[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2701 Reported in House (RH)]






                                                 Union Calendar No. 581
110th CONGRESS
  2d Session
                                H. R. 2701

                          [Report No. 110-904]

To strengthen our Nation's energy security and mitigate the effects of 
climate change by promoting energy efficient transportation and public 
buildings, creating incentives for the use of alternative fuel vehicles 
  and renewable energy, and ensuring sound water resource and natural 
        disaster preparedness planning, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 13, 2007

  Mr. Oberstar (for himself, Mr. DeFazio, Ms. Norton, Mr. Nadler, Mr. 
 Filner, Ms. Eddie Bernice Johnson of Texas, Mr. Boswell, Mr. Capuano, 
Ms. Carson, Mr. Higgins, Mrs. Napolitano, Mr. Lipinski, Ms. Matsui, Mr. 
  Hall of New York, and Mr. McNerney) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

                           September 29, 2008

                    Additional sponsor: Mr. Loebsack

                           September 29, 2008

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on June 
                               13, 2007]

_______________________________________________________________________

                                 A BILL


 
To strengthen our Nation's energy security and mitigate the effects of 
climate change by promoting energy efficient transportation and public 
buildings, creating incentives for the use of alternative fuel vehicles 
  and renewable energy, and ensuring sound water resource and natural 
        disaster preparedness planning, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 ``Transportation 
Energy Security and Climate Change Mitigation Act of 2007''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.

                 TITLE I--DEPARTMENT OF TRANSPORTATION

Sec. 101. Center for climate change and environment.

                     TITLE II--HIGHWAYS AND TRANSIT

                   Subtitle A--Public Transportation

Sec. 201. Grants to improve public transportation services.
Sec. 202. Increased Federal share for Clean Air Act compliance.
Sec. 203. Commuter rail transit enhancement.

                    Subtitle B--Federal-Aid Highways

Sec. 251. Increased Federal share for CMAQ projects.
Sec. 252. Distribution of rescissions.
Sec. 253. Sense of Congress regarding use of complete streets design 
                            techniques.

            TITLE III--RAILROAD AND PIPELINE TRANSPORTATION

                         Subtitle A--Railroads

Sec. 301. Green locomotive grant program.
Sec. 302. Capital grants for railroad track.

                         Subtitle B--Pipelines

Sec. 311. Feasibility studies.

                   TITLE IV--MARITIME TRANSPORTATION

                     Subtitle A--General Provisions

Sec. 401. Short sea transportation initiative.
Sec. 402. Short sea shipping eligibility for capital construction fund.
Sec. 403. Report.
Sec. 404. Green ports initiative.

                     Subtitle B--Maritime Pollution

Sec. 451. References.
Sec. 452. Definitions.
Sec. 453. Applicability.
Sec. 454. Administration and enforcement.
Sec. 455. Certificates.
Sec. 456. Reception facilities.
Sec. 457. Inspections.
Sec. 458. Amendments to the protocol.
Sec. 459. Penalties.
Sec. 460. Effect on other laws.

                           TITLE V--AVIATION

Sec. 501. CLEEN engine and airframe technology partnership.
Sec. 502. Environmental mitigation pilot program.

                       TITLE VI--PUBLIC BUILDINGS

              Subtitle A--General Services Administration

Sec. 601. Public building energy efficient and renewable energy 
                            systems.
Sec. 602. Public building life-cycle costs.
Sec. 603. Installation of photovoltaic system at department of energy 
                            headquarters building.

                        Subtitle B--Coast Guard

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

                  Subtitle C--Architect of the Capitol

Sec. 651. Capitol complex photovoltaic roof feasibility study.
Sec. 652. Capitol complex E-85 refueling station.
Sec. 653. Energy and environmental measures in Capitol complex master 
                            plan.
Sec. 654. Capitol Power Plant.

    TITLE VII--WATER RESOURCES AND EMERGENCY MANAGEMENT PREPAREDNESS

                      Subtitle A--Water Resources

Sec. 701. Policy of the United States.
Sec. 702. 21st Century Water Commission.
Sec. 703. Improving hydropower capabilities.
Sec. 704. Study of Potential Impacts of Climate Change on Water 
                            Resources and Water Quality.
Sec. 705. Impacts of climate change on Corps of Engineers projects.

                    Subtitle B--Emergency Management

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

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Evidence that atmospheric warming and climate change 
        are occurring is unequivocal.
            (2) Observed and anticipated impacts of climate change can 
        result in economic harm and environmental damage to the United 
        States and the world.
            (3) The Nation's water resources, ecosystems, and 
        infrastructure will be under increasing stress and pressure in 
        coming decades, particularly due to climate change.
            (4) Greenhouse gases, such as carbon dioxide, methane, and 
        nitrous oxides, can lead to atmospheric warming and climate 
        change.
            (5) Transportation and buildings are among the leading 
        sources of greenhouse gas emissions.
            (6) Increased reliance on energy efficient and renewable 
        energy transportation and public buildings can strengthen our 
        Nation's energy security and mitigate the effects of climate 
        change by cutting greenhouse gas emissions.
            (7) The Federal Government can strengthen our Nation's 
        energy security and mitigate the effects of climate change by 
        promoting energy efficient transportation and public buildings, 
        creating incentives for the use of alternative fuel vehicles 
        and renewable energy, and ensuring sound water resource and 
        natural disaster preparedness planning.
    (b) Purposes.--The purposes of this Act are to strengthen our 
Nation's energy security and mitigate the effects of climate change by 
promoting energy efficient transportation and public buildings, 
creating incentives for the use of alternative fuel vehicles and 
renewable energy, and ensuring sound water resource and natural 
disaster preparedness planning.

                 TITLE I--DEPARTMENT OF TRANSPORTATION

SEC. 101. CENTER FOR CLIMATE CHANGE AND ENVIRONMENT.

    (a) In General.--Section 102 of title 49, United States Code, is 
amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by adding after subsection (f) the following:
    ``(g) Center for Climate Change and Environment.--
            ``(1) Establishment.--There is established in the 
        Department a Center for Climate Change and Environment to plan, 
        coordinate, and implement--
                    ``(A) department-wide research, strategies, and 
                actions to reduce transportation-related energy use and 
                mitigate the effects of climate change; and
                    ``(B) department-wide research strategies and 
                action to address the impacts of climate change on 
                transportation systems and infrastructure.
            ``(2) Clearinghouse.--The Center shall establish a 
        clearinghouse of low-cost solutions to reduce congestion and 
        transportation-related energy use and mitigate the effects of 
        climate change.''.
    (b) Low-Cost Congestion Solutions.--
            (1) Study.--The Center for Climate Change and Environment 
        of the Department of Transportation shall conduct a study to 
        examine fuel efficiency savings and clean air impacts of major 
        transportation projects, to identify low-cost solutions to 
        reduce congestion and transportation-related energy use and 
        mitigate the effects of climate change, and to alleviate such 
        problems as railroad pricing that may force freight off the 
        more fuel efficient railroads and onto less fuel efficient 
        trucks.
            (2) Report.--Not later than one year after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        transmit to the Committee on Transportation and Infrastructure 
        of the House of Representatives a report on low-cost solutions 
        to reducing congestion and transportation-related energy use 
        and mitigating the effects of climate change.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for the Center to carry out its duties 
under section 102(g) of title 49, United States Code, such sums as may 
be necessary for fiscal years 2008 through 2011.

                     TITLE II--HIGHWAYS AND TRANSIT

                   Subtitle A--Public Transportation

SEC. 201. GRANTS TO IMPROVE PUBLIC TRANSPORTATION SERVICES.

    (a) Authorizations of Appropriations.--
            (1) Urbanized area formula grants.--In addition to amounts 
        allocated under section 5338(b)(2)(B) of title 49, United 
        States Code, to carry out section 5307 of such title, there is 
        authorized to be appropriated $750,000,000 for each of fiscal 
        years 2008 and 2009 to carry out such section 5307. Such funds 
        shall be apportioned in accordance with section 5336 (other 
        than subsections (i)(1) and (j)) of such title but may not be 
        combined or commingled with any other funds apportioned under 
        such section 5336.
            (2) Formula grants for other than urbanized areas.--In 
        addition to amounts allocated under section 5338(b)(2)(G) of 
        title 49, United States Code, to carry out section 5311 of such 
        title, there is authorized to be appropriated $100,000,000 for 
        each of fiscal years 2008 and 2009 to carry out such section 
        5311. Such funds shall be apportioned in accordance with such 
        section 5311 but may not be combined or commingled with any 
        other funds apportioned under such section 5311.
    (b) Use of Funds.--Notwithstanding sections 5307 and 5311 of title 
49, United States Code, the Secretary of Transportation may make grants 
under such sections from amounts appropriated under subsection (a) only 
for one or more of the following:
            (1) If the recipient of the grant is reducing, or certifies 
        to the Secretary that, during the term of the grant, the 
        recipient will reduce one or more fares the recipient charges 
        for public transportation, those operating costs of equipment 
        and facilities being used to provide the public transportation 
        that the recipient is no longer able to pay from the revenues 
        derived from such fare or fares as a result of such reduction.
            (2) If the recipient of the grant is expanding, or 
        certifies to the Secretary that, during the term of the grant, 
        the recipient will expand public transportation service, those 
        operating and capital costs of equipment and facilities being 
        used to provide the public transportation service that the 
        recipient incurs as a result of the expansion of such service.
    (c) Federal Share.--Notwithstanding any other provision of law, the 
Federal share of the costs for which a grant is made under this section 
shall be 100 percent.
    (d) Period of Availability.--Funds appropriated under this section 
shall remain available for a period of 2 fiscal years.

