I 
108TH CONGRESS 
1ST SESSION H. R. 1491
To authorize programs and activities to improve energy use related to 
transportation and infrastructure facilities. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 27, 2003
Mr. OBERSTAR (for himself, Ms. NORTON, Mr. HONDA, Mr. BLUMENAUER, 
Mr. PASCRELL, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. LIPINSKI, 
Mr. NADLER, Mr. HOLDEN, Ms. BERKLEY, Mr. DEFAZIO, Mr. 
HOEFFEL, Ms. MILLENDER-MCDONALD, Mr. MICHAUD, Mr. MATHESON, 
Mr. RAHALL, Mr. DAVIS of Tennessee, Mr. BISHOP of New York, and 
Mr. CAPUANO) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
Committees on Science, Ways and Means, Resources, International Rela-
tions, and Financial Services, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To authorize programs and activities to improve energy use 
related to transportation and infrastructure facilities.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Securing Transportation Energy Efficiency for Tomor-
row Act of 2003’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title. 
Sec. 2. Findings. 
TITLE I—PUBLIC BUILDINGS AND ECONOMIC DEVELOPMENT 
Sec. 101. Use of photovoltaic energy in public buildings. 
Sec. 102. Capitol complex. 
Sec. 103. Grants for brightfield site development. 
TITLE II—SURFACE TRANSPORTATION 
Sec. 201. Highway fuel conservation program. 
Sec. 202. Fuel cell bus technology development and demonstration projects. 
Sec. 203. Conserve by bicycling program. 
Sec. 204. Energy impacts of Federal-aid highway and transit projects. 
Sec. 205. Railroad efficiency. 
TITLE III—AVIATION 
Sec. 301. Clean airport bus pilot program. 
Sec. 302. Clean aircraft engines. 
TITLE IV—WATER RESOURCES 
Sec. 401. Marine efficiency. 
Sec. 402. Improving hydropower capabilities. 
Sec. 403. Encouragement of State and provincial prohibitions on off-shore drill-
ing in the Great Lakes. 
TITLE V—TAX PROVISIONS 
Sec. 501. Extension of transportation fringe benefit to commuters who bicycle, 
carpool, or use car-sharing.
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) As the Nation’s largest energy consumer, 
the Federal Government is in a unique position to 
promote energy conservation and efficiency, particu-
larly in the transportation sector and in the oper-
ation of Federal buildings. 
(2) Each year for the past 2 decades, energy 
use in the transportation sector has increased by a 
rate of 1.5 percent.
(3) In 2000, the transportation sector con-
sumed a greater share of the Nation’s petroleum (66 
percent) than it did in 1973 (50 percent). 
(4) The transportation sector is responsible for 
27 percent of all greenhouse gases emitted in the 
United States, with transportation-related emissions 
of carbon dioxide increasing by nearly 15 percent in 
the 1990’s. 
(5) Transportation remains a primary source of 
emissions for 3 of the 6 air pollutants regulated 
under the Clean Air Act: carbon monoxide, nitrogen 
oxides, and volatile organic compounds. 
(6) As the Federal Government’s largest land-
lord, the General Services Administration should 
lead in the promotion and utilization of alternative 
and efficient energy sources. 
TITLE I—PUBLIC BUILDINGS 
AND ECONOMIC DEVELOPMENT 
SEC. 101. USE OF PHOTOVOLTAIC ENERGY IN PUBLIC 
BUILDINGS. 
(a) IN GENERAL.—Subchapter VI of chapter 31 of 
title 40, United States Code, is amended by adding at the 
end the following:
‘‘§ 3177. Use of photovoltaic energy in public build-
ings 
‘‘(a) PHOTOVOLTAIC ENERGY COMMERCIALIZATION 
PROGRAM.—
‘‘(1) IN GENERAL.—The Administrator of Gen-
eral Services may establish a photovoltaic energy 
commercialization program for the procurement and 
installation of photovoltaic solar electric systems for 
electric production in new and existing public build-
ings. 
