGY 

3 PARTNERSHIP. 

4 (a) COOPERATIVE AGREEMENT.—Subchapter I of 

5 chapter 475 is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 47511. CLEEN engine and airframe technology 

8 partnership 

9 ‘‘(a) IN GENERAL.—The Administrator of the Fed10 eral Aviation Administration shall enter into a cooperative 

11 agreement, using a competitive process, with an institu12 tion, entity, or consortium to carry out a program for the 

13 development, maturing, and certification of CLEEN en14 gine and airframe technology for aircraft over the next 10 

15 years. 

16 ‘‘(b) CLEEN ENGINE AND AIRFRAME TECHNOLOGY

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

18 airframe technology’ means continuous lower energy, 

19 emissions, and noise engine and airframe technology. 

20 ‘‘(c) PERFORMANCE OBJECTIVE.—The Adminis21 trator shall establish the following performance objectives 

22 for the program, to be achieved by September 30, 2015: 

23 ‘‘(1) Development of certifiable aircraft tech24 nology that reduces greenhouse gas emissions by inmstockstill on PROD1PC66 with BILLS

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1 creasing aircraft fuel efficiency by 25 percent rel2 ative to 1997 subsonic jet aircraft technology. 

3 ‘‘(2) Development of certifiable engine tech4 nology that reduces landing and takeoff cycle nitro5 gen oxide emissions by 50 percent, without increas6 ing other gaseous or particle emissions, over the 

7 International Civil Aviation Organization standard 

8 adopted in 2004. 

9 ‘‘(3) Development of certifiable aircraft tech10 nology that reduces noise levels by 10 decibels at 

11 each of the 3 certification points relative to 1997 

12 subsonic jet aircraft technology. 

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

14 of alternative fuels in aircraft systems, including 

15 successful demonstration and quantification of the 

16 benefits of such fuels. 

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

18 engine and aircraft technologies may be used to ret19 rofit or re-engine aircraft to increase the integration 

20 of retrofitted and re-engined aircraft into the com21 mercial fleet. 

22 ‘‘(d) 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. 

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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 ‘‘(e) REPORT.—Beginning in fiscal year 2009, the 

5 Administrator shall publish an annual report on the pro6 gram established under this section until completion of the 

7 program.’’. 

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 

13 more than 6 environmental mitigation demonstration 

14 projects at 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 

19 out 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 

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1 considered an eligible airport-related project for purposes 

2 of section 40117 of such title. 

3 (d) SELECTION CRITERIA.—In selecting among ap4 plicants for participation in the program, the Secretary 

5 shall give priority consideration to applicants proposing to 

6 carry out environmental mitigation demonstration projects 

7 that 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 

15 United States Government share of allowable project costs 

16 of an environmental mitigation demonstration project car17 ried out under this section shall be 50 percent. 

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

19 make grants for a single environmental mitigation dem20 onstration project under this section in a total amount 

21 that exceeds $2,500,000. 

22 (g) PUBLICATION OF INFORMATION.—The Secretary 

23 may develop and publish information on the results of en24 vironmental mitigation demonstration projects carried out 

25 under this section, including information identifying best 

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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 ‘‘eligi7 ble consortium’’ means a consortium of 2 or more of 

8 the 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 

13 States. 

14 (C) An entity of a State or local govern15 ment. 

16 (D) A Federal laboratory. 

17 (2) ENVIRONMENTAL MITIGATION DEMONSTRA18 TION PROJECT.—The term ‘‘environmental mitiga19 tion demonstration project’’ means a project that— 

20 (A) demonstrates at a public-use airport 

21 environmental mitigation techniques or tech22 nologies with associated benefits, which have al23 ready been proven in laboratory demonstra24 tions; 

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1 (B) utilizes methods for efficient adapta2 tion or integration of innovative concepts to air3 port operations; and 

4 (C) demonstrates whether a technique or 

5 technology for environmental mitigation identi6 fied in research is— 

7 (i) practical to implement at or near 

8 multiple public-use airports; and 

9 (ii) capable of reducing noise, airport 

10 emissions, greenhouse gas emissions, or 

11 water quality impacts in measurably sig12 nificant amounts. 