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

    Notwithstanding section 5323(i)(1) of title 49, United States Code, 
a grant for a project to be assisted under chapter 53 of such title 
during fiscal years 2008 and 2009 that involves acquiring clean fuel or 
alternative fuel vehicle-related equipment or facilities for the 
purposes of complying with or maintaining compliance with the Clean Air 
Act (42 U.S.C. 7401 et seq.) shall be for 100 percent of the net 
project cost of the equipment or facility attributable to compliance 
with that Act.

SEC. 203. COMMUTER RAIL TRANSIT ENHANCEMENT.

    (a) Amendment.--Part E of subtitle V of title 49, United States 
Code, is amended by adding at the end the following:

            ``CHAPTER 285--COMMUTER RAIL TRANSIT ENHANCEMENT

``Sec.
``28501. Definitions.
``28502. Surface Transportation Board mediation of trackage use 
                            requests.
``28503. Surface Transportation Board mediation of rights-of-way use 
                            requests.
``28504. Applicability of other laws.
``28505. Rules and regulations.
``Sec. 28501. Definitions
    ``In this chapter--
            ``(1) the term `Board' means the Surface Transportation 
        Board;
            ``(2) the term `capital work' means maintenance, 
        restoration, reconstruction, capacity enhancement, or 
        rehabilitation work on trackage that would be treated, in 
        accordance with generally accepted accounting principles, as a 
        capital item rather than an expense;
            ``(3) the term `fixed guideway transportation' means public 
        transportation (as defined in section 5302(a)(10)) provided on, 
        by, or using a fixed guideway (as defined in section 
        5302(a)(4));
            ``(4) the term `public transportation authority' means a 
        local governmental authority (as defined in section 5302(a)(6)) 
        established to provide, or make a contract providing for, fixed 
        guideway transportation;
            ``(5) the term `rail carrier' means a person, other than a 
        governmental authority, providing common carrier railroad 
        transportation for compensation subject to the jurisdiction of 
        the Board under chapter 105;
            ``(6) the term `segregated fixed guideway facility' means a 
        fixed guideway facility constructed within the railroad right-
        of-way of a rail carrier but physically separate from trackage, 
        including relocated trackage, within the right-of-way used by a 
        rail carrier for freight transportation purposes; and
            ``(7) the term `trackage' means a railroad line of a rail 
        carrier, including a spur, industrial, team, switching, side, 
        yard, or station track, and a facility of a rail carrier.
``Sec. 28502. Surface Transportation Board mediation of trackage use 
              requests
    ``If, after a reasonable period of negotiation, a public 
transportation authority cannot reach agreement with a rail carrier to 
use trackage of, and have related services provided by, the rail 
carrier for purposes of fixed guideway transportation, the public 
transportation authority or the rail carrier may apply to the Board for 
nonbinding mediation. The Board shall conduct the nonbinding mediation 
in accordance with the mediation process of section 1109.4 of title 49, 
Code of Federal Regulations, as in effect on the date of enactment of 
this section.
``Sec. 28503. Surface Transportation Board mediation of rights-of-way 
              use requests
    ``If, after a reasonable period of negotiation, a public 
transportation authority cannot reach agreement with a rail carrier to 
acquire an interest in a railroad right-of-way for the construction and 
operation of a segregated fixed guideway facility, the public 
transportation authority or the rail carrier may apply to the Board for 
nonbinding mediation. The Board shall conduct the nonbinding mediation 
in accordance with the mediation process of section 1109.4 of title 49, 
Code of Federal Regulations, as in effect on the date of enactment of 
this section.
``Sec. 28504. Applicability of other laws
    ``Nothing in this chapter shall be construed to limit a rail 
transportation provider's right under section 28103(b) to enter into 
contracts that allocate financial responsibility for claims.
``Sec. 28505. Rules and regulations
    ``Not later than 180 days after the date of enactment of this 
section, the Board shall issue such rules and regulations as may be 
necessary to carry out this chapter.''.
    (b) Clerical Amendment.--The table of chapters of such subtitle is 
amended by adding after the item relating to chapter 283 the following:

``285. COMMUTER RAIL TRANSIT ENHANCEMENT....................   28501''.

                    Subtitle B--Federal-Aid Highways

SEC. 251. INCREASED FEDERAL SHARE FOR CMAQ PROJECTS.

    Section 120(c) of title 23, United States Code, is amended--
            (1) in the subsection heading by striking ``for Certain 
        Safety Projects'';
            (2) by striking ``The Federal share'' and inserting the 
        following:
            ``(1) Certain safety projects.--The Federal share''; and
            (3) by adding at the end the following:
            ``(2) CMAQ projects.--The Federal share payable on account 
        of a project or program carried out under section 149 with 
        funds obligated in fiscal year 2008 or 2009, or both, shall be 
        100 percent of the cost thereof.''.

SEC. 252. DISTRIBUTION OF RESCISSIONS.

    (a) In General.--Any unobligated balances of amounts that are 
appropriated from the Highway Trust Fund for a fiscal year, and 
apportioned under chapter 1 of title 23, United States Code, before, 
on, or after the date of enactment of this Act and that are rescinded 
after such date of enactment shall be distributed within each State (as 
defined in section 101 of such title) among all programs for which 
funds are apportioned under such chapter for such fiscal year, to the 
extent sufficient funds remain available for obligation, in the ratio 
that the amount of funds apportioned for each program under such 
chapter for such fiscal year, bears to the amount of funds apportioned 
for all such programs under such chapter for such fiscal year.
    (b) Treatment of Transportation Enhancement Set-Aside and Funds 
Suballocated to Substate Areas.--Funds set aside under sections 
133(d)(2) and 133(d)(3) of title 23, United States Code, shall be 
treated as being apportioned under chapter 1 of such title for purposes 
of subsection (a).

SEC. 253. SENSE OF CONGRESS REGARDING USE OF COMPLETE STREETS DESIGN 
              TECHNIQUES.

    It is the sense of Congress that in constructing new roadways or 
rehabilitating existing facilities, State and local governments should 
employ policies designed to accommodate all users, including motorists, 
pedestrians, cyclists, transit riders, and people of all ages and 
abilities, in order to--
            (1) serve all surface transportation users by creating a 
        more interconnected and intermodal system;
            (2) create more viable transportation options; and
            (3) facilitate the use of environmentally friendly options, 
        such as public transportation, walking, and bicycling.

            TITLE III--RAILROAD AND PIPELINE TRANSPORTATION

                         Subtitle A--Railroads

SEC. 301. GREEN LOCOMOTIVE GRANT PROGRAM.

    (a) In General.--The Secretary of Transportation shall establish a 
program for making grants to railroad carriers and State and local 
governments for assistance in purchasing qualified locomotives.
    (b) Railroad Carrier Defined.--The term ``railroad carrier'' has 
the meaning that the term has in section 20102 of title 49, United 
States Code.
    (c) Use of Funds.----
            (1) Grants.--The Secretary may make a grant to a railroad 
        carrier or a State or local government--
                    (A) to purchase locomotives, including switch 
                locomotives, that exceed the Environmental Protection 
                Agency's emission standards for locomotives and 
                locomotive engines; or
                    (B) to recondition locomotives, including switch 
                locomotives, to ensure that such locomotives meet or 
                exceed the Environmental Protection Agency's emission 
                standards for locomotives and locomotive engines.
            (2) Limitation.--Notwithstanding paragraph (1), no grant 
        under this section may be used to fund the costs of emission 
        reductions that are mandated under Federal, State, or local 
        law.
    (d) Grant Criteria.--In selecting applicants for grants under this 
section, the Secretary shall consider--
            (1) the identified need for locomotives that exceed the 
        Environmental Protection Agency's emission standards for 
        locomotives or locomotive engines in the areas served by the 
        applicant;
            (2) the benefits of the emissions reductions of the 
        proposed project; and
            (3) the extent to which the applicant demonstrates 
        innovative strategies and a financial commitment to increasing 
        energy efficiency and reducing greenhouse gas emissions of its 
        railroad operations.
    (e) Competitive Grant Selection.--The Secretary shall conduct a 
national solicitation for applications for grants under this section 
and shall select grantees on a competitive basis.
    (f) Federal Share.--The Federal share of the costs for a project 
under this section shall not exceed 90 percent of the project cost.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $50,000,000 for each of the fiscal years 
2008 through 2011 to carry out this section. Such funds shall remain 
available until expended.

SEC. 302. CAPITAL GRANTS FOR RAILROAD TRACK.