‘‘(2) PURPOSES.—The purposes of the program 
shall be to accomplish the following: 
‘‘(A) To accelerate the growth of a com-
mercially viable photovoltaic industry to make 
this energy system available to the general pub-
lic as an option which can reduce the national 
consumption of fossil fuel. 
‘‘(B) To reduce the fossil fuel consumption 
and costs of the Federal Government. 
‘‘(C) To attain the goal of installing solar 
energy systems in 20,000 Federal buildings by 
2010, as contained in the Federal Government’s 
Million Solar Roof Initiative of 1997. 
‘‘(D) To stimulate the general use within 
the Federal Government of life-cycle costing 
and innovative procurement methods.
‘‘(E) To develop program performance 
data to support policy decisions on future incen-
tive programs with respect to energy. 
‘‘(3) ACQUISITION
OF
PHOTOVOLTAIC
SOLAR 
ELECTRIC SYSTEMS.—
‘‘(A) IN
GENERAL.—The program shall 
provide for the acquisition of photovoltaic solar 
electric systems and associated storage capa-
bility for use in public buildings. 
‘‘(B) ACQUISITION LEVELS.—The acquisi-
tion of photovoltaic electric systems shall be at 
a level substantial enough to allow use of low-
cost production techniques with at least 150 
megawatts (peak) cumulative acquired during 
the 5 years of the program. 
‘‘(4) 
ADMINISTRATION.—The 
Administrator 
shall administer the program and shall—
‘‘(A) prescribe such rules and regulations 
as may be appropriate to monitor and assess 
the performance and operation of photovoltaic 
solar electric systems installed pursuant to this 
subsection; 
‘‘(B) develop innovative procurement strat-
egies for the acquisition of such systems; and
‘‘(C) transmit to the Committee on Trans-
portation and Infrastructure of the House of 
Representatives and to the Committee on Envi-
ronment and Public Works of the Senate an an-
nual report on the results of the program. 
‘‘(b) PHOTOVOLTAIC SYSTEMS EVALUATION PRO-
GRAM.—
‘‘(1) IN
GENERAL.—Not later than 60 days 
after the date of enactment of this section, the Ad-
ministrator, in consultation with the Secretary of 
Energy, shall establish a photovoltaic solar energy 
systems evaluation program to evaluate such photo-
voltaic solar energy systems as are required in public 
buildings. 
‘‘(2) PROGRAM REQUIREMENT.—In evaluating 
photovoltaic solar energy systems under the pro-
gram, the Administrator shall ensure that such sys-
tems reflect the most advanced technology. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) PHOTOVOLTAIC ENERGY COMMERCIALIZA-
TION PROGRAM.—There is authorized to be appro-
priated to carry out subsection (a) $210,000,000 for 
each of fiscal years 2004 through 2008. Such sums 
shall remain available until expended.
‘‘(2) PHOTOVOLTAIC
SYSTEMS
EVALUATION 
PROGRAM.—There is authorized to be appropriated 
to carry out subsection (b) $52,700,000 for each of 
fiscal years 2004 through 2008. Such sums shall re-
main available until expended.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
such chapter is amended by inserting after the item relat-
ing to section 3176 the following:
‘‘3177. Use of photovoltaic energy in public buildings’’.
SEC. 102. CAPITOL COMPLEX. 
(a) STUDY ON ENERGY INFRASTRUCTURE.—The Ar-
chitect of the Capitol, building on the Master Plan Study 
completed in July 2000, shall conduct a study to evaluate 
the energy infrastructure of the Capitol Complex to deter-
mine how the infrastructure could be augmented to be-
come more energy efficient, using photovoltaic solar en-
ergy systems, district-heating, and other unconventional 
and renewable energy resources, in a way that would en-
able the Complex to have reliable utility service in the 
event of power fluctuations, shortages, or outages. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Architect of the Capitol shall 
transmit to Congress a report containing the results of 
the study conducted under subsection (a). 
