643 
section 927(a) for a fiscal year, up to $500,000 
is authorized to be made available to the Inspec-
tor General of the Department of State to con-
duct reviews, investigations, and inspections of 
operations and activities of the Foundation. 
SEC. 926. GENERAL PERSONNEL AUTHORITIES. 
(a) DETAIL
OF PERSONNEL.—Upon request of the 
Chief Executive Officer, the head of an agency may detail 
any employee of such agency to the Foundation on a reim-
bursable basis. Any employee so detailed remains, for the 
purpose of preserving such employee’s allowances, privi-
leges, rights, seniority, and other benefits, an employee of 
the agency from which detailed. 
(b) REEMPLOYMENT RIGHTS.— 
(1) IN GENERAL.—An employee of an agency 
who is serving under a career or career conditional 
appointment (or the equivalent), and who, with the 
consent of the head of such agency, transfers to the 
Foundation, is entitled to be reemployed in such em-
ployee’s former position or a position of like seniority, 
status, and pay in such agency, if such employee— 
(A) is separated from the Foundation for 
any reason, other than misconduct, neglect of 
duty, or malfeasance; and
644 
(B) applies for reemployment not later than 
90 days after the date of separation from the 
Foundation. 
(2) SPECIFIC RIGHTS.—An employee who satis-
fies paragraph (1) is entitled to be reemployed (in ac-
cordance with such paragraph) within 30 days after 
applying for reemployment and, on reemployment, is 
entitled to at least the rate of basic pay to which such 
employee would have been entitled had such employee 
never transferred. 
(c) HIRING AUTHORITY.—Of persons employed by the 
Foundation, no more than 30 persons may be appointed, 
compensated, or removed without regard to the civil service 
laws and regulations. 
(d) BASIC PAY.—The Chief Executive Officer may fix 
the rate of basic pay of employees of the Foundation without 
regard to the provisions of chapter 51 of title 5, United 
States Code (relating to the classification of positions), sub-
chapter III of chapter 53 of such title (relating to General 
Schedule pay rates), except that no employee of the Founda-
tion may receive a rate of basic pay that exceeds the rate 
for level IV of the Executive Schedule under section 5315 
of such title. 
(e) DEFINITIONS.—In this section—
645 
(1) the term ‘‘agency’’ means an executive agen-
cy, as defined by section 105 of title 5, United States 
Code; and 
(2) the term ‘‘detail’’ means the assignment or 
loan of an employee, without a change of position, 
from the agency by which such employee is employed 
to the Foundation. 
SEC. 927. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this subtitle, there are authorized to be appropriated 
$20,000,000 for each of the fiscal years 2009 through 2013. 
(b) ALLOCATION OF FUNDS.— 
(1) IN GENERAL.—The Foundation may allocate 
or transfer to any agency of the United States Gov-
ernment any of the funds available for carrying out 
this subtitle. Such funds shall be available for obliga-
tion and expenditure for the purposes for which the 
funds were authorized, in accordance with authority 
granted in this subtitle or under authority governing 
the activities of the United States Government agency 
to which such funds are allocated or transferred. 
(2) NOTIFICATION.—The Foundation shall notify 
the appropriate congressional committees not less 
than 15 days prior to an allocation or transfer of 
funds pursuant to paragraph (1).
646 
Subtitle C—Miscellaneous 
Provisions 
SEC. 931. ENERGY DIPLOMACY AND SECURITY WITHIN THE 
DEPARTMENT OF STATE. 
(a) STATE DEPARTMENT COORDINATOR FOR INTER-
NATIONAL ENERGY AFFAIRS.— 
(1) IN GENERAL.—The Secretary of State should 
ensure that energy security is integrated into the core 
mission of the Department of State. 
(2) COORDINATOR FOR INTERNATIONAL ENERGY 
AFFAIRS.—There is established within the Office of 
the Secretary of State a Coordinator for International 
Energy Affairs, who shall be responsible for— 
(A) representing the Secretary of State in 
interagency efforts to develop the international 
energy policy of the United States; 
(B) ensuring that analyses of the national 
security implications of global energy and envi-
ronmental developments are reflected in the deci-
sion making process within the Department of 
State; 
(C) incorporating energy security priorities 
into the activities of the Department of State;
647 
(D) coordinating energy activities of the De-
partment of State with relevant Federal agen-
cies; and 
(E) coordinating energy security and other 
relevant functions within the Department of 
State currently undertaken by offices within— 
(i) the Bureau of Economic, Energy 
and Business Affairs; 
(ii) the Bureau of Oceans and Inter-
national Environmental and Scientific Af-
fairs; and 
(iii) other offices within the Depart-
ment of State. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums as 
may be necessary to carry out this subsection. 
(b) ENERGY EXPERTS IN KEY EMBASSIES.—Not later 
than 180 days after the date of the enactment of this Act, 
the Secretary of State shall submit a report to the Com-
mittee on Foreign Relations of the Senate and the Com-
mittee on Foreign Affairs of the House of Representatives 
that includes— 
(1) a description of the Department of State per-
sonnel who are dedicated to energy matters and are
648 
stationed at embassies and consulates in countries 
that are major energy producers or consumers; 
(2) an analysis of the need for Federal energy 
specialist personnel in United States embassies and 
other United States diplomatic missions; and 
(3) recommendations for increasing energy ex-
pertise within United States embassies among foreign 
service officers and options for assigning to such em-
bassies energy attache´s from the National Labora-
tories or other agencies within the Department of En-
ergy. 
(c) ENERGY ADVISORS.—The Secretary of Energy may 
make appropriate arrangements with the Secretary of State 
to assign personnel from the Department of Energy or the 
National Laboratories of the Department of Energy to serve 
as dedicated advisors on energy matters in embassies of the 
United States or other United States diplomatic missions. 
(d) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, and every 2 years thereafter 
for the following 20 years, the Secretary of State shall sub-
mit a report to the Committee on Foreign Relations of the 
Senate and the Committee on Foreign Affairs of the House 
of Representatives that describes—
649 
(1) the energy-related activities being conducted 
by the Department of State, including activities with-
in— 
(A) the Bureau of Economic, Energy and 
Business Affairs; 
(B) the Bureau of Oceans and Environ-
mental and Scientific Affairs; and 
(C) other offices within the Department of 
State; 
(2) the amount of funds spent on each activity 
within each office described in paragraph (1); and 
(3) the number and qualification of personnel in 
each embassy (or relevant foreign posting) of the 
United States whose work is dedicated exclusively to 
energy matters. 
SEC. 932. NATIONAL SECURITY COUNCIL REORGANIZATION. 
Section 101(a) of the National Security Act of 1947 
(50 U.S.C. 402(a)) is amended— 
(1) by redesignating paragraphs (5), (6), and (7) 
as paragraphs (6), (7), and (8), respectively; and 
(2) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) the Secretary of Energy;’’.
652 
(1) a classified form; and 
(2) an unclassified form. 
SEC. 934. CONVENTION ON SUPPLEMENTARY COMPENSA-
TION FOR NUCLEAR DAMAGE CONTINGENT 
COST ALLOCATION. 