    (a) Amendment.--Chapter 223 of title 49, United States Code, is 
amended to read as follows:

            ``CHAPTER 223--CAPITAL GRANTS FOR RAILROAD TRACK

``Sec.
``22301. Capital grants for railroad track.
``Sec. 22301. Capital grants for railroad track
    ``(a) Establishment of Program.--
            ``(1) Establishment.--The Secretary of Transportation shall 
        establish a program of capital grants for the rehabilitation, 
        preservation, or improvement of railroad track (including 
        roadbed, bridges, and related track structures) of class II and 
        class III railroads. Such grants shall be for rehabilitating, 
        preserving, or improving track used primarily for freight 
        transportation to a standard ensuring that the track can be 
        operated safely and efficiently, including grants for 
        rehabilitating, preserving, or improving track to handle 
        286,000 pound railcars. Grants may be provided under this 
        chapter--
                    ``(A) directly to the class II or class III 
                railroad; or
                    ``(B) with the concurrence of the class II or class 
                III railroad, to a State or local government.
            ``(2) 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 agencies are encouraged to provide such 
        expertise and assistance to such railroads.
            ``(3) Interim regulations.--Not later than December 31, 
        2007, the Secretary shall issue temporary regulations to 
        implement the program under this section. Subchapter II of 
        chapter 5 of title 5 does not apply to a temporary regulation 
        issued under this paragraph or to an amendment to such a 
        temporary regulation.
            ``(4) Final 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, equipment, or supplies. Other in-kind contributions may 
be approved by the Secretary on a case-by-case basis consistent with 
this chapter.
    ``(c) Project Eligibility.--For a project to be eligible for 
assistance under this section the track must have been operated or 
owned by a class II or class III railroad as of the date of the 
enactment of this chapter.
    ``(d) Use of Funds.--Grants provided under this section shall be 
used to implement track capital projects as soon as possible. In no 
event shall grant funds be contractually obligated for a project later 
than the end of the third Federal fiscal year following the year in 
which the grant was awarded. Any funds not so obligated by the end of 
such fiscal year shall be returned to the Secretary for reallocation.
    ``(e) 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 affected 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.
    ``(f) Labor Standards.--
            ``(1) Prevailing wages.--The Secretary shall ensure that 
        laborers and mechanics employed by contractors and 
        subcontractors in construction work financed 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 Secretary 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 purposes of this subsection to comply 
        with the subchapter IV of chapter 31 of title 40.
    ``(g) Study.--The Secretary shall conduct a study of the projects 
carried out with grant assistance under this section to determine the 
public interest benefits associated with the light density railroad 
networks in the States and their contribution to a multimodal 
transportation system. Not later than March 31, 2009, the Secretary 
shall report to Congress any recommendations the Secretary considers 
appropriate regarding the eligibility of light density rail networks 
for Federal infrastructure financing.
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Transportation $250,000,000 for each 
of fiscal years 2008 through 2011 for carrying out this section.''.
    (b) Conforming 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 RAILROAD TRACK....................   22301''.

                         Subtitle B--Pipelines

SEC. 311. FEASIBILITY STUDIES.

    (a) In General.--The Secretary of Energy, in coordination with the 
Secretary of Transportation, shall conduct feasibility studies for the 
construction of pipelines dedicated to the transportation of ethanol.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Energy shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on such feasibility studies.
    (c) Study Factors.--Feasibility studies funded under this subtitle 
shall include consideration of--
            (1) existing or potential barriers to the construction of 
        pipelines dedicated to the transportation of ethanol, including 
        technical, siting, financing, and regulatory barriers;
            (2) market risk, including throughput risk;
            (3) regulatory, financing, and siting options that would 
        mitigate such risk and help ensure the construction of 
        pipelines dedicated to the transportation of ethanol;
            (4) ensuring the safe transportation of ethanol and 
        preventive measures to ensure pipeline integrity; and
            (5) such other factors as the Secretary of Energy considers 
        appropriate.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Energy to carry out this section 
$1,000,000 for each of the fiscal years 2008 and 2009, to remain 
available until expended.

                   TITLE IV--MARITIME TRANSPORTATION

                     Subtitle A--General Provisions

SEC. 401. 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. Financing of short sea transportation projects.
``Sec. 55604. Interagency coordination.
``Sec. 55605. Research on short sea transportation.
``Sec. 55606. Short sea transportation defined.
``Sec. 55601. Short sea transportation program
    ``(a) Establishment.--The Secretary of Transportation shall 
establish a short sea transportation program and designate short sea 
transportation projects to be conducted under the program to mitigate 
landside congestion.
    ``(b) Program Elements.--The program shall encourage the use of 
short sea transportation through the development 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 public 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 passengers or 
        freight (or both) that may reduce congestion on landside 
        infrastructure using documented vessels.
    ``(e) Elements of Program.--For a short sea transportation project 
designated under this section, the Secretary of Transportation may--
            ``(1) promote the development of short sea transportation 
        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
            ``(3) develop performance measures for the short sea 
        transportation program.
    ``(f) Multistate, State and Regional Transportation Planning.--The 
Secretary, in consultation with Federal entities and State and local 
governments, shall develop strategies to encourage the use of short sea 
transportation for transportation of passengers and cargo. The 
Secretary shall--
            ``(1) assess the extent to which States and local 
        governments include short sea transportation and other marine 
        transportation solutions in their transportation planning;
            ``(2) encourage State departments of transportation to 
        develop strategies, where appropriate, to incorporate 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.
``Sec. 55602. Cargo and shippers
    ``(a) Memorandums of Agreement.--The Secretary of Transportation 
shall enter into memorandums of understanding with the heads of other 
Federal entities to transport 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.
``Sec. 55603. Financing of short sea transportation projects
    ``(a) Authority To Make Loan Guarantee.--The Secretary of 
Transportation, subject to the availability of appropriations, may make 
a loan guarantee for the financing of the construction, reconstruction, 
or reconditioning of a vessel that will be used for a short sea 
transportation project designated under section 55601.
    ``(b) Terms and Conditions.--In making a loan guarantee under this 
section, the Secretary shall use the authority, terms, and conditions 
that apply to a loan guarantee made under chapter 537.
    ``(c) General Limitations.--The total unpaid principal amount of 
obligations guaranteed under this chapter and outstanding at one time 
may not exceed $2,000,000,000.
    ``(d) Full Faith and Credit.--The full faith and credit of the 
United States Government is pledged to the payment of a guarantee made 
under this chapter, for both principal and interest, including interest 
(as may be provided for in the guarantee) accruing between the date of 
default under a guaranteed obligation and the date of payment in full 
of the guarantee.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated $25,000,000 to carry out this section for each of fiscal 
years 2008 through 2011.
``Sec. 55604. Interagency coordination
    ``The Secretary of Transportation shall establish a board to 
identify and seek solutions to impediments hindering effective use of 
short sea transportation. The board shall include representatives of 
other Federal, State, and local governmental entities and private 
sector entities.
``Sec. 55605. Research on short sea transportation
    ``The Secretary of Transportation may conduct research on short sea 
transportation, regarding--
            ``(1) the environmental and transportation benefits to be 
        derived from short sea transportation alternatives for other 
        forms of transportation;
            ``(2) technology, vessel design, and other improvements 
        that would reduce emissions, increase fuel economy, and lower 
        costs of short sea transportation and increase the efficiency 
        of intermodal transfers; and
            ``(3) identify and seek solutions to impediments to short 
        sea transportation projects designated under section 55601.
``Sec. 55606. 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 containers 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 at another port in the United States or a port 
                in Canada located in the Great Lakes Saint Lawrence 
                Seaway System; 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 inserting after the item 
relating to chapter 555 the following:

``556. Short Sea Transportation.............................   55601''.
    (c) Regulations.--
            (1) Interim regulations.--Not later than December 31, 2007, 
        the Secretary of Transportation shall issue temporary 
        regulations 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 October 1, 2008, the 
        Secretary shall issue final regulations to implement the 
        program under this section.

SEC. 402. 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 noncontiguous 
        domestic'' and inserting ``noncontiguous domestic, or short sea 
        transportation trade''; and
            (2) by inserting after paragraph (6) the following:
            ``(7) Short sea transportation trade.--The term `short sea 
        transportation trade' means the carriage by vessel of cargo--
                    ``(A) that is--
                            ``(i) contained in intermodal cargo 
                        containers and loaded by crane on the vessel; 
                        or
                            ``(ii) loaded on the vessel by means of 
                        wheeled technology; and
                    ``(B) that is--
                            ``(i) loaded at a port in the United States 
                        and unloaded at another port in the United 
                        States or a port in Canada located in the Great 
                        Lakes Saint Lawrence Seaway System; or
                            ``(ii) 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) Allowable Purpose.--Section 53503(b) of such title is amended 
by striking ``or noncontiguous domestic trade'' and inserting 
``noncontiguous domestic, or short sea transportation trade''.

SEC. 403. REPORT.

    Not later than one year after the date of enactment of this Act, 
the Secretary of Transportation shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the short sea transportation program established under the 
amendments made by section 401. The report shall include a description 
of the activities conducted under the program, and any recommendations 
for further legislative or administrative action that the Secretary 
considers appropriate.

SEC. 404. GREEN PORTS INITIATIVE.