(c) AUTHORIZATION.—There are authorized to be ap-
propriated to the Architect of the Capitol such sums as
may be necessary to carry out this section. Such sums 
shall remain available until expended. 
SEC. 103. GRANTS FOR BRIGHTFIELD SITE DEVELOPMENT. 
(a) IN GENERAL.—Title II of the Public Works and 
Economic Development Act of 1965 (42 U.S.C. 3141 et 
seq.) is amended—
(1) by redesignating sections 210 through 213 
as sections 211 through 214, respectively; and 
(2) by inserting after section 209 the following: 
‘‘SEC. 210. GRANTS FOR BRIGHTFIELD SITE DEVELOPMENT. 
‘‘(a) BRIGHTFIELD SITE DEFINED.—In this section, 
the term ‘brightfield site’ means a brownfield site (as de-
fined in section 101 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601)) redeveloped through the incorporation of 
solar energy technologies. 
‘‘(b) ESTABLISHMENT
OF DEMONSTRATION PRO-
GRAM.—The Secretary shall carry out a demonstration 
program for the development of brightfield sites. 
‘‘(c) GRANTS.—On the application of an eligible re-
cipient, the Secretary may make grants under the program 
for projects for the development of brightfield sites. 
‘‘(d) CRITERIA FOR GRANTS.—The Secretary may 
provide a grant for a project under this section if the Sec-
retary determines that the project will—
‘‘(1) utilize solar energy technologies to develop 
abandoned or contaminated sites for commercial use; 
and 
‘‘(2) improve the commercial and economic op-
portunities in the area where the project is located. 
‘‘(e) AUTHORIZATION.—There is authorized to be ap-
propriated to carry out this section—
‘‘(1) $20,000,000 for fiscal year 2004; 
‘‘(2) $30,000,000 for fiscal year 2005; 
‘‘(3) $40,000,000 for fiscal year 2006; 
‘‘(4) $50,000,000 for fiscal year 2007; and 
‘‘(5) $60,000,000 for fiscal year 2008. 
Such sums shall remain available until expended.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents in section 1(b) of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. prec. 3121) is 
amended by striking the items relating to sections 210 
through 213 and inserting the following:
‘‘Sec. 210. Grants for brightfield site development. 
‘‘Sec. 211. Changed project circumstances. 
‘‘Sec. 212. Use of funds in projects constructed under projected cost. 
‘‘Sec. 213. Reports by recipients. 
‘‘Sec. 214. Prohibition on use of funds for attorney’s and consultant’s fees.’’.
TITLE II—SURFACE 
TRANSPORTATION 
SEC. 201. HIGHWAY FUEL CONSERVATION PROGRAM. 
(a) IN GENERAL.—Subchapter I of chapter 1 of title 
23, United States Code, is amended by adding at the end 
the following:
‘‘§ 165. Energy conservation program 
‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary 
shall establish and carry out a program to provide grants 
to States and local governments for fuel conservation 
projects. 
‘‘(b) ELIGIBLE PROJECTS.—Projects carried out 
under the program shall be designed to make operational 
improvements to reduce fuel consumption on Federal-aid 
highways and other roads. Such projects may include—
‘‘(1) data collection and analysis for improving 
traffic signal timing; 
‘‘(2) implementation of improved and coordi-
nated traffic signal timing (including capital costs of 
new systems, or system upgrades); 
‘‘(3) planning and implementation of freeway 
management systems; and 
‘‘(4) operational improvements with high reduc-
tions in energy consumption.
‘‘(c) APPLICATIONS.—To be eligible to receive a grant 
under this section, a State or local government shall sub-
mit to the Secretary an application at such time, in such 
form, and in accordance with such requirements as the 
Secretary shall establish by regulation. 
‘‘(d) FEDERAL SHARE.—The Federal share of the 
cost of a project carried out using amounts from a grant 
under this section shall be 50 percent. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
a total of $200,000,000 for fiscal years 2004 through 
2008. Such sums shall remain available until expended.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
such chapter is amended by inserting after the item relat-
ing to section 164 the following:
‘‘165. Energy conservation program.’’.