13 TITLE VI—PUBLIC BUILDINGS 

14 Subtitle A—General Services 

15 Administration 

16 SEC. 601. PUBLIC BUILDING ENERGY EFFICIENT AND RE17 NEWABLE ENERGY SYSTEMS. 

18 (a) ESTIMATE OF ENERGY PERFORMANCE IN PRO19 SPECTUS.—Section 3307(b) of title 40, United States 

20 Code, is amended— 

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

22 (5); 

23 (2) by striking the period at the end of para24 graph (6) and inserting ‘‘; and’’; and 

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1 (3) by inserting after paragraph (6) the fol2 lowing: 

3 ‘‘(7) with respect to any prospectus for the con4 struction, alteration, or acquisition of any building 

5 or space to be leased, an estimate of the future en6 ergy performance of the building or space and a spe7 cific description of the use of energy efficient and re8 newable energy systems, including photovoltaic sys9 tems, in carrying out the project.’’. 

10 (b) MINIMUM PERFORMANCE REQUIREMENTS FOR

11 LEASED SPACE.—Section 3307 of such of title is amend12 ed— 

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

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

15 (2) by inserting after subsection (e) the fol16 lowing: 

17 ‘‘(f) MINIMUM PERFORMANCE REQUIREMENTS FOR

18 LEASED SPACE.—With respect to space to be leased, the 

19 Administrator shall include, to the maximum extent prac20 ticable, minimum performance requirements requiring en21 ergy efficiency and the use of renewable energy.’’. 

22 (c) USE OF ENERGY EFFICIENT LIGHTING FIX23 TURES AND BULBS.— 

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

25 amended— 

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1 (A) by redesignating sections 3313, 3314, 

2 and 3315 as sections 3315, 3316, and 3317, re3 spectively; and 

4 (B) by inserting after section 3312 the fol5 lowing: 

6 ‘‘§ 3313. Use of energy efficient lighting fixtures and 

7 bulbs 

8 ‘‘(a) CONSTRUCTION, ALTERATION, AND ACQUISI9 TION OF PUBLIC BUILDINGS.—Each public building con10 structed, altered, or acquired by the Administrator of Gen11 eral Services shall be equipped, to the maximum extent 

12 feasible as determined by the Administrator, with lighting 

13 fixtures and bulbs that are energy efficient. 

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

15 lighting fixture or bulb that is replaced by the Adminis16 trator in the normal course of maintenance of public build17 ings shall be replaced, to the maximum extent feasible, 

18 with a lighting fixture or bulb that is energy efficient. 

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

20 under this section concerning the feasibility of installing 

21 a lighting fixture or bulb that is energy efficient, the Ad22 ministrator shall consider— 

23 ‘‘(1) the life-cycle cost effectiveness of the fix24 ture or bulb; 

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1 ‘‘(2) the compatibility of the fixture or bulb 

2 with existing equipment; 

3 ‘‘(3) whether use of the fixture or bulb could re4 sult in interference with productivity; 

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

6 or bulb; and 

7 ‘‘(5) such other factors as the Administrator 

8 determines appropriate. 

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

10 be treated as being energy efficient for purposes of this 

11 section if— 

12 ‘‘(1) the fixture or bulb is certified under the 

13 Energy Star program established by section 324A of 

14 the Energy Policy and Conservation Act (42 U.S.C. 

15 6294a); or 

16 ‘‘(2) the Administrator has otherwise deter17 mined that the fixture or bulb is energy efficient. 

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

19 Aquisitions carried out pursuant to this section shall be 

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

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

22 ‘‘(f) EFFECTIVE DATE.—The requirements of sub23 sections (a) and (b) shall take effect one year after the 

24 date of enactment of this subsection.’’. 

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1 (2) CONFORMING AMENDMENT.—The analysis 

2 for such chapter is amended by striking the items 

3 relating to sections 3313, 3314, and 3315 and in4 serting 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.’’. 