(a) FINDINGS AND PURPOSE.— 
(1) FINDINGS.—Congress finds that— 
(A) section 170 of the Atomic Energy Act of 
1954 (42 U.S.C. 2210) (commonly known as the 
‘‘Price-Anderson Act’’)— 
(i) provides a predictable legal frame-
work necessary for nuclear projects; and 
(ii) ensures prompt and equitable com-
pensation in the event of a nuclear incident 
in the United States; 
(B) the Price-Anderson Act, in effect, pro-
vides operators of nuclear powerplants with in-
surance for damage arising out of a nuclear in-
cident and funds the insurance primarily 
through the assessment of a retrospective pre-
mium from each operator after the occurrence of 
a nuclear incident; 
(C) the Convention on Supplementary Com-
pensation for Nuclear Damage, done at Vienna
653 
on September 12, 1997, will establish a global 
system— 
(i) to provide a predictable legal 
framework necessary for nuclear energy 
projects; and 
(ii) to ensure prompt and equitable 
compensation in the event of a nuclear inci-
dent; 
(D) the Convention benefits United States 
nuclear suppliers that face potentially unlimited 
liability for nuclear incidents that are not cov-
ered by the Price-Anderson Act by replacing a 
potentially open-ended liability with a predict-
able liability regime that, in effect, provides nu-
clear suppliers with insurance for damage aris-
ing out of such an incident; 
(E) the Convention also benefits United 
States nuclear facility operators that may be 
publicly liable for a Price-Anderson incident by 
providing an additional early source of funds to 
compensate damage arising out of the Price-An-
derson incident; 
(F) the combined operation of the Conven-
tion, the Price-Anderson Act, and this section 
will augment the quantity of assured funds
654 
available for victims in a wider variety of nu-
clear incidents while reducing the potential li-
ability of United States suppliers without in-
creasing potential costs to United States opera-
tors; 
(G) the cost of those benefits is the obliga-
tion of the United States to contribute to the 
supplementary compensation fund established by 
the Convention; 
(H) any such contribution should be funded 
in a manner that does not— 
(i) upset settled expectations based on 
the liability regime established under the 
Price-Anderson Act; or 
(ii) shift to Federal taxpayers liability 
risks for nuclear incidents at foreign instal-
lations; 
(I) with respect to a Price-Anderson inci-
dent, funds already available under the Price- 
Anderson Act should be used; and 
(J) with respect to a nuclear incident out-
side the United States not covered by the Price- 
Anderson Act, a retrospective premium should be 
prorated among nuclear suppliers relieved from
655 
potential liability for which insurance is not 
available. 
(2) PURPOSE.—The purpose of this section is to 
allocate the contingent costs associated with partici-
pation by the United States in the international nu-
clear liability compensation system established by the 
Convention on Supplementary Compensation for Nu-
clear Damage, done at Vienna on September 12, 
1997— 
(A) with respect to a Price-Anderson inci-
dent, by using funds made available under sec-
tion 170 of the Atomic Energy Act of 1954 (42 
U.S.C. 2210) to cover the contingent costs in a 
manner that neither increases the burdens nor 
decreases the benefits under section 170 of that 
Act; and 
(B) with respect to a covered incident out-
side the United States that is not a Price-Ander-
son incident, by allocating the contingent costs 
equitably, on the basis of risk, among the class 
of nuclear suppliers relieved by the Convention 
from the risk of potential liability resulting from 
any covered incident outside the United States. 
(b) DEFINITIONS.—In this section:
656 
(1) 
COMMISSION.—The 
term 
‘‘Commission’’ 
means the Nuclear Regulatory Commission. 
(2) CONTINGENT COST.—The term ‘‘contingent 
cost’’ means the cost to the United States in the event 
of a covered incident the amount of which is equal to 
the amount of funds the United States is obligated to 
make available under paragraph 1(b) of Article III of 
the Convention. 
(3) 
CONVENTION.—The 
term 
‘‘Convention’’ 
means the Convention on Supplementary Compensa-
tion for Nuclear Damage, done at Vienna on Sep-
tember 12, 1997. 
(4) COVERED INCIDENT.—The term ‘‘covered in-
cident’’ means a nuclear incident the occurrence of 
which results in a request for funds pursuant to Arti-
cle VII of the Convention. 
(5) COVERED INSTALLATION.—The term ‘‘covered 
installation’’ means a nuclear installation at which 
the occurrence of a nuclear incident could result in a 
request for funds under Article VII of the Convention. 
(6) COVERED PERSON.— 
(A) IN GENERAL.—The term ‘‘covered per-
son’’ means— 
(i) a United States person; and
657 
(ii) an individual or entity (including 
an agency or instrumentality of a foreign 
country) that— 
(I) is located in the United States; 
or 
(II) carries out an activity in the 
United States. 
(B) EXCLUSIONS.—The term ‘‘covered per-
son’’ does not include— 
(i) the United States; or 
(ii) any agency or instrumentality of 
the United States. 
(7) NUCLEAR
SUPPLIER.—The term ‘‘nuclear 
supplier’’ means a covered person (or a successor in 
interest of a covered person) that— 
(A) supplies facilities, equipment, fuel, serv-
ices, or technology pertaining to the design, con-
struction, operation, or decommissioning of a 
covered installation; or 
(B) transports nuclear materials that could 
result in a covered incident. 
(8) 
PRICE-ANDERSON
INCIDENT.—The 
term 
‘‘Price-Anderson incident’’ means a covered incident 
for which section 170 of the Atomic Energy Act of 
1954 (42 U.S.C. 2210) would make funds available to
658 
compensate for public liability (as defined in section 
11 of that Act (42 U.S.C. 2014)). 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(10) UNITED STATES.— 
(A) 
IN
GENERAL.—The 
term 
‘‘United 
States’’ has the meaning given the term in sec-
tion 11 of the Atomic Energy Act of 1954 (42 
U.S.C. 2014). 
(B) 
INCLUSIONS.—The 
term 
‘‘United 
States’’ includes— 
(i) the Commonwealth of Puerto Rico; 
(ii) any other territory or possession of 
the United States; 
(iii) the Canal Zone; and 
(iv) the waters of the United States ter-
ritorial sea under Presidential Proclama-
tion Number 5928, dated December 27, 
1988 (43 U.S.C. 1331 note). 
(11) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) any individual who is a resident, na-
tional, or citizen of the United States (other than 
an individual residing outside of the United
659 
States and employed by a person who is not a 
United States person); and 
(B) any corporation, partnership, associa-
tion, joint stock company, business trust, unin-
corporated organization, or sole proprietorship 
that is organized under the laws of the United 
States. 
(c) USE OF PRICE-ANDERSON FUNDS.— 
(1) IN GENERAL.—Funds made available under 
section 170 of the Atomic Energy Act of 1954 (42 
U.S.C. 2210) shall be used to cover the contingent cost 
resulting from any Price-Anderson incident. 
(2) EFFECT.—The use of funds pursuant to 
paragraph (1) shall not reduce the limitation on pub-
lic liability established under section 170 e. of the 
Atomic Energy Act of 1954 (42 U.S.C. 2210(e)). 
(d) EFFECT ON AMOUNT OF PUBLIC LIABILITY.— 
(1) IN GENERAL.—Funds made available to the 
United States under Article VII of the Convention 
with respect to a Price-Anderson incident shall be 
used to satisfy public liability resulting from the 
Price-Anderson incident. 
(2) AMOUNT.—The amount of public liability al-
lowable under section 170 of the Atomic Energy Act 
of 1954 (42 U.S.C. 2210) relating to a Price-Ander-
660 
son incident under paragraph (1) shall be increased 
by an amount equal to the difference between— 
(A) the amount of funds made available for 
the Price-Anderson incident under Article VII of 
the Convention; and 
(B) the amount of funds used under sub-
section (c) to cover the contingent cost resulting 
from the Price-Anderson incident. 
(e) RETROSPECTIVE RISK POOLING PROGRAM.— 
(1) IN
GENERAL.—Except as provided under 
paragraph (2), each nuclear supplier shall participate 
in a retrospective risk pooling program in accordance 
with this section to cover the contingent cost resulting 
from a covered incident outside the United States that 
is not a Price-Anderson incident. 
(2) DEFERRED PAYMENT.— 
(A) IN GENERAL.—The obligation of a nu-
clear supplier to participate in the retrospective 
risk pooling program shall be deferred until the 
United States is called on to provide funds pur-
suant to Article VII of the Convention with re-
spect to a covered incident that is not a Price- 
Anderson incident. 