SEC. 202. FUEL CELL BUS TECHNOLOGY DEVELOPMENT 
AND DEMONSTRATION PROJECTS. 
Section 5308 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(g) FUEL CELL BUS TECHNOLOGY DEVELOPMENT 
AND DEMONSTRATION PROJECTS.—
‘‘(1) AUTHORITY TO MAKE GRANTS.—The Sec-
retary may make grants under this subsection to not 
more than 10 designated recipients for projects for
the research, development, and demonstration of fuel 
cell bus technology. 
‘‘(2) APPLICATIONS.—Not later than January 1 
of each year, any designated recipient seeking to 
apply for a grant under this subsection shall submit 
an application to the Secretary, in such form and in 
accordance with such requirements as the Secretary 
shall establish by regulation. 
‘‘(3) PREFERENCE.—In selecting grant recipi-
ents under this subsection, the Secretary shall give 
preference to those applicants who have an existing 
investment in fuel cell buses and hydrogen fuel cell 
infrastructure. 
‘‘(4) NONAPPLICABILITY OF REQUIREMENTS.—
Except as specifically provided in this subsection, 
the requirements for grants made under this section 
shall not apply to grants made under this sub-
section. 
‘‘(5) FEDERAL SHARE.—The amount of a grant 
made to a designated recipient under this subsection 
for a project shall not exceed 80 percent of the total 
cost of the project. 
‘‘(6) AVAILABILITY
OF
FUNDS.—Any amount 
made available under this subsection—
‘‘(A) shall remain available to a project for 
1 year after the fiscal year for which the 
amount is made available; and 
‘‘(B) that remains unobligated at the end 
of the period described in subparagraph (A), 
shall be added to the amount made available 
under this subsection in the following fiscal 
year. 
‘‘(7) DESIGNATED RECIPIENT DEFINED.—The 
term ‘designated recipient’ has the same meaning as 
in subsection (a). 
‘‘(8) FUNDING.—
‘‘(A) FROM
THE
TRUST
FUND.—There 
shall be available from the Mass Transit Ac-
count of the Highway Trust Fund to carry out 
this subsection—
‘‘(i) $20,000,000 for fiscal year 2004; 
‘‘(ii) $30,000,000 for fiscal year 2005; 
‘‘(iii) $40,000,000 for fiscal year 
2006; 
‘‘(iv) $50,000,000 for fiscal year 
2007; and 
‘‘(v) $60,000,000 for fiscal year 2008. 
‘‘(B) FROM THE GENERAL FUND.—In ad-
dition to amounts made available under sub-
paragraph (A), there is authorized to be appro-
priated to carry out this subsection—
‘‘(i) $10,000,000 for fiscal year 2004; 
‘‘(ii) $15,000,000 for fiscal year 2005; 
‘‘(iii) $20,000,000 for fiscal year 
2006; 
‘‘(iv) $25,000,000 for fiscal year 
2007; and 
‘‘(v) $30,000,000 for fiscal year 2008. 
‘‘(C) CONTRACT AUTHORITY.—
‘‘(i) GRANTS
FINANCED
FROM
THE 
HIGHWAY
TRUST
FUND.—A grant ap-
proved by the Secretary that is financed 
with amounts made available under sub-
paragraph (A) is a contractual obligation 
of the United States Government to pay 
the Government’s share of the cost of the 
project. 
‘‘(ii) GRANTS FINANCED FROM GEN-
ERAL FUNDS.—A grant approved by the 
Secretary that is financed with amounts 
made available under subparagraph (B) is 
a contractual obligation of the Government 
to pay the Government’s share of the cost 
of the project only to the extent that
amounts are provided in advance in an ap-
propriations Act.’’. 
SEC. 203. CONSERVE BY BICYCLING PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a Conserve By Bicycling pilot pro-
gram that shall provide for up to 10 geographically dis-
persed projects to encourage the use of bicycles in place 
of motor vehicles. 