    (a) In General.--
            (1) Development and implementation.--The Secretary of 
        Transportation shall develop and implement a green port 
        initiative to promote the use of technologies in United States 
        ports and shipyards to reduce air emissions including 
        particulate matter, nitrogen oxides, sulfur oxides, and carbon 
        monoxides. The program may include--
                    (A) use of electric and low-emission vehicles for 
                cargo handling equipment;
                    (B) use of electric shore power and low pollution 
                auxiliary engines for vessels in port;
                    (C) use of energy efficient lighting and other 
                electrical products in ports;
                    (D) use of best management practices to decrease 
                emissions;
                    (E) use of technology and best management practices 
                to prevent pollution of the waters in ports; and
                    (F) use of other energy efficient or low emission 
                technologies that the Secretary considers necessary.
            (2) Green port award.--The Secretary may issue a green port 
        award to a port that meets the standards for that award 
        prescribed by the Secretary for low emissions and pollution by 
        a port.
    (b) Clean Technology Assistance.--
            (1) In general.--The Secretary may provide grants and low-
        cost revolving loans, as determined by the Secretary, on a 
        competitive basis, to ports, terminal operators, and shipyards 
        to achieve significant reductions in diesel emissions of 
        particulate matter, nitrogen oxides, and sulfur oxides in 
        United States ports.
            (2) Prioritization.--The Secretary shall provide grants and 
        loans to the applicants that will use the funds provided to 
        remove the largest amount of pollutants for each dollar 
        provided in the grant or loan.
            (3) Applications.--
                    (A) In general.--To receive a grant or loan under 
                this subsection, a port, terminal operator, or shipyard 
                shall submit to the Secretary an application at a time, 
                in a manner, and including any information that the 
                Secretary may require.
                    (B) Inclusions.--An application under this 
                paragraph shall include--
                            (i) a description of the air quality of the 
                        area served by the port, terminal operator, or 
                        shipyard;
                            (ii) the quantity of air pollution produced 
                        in the port area served by the port, terminal 
                        operator, or shipyard;
                            (iii) a description of the project proposed 
                        by the port, terminal operator, or shipyard, 
                        including the means by which the project will 
                        achieve a significant reduction in diesel 
                        emissions;
                            (iv) an evaluation (using methodology 
                        approved by the Secretary) of the benefits of 
                        the emissions reductions of the proposed 
                        project;
                            (v) an estimate of the cost of the proposed 
                        project; and
                            (vi) provisions for the monitoring and 
                        verification of the project.
            (4) Use of funds.--
                    (A) In general.--A port, terminal operator, or 
                shipyard may use a grant or loan provided under this 
                subsection to fund the costs of--
                            (i) a technology (including any incremental 
                        costs of a repowered or new diesel engine) that 
                        significantly reduces emissions through 
                        development and implementation of a certified 
                        engine configuration, verified technology, or 
                        emerging technology for--
                                    (I) a medium-duty truck or a heavy-
                                duty truck;
                                    (II) a marine engine;
                                    (III) a nonroad engine or vehicle 
                                used in applications such as handling 
                                of cargo; and
                                    (IV) electric shore power and low 
                                pollution auxiliary engines for vessels 
                                in port; and
                            (ii) an idle-reduction program involving a 
                        vehicle or equipment.
                    (B) Regulatory programs.--Notwithstanding paragraph 
                (1), no grant or loan provided under this subsection 
                may be used to fund the costs of emissions reductions 
                that are mandated under Federal, State, or local law.
                    (C) Engines.--A recipient of a grant or loan under 
                this subsection may only use the funds under the grant 
                or loan for engines that are certified for low 
                emissions and technology that has been verified in a 
                manner prescribed by the Secretary as producing low 
                emissions.
            (5) Federal share.--The Federal share of the costs for a 
        project for which a grant is made under this subsection may not 
        exceed 90 percent.
            (6) Limitation on amount.--A grant or loan under this 
        subsection may not exceed $1,000,000.
            (7) Technical review team.--The Secretary shall establish a 
        technical review team comprised of members from agencies within 
        the Department of Transportation to review proposals for grants 
        and loans under this subsection. The Secretary shall select 
        agencies to serve as review panel participants based on the 
        Secretary's determination that they possess the necessary 
        expertise and knowledge to evaluate the proposals.
            (8) Authorization of appropriations.--There is authorized 
        to be appropriated $25,000,000 for each of fiscal years 2008 
        through 2011 to carry out this subsection.
    (c) Use of Settlement Amounts.--
            (1) In general.--The Secretary, acting through the Maritime 
        Administrator, shall consult with the Attorney General 
        regarding the payment to maritime emission reduction 
        foundations authorized by the Administrator of amounts 
        collected by the Government as a result of settlements relating 
        to allegations of violations of environmental laws related to 
        vessels, ports, and port-related services.
            (2) Use of amounts.--Such amounts shall be used by such a 
        foundation for the development of technologies, including best 
        management practices, related to compliance with marine 
        emissions reduction, as determined appropriate by the Maritime 
        Administrator.
    (d) Testing Program.--
            (1) In general.--The Secretary, acting through the Maritime 
        Administrator, may establish a cooperative partnership with the 
        Administrator of the Environmental Protection Agency, or any 
        other agency the Secretary determines to be appropriate, to 
        test emissions reduction technology on actual vessels.
            (2) Technologies to be tested.--The program under this 
        subsection shall be based on emergent and existing technologies 
        that have been verified effective under laboratory conditions.
            (3) Maintenance of vessel usability.--Any technology tested 
        under this subsection must not permanently alter or render the 
        vessel on which it is tested ineffective for long-term Maritime 
        Administration use.
            (4) Administration priorities and needs.--The Secretary 
        shall designate vessels as platforms for testing under this 
        subsection in accordance with Maritime Administration 
        priorities and needs.
            (5) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary $6,000,000 to administer 
        and implement cooperative partnerships established under 
        paragraph (1).

                     Subtitle B--Maritime Pollution

SEC. 451. REFERENCES.

    Wherever in this subtitle an amendment or repeal is expressed in 
terms of an amendment to or a repeal of a section or other provision, 
the reference shall be considered to be made to a section or other 
provision of the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et 
seq.).

SEC. 452. DEFINITIONS.

    Section 2(a) (33 U.S.C. 1901(a)) is amended--
            (1) by redesignating paragraphs (1) through (12) as 
        paragraphs (2) through (13), respectively;
            (2) by inserting before paragraph (2) (as so redesignated) 
        the following:
            ``(1) `Administrator' means the Administrator of the 
        Environmental Protection Agency.'';
            (3) in paragraph (5) (as so redesignated) by striking ``and 
        V'' and inserting ``V, and VI'';
            (4) in paragraph (6) (as so redesignated) by striking 
        ```discharge' and `garbage' and `harmful substance' and 
        `incident''' and inserting ```discharge', `emission', 
        `garbage', `harmful substance', and `incident'''; and
            (5) by redesignating paragraphs (7) through (13) (as 
        redesignated) as paragraphs (8) through (14), respectively, and 
        inserting after paragraph (6) (as redesignated) the following:
            ``(7) `navigable waters' includes the territorial sea of 
        the United States (as defined in Presidential Proclamation 5928 
        of December 27, 1988) and the internal waters of the United 
        States;''.

SEC. 453. APPLICABILITY.

    Section 3 (33 U.S.C. 1902) is amended--
            (1) in subsection (a)--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) with respect to Annex VI to the Convention, and other 
        than with respect to a ship referred to in paragraph (1)--
                    ``(A) to a ship that is in a port, shipyard, 
                offshore terminal, or the internal waters of the United 
                States;
                    ``(B) to a ship that is bound for, or departing 
                from, a port, shipyard, offshore terminal, or the 
                internal waters of the United States, and is in--
                            ``(i) the navigable waters of the United 
                        States;
                            ``(ii) an emission control area designated 
                        pursuant to section 4; or
                            ``(iii) any other area that the 
                        Administrator, in consultation with the 
                        Secretary and each State in which any part of 
                        the area is located, has designated by order as 
                        being an area from which emissions from ships 
                        are of concern with respect to protection of 
                        public health, welfare, or the environment;
                    ``(C) to a ship that is entitled to fly the flag 
                of, or operating under the authority of, a party to 
                Annex VI, and is in--
                            ``(i) the navigable waters of the United 
                        States;
                            ``(ii) an emission control area designated 
                        under section 4; or
                            ``(iii) any other area that the 
                        Administrator, in consultation with the 
                        Secretary and each State in which any part of 
                        the area is located, has designated by order as 
                        being an area from which emissions from ships 
                        are of concern with respect to protection of 
                        public health, welfare, or the environment; and
                    ``(D) to the extent consistent with international 
                law, to any other ship that is in--
                            ``(i) the exclusive economic zone of the 
                        United States;
                            ``(ii) the navigable waters of the United 
                        States;
                            ``(iii) an emission control area designated 
                        under section 4; or
                            ``(iv) any other area that the 
                        Administrator, in consultation with the 
                        Secretary and each State in which any part of 
                        the area is located, has designated by order as 
                        being an area from which emissions from ships 
                        are of concern with respect to protection of 
                        public health, welfare, or the environment.'';
            (2) in subsection (b)--
                    (A) in paragraph (1) by striking ``paragraph (2)'' 
                and inserting ``paragraphs (2) and (3)''; and
                    (B) by adding at the end the following:
    ``(3) With respect to Annex VI the Administrator, or the Secretary, 
as relevant to their authorities pursuant to this Act, may determine 
that some or all of the requirements under this Act shall apply to one 
or more classes of public vessels, except that such a determination by 
the Administrator shall have no effect unless the head of the 
Department or agency under which the vessels operate concurs in the 
determination. This paragraph does not apply during time of war or 
during a declared national emergency.'';
            (3) by redesignating subsections (c) through (g) as 
        subsections (d) through (h), respectively;
            (4) by inserting after subsection (b) the following:
    ``(c) Application to Other Persons.--This Act shall apply to all 
persons to the extent necessary to ensure compliance with Annex VI to 
the Convention.''; and
            (5) in subsection (e), as redesignated--
                    (A) by inserting ``or the Administrator, consistent 
                with section 4 of this Act,'' after ``Secretary'';
                    (B) by striking ``of section (3)'' and inserting 
                ``of this section''; and
                    (C) by striking ``Protocol, including regulations 
                conforming to and giving effect to the requirements of 
                Annex V'' and inserting ``Protocol (or the applicable 
                Annex), including regulations conforming to and giving 
                effect to the requirements of Annex V and Annex VI''.