(B) AMOUNT OF DEFERRED PAYMENT.—The 
amount of a deferred payment of a nuclear sup-
661 
plier under subparagraph (A) shall be based on 
the risk-informed assessment formula determined 
under subparagraph (C). 
(C) 
RISK-INFORMED
ASSESSMENT
FOR-
MULA.— 
(i) IN
GENERAL.—Not later than 3 
years after the date of the enactment of this 
Act, and every 5 years thereafter, the Sec-
retary shall, by regulation, determine the 
risk-informed assessment formula for the al-
location among nuclear suppliers of the con-
tingent cost resulting from a covered inci-
dent that is not a Price-Anderson incident, 
taking into account risk factors such as— 
(I) the nature and intended pur-
pose of the goods and services supplied 
by each nuclear supplier to each cov-
ered installation outside the United 
States; 
(II) the quantity of the goods and 
services supplied by each nuclear sup-
plier to each covered installation out-
side the United States; 
(III) the hazards associated with 
the supplied goods and services if the
662 
goods and services fail to achieve the 
intended purposes; 
(IV) the hazards associated with 
the covered installation outside the 
United States to which the goods and 
services are supplied; 
(V) the legal, regulatory, and fi-
nancial infrastructure associated with 
the covered installation outside the 
United States to which the goods and 
services are supplied; and 
(VI) the hazards associated with 
particular forms of transportation. 
(ii) FACTORS FOR CONSIDERATION.— 
In determining the formula, the Secretary 
may— 
(I) exclude— 
(aa) goods and services with 
negligible risk; 
(bb) classes of goods and 
services not intended specifically 
for use in a nuclear installation; 
(cc) a nuclear supplier with 
a de minimis share of the contin-
gent cost; and
663 
(dd) a nuclear supplier no 
longer in existence for which there 
is no identifiable successor; and 
(II) establish the period on which 
the risk assessment is based. 
(iii) APPLICATION.—In applying the 
formula, the Secretary shall not consider 
any covered installation or transportation 
for which funds would be available under 
section 170 of the Atomic Energy Act of 
1954 (42 U.S.C. 2210). 
(iv) REPORT.—Not later than 5 years 
after the date of the enactment of this Act, 
and every 5 years thereafter, the Secretary 
shall submit to the Committee on Environ-
ment and Public Works of the Senate and 
the Committee on Energy and Commerce of 
the House of Representatives a report on 
whether there is a need for continuation or 
amendment of this section, taking into ac-
count the effects of the implementation of 
the Convention on the United States nuclear 
industry and suppliers. 
(f) REPORTING.— 
(1) COLLECTION OF INFORMATION.—
664 
(A) IN GENERAL.—The Secretary may col-
lect information necessary for developing and 
implementing the formula for calculating the de-
ferred payment of a nuclear supplier under sub-
section (e)(2). 
(B) PROVISION
OF
INFORMATION.—Each 
nuclear supplier and other appropriate persons 
shall make available to the Secretary such infor-
mation, reports, records, documents, and other 
data as the Secretary determines, by regulation, 
to be necessary or appropriate to develop and 
implement 
the 
formula 
under 
subsection 
(e)(2)(C). 
(2) PRIVATE INSURANCE.—The Secretary shall 
make available to nuclear suppliers, and insurers of 
nuclear suppliers, information to support the vol-
untary establishment and maintenance of private in-
surance against any risk for which nuclear suppliers 
may be required to pay deferred payments under this 
section. 
(g) EFFECT ON LIABILITY.—Nothing in any other law 
(including regulations) limits liability for a covered inci-
dent to an amount equal to less than the amount prescribed 
in paragraph 1(a) of Article IV of the Convention, unless 
the law—
665 
(1) specifically refers to this section; and 
(2) explicitly repeals, alters, amends, modifies, 
impairs, displaces, or supersedes the effect of this sub-
section. 
(h) PAYMENTS TO AND BY THE UNITED STATES.— 
(1) ACTION BY NUCLEAR SUPPLIERS.— 
(A) NOTIFICATION.—In the case of a request 
for funds under Article VII of the Convention re-
sulting from a covered incident that is not a 
Price-Anderson incident, the Secretary shall no-
tify each nuclear supplier of the amount of the 
deferred payment required to be made by the nu-
clear supplier. 
(B) PAYMENTS.— 
(i) IN GENERAL.—Except as provided 
under clause (ii), not later than 60 days 
after receipt of a notification under sub-
paragraph (A), a nuclear supplier shall pay 
to the general fund of the Treasury the de-
ferred payment of the nuclear supplier re-
quired under subparagraph (A). 
(ii) ANNUAL
PAYMENTS.—A nuclear 
supplier may elect to prorate payment of 
the deferred payment required under sub-
paragraph (A) in 5 equal annual payments
666 
(including interest on the unpaid balance at 
the prime rate prevailing at the time the 
first payment is due). 
(C) VOUCHERS.—A nuclear supplier shall 
submit payment certification vouchers to the 
Secretary of the Treasury in accordance with 
section 3325 of title 31, United States Code. 
(2) USE OF FUNDS.— 
(A) IN GENERAL.—Amounts paid into the 
Treasury under paragraph (1) shall be available 
to the Secretary of the Treasury, without further 
appropriation and without fiscal year limita-
tion, for the purpose of making the contributions 
of public funds required to be made by the 
United States under the Convention. 
(B) ACTION
BY
SECRETARY
OF
TREAS-
URY.—The Secretary of the Treasury shall pay 
the contribution required under the Convention 
to the court of competent jurisdiction under Arti-
cle XIII of the Convention with respect to the ap-
plicable covered incident. 
(3) FAILURE TO PAY.—If a nuclear supplier fails 
to make a payment required under this subsection, 
the Secretary may take appropriate action to recover 
from the nuclear supplier—
667 
(A) the amount of the payment due from the 
nuclear supplier; 
(B) any applicable interest on the payment; 
and 
(C) a penalty of not more than twice the 
amount of the deferred payment due from the 
nuclear supplier. 
(i) LIMITATION ON JUDICIAL REVIEW; CAUSE OF AC-
TION.— 
(1) LIMITATION ON JUDICIAL REVIEW.— 
(A) IN GENERAL.—In any civil action aris-
ing under the Convention over which Article 
XIII of the Convention grants jurisdiction to the 
courts of the United States, any appeal or review 
by writ of mandamus or otherwise with respect 
to a nuclear incident that is not a Price-Ander-
son incident shall be in accordance with chapter 
83 of title 28, United States Code, except that the 
appeal or review shall occur in the United States 
Court of Appeals for the District of Columbia 
Circuit. 
(B) SUPREME COURT JURISDICTION.—Noth-
ing in this paragraph affects the jurisdiction of 
the Supreme Court of the United States under 
chapter 81 of title 28, United States Code.
668 
(2) CAUSE OF ACTION.— 
(A) IN GENERAL.—Subject to subparagraph 
(B), in any civil action arising under the Con-
vention over which Article XIII of the Conven-
tion grants jurisdiction to the courts of the 
United States, in addition to any other cause of 
action that may exist, an individual or entity 
shall have a cause of action against the operator 
to recover for nuclear damage suffered by the in-
dividual or entity. 
(B) 
REQUIREMENT.—Subparagraph 
(A) 
shall apply only if the individual or entity seeks 
a remedy for nuclear damage (as defined in Ar-
ticle I of the Convention) that was caused by a 
nuclear incident (as defined in Article I of the 
Convention) that is not a Price-Anderson inci-
dent. 
(C) SAVINGS PROVISION.—Nothing in this 
paragraph may be construed to limit, modify, 
extinguish, or otherwise affect any cause of ac-
tion that would have existed in the absence of en-
actment of this paragraph. 
(j) RIGHT OF RECOURSE.—This section does not pro-
vide to an operator of a covered installation any right of 
recourse under the Convention.