(b) PROJECTS.—Projects carried out under this sec-
tion shall—
(1) use education and marketing to convert 
motor vehicle trips to bike trips; 
(2) establish infrastructure facilities necessary 
to support the conversion to bike trips; 
(3) document project results and energy sav-
ings; and 
(4) facilitate partnerships among entities in the 
fields of transportation, law enforcement, education, 
public health, environment, or energy. 
(c) FEDERAL SHARE.—The Federal share of the cost 
of a project carried out under this section shall not exceed 
80 percent. 
(d) REPORT.—Not later than 2 years after implemen-
tation of the projects under this section, the Secretary
shall transmit to Congress a report on the results of the 
pilot program. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$10,000,000. Such sums shall remain available until ex-
pended. 
SEC. 204. ENERGY IMPACTS OF FEDERAL-AID HIGHWAY 
AND TRANSIT PROJECTS. 
Section 109 of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(r) CONSIDERATION OF ENERGY IMPACTS.—Envi-
ronmental impact statements prepared for Federal-aid 
highway and transit projects shall consider energy impacts 
as an environmental consequence of the project. Energy 
impacts shall be quantified and comparisons made be-
tween alternatives. The cost of annual energy consumption 
shall be determined for each alternative considered in the 
environmental impact statement.’’. 
SEC. 205. RAILROAD EFFICIENCY. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation, in conjunction with the Administrator of the Envi-
ronmental Protection Agency, shall establish a public-pri-
vate research partnership involving the Federal Govern-
ment, railroad carriers, locomotive manufacturers and 
equipment suppliers, and the research and test center
dedicated to the advancement of railroad technology, effi-
ciency, and safety that is owned by the Federal Railroad 
Administration and operated in the private sector. The 
goal of the initiative shall include developing and dem-
onstrating locomotive technologies that increase fuel econ-
omy, reduce emissions, and lower costs. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$35,000,000 for each of fiscal years 2004 through 2006. 
Such sums shall remain available until expended. 
TITLE III—AVIATION 
SEC. 301. CLEAN AIRPORT BUS PILOT PROGRAM. 
(a) IN GENERAL.—Subchapter I of chapter 471 of 
title 49, United States Code, is amended by adding at the 
end the following: 
‘‘§ 47138. Clean airport bus pilot program 
‘‘(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a pilot program for awarding grants 
on a competitive basis to eligible entities for facilitating 
the use of alternative fuel and ultra-low sulfur diesel buses 
at public airports through airport bus replacement and 
fleet expansion programs under this section. 
‘‘(b) REQUIREMENTS.—Not later than 6 months 
after the date of enactment of this Act, the Secretary shall 
establish and publish in the Federal Register requirements
for implementation of the program under this section, in-
cluding eligibility for assistance, management, transfer, 
and ultimate disposition of buses, and certification re-
quirements to ensure compliance with this section. 
‘‘(c) SOLICITATION.—Not later than 9 months after 
the date of enactment of this Act, the Secretary shall so-
licit proposals for grants under this section. 
‘‘(d) ELIGIBLE
RECIPIENTS.—A grant shall be 
awarded under this section only to a public agency respon-
sible for bus service at a public airport. 
‘‘(e) TYPES OF GRANTS.—
‘‘(1) IN GENERAL.—Grants under this section 
may be for the purposes described in paragraph (2), 
paragraph (3), or both. 
‘‘(2) REPLACEMENT
BUS
GRANTS.—A grant 
under this section may be used for the acquisition of 
replacement buses. 
‘‘(3) FLEET EXPANSION BUS GRANTS.—A grant 
under this section may be used for the acquisition of 
not more than 10 buses to expand a fleet of airport 
buses at any single airport. 
‘‘(f) PRIORITY OF GRANT APPLICATIONS.—In award-
ing bus replacement grants described in subsection (e)(2), 
the Secretary shall give priority to awarding grants to ap-
plicants emphasizing the replacement of buses to be used
at a public airport located in a nonattainment area, as 
defined in section 171 of the Clean Air Act (42 U.S.C. 