5 (d) MAXIMUM PERIOD FOR UTILITY SERVICE CON6 TRACTS.—Such chapter is further amended by inserting 

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

8 section) the following: 

9 ‘‘§ 3314. Maximum period for utility service contracts 

10 ‘‘Notwithstanding section 501(b)(1)(B), the Adminis11 trator of General Services may contract for public utility 

12 services for a period of not more than 30 years if cost 

13 effective and necessary to promote the use of energy effi14 cient and renewable energy systems, including photovoltaic 

15 systems.’’. 

16 (e) EVALUATION FACTOR.—Section 3310 of such 

17 title is amended— 

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

19 (4); 

20 (2) by redesignating paragraphs (3), (4), and 

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

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

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

2 lease requiring a prospectus under section 3307 an 

3 evaluation factor considering the extent to which the 

4 offeror will promote energy efficiency and the use of 

5 renewable energy;’’. 

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

7 Section 544(a)(1) of the National Energy Conserva8 tion Policy Act (42 U.S.C. 8254(a)(1)) is amended by 

9 striking ‘‘25’’ and inserting ‘‘40’’. 

10 SEC. 603. INSTALLATION OF PHOTOVOLTAIC SYSTEM AT 

11 DEPARTMENT OF ENERGY HEADQUARTERS 

12 BUILDING. 

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

14 Services shall install a photovoltaic system, as set forth 

15 in the Sun Wall Design Project, for the headquarters 

16 building of the Department of Energy located at 1000 

17 Independence Avenue, Southwest, Washington, D.C., com18 monly known as the Forrestal Building. 

19 (b) FUNDING.—There shall be available from the 

20 Federal Buildings Fund established by section 592 of title 

21 40, United States Code, $30,000,000 to carry out this sec22 tion. Such sums shall be derived from the unobligated bal23 ance of amounts made available from the Fund for fiscal 

24 year 2007, and prior fiscal years, for repairs and alter25 nations and other activities (excluding amounts made 

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1 available for the energy program). Such sums shall remain 

2 available until expended. 

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

4 made available pursuant to subsection (b) may be obli5 gated prior to September 30, 2007. 

6 Subtitle B—Coast Guard 

7 SEC. 631. PROHIBITION ON INCANDESCENT LAMPS BY 

8 COAST GUARD. 

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

10 (b), on and after January 1, 2009, a general service incan11 descent lamp shall not be purchased or installed in a Coast 

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

13 (b) EXCEPTION.—A general service incandescent 

14 lamp may be purchased, installed, and used in a Coast 

15 Guard facility whenever— 

16 (1) the application of a general service incan17 descent lamp is— 

18 (A) necessary due to purpose or design, in19 cluding medical, security, and industrial appli20 cations; or 

21 (B) reasonable due to the architectural or 

22 historical value of a light fixture installed before 

23 January 1, 2009; or 

24 (C) the Commandant of the Coast Guard 

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1 sitate the use of a general service incandescent 

2 lamp. 

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

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

5 Subtitle C—Architect of the Capitol 

6 SEC. 651. CAPITOL COMPLEX PHOTOVOLTAIC ROOF FEASI7 BILITY STUDY. 

8 (a) STUDY.—The Architect of the Capitol may per9 form a feasibility study regarding construction of a photo10 voltaic roof for the Rayburn House Office Building. 

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

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

13 transmit to the Committee on Transportation and Infra14 structure of the House of Representatives a report on the 

15 results of the feasibility study and recommendations re16 garding construction of a photovoltaic roof for the building 

17 referred to in subsection (a). 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 such sums as may be necessary for fiscal year 2008. 

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

22 (a) CONSTRUCTION.—The Architect of the Capitol 

23 may construct a fuel tank and pumping system for E– 

24 85 fuel at or within close proximity to the Capitol Grounds 

25 Fuel Station. 

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

2 shall be available for use by all legislative branch vehicles 

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

4 legislative branch agencies reimbursing the Architect of 

5 the Capitol for the costs of E–85 fuel used by such other 

6 legislative branch vehicles. 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section 

9 such sums as may be necessary for fiscal year 2008. 