SEC. 454. ADMINISTRATION AND ENFORCEMENT.

    Section 4 (33 U.S.C. 1903) is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively;
            (2) by inserting after subsection (a) the following:
    ``(b) Duty of the Administrator.--In addition to other duties 
specified in this Act, the Administrator and the Secretary, 
respectively, shall have the following duties and authorities:
            ``(1) The Administrator shall, and no other person may, 
        issue Engine International Air Pollution Prevention 
        certificates in accordance with Annex VI and the International 
        Maritime Organization's Technical Code on Control of Emissions 
        of Nitrogen Oxides from Marine Diesel Engines, on behalf of the 
        United States for a vessel of the United States as that term is 
        defined in section 116 of title 46, United States Code. The 
        issuance of Engine International Air Pollution Prevention 
        certificates shall be consistent with any applicable 
        requirements of the Clean Air Act (42 U.S.C. 7401 et seq.) or 
        regulations prescribed under that Act.
            ``(2) The Administrator shall have authority to administer 
        regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to 
        the Convention.
            ``(3) The Administrator shall, only as specified in section 
        8(f), have authority to enforce Annex VI of the Convention.''; 
        and
            (3) in subsection (c), as redesignated--
                    (A) by redesignating paragraph (2) as paragraph 
                (4);
                    (B) by inserting after paragraph (1) the following:
    ``(2) In addition to the authority the Secretary has to prescribe 
regulations under this Act, the Administrator shall also prescribe any 
necessary or desired regulations to carry out the provisions of 
regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to the 
Convention.
    ``(3) In prescribing any regulations under this section, the 
Secretary and the Administrator shall consult with each other, and with 
respect to regulation 19, with the Secretary of the Interior.''; and
                    (C) by adding at the end the following:
    ``(5) No standard issued by any person or Federal authority, with 
respect to emissions from tank vessels subject to regulation 15 of 
Annex VI to the Convention, shall be effective until 6 months after the 
required notification to the International Maritime Organization by the 
Secretary.''.

SEC. 455. CERTIFICATES.

    Section 5 (33 U.S.C. 1904) is amended--
            (1) in subsection (a) by striking ``The Secretary'' and 
        inserting ``Except as provided in section 4(b)(1), the 
        Secretary'';
            (2) in subsection (b) by striking ``Secretary under the 
        authority of the MARPOL protocol.'' and inserting ``Secretary 
        or the Administrator under the authority of this Act.''; and
            (3) in subsection (e) by striking ``environment.'' and 
        inserting ``environment or the public health and welfare.''.

SEC. 456. RECEPTION FACILITIES.

    Section 6 (33 U.S.C. 1905) is amended--
            (1) in subsection (a) by adding at the end the following:
    ``(3) The Secretary and the Administrator, after consulting with 
appropriate Federal agencies, shall jointly prescribe regulations 
setting criteria for determining the adequacy of reception facilities 
for receiving ozone depleting substances, equipment containing such 
substances, and exhaust gas cleaning residues at a port or terminal, 
and stating any additional measures and requirements as are appropriate 
to ensure such adequacy. Persons in charge of ports and terminals shall 
provide reception facilities, or ensure that reception facilities are 
available, in accordance with those regulations. The Secretary and the 
Administrator may jointly prescribe regulations to certify, and may 
issue certificates to the effect, that a port's or terminal's 
facilities for receiving ozone depleting substances, equipment 
containing such substances, and exhaust gas cleaning residues from 
ships are adequate.'';
            (2) in subsection (b) by inserting ``or the Administrator'' 
        after ``Secretary'';
            (3) in subsection (e) by striking paragraph (2) and 
        inserting the following:
    ``(2) The Secretary may deny the entry of a ship to a port or 
terminal required by the MARPOL Protocol, this Act, or regulations 
prescribed under this section relating to the provision of adequate 
reception facilities for garbage, ozone depleting substances, equipment 
containing those substances, or exhaust gas cleaning residues, if the 
port or terminal is not in compliance with the MARPOL Protocol, this 
Act, or those regulations.'';
            (4) in subsection (f)(1) by striking ``Secretary is'' and 
        inserting ``Secretary and the Administrator are''; and
            (5) in subsection (f)(2) by striking ``(A)''.

SEC. 457. INSPECTIONS.

    Section 8(f) (33 U.S.C. 1907(f)) is amended to read as follows:
    ``(f)(1) The Secretary may inspect a ship to which this Act applies 
as provided under section 3(a)(5), to verify whether the ship is in 
compliance with Annex VI to the Convention and this Act.
    ``(2) If an inspection under this subsection or any other 
information indicates that a violation has occurred, the Secretary, or 
the Administrator in a matter referred by the Secretary, may undertake 
enforcement action under this section.
    ``(3) Notwithstanding subsection (b) and paragraph (2) of this 
subsection, the Administrator shall have all of the authorities of the 
Secretary, as specified in subsection (b) of this section, for the 
purposes of enforcing regulations 17 and 18 of Annex VI to the 
Convention to the extent that shoreside violations are the subject of 
the action and in any other matter referred to the Administrator by the 
Secretary.''.

SEC. 458. AMENDMENTS TO THE PROTOCOL.

    Section 10(b) (33 U.S.C. 1909(b)) is amended by inserting ``or the 
Administrator as provided for in this Act,'' after ``Secretary,''.

SEC. 459. PENALTIES.

    Section 9 (33 U.S.C. 1908) is amended--
            (1) by striking ``Protocol,,'' each place it appears and 
        inserting ``Protocol,'';
            (2) in subsection (b) by inserting ``, or the Administrator 
        as provided for in this Act'' after ``Secretary'' the first 
        place it appears;
            (3) in subsection (b)(2), by inserting ``, or the 
        Administrator as provided for in this Act,'' after 
        ``Secretary'';
            (4) in the matter after paragraph (2) of subsection (b)--
                    (A) by inserting ``, or the Administrator as 
                provided for in this Act'' after ``Secretary'' the 
                first place it appears; and
                    (B) by inserting ``, or the Administrator as 
                provided for in this Act,'' after ``Secretary'' the 
                second and third places it appears;
            (5) in subsection (c) by inserting ``, or the Administrator 
        as provided for in this Act,'' after ``Secretary'' each place 
        it appears; and
            (6) in subsection (f) by inserting ``, or the Administrator 
        as provided for in this Act'' after ``Secretary'' the first 
        place appears.

SEC. 460. EFFECT ON OTHER LAWS.

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

``SEC. 15. EFFECT ON OTHER LAWS.

    ``Authorities, requirements, and remedies of this Act supplement 
and neither amend nor repeal any other authorities, requirements, or 
remedies conferred by any other provision of law. Nothing in this Act 
shall limit, deny, amend, modify, or repeal any other authority, 
requirement, or remedy available to the United States or any other 
person, except as expressly provided in this Act.''.

                           TITLE V--AVIATION

SEC. 501. CLEEN ENGINE AND AIRFRAME TECHNOLOGY PARTNERSHIP.

    (a) Cooperative Agreement.--Subchapter I of chapter 475 of tite 49, 
United States Code, is amended by adding at the end the following:
``Sec. 47511. CLEEN engine and airframe technology partnership
    ``(a) In General.--The Administrator of the Federal Aviation 
Administration shall enter into a cooperative agreement, using a 
competitive process, with an institution, entity, or consortium to 
carry out a program for the development, maturing, and certification of 
CLEEN engine and airframe technology for aircraft over the next 10 
years.
    ``(b) CLEEN Engine and Airframe Technology Defined.--In this 
section, the term `CLEEN engine and airframe technology' means 
continuous lower energy, emissions, and noise engine and airframe 
technology.
    ``(c) Performance Objective.--The Administrator shall establish the 
following performance objectives for the program, to be achieved by 
September 30, 2015:
            ``(1) Development of certifiable aircraft technology that 
        reduces greenhouse gas emissions by increasing aircraft fuel 
        efficiency by 25 percent relative to 1997 subsonic jet aircraft 
        technology.
            ``(2) Development of certifiable engine technology that 
        reduces landing and takeoff cycle nitrogen oxide emissions by 
        50 percent, without increasing other gaseous or particle 
        emissions, over the International Civil Aviation Organization 
        standard adopted in 2004.
            ``(3) Development of certifiable aircraft technology that 
        reduces noise levels by 10 decibels at each of the 3 
        certification points relative to 1997 subsonic jet aircraft 
        technology.
            ``(4) Determination of the feasibility of the use of 
        alternative fuels in aircraft systems, including successful 
        demonstration and quantification of the benefits of such fuels.
            ``(5) Determination of the extent to which new engine and 
        aircraft technologies may be used to retrofit or re-engine 
        aircraft to increase the integration of retrofitted and re-
        engined aircraft into the commercial fleet.
    ``(d) Clean Coal to Jet Fuel Research.--
            ``(1) Establishment of research program.--The Secretary of 
        Transportation shall conduct a research program related to 
        developing jet fuel from clean coal through grants or other 
        measures authorized under section 106(l)(6) of such title, 
        including reimbursable agreements with other Federal agencies. 
        The Secretary may include as a purpose of the program a 
        demonstration of the capture and sequestration of the carbon 
        dioxide produced in the conversion process of coal to jet fuel. 
        The program shall include participation by educational and 
        research institutions that have existing facilities and 
        experience in the development and deployment of technology that 
        processes coal to aviation fuel.
            ``(2) Designation of institute as a center of excellence.--
        Within 6 months after the date of enactment of this Act, the 
        Administrator of the Federal Aviation Administration shall 
        designate through a competitive process an institution 
        described in subsection (a) as a Center of Excellence for Coal 
        to Jet Fuel Research.
    ``(e) Funding.--Of amounts appropriated under section 48102(a), not 
more than the following amounts may be used to carry out this section:
            ``(1) $6,000,000 for fiscal year 2008.
            ``(2) $22,000,000 for fiscal year 2009.
            ``(3) $33,000,000 for fiscal year 2010.
            ``(4) $50,000,000 for fiscal year 2011.
    ``(f) Report.--Beginning in fiscal year 2009, the Administrator 
shall publish an annual report on the program established under this 
section until completion of the program.''.
    (b) Clerical Amendment.--The analysis for such subchapter is 
amended by adding at the end the following:

``47511. CLEEN engine and airframe technology partnership.''.