669 
(k) PROTECTION OF SENSITIVE UNITED STATES IN-
FORMATION.—Nothing in the Convention or this section re-
quires the disclosure of— 
(1) any data that, at any time, was Restricted 
Data (as defined in section 11 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2014)); 
(2) information relating to intelligence sources or 
methods protected by section 102A(i) of the National 
Security Act of 1947 (50 U.S.C. 403–1(i)); or 
(3) national security information classified 
under Executive Order 12958 (50 U.S.C. 435 note; re-
lating to classified national security information) (or 
a successor Executive Order or regulation). 
(l) REGULATIONS.— 
(1) IN GENERAL.—The Secretary or the Commis-
sion, as appropriate, may prescribe regulations to 
carry out section 170 of the Atomic Energy Act of 
1954 (42 U.S.C. 2210) and this section. 
(2) REQUIREMENT.—Rules prescribed under this 
subsection shall ensure, to the maximum extent prac-
ticable, that— 
(A) the implementation of section 170 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2210) 
and this section is consistent and equitable; and
670 
(B) the financial and operational burden on 
a Commission licensee in complying with section 
170 of that Act is not greater as a result of the 
enactment of this section. 
(3) APPLICABILITY OF PROVISION.—Section 553 
of title 5, United States Code, shall apply with re-
spect to the promulgation of regulations under this 
subsection. 
(4) EFFECT
OF
SUBSECTION.—The authority 
provided under this subsection is in addition to, and 
does not impair or otherwise affect, any other author-
ity of the Secretary or the Commission to prescribe 
regulations. 
(m) EFFECTIVE DATE.—This section shall take effect 
on the date of the enactment of this Act. 
SEC. 935. TRANSPARENCY IN EXTRACTIVE INDUSTRIES RE-
SOURCE PAYMENTS. 
(a) PURPOSE.—The purpose of this section is to— 
(1) ensure greater United States energy security 
by combating corruption in the governments of for-
eign countries that receive revenues from the sale of 
their natural resources; and 
(2) enhance the development of democracy and 
increase political and economic stability in such re-
source rich foreign countries.
671 
(b) STATEMENT OF POLICY.—It is the policy of the 
United States— 
(1) to increase energy security by promoting 
anti-corruption initiatives in oil and natural gas rich 
countries; and 
(2) to promote global energy security through 
promotion of programs such as the Extractive Indus-
tries Transparency Initiative (EITI) that seek to in-
still transparency and accountability into extractive 
industries resource payments. 
(c) SENSE OF CONGRESS.—It is the sense of Congress 
that the United States should further global energy security 
and promote democratic development in resource-rich for-
eign countries by— 
(1) encouraging further participation in the 
EITI by eligible countries and companies; and 
(2) promoting the efficacy of the EITI program 
by ensuring a robust and candid review mechanism. 
(d) REPORT.— 
(1) REPORT
REQUIRED.—Not later than 180 
days after the date of the enactment of this Act, and 
annually thereafter, the Secretary of State, in con-
sultation with the Secretary of Energy, shall submit 
to the appropriate congressional committees a report
672 
on progress made in promoting transparency in ex-
tractive industries resource payments. 
(2) MATTERS TO BE INCLUDED.—The report re-
quired by paragraph (1) shall include a detailed de-
scription of United States participation in the EITI, 
bilateral and multilateral diplomatic efforts to further 
participation in the EITI, and other United States 
initiatives to strengthen energy security, deter energy 
kleptocracy, and promote transparency in the extrac-
tive industries. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $3,000,000 for the purposes 
of United States contributions to the Multi-Donor Trust 
Fund of the EITI. 
TITLE X—GREEN JOBS 
SEC. 1001. SHORT TITLE. 
This title may be cited as the ‘‘Green Jobs Act of 
2007’’. 
SEC. 1002. ENERGY EFFICIENCY AND RENEWABLE ENERGY 
WORKER TRAINING PROGRAM. 
Section 171 of the Workforce Investment Act of 1998 
(29 U.S.C. 2916) is amended by adding at the end the fol-
lowing: 
‘‘(e) ENERGY EFFICIENCY AND RENEWABLE ENERGY 
WORKER TRAINING PROGRAM.—
673 
‘‘(1) GRANT PROGRAM.— 
‘‘(A) IN
GENERAL.—Not later than 6 
months after the date of enactment of the Green 
Jobs Act of 2007, the Secretary, in consultation 
with the Secretary of Energy, shall establish an 
energy efficiency and renewable energy worker 
training program under which the Secretary 
shall carry out the activities described in para-
graph (2) to achieve the purposes of this sub-
section. 
‘‘(B) ELIGIBILITY.—For purposes of pro-
viding assistance and services under the program 
established under this subsection— 
‘‘(i) target populations of eligible indi-
viduals to be given priority for training 
and other services shall include— 
‘‘(I) workers impacted by national 
energy and environmental policy; 
‘‘(II) individuals in need of up-
dated training related to the energy ef-
ficiency and renewable energy indus-
tries; 
‘‘(III) veterans, or past and 
present members of reserve components 
of the Armed Forces;
674 
‘‘(IV) unemployed individuals; 
‘‘(V) individuals, including at- 
risk youth, seeking employment path-
ways out of poverty and into economic 
self-sufficiency; and 
‘‘(VI) formerly incarcerated, adju-
dicated, nonviolent offenders; and 
‘‘(ii) energy efficiency and renewable 
energy industries eligible to participate in a 
program under this subsection include— 
‘‘(I) the energy-efficient building, 
construction, and retrofits industries; 
‘‘(II) the renewable electric power 
industry; 
‘‘(III) the energy efficient and ad-
vanced drive train vehicle industry; 
‘‘(IV) the biofuels industry; 
‘‘(V) the deconstruction and mate-
rials use industries; 
‘‘(VI) the energy efficiency assess-
ment industry serving the residential, 
commercial, or industrial sectors; and 
‘‘(VII) 
manufacturers 
that 
produce sustainable products using en-
675 
vironmentally 
sustainable 
processes 
and materials. 
‘‘(2) ACTIVITIES.— 
‘‘(A) NATIONAL
RESEARCH
PROGRAM.— 
Under the program established under paragraph 
(1), the Secretary, acting through the Bureau of 
Labor Statistics, where appropriate, shall collect 
and analyze labor market data to track work-
force trends resulting from energy-related initia-
tives carried out under this subsection. Activities 
carried out under this paragraph shall include— 
‘‘(i) tracking and documentation of 
academic and occupational competencies as 
well as future skill needs with respect to re-
newable energy and energy efficiency tech-
nology; 
‘‘(ii) tracking and documentation of 
occupational information and workforce 
training data with respect to renewable en-
ergy and energy efficiency technology; 
‘‘(iii) collaborating with State agen-
cies, workforce investments boards, industry, 
organized labor, and community and non-
profit organizations to disseminate informa-
tion on successful innovations for labor
676 
market services and worker training with 
respect to renewable energy and energy effi-
ciency technology; 
‘‘(iv) serving as a clearinghouse for 
best practices in workforce development, job 
placement, and collaborative training part-
nerships; 
‘‘(v) encouraging the establishment of 
workforce training initiatives with respect 
to renewable energy and energy efficiency 
technologies; 
‘‘(vi) linking research and development 
in renewable energy and energy efficiency 
technology with the development of stand-
ards and curricula for current and future 
jobs; 
‘‘(vii) assessing new employment and 
work practices including career ladder and 
upgrade training as well as high perform-
ance work systems; and 
‘‘(viii) providing technical assistance 
and capacity building to national and 
State energy partnerships, including indus-
try and labor representatives.