10 SEC. 653. ENERGY AND ENVIRONMENTAL MEASURES IN 

11 CAPITOL COMPLEX MASTER PLAN. 

12 (a) IN GENERAL.—To the maximum extent prac13 ticable, the Architect of the Capitol shall include energy 

14 efficiency measures, climate change mitigation measures, 

15 and other appropriate environmental measures in the Cap16 itol Complex Master Plan. 

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

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

19 submit to the Committee on Transportation and Infra20 structure of the House of Representatives and the Com21 mittee on Rules of the Senate a report on the energy effi22 ciency measures, climate change mitigation measures, and 

23 other appropriate environmental measures included in the 

24 Capitol Complex Master Plan pursuant to subsection (a). 

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1 TITLE VII—WATER RESOURCES 

2 AND EMERGENCY MANAGE3 MENT PREPAREDNESS 

4 Subtitle A—Water Resources 

5 SEC. 701. POLICY OF THE UNITED STATES. 

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

7 water resources projects— 

8 (1) reflect national priorities for flood damage 

9 reduction, navigation, ecosystem restoration, and 

10 hazard mitigation and consider the future impacts of 

11 increased hurricanes, droughts, and other climate 

12 change related weather events; 

13 (2) avoid the unwise use of floodplains, mini14 mize vulnerabilities in any case in which a floodplain 

15 must be used, protect and restore the extent and 

16 functions of natural systems, and mitigate any un17 avoidable damage to aquatic natural system; and 

18 (3) to the maximum extent possible, avoid im19 pacts to wetlands, which create natural buffers, help 

20 filter water, serve as recharge areas for aquifers, re21 duce floods and erosion and provide valuable plant 

22 and animal habitat. 

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1 SEC. 702. 21ST CENTURY WATER COMMISSION. 

2 (a) ESTABLISHMENT.—There is established a com3 mission to be known as the ‘‘21st Century Water Commis4 sion’’ (in this section referred to as the ‘‘Commission’’). 

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

6 to— 

7 (1) use existing water assessments and conduct 

8 such additional studies and assessments as may be 

9 necessary to project— 

10 (A) future water supply and demand; 

11 (B) impacts of climate change to our Na12 tion’s flood risk and water demand; and 

13 (C) associated impacts of climate change 

14 on water quality; 

15 (2)(A) study current water management pro16 grams of Federal, interstate, State, and local agen17 cies and private sector entities directed at increasing 

18 water supplies and improving the availability, reli19 ability, and quality of freshwater resources; and 

20 (B) evaluate such programs’ hazard mitigation 

21 strategies and contingency planning in light of cli22 mate change impacts, including sea level rise, flood23 ing, and droughts; and 

24 (3) consult with representatives of such agen25 cies and entities to develop recommendations, conmstockstill on PROD1PC66 with BILLS

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1 sistent with laws, treaties, decrees, and interstate 

2 compacts, for a comprehensive water strategy to— 

3 (A) recognize the primary role of States in 

4 adjudicating, administering, and regulating 

5 water rights and water uses; 

6 (B) identify incentives intended to ensure 

7 an adequate and dependable supply of water to 

8 meet the needs of the United States for the 

9 next 50 years and incentives to include the fu10 ture impacts of climate change on water supply 

11 and quality for the next 50 years; 

12 (C) eliminate duplication and conflict 

13 among Federal governmental programs; 

14 (D) consider all available technologies (in15 cluding climate change predictions, advanced 

16 modeling and mapping of wetlands, floodplains, 

17 and other critical areas) and other methods to 

18 optimize water supply reliability, availability, 

19 and quality, while safeguarding and enhancing 

20 the environment and planning for the potential 

21 impacts of climate change on water quality, 

22 water supply, flood and storm damage reduc23 tion, and ecosystem health; 

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1 (E) recommend means of capturing excess 

2 water and flood water for conservation and use 

3 in the event of a drought; 

4 (F) identify adaptation techniques, or fur5 ther research needs of adaptation techniques, 

6 for effectively conserving freshwater and coastal 

7 systems as they respond to climate change; 

8 (G) suggest financing options, incentives, 

9 and strategies for development of comprehen10 sive water management plans, holistically de11 signed water resources projects, conservation of 