SEC. 502. ENVIRONMENTAL MITIGATION PILOT PROGRAM.

    (a) Establishment.--The Secretary of Transportation shall establish 
a pilot program to carry out not more than 6 environmental mitigation 
demonstration projects at public-use airports.
    (b) Grants.--In implementing the program, the Secretary may make a 
grant to the sponsor of a public-use airport from funds apportioned 
under section 47117(e)(1)(A) of title 49, United States Code, to carry 
out an environmental mitigation demonstration project to measurably 
reduce or mitigate aviation impacts on noise, air quality, or water 
quality in the vicinity of the airport.
    (c) Eligibility for Passenger Facility Fees.--An environmental 
mitigation demonstration project that receives funds made available 
under this section may be considered an eligible airport-related 
project for purposes of section 40117 of such title.
    (d) Selection Criteria.--In selecting among applicants for 
participation in the program, the Secretary shall give priority 
consideration to applicants proposing to carry out environmental 
mitigation demonstration projects that will--
            (1) achieve the greatest reductions in aircraft noise, 
        airport emissions, or airport water quality impacts either on 
        an absolute basis or on a per dollar of funds expended basis; 
        and
            (2) be implemented by an eligible consortium.
    (e) Federal Share.--Notwithstanding any provision of subchapter I 
of chapter 471 of such title, the United States Government share of 
allowable project costs of an environmental mitigation demonstration 
project carried out under this section shall be 50 percent.
    (f) Maximum Amount.--The Secretary may not make grants for a single 
environmental mitigation demonstration project under this section in a 
total amount that exceeds $2,500,000.
    (g) Publication of Information.--The Secretary may develop and 
publish information on the results of environmental mitigation 
demonstration projects carried out under this section, including 
information identifying best practices for reducing or mitigating 
aviation impacts on noise, air quality, or water quality in the 
vicinity of airports.
    (h) Definitions.--In this section, the following definitions apply:
            (1) Eligible consortium.--The term ``eligible consortium'' 
        means a consortium of 2 or more of the following entities:
                    (A) A business incorporated in the United States.
                    (B) A public or private educational or research 
                organization located in the United States.
                    (C) An entity of a State or local government.
                    (D) A Federal laboratory.
            (2) Environmental mitigation demonstration project.--The 
        term ``environmental mitigation demonstration project'' means a 
        project that--
                    (A) demonstrates at a public-use airport 
                environmental mitigation techniques or technologies 
                with associated benefits, which have already been 
                proven in laboratory demonstrations;
                    (B) utilizes methods for efficient adaptation or 
                integration of innovative concepts to airport 
                operations; and
                    (C) demonstrates whether a technique or technology 
                for environmental mitigation identified in research 
                is--
                            (i) practical to implement at or near 
                        multiple public-use airports; and
                            (ii) capable of reducing noise, airport 
                        emissions, greenhouse gas emissions, or water 
                        quality impacts in measurably significant 
                        amounts.

                       TITLE VI--PUBLIC BUILDINGS

              Subtitle A--General Services Administration

SEC. 601. PUBLIC BUILDING ENERGY EFFICIENT AND RENEWABLE ENERGY 
              SYSTEMS.

    (a) Estimate of Energy Performance in Prospectus.--Section 3307(b) 
of title 40, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (5);
            (2) by striking the period at the end of paragraph (6) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (6) the following:
            ``(7) with respect to any prospectus for the construction, 
        alteration, or acquisition of any building or space to be 
        leased, an estimate of the future energy performance of the 
        building or space and a specific description of the use of 
        energy efficient and renewable energy systems, including 
        photovoltaic systems, in carrying out the project.''.
    (b) Minimum Performance Requirements for Leased Space.--Section 
3307 of such of title is amended--
            (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (2) by inserting after subsection (e) the following:
    ``(f) Minimum Performance Requirements for Leased Space.--With 
respect to space to be leased, the Administrator shall include, to the 
maximum extent practicable, minimum performance requirements requiring 
energy efficiency and the use of renewable energy.''.
    (c) Use of Energy Efficient Lighting Fixtures and Bulbs.--
            (1) In general.--Chapter 33 of such title is amended--
                    (A) by redesignating sections 3313, 3314, and 3315 
                as sections 3315, 3316, and 3317, respectively; and
                    (B) by inserting after section 3312 the following:
``Sec. 3313. Use of energy efficient lighting fixtures and bulbs
    ``(a) Construction, Alteration, and Acquisition of Public 
Buildings.--Each public building constructed, altered, or acquired by 
the Administrator of General Services shall be equipped, to the maximum 
extent feasible as determined by the Administrator, with lighting 
fixtures and bulbs that are energy efficient.
    ``(b) Maintenance of Public Buildings.--Each lighting fixture or 
bulb that is replaced by the Administrator in the normal course of 
maintenance of public buildings shall be replaced, to the maximum 
extent feasible, with a lighting fixture or bulb that is energy 
efficient.
    ``(c) Considerations.--In making a determination under this section 
concerning the feasibility of installing a lighting fixture or bulb 
that is energy efficient, the Administrator shall consider--
            ``(1) the life-cycle cost effectiveness of the fixture or 
        bulb;
            ``(2) the compatibility of the fixture or bulb with 
        existing equipment;
            ``(3) whether use of the fixture or bulb could result in 
        interference with productivity;
            ``(4) the aesthetics relating to use of the fixture or 
        bulb; and
            ``(5) such other factors as the Administrator determines 
        appropriate.
    ``(d) Energy Star.--A lighting fixture or bulb shall be treated as 
being energy efficient for purposes of this section if--
            ``(1) the fixture or bulb is certified under the Energy 
        Star program established by section 324A of the Energy Policy 
        and Conservation Act (42 U.S.C. 6294a); or
            ``(2) the Administrator has otherwise determined that the 
        fixture or bulb is energy efficient.
    ``(e) Applicability of Buy American Act.--Aquisitions carried out 
pursuant to this section shall be subject to the requirements of the 
Buy American Act (41 U.S.C. 10c et seq.).
    ``(f) Effective Date.--The requirements of subsections (a) and (b) 
shall take effect one year after the date of enactment of this 
subsection.''.
            (2) Conforming amendment.--The analysis for such chapter is 
        amended by striking the items relating to sections 3313, 3314, 
        and 3315 and inserting the following:

``3313. Use of energy efficient lighting fixtures and bulbs.
``3314. Maximum period for utility services contracts.
``3315. Delegation.
``3316. Report to Congress.
``3317. Certain authority not affected.''.
    (d) Maximum Period for Utility Service Contracts.--Such chapter is 
further amended by inserting after section 3313 (as inserted by 
subsection (c)(1) of this section) the following:
``Sec. 3314. Maximum period for utility service contracts
    ``Notwithstanding section 501(b)(1)(B), the Administrator of 
General Services may contract for public utility services for a period 
of not more than 30 years if cost effective and necessary to promote 
the use of energy efficient and renewable energy systems, including 
photovoltaic systems.''.
    (e) Evaluation Factor.--Section 3310 of such title is amended--
            (1) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (4), (5), and (6), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) shall include in the solicitation for any lease 
        requiring a prospectus under section 3307 an evaluation factor 
        considering the extent to which the offeror will promote energy 
        efficiency and the use of renewable energy;''.

SEC. 602. PUBLIC BUILDING LIFE-CYCLE COSTS.

    Section 544(a)(1) of the National Energy Conservation Policy Act 
(42 U.S.C. 8254(a)(1)) is amended by striking ``25'' and inserting 
``40''.

SEC. 603. INSTALLATION OF PHOTOVOLTAIC SYSTEM AT DEPARTMENT OF ENERGY 
              HEADQUARTERS BUILDING.

    (a) In General.--The Administrator of General Services shall 
install a photovoltaic system, as set forth in the Sun Wall Design 
Project, for the headquarters building of the Department of Energy 
located at 1000 Independence Avenue, SW., Washington, DC, commonly 
known as the Forrestal Building.
    (b) Funding.--There shall be available from the Federal Buildings 
Fund established by section 592 of title 40, United States Code, 
$30,000,000 to carry out this section. Such sums shall be derived from 
the unobligated balance of amounts made available from the Fund for 
fiscal year 2007, and prior fiscal years, for repairs and alternations 
and other activities (excluding amounts made available for the energy 
program). Such sums shall remain available until expended.
    (c) Obligation of Funds.--None of the funds made available pursuant 
to subsection (b) may be obligated prior to September 30, 2007.