7501). 
‘‘(g) CONDITIONS
OF GRANT.—A grant provided 
under this section shall include the following conditions: 
‘‘(1) All buses acquired with funds provided 
under the grant shall be operated as part of the air-
port bus fleet for which the grant was made for a 
minimum of 5 years. 
‘‘(2) Funds provided under the grant may only 
be used—
‘‘(A) to acquire new or replacement alter-
native fuel and ultra-low sulfur diesel fuel 
buses, including State taxes and contract fees; 
and 
‘‘(B) to construct infrastructure facilities 
to enable the delivery of fuel and services nec-
essary for alternative fuel and ultra-low sulfur 
diesel fuel buses. 
‘‘(h) FEDERAL SHARE.—The Federal share of the 
cost of a bus acquired or other project or activity funded 
using amounts made available to carry out this section 
shall be 80 percent. 
‘‘(i) DEPLOYMENT AND DISTRIBUTION.—The Sec-
retary shall seek to the maximum extent practicable to en-
sure a broad geographic distribution of grant awards, with 
a goal of no State receiving more than 10 percent of the 
grant funding made available under this section for a fis-
cal year. 
‘‘(j) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) AIRPORT
BUS.—The term ‘airport bus’ 
means a bus operated by a public agency to provide 
transportation between the facilities of a public air-
port. 
‘‘(2) ALTERNATIVE FUEL BUS.—The term ‘al-
ternative fuel bus’ means a bus powered substan-
tially by electricity (including electricity supplied by 
a fuel cell), or by liquefied natural gas, compressed 
natural gas, liquefied petroleum gas, hydrogen, pro-
pane, or methanol or ethanol at no less than 85 per-
cent by volume. 
‘‘(3) PUBLIC AIRPORT.—The term ‘public air-
port’ has the meaning such term has under section 
47102 of title 49, United States Code. 
‘‘(4) ULTRA-LOW
SULFUR
DIESEL
BUS.—The 
term ‘ultra-low sulfur diesel bus’ means a bus pow-
ered by diesel fuel which contains sulfur at not more 
than 15 parts per million.
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Secretary of Trans-
portation for carrying out this section—
‘‘(1) $20,000,000 for fiscal year 2004; 
‘‘(2) $30,000,000 for fiscal year 2005; 
‘‘(3) $40,000,000 for fiscal year 2006; 
‘‘(4) $50,000,000 for fiscal year 2007; and 
‘‘(5) $60,000,000 for fiscal year 2008. 
Such sums shall remain available until expended.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 471 of title 49, United States Code, is amended 
by inserting after the item relating to section 47137 the 
following:
‘‘47138. Clean airport bus pilot program.’’.
SEC. 302. CLEAN AIRCRAFT ENGINES. 
(a) PUBLIC-PRIVATE RESEARCH PARTNERSHIP.—
The Administrator of the Federal Aviation Administration 
shall establish a public-private research partnership in-
volving the Federal Aviation Administration, the National 
Aeronautics and Space Administration, research univer-
sities, and representatives of the aero-propulsion industry. 
(b) DUTIES.—The partnership shall—
(1) develop a clean ground demonstrator engine 
utilizing technologies developed by the Ultra Effi-
cient Engine Technology (UEET) and Quiet Air-
craft Technology (QAT) programs of the National 
Aeronautics and Space Administration; and 
(2) focus on the development and certification 
of environmentally friendly manufacturing tech-
nologies, materials, and overhaul and repair. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary for fiscal years 2004
through 2008. Such sums shall remain available until ex-
pended. 
TITLE IV—WATER RESOURCES 
SEC. 401. MARINE EFFICIENCY. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a public-private research partnership 
involving the Federal Government, vessel operators, ports, 
terminal operators, shipyards, and equipment suppliers to 
develop and demonstrate technologies that—
(1) increase fuel economy, reduce emissions, 
and lower costs of marine transportation; and 
(2) increase the efficiency of intermodal trans-
fers. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary for fiscal years 2004
through 2008. Such sums shall remain available until ex-
pended. 