677 
‘‘(B) NATIONAL
ENERGY
TRAINING
PART-
NERSHIP GRANTS.— 
‘‘(i) IN GENERAL.—Under the program 
established under paragraph (1), the Sec-
retary shall award National Energy Train-
ing Partnerships Grants on a competitive 
basis to eligible entities to enable such enti-
ties to carry out training that leads to eco-
nomic self-sufficiency and to develop an en-
ergy efficiency and renewable energy indus-
tries workforce. Grants shall be awarded 
under this subparagraph so as to ensure ge-
ographic diversity with at least 2 grants 
awarded to entities located in each of the 4 
Petroleum Administration for Defense Dis-
tricts with no subdistricts, and at least 1 
grant awarded to an entity located in each 
of the subdistricts of the Petroleum Admin-
istration for Defense District with subdis-
tricts. 
‘‘(ii) ELIGIBILITY.—To be eligible to 
receive a grant under clause (i), an entity 
shall be a nonprofit partnership that— 
‘‘(I) includes the equal participa-
tion of industry, including public or
678 
private employers, and labor organiza-
tions, including joint labor-manage-
ment training programs, and may in-
clude workforce investment boards, 
community-based organizations, quali-
fied service and conservation corps, 
educational institutions, small busi-
nesses, cooperatives, State and local 
veterans agencies, and veterans service 
organizations; and 
‘‘(II) demonstrates— 
‘‘(aa) experience in imple-
menting and operating worker 
skills training and education pro-
grams; 
‘‘(bb) the ability to identify 
and involve in training programs 
carried out under this grant, tar-
get populations of individuals 
who would benefit from training 
and be actively involved in activi-
ties related to energy efficiency 
and renewable energy industries; 
and
679 
‘‘(cc) the ability to help indi-
viduals achieve economic self-suf-
ficiency. 
‘‘(iii) PRIORITY.—Priority shall be 
given to partnerships which leverage addi-
tional public and private resources to fund 
training programs, including cash or in- 
kind matches from participating employers. 
‘‘(C) STATE LABOR MARKET RESEARCH, IN-
FORMATION, AND LABOR EXCHANGE RESEARCH 
PROGRAM.— 
‘‘(i) IN GENERAL.—Under the program 
established under paragraph (1), the Sec-
retary shall award competitive grants to 
States to enable such States to administer 
labor market and labor exchange informa-
tion programs that include the implementa-
tion of the activities described in clause (ii), 
in coordination with the one-stop delivery 
system. 
‘‘(ii) ACTIVITIES.—A State shall use 
amounts awarded under a grant under this 
subparagraph to provide funding to the 
State agency that administers the Wagner- 
Peyser Act and State unemployment com-
680 
pensation programs to carry out the fol-
lowing activities using State agency merit 
staff: 
‘‘(I) The identification of job 
openings in the renewable energy and 
energy efficiency sector. 
‘‘(II) The administration of skill 
and aptitude testing and assessment 
for workers. 
‘‘(III) The counseling, case man-
agement, and referral of qualified job 
seekers to openings and training pro-
grams, including energy efficiency and 
renewable energy training programs. 
‘‘(D) STATE
ENERGY
TRAINING
PARTNER-
SHIP PROGRAM.— 
‘‘(i) IN GENERAL.—Under the program 
established under paragraph (1), the Sec-
retary shall award competitive grants to 
States to enable such States to administer 
renewable energy and energy efficiency 
workforce development programs that in-
clude the implementation of the activities 
described in clause (ii).
681 
‘‘(ii) PARTNERSHIPS.—A State shall 
use amounts awarded under a grant under 
this subparagraph to award competitive 
grants to eligible State Energy Sector Part-
nerships to enable such Partnerships to co-
ordinate with existing apprenticeship and 
labor management training programs and 
implement training programs that lead to 
the economic self-sufficiency of trainees. 
‘‘(iii) ELIGIBILITY.—To be eligible to 
receive a grant under this subparagraph, a 
State Energy Sector Partnership shall— 
‘‘(I) consist of nonprofit organiza-
tions that include equal participation 
from industry, including public or pri-
vate nonprofit employers, and labor or-
ganizations, including joint labor- 
management training programs, and 
may include representatives from local 
governments, the workforce investment 
system, including one-stop career cen-
ters, community based organizations, 
qualified 
service 
and 
conservation 
corps, community colleges, and other 
post-secondary institutions, small busi-
682 
nesses, cooperatives, State and local 
veterans agencies, and veterans service 
organizations; 
‘‘(II) demonstrate experience in 
implementing and operating worker 
skills training and education pro-
grams; and 
‘‘(III) demonstrate the ability to 
identify and involve in training pro-
grams, target populations of workers 
who would benefit from training and 
be actively involved in activities re-
lated to energy efficiency and renew-
able energy industries. 
‘‘(iv) PRIORITY.—In awarding grants 
under this subparagraph, the Secretary 
shall give priority to States that dem-
onstrate that activities under the grant— 
‘‘(I) meet national energy policies 
associated with energy efficiency, re-
newable energy, and the reduction of 
emissions of greenhouse gases; 
‘‘(II) meet State energy policies 
associated with energy efficiency, re-
683 
newable energy, and the reduction of 
emissions of greenhouse gases; and 
‘‘(III) leverage additional public 
and private resources to fund training 
programs, including cash or in-kind 
matches from participating employers. 
‘‘(v) COORDINATION.—A grantee under 
this subparagraph shall coordinate activi-
ties carried out under the grant with exist-
ing other appropriate training programs, 
including apprenticeship and labor man-
agement training programs, including such 
activities referenced in paragraph (3)(A), 
and implement training programs that lead 
to the economic self-sufficiency of trainees. 
‘‘(E) PATHWAYS
OUT
OF
POVERTY
DEM-
ONSTRATION PROGRAM.— 
‘‘(i) IN GENERAL.—Under the program 
established under paragraph (1), the Sec-
retary shall award competitive grants of 
sufficient size to eligible entities to enable 
such entities to carry out training that 
leads to economic self-sufficiency. The Sec-
retary shall give priority to entities that 
serve individuals in families with income of
684 
less than 200 percent of the sufficiency 
standard for the local areas where the train-
ing is conducted that specifies, as defined by 
the State, or where such standard is not es-
tablished, the income needs of families, by 
family size, the number and ages of children 
in the family, and sub-State geographical 
considerations. Grants shall be awards to 
ensure geographic diversity. 
‘‘(ii) ELIGIBLE ENTITIES.—To be eligi-
ble to receive a grant an entity shall be a 
partnership that— 
‘‘(I) 
includes 
community-based 
nonprofit organizations, educational 
institutions with expertise in serving 
low-income adults or youth, public or 
private employers from the industry 
sectors 
described 
in 
paragraph 
(1)(B)(ii), and labor organizations 
representing workers in such industry 
sectors; 
‘‘(II) demonstrates a record of 
successful experience in implementing 
and operating worker skills training 
and education programs;
685 
‘‘(III) 
coordinates 
activities, 
where appropriate, with the workforce 
investment system; and 
‘‘(IV) demonstrates the ability to 
recruit individuals for training and to 
support such individuals to successful 
completion in training programs car-
ried out under this grant, targeting 
populations of workers who are or will 
be engaged in activities related to en-
ergy efficiency and renewable energy 
industries. 
‘‘(iii) 
PRIORITIES.—In 
awarding 
grants under this paragraph, the Secretary 
shall give priority to applicants that— 
‘‘(I) target programs to benefit 
low-income workers, unemployed youth 
and adults, high school dropouts, or 
other underserved sectors of the work-
force within areas of high poverty; 
‘‘(II) ensure that supportive serv-
ices are integrated with education and 
training, and delivered by organiza-
tions with direct access to and experi-
ence with targeted populations;
686 
‘‘(III) leverage additional public 
and private resources to fund training 
programs, including cash or in-kind 
matches from participating employers; 
‘‘(IV) involve employers and labor 
organizations in the determination of 
relevant skills and competencies and 
ensure that the certificates or creden-
tials that result from the training are 
employer-recognized; 
‘‘(V) deliver courses at alternative 
times (such as evening and weekend 
programs) and locations most conven-
ient and accessible to participants and 
link adult remedial education with oc-
cupational skills training; and 
‘‘(VI) demonstrate substantial ex-
perience in administering local, mu-
nicipal, State, Federal, foundation, or 
private entity grants. 