                        Subtitle B--Coast Guard

SEC. 631. PROHIBITION ON INCANDESCENT LAMPS BY COAST GUARD.

    (a) Prohibition.--Except as provided by subsection (b), on and 
after January 1, 2009, a general service incandescent lamp shall not be 
purchased or installed in a Coast Guard facility by or on behalf of the 
Coast Guard.
    (b) Exception.--A general service incandescent lamp may be 
purchased, installed, and used in a Coast Guard facility whenever the 
application of a general service incandescent lamp is--
            (1) necessary due to purpose or design, including medical, 
        security, and industrial applications;
            (2) reasonable due to the architectural or historical value 
        of a light fixture installed before January 1, 2009; or
            (3) the Commandant of the Coast Guard determines that 
        operational requirements necessitate the use of a general 
        service incandescent lamp.
    (c) Limitation.--In this section, the term ``facility'' does not 
include a vessel or aircraft of the Coast Guard.

                  Subtitle C--Architect of the Capitol

SEC. 651. CAPITOL COMPLEX PHOTOVOLTAIC ROOF FEASIBILITY STUDY.

    (a) Study.--The Architect of the Capitol may perform a feasibility 
study regarding construction of a photovoltaic roof for the Rayburn 
House Office Building.
    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Architect of the Capitol shall transmit to the Committee 
on Transportation and Infrastructure of the House of Representatives a 
report on the results of the feasibility study and recommendations 
regarding construction of a photovoltaic roof for the building referred 
to in subsection (a).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal year 2008.

SEC. 652. CAPITOL COMPLEX E-85 REFUELING STATION.

    (a) Construction.--The Architect of the Capitol may construct a 
fuel tank and pumping system for E-85 fuel at or within close proximity 
to the Capitol Grounds Fuel Station.
    (b) Use.--The E-85 fuel tank and pumping system shall be available 
for use by all legislative branch vehicles capable of operating with E-
85 fuel, subject to such other legislative branch agencies reimbursing 
the Architect of the Capitol for the costs of E-85 fuel used by such 
other legislative branch vehicles.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal year 2008.

SEC. 653. ENERGY AND ENVIRONMENTAL MEASURES IN CAPITOL COMPLEX MASTER 
              PLAN.

    (a) In General.--To the maximum extent practicable, the Architect 
of the Capitol shall include energy efficiency measures, climate change 
mitigation measures, and other appropriate environmental measures in 
the Capitol Complex Master Plan.
    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Architect of the Capitol shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Rules of the Senate a report on the energy efficiency 
measures, climate change mitigation measures, and other appropriate 
environmental measures included in the Capitol Complex Master Plan 
pursuant to subsection (a).

SEC. 654. CAPITOL POWER PLANT.

    (a) In General.--For the purpose of reducing carbon dioxide 
emissions, the Architect of the Capitol shall install technologies for 
the capture and storage or use of carbon dioxide emitted from the 
Capitol Power plant as a result of burning coal.
    (b) Capitol Power Plant Defined.--In this section, the term 
``Capitol power plant'' means the power plant constructed in the 
vicinity of the Capitol Complex in the District of Columbia pursuant to 
the Act of April 28, 1904 (33 Stat. 479, chapter 1762), and designated 
under the Act of March 4, 1911 (2 U.S.C. 2162).

    TITLE VII--WATER RESOURCES AND EMERGENCY MANAGEMENT PREPAREDNESS

                      Subtitle A--Water Resources

SEC. 701. POLICY OF THE UNITED STATES.

    It is the policy of the United States that all Federal water 
resources projects--
            (1) reflect national priorities for flood damage reduction, 
        navigation, ecosystem restoration, and hazard mitigation and 
        consider the future impacts of increased hurricanes, droughts, 
        and other climate change-related weather events;
            (2) avoid the unwise use of floodplains, minimize 
        vulnerabilities in any case in which a floodplain must be used, 
        protect and restore the extent and functions of natural 
        systems, and mitigate any unavoidable damage to aquatic natural 
        system; and
            (3) to the maximum extent possible, avoid impacts to 
        wetlands, which create natural buffers, help filter water, 
        serve as recharge areas for aquifers, reduce floods and 
        erosion, and provide valuable plant and animal habitat.