12 existing water resource infrastructure (includ13 ing recommendations for repairing aging water 

14 infrastructure) and to increase the use of non15 structural elements (including green infrastruc16 ture and low impact development techniques); 

17 (H) suggest strategies for using best avail18 able climate science in projections of future 

19 flood and drought risk, and for developing haz20 ard mitigation strategies to protect water qual21 ity, in extreme weather conditions caused by cli22 mate change; 

23 (I) identify policies that encourage low im24 pact development, especially in areas near high 

25 priority aquatic systems; 

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1 (J) suggest strategies for encouraging the 

2 use of, and reducing biases against, non3 structural elements and low impact development 

4 techniques when managing stormwater, includ5 ing features that— 

6 (i) preserve and restore natural proc7 esses, landforms (such as floodplains), nat8 ural vegetated stream side buffers, wet9 lands, or other topographical features that 

10 can slow, filter, and naturally store 

11 stormwater runoff and flood waters for fu12 ture water supply and recharge of natural 

13 aquifers; 

14 (ii) utilize natural design techniques 

15 that infiltrate, filter, store, evaporate, and 

16 detain water close to its source; or 

17 (iii) minimize the use of impervious 

18 surfaces in order to slow or infiltrate pre19 cipitation; 

20 (K) suggest strategies for addressing in21 creased sewage overflow problems due to chang22 ing storm dynamics and the impact of aging 

23 stormwater and wastewater infrastructure, pop24 ulation growth, and urban sprawl; 

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1 (L) promote environmental restoration 

2 projects that reestablish natural processes; and 

3 (M) identify opportunities to promote ex4 isting or create regional planning, including op5 portunities to integrate climate change into 

6 water infrastructure and environmental con7 servation planning. 

8 (c) MEMBERSHIP.— 

9 (1) NUMBER AND APPOINTMENT.—The Com10 mission shall be composed of 8 members who shall 

11 be appointed, not later than 90 days after the date 

12 of enactment of this Act, as follows: 

13 (A) 2 members appointed by the President. 

14 (B) 2 members appointed by the Speaker 

15 of the House of Representatives from a list of 

16 4 individuals— 

17 (i) 2 nominated for that appointment 

18 by the chairman of the Committee on 

19 Transportation and Infrastructure of the 

20 House of Representatives; and 

21 (ii) 2 nominated for that appointment 

22 by the chairman of the Committee Natural 

23 Resources of the House of Representatives. 

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1 (C) 2 members appointed by the majority 

2 leader of the Senate from a list of 4 individ3 uals— 

4 (i) 2 nominated for that appointment 

5 by the chairman of the Committee on En6 vironment and Public Works of the Senate; 

7 and 

8 (ii) 2 nominated for that appointment 

9 by the chairman of the Committee on En10 ergy and Natural Resources of the Senate. 

11 (D) 1 member appointed by the minority 

12 leader of the House of Representatives from a 

13 list of 2 individuals— 

14 (i) one nominated for that appoint15 ment by the ranking member of the Com16 mittee on Transportation and Infrastruc17 ture of the House of Representatives; and 

18 (ii) one nominated for that appoint19 ment by the ranking member of the Com20 mittee on Natural Resources of the Senate. 

21 (E) 1 member appointed by the minority 

22 leader of the Senate from a list of 2 individ23 uals— 

24 (i) one nominated for that appoint25 ment by the ranking member of the Commstockstill on PROD1PC66 with BILLS

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1 mittee on Environment and Public Works 

2 of the Senate; and 

3 (ii) one nominated for that appoint4 ment by the ranking member of the Com5 mittee on Energy and Natural Resources 

6 of the Senate. 

7 (2) QUALIFICATIONS.— 

8 (A) RECOGNIZED STANDING AND DISTINC9 TION.—Members shall be appointed to the 

10 Commission from among individuals who are of 

11 recognized standing and distinction in water 

12 policy issues. 

13 (B) LIMITATION.—A person while serving 

14 as a member of the Commission may not hold 

15 any other position as an officer or employee of 

16 the United States, except as a retired officer or 

17 retired civilian employee of the United States. 