‘‘(iv) 
DATA
COLLECTION.—Grantees 
shall collect and report the following infor-
mation: 
‘‘(I) The number of participants.
687 
‘‘(II) The demographic character-
istics of participants, including race, 
gender, age, parenting status, partici-
pation in other Federal programs, edu-
cation and literacy level at entry, sig-
nificant barriers to employment (such 
as limited English proficiency, crimi-
nal record, addiction or mental health 
problem requiring treatment, or mental 
disability). 
‘‘(III) The services received by 
participants, including training, edu-
cation, and supportive services. 
‘‘(IV) The amount of program 
spending per participant. 
‘‘(V) Program completion rates. 
‘‘(VI) Factors determined as sig-
nificantly interfering with program 
participation or completion. 
‘‘(VII) The rate of Job placement 
and the rate of employment retention 
after 1 year. 
‘‘(VIII) The average wage at 
placement, including any benefits, and
688 
the rate of average wage increase after 
1 year. 
‘‘(IX) Any post-employment sup-
portive services provided. 
The Secretary shall assist grantees in the 
collection of data under this clause by mak-
ing available, where practicable, low-cost 
means of tracking the labor market out-
comes of participants, and by providing 
standardized reporting forms, where appro-
priate. 
‘‘(3) ACTIVITIES.— 
‘‘(A) IN GENERAL.—Activities to be carried 
out under a program authorized by subpara-
graph (B), (D), or (E) of paragraph (2) shall be 
coordinated with existing systems or providers, 
as appropriate. Such activities may include— 
‘‘(i) occupational skills training, in-
cluding curriculum development, on-the-job 
training, and classroom training; 
‘‘(ii) safety and health training; 
‘‘(iii) the provision of basic skills, lit-
eracy, GED, English as a second language, 
and job readiness training;
689 
‘‘(iv) individual referral and tuition 
assistance for a community college training 
program, or any training program leading 
to an industry-recognized certificate; 
‘‘(v) internship programs in fields re-
lated to energy efficiency and renewable en-
ergy; 
‘‘(vi) customized training in conjunc-
tion with an existing registered apprentice-
ship program or labor-management part-
nership; 
‘‘(vii) incumbent worker and career 
ladder training and skill upgrading and re-
training; 
‘‘(viii) the implementation of transi-
tional jobs strategies; and 
‘‘(ix) the provision of supportive serv-
ices. 
‘‘(B) OUTREACH ACTIVITIES.—In addition 
to the activities authorized under subparagraph 
(A), activities authorized for programs under 
subparagraph (E) of paragraph (2) may include 
the provision of outreach, recruitment, career 
guidance, and case management services.
690 
‘‘(4) 
WORKER
PROTECTIONS
AND
NON-
DISCRIMINATION REQUIREMENTS.— 
‘‘(A) APPLICATION OF WIA.—The provisions 
of sections 181 and 188 of the Workforce Invest-
ment Act of 1998 (29 U.S.C. 2931 and 2938) 
shall apply to all programs carried out with as-
sistance under this subsection. 
‘‘(B) CONSULTATION WITH LABOR ORGANI-
ZATIONS.—If a labor organization represents a 
substantial number of workers who are engaged 
in similar work or training in an area that is 
the same as the area that is proposed to be fund-
ed under this Act, the labor organization shall be 
provided an opportunity to be consulted and to 
submit comments in regard to such a proposal. 
‘‘(5) PERFORMANCE MEASURES.— 
‘‘(A) IN GENERAL.—The Secretary shall ne-
gotiate and reach agreement with the eligible en-
tities that receive grants and assistance under 
this section on performance measures for the in-
dicators of performance referred to in subpara-
graphs (A) and (B) of section 136(b)(2) that will 
be used to evaluate the performance of the eligible 
entity in carrying out the activities described in 
subsection (e)(2). Each performance measure
691 
shall consist of such an indicator of performance, 
and a performance level referred to in subpara-
graph (B). 
‘‘(B) PERFORMANCE
LEVELS.—The Sec-
retary shall negotiate and reach agreement with 
the eligible entity regarding the levels of perform-
ance expected to be achieved by the eligible entity 
on the indicators of performance. 
‘‘(6) REPORT.— 
‘‘(A) STATUS REPORT.—Not later than 18 
months after the date of enactment of the Green 
Jobs Act of 2007, the Secretary shall transmit a 
report to the Senate Committee on Energy and 
Natural Resources, the Senate Committee on 
Health, Education, Labor, and Pensions, the 
House Committee on Education and Labor, and 
the House Committee on Energy and Commerce 
on the training program established by this sub-
section. The report shall include a description of 
the entities receiving funding and the activities 
carried out by such entities. 
‘‘(B) EVALUATION.—Not later than 3 years 
after the date of enactment of such Act, the Sec-
retary shall transmit to the Senate Committee on 
Energy and Natural Resources, the Senate Com-
692 
mittee on Health, Education, Labor, and Pen-
sions, the House Committee on Education and 
Labor, and the House Committee on Energy and 
Commerce an assessment of such program and 
an evaluation of the activities carried out by en-
tities receiving funding from such program. 
‘‘(7) DEFINITION.—As used in this subsection, 
the term ‘renewable energy’ has the meaning given 
such term in section 203(b)(2) of the Energy Policy 
Act of 2005 (Public Law 109–58). 
‘‘(8) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection, $125,000,000 for each fiscal years, of 
which— 
‘‘(A) not to exceed 20 percent of the amount 
appropriated in each such fiscal year shall be 
made available for, and shall be equally divided 
between, national labor market research and in-
formation under paragraph (2)(A) and State 
labor market information and labor exchange re-
search under paragraph (2)(C), and not more 
than 2 percent of such amount shall be for the 
evaluation and report required under paragraph 
(4);
693 
‘‘(B) 20 percent shall be dedicated to Path-
ways Out of Poverty Demonstration Programs 
under paragraph (2)(E); and 
‘‘(C) the remainder shall be divided equally 
between National Energy Partnership Training 
Grants under paragraph (2)(B) and State en-
ergy training partnership grants under para-
graph (2)(D).’’. 
TITLE XI—ENERGY TRANSPOR-
TATION 
AND 
INFRASTRUC-
TURE 
Subtitle A—Department of 
Transportation 
SEC. 1101. OFFICE OF CLIMATE CHANGE AND ENVIRON-
MENT. 
(a) IN GENERAL.—Section 102 of title 49, United 
States Code, is amended— 
(1) by redesignating subsection (g) as subsection 
(h); and 
(2) by inserting after subsection (f) the following: 
‘‘(g) OFFICE
OF CLIMATE CHANGE
AND ENVIRON-
MENT.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the Department an Office of Climate Change and En-
vironment to plan, coordinate, and implement—
694 
‘‘(A) department-wide research, strategies, 
and actions under the Department’s statutory 
authority to reduce transportation-related energy 
use and mitigate the effects of climate change; 
and 
‘‘(B) department-wide research strategies 
and actions to address the impacts of climate 
change on transportation systems and infra-
structure. 
‘‘(2) CLEARINGHOUSE.—The Office shall estab-
lish a clearinghouse of solutions, including cost-effec-
tive congestion reduction approaches, to reduce air 
pollution and transportation-related energy use and 
mitigate the effects of climate change.’’. 