SEC. 402. IMPROVING HYDROPOWER CAPABILITIES. 
(a) STUDY.—The Secretary of the Army shall con-
duct a study on the potential for reduced fossil fuel con-
sumption through an increase in United States hydro-
power capabilities. 
(b) CONTENTS.—The study shall include an examina-
tion of the potential for improving hydropower capabilities 
at dams owned or operated by the Corps of Engineers. 
(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall transmit to 
Congress a report containing the results of the study con-
ducted under this section. 
SEC. 403. ENCOURAGEMENT OF STATE AND PROVINCIAL 
PROHIBITIONS ON OFF-SHORE DRILLING IN 
THE GREAT LAKES. 
(a) FINDINGS.—Congress finds the following: 
(1) The water resources of the Great Lakes 
Basin are precious natural resources of the States of 
Illinois, Indiana, Michigan, Minnesota, New York, 
Ohio, Pennsylvania, and Wisconsin, and the Cana-
dian Province of Ontario.
(2) the States of Indiana, Minnesota, and Ohio 
and the Canadian Province of Ontario to enact a 
prohibition of such drilling; and 
(3) the Canadian Province of Ontario to require 
the cessation of any such drilling and any production 
resulting from such drilling. 
TITLE V—TAX PROVISIONS 
SEC. 501. EXTENSION OF TRANSPORTATION FRINGE BEN-
EFIT TO COMMUTERS WHO BICYCLE, CAR-
POOL, OR USE CAR-SHARING. 
(a) IN GENERAL.—Paragraph (1) of section 132(f) 
of the Internal Revenue Code of 1986 (relating to general 
rule for qualified transportation fringe) is amended by 
adding at the end the following: 
‘‘(D) Other commuting allowances.’’. 
(b) OTHER COMMUTING ALLOWANCES DEFINED.—
Paragraph (5) of section 132(f) of such Code (relating to 
definitions) is amended by adding at the end the following: 
‘‘(F) OTHER COMMUTING ALLOWANCES.—
‘‘(i) IN GENERAL.—The term ‘other 
commuting allowances’ means an amount 
provided to an employee for transportation 
by bicycling, carpooling, or car-sharing if 
such transportation is in connection with
travel between the employee’s residence 
and place of employment. 
‘‘(ii) BICYCLING.—For purposes of 
clause (i), bicycling includes regular bicycle 
maintenance, and expenses for accessing 
space, locker, and shower facilities, secured 
bike storage, and other services directly as-
sociated with bicycling. 
‘‘(iii) CARPOOLING.—For purposes of 
clause (i), the term ‘carpooling’ means the 
carrying of more than 1, but not more 
than 6, passengers by highway vehicle on 
any public road or highway, either regu-
larly or occasionally, with or without com-
pensation, but not for profit. 
‘‘(iv) CAR-SHARING.—For purposes of 
clause (i), the term ‘car sharing’ means 
shared-use vehicle services under which 
members are provided with access to a 
fleet of highway vehicles for use on an as-
needed basis.’’. 
(c) DOLLAR LIMITATION
ON EXCLUSION.—Para-
graph (2) of section 132(f) of such Code is amended by 
striking ‘‘and’’ at the end of subparagraph (A), by striking 
the period at the end of subparagraph (B) and inserting
‘‘, and’’, and by inserting after subparagraph (B) the fol-
lowing new subparagraph: 
‘‘(C) $75 per month in the case of the ben-
efits described in subparagraph (D) of para-
graph (1).’’. 
(d) ADJUSTMENT FOR INFLATION.—Subparagraph 
(A) of section 132(f)(6) is amended by adding at the end 
the following: ‘‘In the case of any taxable year beginning 
in a calendar year after 2003, clause (ii) shall be applied 
by substituting ‘calendar year 2002’ for ‘calendar year 
1998’ for purposes of adjusting the dollar amount con-
tained in paragraph (2)(C). 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2002.
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