18 (C) OTHER CONSIDERATIONS.—In appoint19 ing members of the Commission, every effort 

20 shall be made to ensure that the members rep21 resent a broad cross section of regional and 

22 geographical perspectives in the United States. 

23 (3) CHAIRPERSON.—The Chairperson of the 

24 Commission shall be elected by a majority vote of 

25 the members of the Commission. 

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

2 serve for the life of the Commission. 

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

4 shall not affect its operation and shall be filled in 

5 the manner in which the original appointment was 

6 made. 

7 (6) COMPENSATION AND TRAVEL EXPENSES.— 

8 Members of the Commission shall serve without 

9 compensation; except that members shall receive 

10 travel expenses, including per diem in lieu of subsist11 ence, in accordance with applicable provisions under 

12 subchapter I of chapter 57, United States Code. 

13 (d) MEETINGS AND QUORUM.— 

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

15 first meeting not later than 60 days after the date 

16 on which all original members are appointed under 

17 subsection (c) and shall hold additional meetings at 

18 the call of the Chairperson or a majority of its mem19 bers. 

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

21 the Commission shall constitute a quorum for the 

22 transaction of business. 

23 (e) DIRECTOR AND STAFF.— 

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

25 Director who shall be appointed by the Speaker of 

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1 the House of Representatives and the majority lead2 er of the Senate, in consultation with the minority 

3 leader of the House of Representatives, the chairmen 

4 of the Committees on Resources and Transportation 

5 and Infrastructure of the House of Representatives, 

6 the minority leader of the Senate, and the chairmen 

7 of the Committee on Energy and Natural Resources 

8 and Environment and Public Works of the Senate. 

9 (2) APPLICABILITY OF CERTAIN CIVIL SERVICE

10 LAWS.—The Director and staff of the Commission 

11 may be appointed without regard to the provisions 

12 of title 5, United States Code, governing appoint13 ments in the competitive service, and may be paid 

14 without regard to the provisions of chapter 51 and 

15 subchapter III of chapter 53 of that title relating to 

16 classification and General Schedule pay rates; except 

17 that an individual so appointed may not receive pay 

18 in excess of the annual rate of basic pay for GS–15 

19 of the General Schedule. 

20 (f) HEARINGS.— 

21 (1) MINIMUM NUMBER.—The Commission shall 

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

23 Commission. 

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1 (2) IN CONJUNCTION WITH MEETINGS.—Hear2 ings may be held in conjunction with meetings of the 

3 Commission. 

4 (3) TESTIMONY AND EVIDENCE.—The Commis5 sion may take such testimony and receive such evi6 dence as the Commission considers appropriate to 

7 carry out this section. 

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

9 held in Washington, District of Columbia, for the 

10 purpose of taking testimony of representatives of 

11 Federal agencies, national organizations, and Mem12 bers of Congress. At least one hearing shall focus on 

13 potential water resource issues relating to climate 

14 change and how to mitigate the harms of climate 

15 change-related weather events. 

16 (5) NONSPECIFIED.—Hearings, other than 

17 those referred to in paragraph (4), shall be sched18 uled in distinct geographical regions of the United 

19 States. In conducting such hearings, the Commission 

20 should seek to ensure testimony from individuals 

21 with a diversity of experiences, including those who 

22 work on water issues at all levels of government and 

23 in the private sector. 

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1 (g) INFORMATION AND SUPPORT FROM FEDERAL

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

3 of a Federal department or agency shall— 

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

5 of the request, such information as the Commission 

6 considers necessary to carry out this section; and 

7 (2) detail to temporary duty with the Commis8 sion on a reimbursable basis such personnel as the 

9 Commission considers necessary to carry out this 

10 section. 

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

12 after the date of the first meeting of the Commission, and 

13 every year thereafter, the Commission shall submit an in14 terim report containing a detailed summary of its 

15 progress, including meetings held and hearings conducted 

16 before the date of the report, to— 

17 (1) the President; and 

18 (2) Congress. 