(b) COORDINATION.—The Office of Climate Change 
and Environment of the Department of Transportation 
shall coordinate its activities with the United States Global 
Change Research Program. 
(c) TRANSPORTATION SYSTEM’S IMPACT ON CLIMATE 
CHANGE AND FUEL EFFICIENCY.— 
(1) STUDY.—The Office of Climate Change and 
Environment, in coordination with the Environ-
mental Protection Agency and in consultation with 
the United States Global Change Research Program, 
shall conduct a study to examine the impact of the
695 
Nation’s transportation system on climate change and 
the fuel efficiency savings and clean air impacts of 
major transportation projects, to identify solutions to 
reduce air pollution and transportation-related en-
ergy use and mitigate the effects of climate change, 
and to examine the potential fuel savings that could 
result from changes in the current transportation sys-
tem and through the use of intelligent transportation 
systems that help businesses and consumers to plan 
their travel and avoid delays, including Web-based 
real-time transit information systems, congestion in-
formation systems, carpool information systems, 
parking information systems, freight route manage-
ment systems, and traffic management systems. 
(2) REPORT.—Not later than one year after the 
date of enactment of this Act, the Secretary of Trans-
portation, in coordination with the Administrator of 
the Environmental Protection Agency, shall transmit 
to the Committee on Transportation and Infrastruc-
ture and the Committee on Energy and Commerce of 
the House of Representatives and the Committee on 
Commerce, Science, and Transportation and the Com-
mittee on Environment and Public Works of the Sen-
ate a report that contains the results of the study re-
quired under this section.
696 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary of Transpor-
tation for the Office of Climate Change and Environment 
to carry out its duties under section 102(g) of title 49, 
United States Code (as amended by this Act), such sums 
as may be necessary for fiscal years 2008 through 2011. 
Subtitle B—Railroads 
SEC. 1111. ADVANCED TECHNOLOGY LOCOMOTIVE GRANT 
PILOT PROGRAM. 
(a) IN GENERAL.—The Secretary of Transportation, 
in consultation with the Administrator of the Environ-
mental Protection Agency, shall establish and carry out a 
pilot program for making grants to railroad carriers (as 
defined in section 20102 of title 49, United States Code) 
and State and local governments— 
(1) for assistance in purchasing hybrid or other 
energy-efficient locomotives, including hybrid switch 
and generator-set locomotives; and 
(2) to demonstrate the extent to which such loco-
motives increase fuel economy, reduce emissions, and 
lower costs of operation. 
(b) LIMITATION.—Notwithstanding subsection (a), no 
grant under this section may be used to fund the costs of 
emissions reductions that are mandated under Federal law.
697 
(c) GRANT CRITERIA.—In selecting applicants for 
grants under this section, the Secretary of Transportation 
shall consider— 
(1) the level of energy efficiency that would be 
achieved by the proposed project; 
(2) the extent to which the proposed project 
would assist in commercial deployment of hybrid or 
other energy-efficient locomotive technologies; 
(3) the extent to which the proposed project com-
plements other private or governmental partnership 
efforts to improve air quality or fuel efficiency in a 
particular area; and 
(4) the extent to which the applicant dem-
onstrates innovative strategies and a financial com-
mitment to increasing energy efficiency and reducing 
greenhouse gas emissions of its railroad operations. 
(d) COMPETITIVE GRANT SELECTION PROCESS.— 
(1) APPLICATIONS.—A railroad carrier or State 
or local government seeking a grant under this section 
shall submit for approval by the Secretary of Trans-
portation an application for the grant containing 
such information as the Secretary of Transportation 
may require. 
(2) COMPETITIVE SELECTION.—The Secretary of 
Transportation shall conduct a national solicitation
698 
for applications for grants under this section and 
shall select grantees on a competitive basis. 
(e) FEDERAL SHARE.—The Federal share of the cost 
of a project under this section shall not exceed 80 percent 
of the project cost. 
(f) REPORT.—Not later than 3 years after the date of 
enactment of this Act, the Secretary of Transportation shall 
submit to Congress a report on the results of the pilot pro-
gram carried out under this section. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of Transpor-
tation $10,000,000 for each of the fiscal years 2008 through 
2011 to carry out this section. Such funds shall remain 
available until expended. 
SEC. 1112. CAPITAL GRANTS FOR CLASS II AND CLASS III 
RAILROADS. 
(a) AMENDMENT.—Chapter 223 of title 49, United 
States Code, is amended to read as follows: 
‘‘CHAPTER 223—CAPITAL GRANTS FOR 
CLASS II AND CLASS III RAILROADS 
‘‘Sec. 
‘‘22301. Capital grants for class II and class III railroads. 
‘‘§ 22301. Capital grants for class II and class III rail-
roads 
‘‘(a) ESTABLISHMENT OF PROGRAM.—
699 
‘‘(1) ESTABLISHMENT.—The Secretary of Trans-
portation shall establish a program for making cap-
ital grants to class II and class III railroads. Such 
grants shall be for projects in the public interest 
that— 
‘‘(A)(i) rehabilitate, preserve, or improve 
railroad track (including roadbed, bridges, and 
related track structures) used primarily for 
freight transportation; 
‘‘(ii) facilitate the continued or greater use 
of railroad transportation for freight shipments; 
and 
‘‘(iii) reduce the use of less fuel efficient 
modes of transportation in the transportation of 
such shipments; and 
‘‘(B) demonstrate innovative technologies 
and advanced research and development that in-
crease fuel economy, reduce greenhouse gas emis-
sions, and lower the costs of operation. 
‘‘(2) PROVISION
OF
GRANTS.—Grants may be 
provided under this chapter— 
‘‘(A) directly to the class II or class III 
railroad; or
700 
‘‘(B) with the concurrence of the class II or 
class III railroad, to a State or local govern-
ment. 
‘‘(3) STATE COOPERATION.—Class II and class 
III railroad applicants for a grant under this chapter 
are encouraged to utilize the expertise and assistance 
of State transportation agencies in applying for and 
administering such grants. State transportation agen-
cies are encouraged to provide such expertise and as-
sistance to such railroads. 
‘‘(4) REGULATIONS.—Not later than October 1, 
2008, the Secretary shall issue final regulations to 
implement the program under this section. 
‘‘(b) MAXIMUM FEDERAL SHARE.—The maximum 
Federal share for carrying out a project under this section 
shall be 80 percent of the project cost. The non-Federal share 
may be provided by any non-Federal source in cash, equip-
ment, or supplies. Other in-kind contributions may be ap-
proved by the Secretary on a case-by-case basis consistent 
with this chapter. 
‘‘(c) USE OF FUNDS.—Grants provided under this sec-
tion shall be used to implement track capital projects as 
soon as possible. In no event shall grant funds be contrac-
tually obligated for a project later than the end of the third 
Federal fiscal year following the year in which the grant
701 
was awarded. Any funds not so obligated by the end of such 
fiscal year shall be returned to the Secretary for realloca-
tion. 
‘‘(d) EMPLOYEE PROTECTION.—The Secretary shall 
require as a condition of any grant made under this section 
that the recipient railroad provide a fair arrangement at 
least as protective of the interests of employees who are af-
fected by the project to be funded with the grant as the terms 
imposed under section 11326(a), as in effect on the date 
of the enactment of this chapter. 
‘‘(e) LABOR STANDARDS.— 
‘‘(1) PREVAILING WAGES.—The Secretary shall 
ensure that laborers and mechanics employed by con-
tractors and subcontractors in construction work fi-
nanced by a grant made under this section will be 
paid wages not less than those prevailing on similar 
construction in the locality, as determined by the Sec-
retary of Labor under subchapter IV of chapter 31 of 
title 40 (commonly known as the ‘Davis-Bacon Act’). 
The Secretary shall make a grant under this section 
only after being assured that required labor standards 
will be maintained on the construction work. 