SEC. 702. 21ST CENTURY WATER COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the 21st Century Water Commission (in this section referred to as 
the ``Commission'').
    (b) Duties.--The duties of the Commission shall be to--
            (1) use existing water assessments and conduct such 
        additional studies and assessments as may be necessary to 
        project--
                    (A) future water supply and demand;
                    (B) impacts of climate change to our Nation's flood 
                risk and water demand; and
                    (C) associated impacts of climate change on water 
                quality;
            (2)(A) study current water management programs of Federal, 
        interstate, State, and local agencies and private sector 
        entities directed at increasing water supplies and improving 
        the availability, reliability, and quality of freshwater 
        resources; and
            (B) evaluate such programs' hazard mitigation strategies 
        and contingency planning in light of climate change impacts, 
        including sea level rise, flooding, and droughts; and
            (3) consult with representatives of such agencies and 
        entities to develop recommendations, consistent with laws, 
        treaties, decrees, and interstate compacts, for a comprehensive 
        water strategy to--
                    (A) recognize the primary role of States in 
                adjudicating, administering, and regulating water 
                rights and water uses;
                    (B) identify incentives intended to ensure an 
                adequate and dependable supply of water to meet the 
                needs of the United States for the next 50 years and 
                incentives to include the future impacts of climate 
                change on water supply and quality for the next 50 
                years;
                    (C) eliminate duplication and conflict among 
                Federal governmental programs;
                    (D) consider all available technologies (including 
                climate change predictions, advanced modeling and 
                mapping of wetlands, floodplains, and other critical 
                areas) and other methods to optimize water supply 
                reliability, availability, and quality, while 
                safeguarding and enhancing the environment and planning 
                for the potential impacts of climate change on water 
                quality, water supply, flood and storm damage 
                reduction, and ecosystem health;
                    (E) recommend means of capturing excess water and 
                flood water for conservation and use in the event of a 
                drought;
                    (F) identify adaptation techniques, or further 
                research needs of adaptation techniques, for 
                effectively conserving freshwater and coastal systems 
                as they respond to climate change;
                    (G) suggest financing options, incentives, and 
                strategies for development of comprehensive water 
                management plans, holistically designed water resources 
                projects, conservation of existing water resource 
                infrastructure (including recommendations for repairing 
                aging water infrastructure) and to increase the use of 
                nonstructural elements (including green infrastructure 
                and low impact development techniques);
                    (H) suggest strategies for avoiding increased 
                mandates on State and local governments;
                    (I) suggest strategies for using best available 
                climate science in projections of future flood and 
                drought risk, and for developing hazard mitigation 
                strategies to protect water quality, in extreme weather 
                conditions caused by climate change;
                    (J) identify policies that encourage low impact 
                development, especially in areas near high priority 
                aquatic systems;
                    (K) suggest strategies for encouraging the use of, 
                and reducing biases against, nonstructural elements and 
                low impact development techniques when managing 
                stormwater, including features that--
                            (i) preserve and restore natural processes, 
                        landforms (such as floodplains), natural 
                        vegetated stream side buffers, wetlands, or 
                        other topographical features that can slow, 
                        filter, and naturally store stormwater runoff 
                        and flood waters for future water supply and 
                        recharge of natural aquifers;
                            (ii) utilize natural design techniques that 
                        infiltrate, filter, store, evaporate, and 
                        detain water close to its source; or
                            (iii) minimize the use of impervious 
                        surfaces in order to slow or infiltrate 
                        precipitation;
                    (L) suggest strategies for addressing increased 
                sewage overflow problems due to changing storm dynamics 
                and the impact of aging stormwater and wastewater 
                infrastructure, population growth, and urban sprawl;
                    (M) promote environmental restoration projects that 
                reestablish natural processes; and
                    (N) identify opportunities to promote existing or 
                create regional planning, including opportunities to 
                integrate climate change into water infrastructure and 
                environmental conservation planning.
    (c) Membership.--
            (1) Number and appointment.--The Commission shall be 
        composed of 8 members who shall be appointed, not later than 90 
        days after the date of enactment of this Act, as follows:
                    (A) 2 members appointed by the President.
                    (B) 2 members appointed by the Speaker of the House 
                of Representatives from a list of 4 individuals--
                            (i) 2 nominated for that appointment by the 
                        chairman of the Committee on Transportation and 
                        Infrastructure of the House of Representatives; 
                        and
                            (ii) 2 nominated for that appointment by 
                        the chairman of the Committee Natural Resources 
                        of the House of Representatives.
                    (C) 2 members appointed by the majority leader of 
                the Senate from a list of 4 individuals--
                            (i) 2 nominated for that appointment by the 
                        chairman of the Committee on Environment and 
                        Public Works of the Senate; and
                            (ii) 2 nominated for that appointment by 
                        the chairman of the Committee on Energy and 
                        Natural Resources of the Senate.
                    (D) One member appointed by the minority leader of 
                the House of Representatives from a list of 2 
                individuals--
                            (i) one nominated for that appointment by 
                        the ranking member of the Committee on 
                        Transportation and Infrastructure of the House 
                        of Representatives; and
                            (ii) one nominated for that appointment by 
                        the ranking member of the Committee on Natural 
                        Resources of the Senate.
                    (E) 1 member appointed by the minority leader of 
                the Senate from a list of 2 individuals--
                            (i) one nominated for that appointment by 
                        the ranking member of the Committee on 
                        Environment and Public Works of the Senate; and
                            (ii) one nominated for that appointment by 
                        the ranking member of the Committee on Energy 
                        and Natural Resources of the Senate.
            (2) Qualifications.--
                    (A) Recognized standing and distinction.--Members 
                shall be appointed to the Commission from among 
                individuals who are of recognized standing and 
                distinction in water policy issues.
                    (B) Limitation.--A person while serving as a member 
                of the Commission may not hold any other position as an 
                officer or employee of the United States, except as a 
                retired officer or retired civilian employee of the 
                United States.
                    (C) Other considerations.--In appointing members of 
                the Commission, every effort shall be made to ensure 
                that the members represent a broad cross section of 
                regional and geographical perspectives in the United 
                States.
            (3) Chairperson.--The Chairperson of the Commission shall 
        be elected by a majority vote of the members of the Commission.
            (4) Terms.--Members of the Commission shall serve for the 
        life of the Commission.
            (5) Vacancies.--A vacancy on the Commission shall not 
        affect its operation and shall be filled in the manner in which 
        the original appointment was made.
            (6) Compensation and travel expenses.--Members of the 
        Commission shall serve without compensation; except that 
        members shall receive travel expenses, including per diem in 
        lieu of subsistence, in accordance with applicable provisions 
        under subchapter I of chapter 57, United States Code.
    (d) Meetings and Quorum.--
            (1) Meetings.--The Commission shall hold its first meeting 
        not later than 60 days after the date on which all original 
        members are appointed under subsection (c) and shall hold 
        additional meetings at the call of the Chairperson or a 
        majority of its members.
            (2) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum for the transaction of business.
    (e) Director and Staff.--
            (1) Director.--The Commission shall have a Director who 
        shall be appointed by the Speaker of the House of 
        Representatives and the majority leader of the Senate, in 
        consultation with the minority leader of the House of 
        Representatives, the chairmen of the Committees on Resources 
        and Transportation and Infrastructure of the House of 
        Representatives, the minority leader of the Senate, and the 
        chairmen of the Committee on Energy and Natural Resources and 
        Environment and Public Works of the Senate.
            (2) Applicability of certain civil service laws.--The 
        Director and staff of the Commission may be appointed without 
        regard to the provisions of title 5, United States Code, 
        governing appointments in the competitive service, and may be 
        paid without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of that title relating to 
        classification and General Schedule pay rates; except that an 
        individual so appointed may not receive pay in excess of the 
        annual rate of basic pay for GS-15 of the General Schedule.
    (f) Hearings.--
            (1) Minimum number.--The Commission shall hold no fewer 
        than 10 hearings during the life of the Commission.
            (2) In conjunction with meetings.--Hearings may be held in 
        conjunction with meetings of the Commission.
            (3) Testimony and evidence.--The Commission may take such 
        testimony and receive such evidence as the Commission considers 
        appropriate to carry out this section.
            (4) Specified.--At least one hearing shall be held in 
        Washington, District of Columbia, for the purpose of taking 
        testimony of representatives of Federal agencies, national 
        organizations, and Members of Congress. At least one hearing 
        shall focus on potential water resource issues relating to 
        climate change and how to mitigate the harms of climate change-
        related weather events.
            (5) Nonspecified.--Hearings, other than those referred to 
        in paragraph (4), shall be scheduled in distinct geographical 
        regions of the United States. In conducting such hearings, the 
        Commission should seek to ensure testimony from individuals 
        with a diversity of experiences, including those who work on 
        water issues at all levels of government and in the private 
        sector.
    (g) Information and Support From Federal Agencies.--Upon request of 
the Commission, the head of a Federal department or agency shall--
            (1) provide to the Commission, within 30 days of the 
        request, such information as the Commission considers necessary 
        to carry out this section; and
            (2) detail to temporary duty with the Commission on a 
        reimbursable basis such personnel as the Commission considers 
        necessary to carry out this section.
    (h) Interim Reports.--Not later than one year after the date of the 
first meeting of the Commission, and every year thereafter, the 
Commission shall submit an interim report containing a detailed summary 
of its progress, including meetings held and hearings conducted before 
the date of the report, to--
            (1) the President; and
            (2) Congress.
    (i) Final Report.--As soon as practicable, but not later than 5 
years after the date of the first meeting of the Commission, the 
Commission shall submit a final report containing a detailed statement 
of the findings and conclusions of the Commission and recommendations 
for legislation and other policies to implement such findings and 
conclusions to--
            (1) the President;
            (2) the Committee on Resources and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives; and
            (3) the Committee on Energy and Natural Resources and the 
        Committee on the Environment and Public Works of the Senate.
    (j) Termination.--The Commission shall terminate not later than 30 
days after the date on which the Commission transmits a final report 
under subsection (h)(1).
    (k) Applicability of Federal Advisory Committee Act.--The Federal 
Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall not apply to the 
Commission.
    (l) Authorization of Appropriations.--There is authorized to be 
appropriated $12,000,000 to carry out this section.

SEC. 703. IMPROVING HYDROPOWER CAPABILITIES.

    (a) Study.--The Secretary of the Army shall conduct a study on the 
potential for reduced fossil fuel consumption through an increase in 
hydropower capabilities of the Corps of Engineers.
    (b) Contents.--The study shall include an examination of the 
potential for improving hydropower capabilities at dams owned or 
operated by the Corps of Engineers, including the ecological impacts of 
such capabilities.
    (c) Report.--Not later than one year after the date of enactment of 
this Act, the Secretary shall submit to Congress a report containing 
the results of the study conducted under this section.

SEC. 704. STUDY OF POTENTIAL IMPACTS OF CLIMATE CHANGE ON WATER 
              RESOURCES AND WATER QUALITY.

    (a) National Academy Study.--The Administrator of the Environmental 
Protection Agency shall enter into an arrangement with the National 
Academy of Sciences under which the Academy shall--
            (1) identify the potential impacts of climate change on the 
        Nation's water resources, watersheds, and water quality, 
        including the potential for impacts to wetlands, shoreline 
        erosion, and saltwater intrusion as a result of sea level rise, 
        and the potential for significant regional variation in 
        precipitation events to impact Federal, State, and local 
        efforts to attain or maintain water quality;
            (2) assess the extent to which Federal and State efforts 
        under the Federal Water Pollution Control Act (33 U.S.C. 1251 
        et seq.) and other ocean and coastal laws may be affected by 
        climate change;
            (3) identify prudent steps to assess emerging information 
        and identify appropriate response actions to meet the 
        requirements of such Act, including provisions to attain or 
        maintain water quality standards and for adequate stream flows 
        for wetlands and aquatic resources; and
            (4) recommend, if necessary, potential legislative or 
        regulatory changes to address impacts of global climate change 
        on efforts to restore and maintain the chemical, physical, and 
        biological integrity of the Nation's waters.
    (b) Recommendations.--Not later than 2 years after the date of the 
enactment of this Act, the Administrator shall transmit to Congress a 
report on the results of the study under this section.

SEC. 705. IMPACTS OF CLIMATE CHANGE ON CORPS OF ENGINEERS PROJECTS.

    (a) In General.--The Secretary of the Army shall ensure that water 
resources projects and studies carried out by the Corps of Engineers 
after the date of enactment of this Act take into account the potential 
short and long term effects of climate change on such projects.
    (b) Consideration.--In carrying out this section, the Secretary 
shall utilize a representative range of climate change scenarios, 
including the current analyses of the United States Climate Change 
Science Program and the Intergovernmental Panel on Climate Change.
    (c) Report to Congress.--Not later than one year after the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate a report on 
the implementation of this section.

                    Subtitle B--Emergency Management

SEC. 731. EFFECTS OF CLIMATE CHANGE ON FEMA PREPAREDNESS, RESPONSE, 
              RECOVERY, AND MITIGATION PROGRAMS.

    (a) Study.--The Administrator of the Federal Emergency Management 
Agency shall conduct a comprehensive study of the increase in demand 
for the Agency's emergency preparedness, response, recovery, and 
mitigation programs and services that may be reasonably anticipated as 
a result of an increased number and intensity of natural disasters 
affected by climate change, including hurricanes, floods, tornadoes, 
fires, droughts, and severe storms.
    (b) Contents.--The study shall include an analysis of the budgetary 
and personnel needs of meeting the increased demand for Agency services 
referred to in subsection (a).
    (c) Report.--Not later than one year after the date of enactment of 
this Act, the Administrator shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate a report and any legislative recommendations on the study 
conducted under this section.
                                                 Union Calendar No. 581

110th CONGRESS

  2d Session

                               H. R. 2701

                          [Report No. 110-904]

_______________________________________________________________________

                                 A BILL

To strengthen our Nation's energy security and mitigate the effects of 
climate change by promoting energy efficient transportation and public 
buildings, creating incentives for the use of alternative fuel vehicles 
  and renewable energy, and ensuring sound water resource and natural 
        disaster preparedness planning, and for other purposes.

_______________________________________________________________________

                           September 29, 2008

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