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

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

21 the Commission, the Commission shall submit a final re22 port containing a detailed statement of the findings and 

23 conclusions of the Commission and recommendations for 

24 legislation and other policies to implement such findings 

25 and conclusions to— 

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1 (1) the President; 

2 (2) the Committee on Resources and the Com3 mittee on Transportation and Infrastructure of the 

4 House of Representatives; and 

5 (3) the Committee on Energy and Natural Re6 sources and the Committee on the Environment and 

7 Public Works of the Senate. 

8 (j) TERMINATION.—The Commission shall terminate 

9 not later than 30 days after the date on which the Com10 mission transmits a final report under subsection (h)(1). 

11 (k) APPLICABILITY OF FEDERAL ADVISORY COM12 MITTEE ACT.—The Federal Advisory Committee Act (5 

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

14 (l) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated $12,000,000 to carry 

16 out this section. 

17 SEC. 703. IMPROVING HYDROPOWER CAPABILITIES. 

18 (a) STUDY.—The Secretary of the Army shall con19 duct a study on the potential for reduced fossil fuel con20 sumption through an increase in hydropower capabilities 

21 of the Corps of Engineers. 

22 (b) CONTENTS.—The study shall include an examina23 tion of the potential for improving hydropower capabilities 

24 at dams owned or operated by the Corps of Engineers, 

25 including the ecological impacts of such capabilities. 

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

2 of enactment of this Act, the Secretary shall submit to 

3 Congress a report containing the results of the study con4 ducted under this section. 

5 SEC. 704. STUDY OF POTENTIAL IMPACTS OF CLIMATE 

6 CHANGE ON WATER RESOURCES AND WATER 

7 QUALITY. 

8 (a) NATIONAL ACADEMY STUDY.—The Adminis9 trator of the Environmental Protection Agency shall enter 

10 into an arrangement with the National Academy of 

11 Sciences under which the Academy shall— 

12 (1) identify the potential impacts of climate 

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

14 and water quality, including the potential for im15 pacts to wetlands, shoreline erosion, and saltwater 

16 intrusion as a result of sea level rise, and the poten17 tial for significant regional variation in precipitation 

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

19 attain or maintain water quality; 

20 (2) assess the extent to which Federal and 

21 State efforts under the Federal Water Pollution 

22 Control Act (33 U.S.C. 1251 et. seq.) and other 

23 ocean and coastal laws may be affected by climate 

24 change; 

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1 (3) identify prudent steps to assess emerging 

2 information and identify appropriate response ac3 tions to meet the requirements of such Act, includ4 ing provisions to attain or maintain water quality 

5 standards and for adequate stream flows for wet6 lands and aquatic resources; and 

7 (4) recommend, if necessary, potential legisla8 tive or regulatory changes to address impacts of 

9 global climate change on efforts to restore and main10 tain the chemical, physical, and biological integrity 

11 of the Nation’s waters. 

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

13 after the date of the enactment of this Act, the Adminis14 trator shall transmit to Congress a report on the results 

15 of the 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 

19 ensure that water resources projects and studies carried 

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

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

22 term effects of climate change on such projects. 

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

24 the Secretary shall utilize a representative range of cli25 mate change scenarios, including the current analyses of 

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1 the United States Climate Change Science Program and 

2 the 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 Infra6 structure of the House of Representatives and the Com7 mittee on Environment and Public Works of the Senate 

8 a report on 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 

15 Emergency Management Agency shall conduct a com16 prehensive study of the increase in demand for the Agen17 cy’s emergency preparedness, response, recovery, and miti18 gation programs and services that may be reasonably an19 ticipated as a result of an increased number and intensity 

20 of natural disasters affected by climate change, including 

21 hurricanes, floods, tornadoes, fires, droughts, and severe 

22 storms. 

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

24 of the budgetary and personnel needs of meeting the inmstockstill on PROD1PC66 with BILLS

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1 creased demand for Agency services referred to in sub2 section (a). 

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

4 of enactment of this Act, the Secretary shall submit to 

5 the Committee on Transportation and Infrastructure of 

6 the House of Representatives and the Committee on 

7 Homeland Security and Governmental Affairs of the Sen8 ate a report and any legislative recommendations on the 

9 study conducted under this section. 

Æ 

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