‘‘(2) WAGE RATES.—Wage rates in a collective 
bargaining agreement negotiated under the Railway 
Labor Act (45 U.S.C. 151 et seq.) are deemed for pur-
702 
poses of this subsection to comply with the subchapter 
IV of chapter 31 of title 40. 
‘‘(f) STUDY.—The Secretary shall conduct a study of 
the projects carried out with grant assistance under this 
section to determine the extent to which the program helps 
promote a reduction in fuel use associated with the trans-
portation of freight and demonstrates innovative tech-
nologies that increase fuel economy, reduce greenhouse gas 
emissions, and lower the costs of operation. Not later than 
March 31, 2009, the Secretary shall submit a report to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate on the study, in-
cluding any recommendations the Secretary considers ap-
propriate regarding the program. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary $50,000,000 
for each of fiscal years 2008 through 2011 for carrying out 
this section.’’. 
(b) CLERICAL AMENDMENT.—The item relating to 
chapter 223 in the table of chapters of subtitle V of title 
49, United States Code, is amended to read as follows: 
‘‘223. CAPITAL GRANTS FOR CLASS II AND CLASS III RAIL-
ROADS ............................................................................... 22301’’.
703 
Subtitle C—Marine Transportation 
SEC. 1121. SHORT SEA TRANSPORTATION INITIATIVE. 
(a) IN GENERAL.—Title 46, United States Code, is 
amended by adding after chapter 555 the following: 
‘‘CHAPTER 556—SHORT SEA 
TRANSPORTATION 
‘‘Sec. 55601. Short sea transportation program. 
‘‘Sec. 55602. Cargo and shippers. 
‘‘Sec. 55603. Interagency coordination. 
‘‘Sec. 55604. Research on short sea transportation. 
‘‘Sec. 55605. Short sea transportation defined. 
‘‘§ 55601. Short sea transportation program 
‘‘(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a short sea transportation program 
and designate short sea transportation projects to be con-
ducted under the program to mitigate landside congestion. 
‘‘(b) PROGRAM ELEMENTS.—The program shall en-
courage the use of short sea transportation through the de-
velopment and expansion of— 
‘‘(1) documented vessels; 
‘‘(2) shipper utilization; 
‘‘(3) port and landside infrastructure; and 
‘‘(4) marine transportation strategies by State 
and local governments. 
‘‘(c) SHORT SEA TRANSPORTATION ROUTES.—The 
Secretary shall designate short sea transportation routes as 
extensions of the surface transportation system to focus pub-
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lic and private efforts to use the waterways to relieve 
landside congestion along coastal corridors. The Secretary 
may collect and disseminate data for the designation and 
delineation of short sea transportation routes. 
‘‘(d) PROJECT DESIGNATION.—The Secretary may 
designate a project to be a short sea transportation project 
if the Secretary determines that the project may— 
‘‘(1) offer a waterborne alternative to available 
landside transportation services using documented 
vessels; and 
‘‘(2) provide transportation services for pas-
sengers or freight (or both) that may reduce conges-
tion on landside infrastructure using documented ves-
sels. 
‘‘(e) ELEMENTS OF PROGRAM.—For a short sea trans-
portation project designated under this section, the Sec-
retary may— 
‘‘(1) promote the development of short sea trans-
portation services; 
‘‘(2) coordinate, with ports, State departments of 
transportation, localities, other public agencies, and 
the private sector and on the development of landside 
facilities and infrastructure to support short sea 
transportation services; and
705 
‘‘(3) develop performance measures for the short 
sea transportation program. 
‘‘(f) MULTISTATE, STATE AND REGIONAL TRANSPOR-
TATION PLANNING.—The Secretary, in consultation with 
Federal entities and State and local governments, shall de-
velop strategies to encourage the use of short sea transpor-
tation for transportation of passengers and cargo. The Sec-
retary shall— 
‘‘(1) assess the extent to which States and local 
governments include short sea transportation and 
other marine transportation solutions in their trans-
portation planning; 
‘‘(2) encourage State departments of transpor-
tation to develop strategies, where appropriate, to in-
corporate short sea transportation, ferries, and other 
marine transportation solutions for regional and 
interstate transport of freight and passengers in their 
transportation planning; and 
‘‘(3) encourage groups of States and multi-State 
transportation entities to determine how short sea 
transportation can address congestion, bottlenecks, 
and other interstate transportation challenges. 
‘‘§ 55602. Cargo and shippers 
‘‘(a) MEMORANDUMS OF AGREEMENT.—The Secretary 
of Transportation shall enter into memorandums of under-
706 
standing with the heads of other Federal entities to trans-
port federally owned or generated cargo using a short sea 
transportation project designated under section 55601 when 
practical or available. 
‘‘(b) SHORT-TERM INCENTIVES.—The Secretary shall 
consult shippers and other participants in transportation 
logistics and develop proposals for short-term incentives to 
encourage the use of short sea transportation. 
‘‘§ 55603. Interagency coordination 
‘‘The Secretary of Transportation shall establish a 
board to identify and seek solutions to impediments hin-
dering effective use of short sea transportation. The board 
shall include representatives of the Environmental Protec-
tion Agency and other Federal, State, and local govern-
mental entities and private sector entities. 
‘‘§ 55604. Research on short sea transportation 
‘‘The Secretary of Transportation, in consultation 
with the Administrator of the Environmental Protection 
Agency, may conduct research on short sea transportation, 
regarding— 
‘‘(1) the environmental and transportation bene-
fits to be derived from short sea transportation alter-
natives for other forms of transportation; 
‘‘(2) technology, vessel design, and other im-
provements that would reduce emissions, increase fuel
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economy, and lower costs of short sea transportation 
and increase the efficiency of intermodal transfers; 
and 
‘‘(3) solutions to impediments to short sea trans-
portation projects designated under section 55601. 
‘‘§ 55605. Short sea transportation defined 
‘‘In this chapter, the term ‘short sea transportation’ 
means the carriage by vessel of cargo— 
‘‘(1) that is— 
‘‘(A) contained in intermodal cargo con-
tainers and loaded by crane on the vessel; or 
‘‘(B) loaded on the vessel by means of 
wheeled technology; and 
‘‘(2) that is— 
‘‘(A) loaded at a port in the United States 
and unloaded either at another port in the 
United States or at a port in Canada located in 
the Great Lakes Saint Lawrence Seaway Sys-
tem; or 
‘‘(B) loaded at a port in Canada located in 
the Great Lakes Saint Lawrence Seaway System 
and unloaded at a port in the United States.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters at 
the beginning of subtitle V of such title is amended by in-
serting after the item relating to chapter 555 the following: 
‘‘556. Short Sea Transportation .......................................................55601’’.
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(c) REGULATIONS.— 
(1) INTERIM REGULATIONS.—Not later than 90 
days after the date of enactment of this Act, the Sec-
retary of Transportation shall issue temporary regu-
lations to implement the program under this section. 
Subchapter II of chapter 5 of title 5, United States 
Code, does not apply to a temporary regulation issued 
under this paragraph or to an amendment to such a 
temporary regulation. 
(2) FINAL REGULATIONS.—Not later than Octo-
ber 1, 2008, the Secretary of Transportation shall 
issue final regulations to implement the program 
under this section. 
SEC. 1122. SHORT SEA SHIPPING ELIGIBILITY FOR CAPITAL 
CONSTRUCTION FUND. 
(a) DEFINITION
OF
QUALIFIED
VESSEL.—Section 
53501 of title 46, United States Code, is amended— 
(1) in paragraph (5)(A)(iii) by striking ‘‘or non-
contiguous domestic’’ and inserting ‘‘noncontiguous 
domestic, or short sea transportation trade’’; and 
(2) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) SHORT SEA TRANSPORTATION TRADE.—The 
term ‘short sea transportation trade’ means the car-
riage by vessel of cargo—