[House Report 110-904]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-904

======================================================================



 
  TRANSPORTATION ENERGY SECURITY AND CLIMATE CHANGE MITIGATION ACT OF 
                                  2007

                                _______
                                

 September 29, 2008.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 2701]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2701) to strengthen our Nation's 
energy security and mitigate the effects of climate change by 
promoting energy efficient transportation and public buildings, 
creating incentives for the use of alternative fuel vehicles 
and renewable energy, and ensuring sound water resource and 
natural disaster preparedness planning, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                       Purpose of the Legislation

    H.R. 2701, the ``Transportation Energy Security and Climate 
Change Mitigation Act of 2007'', as amended, promotes energy 
efficient transportation and public buildings, creates 
incentives for the use of alternative fuel vehicles and 
renewable energy, and ensures sound water resource and natural 
disaster preparedness planning.

                  Background and Need for Legislation

    According to the U.S. Environmental Protection Agency 
(``EPA''), 27.7 percent of the total greenhouse gas emissions 
produced by the United States come from the transportation 
sector, second only to electricity generation. The U.S. 
Department of Energy (``DOE'') reports that the carbon dioxide 
emissions from the transportation sector grew 25.4 percent 
between 1990 and 2006, or an average of 1.4 percent each year.
    The most recent DOE data show that transportation produces 
more metric tons of energy-related carbon dioxide than the 
residential and commercial sectors, and almost as much as the 
industrial sector. Nearly all of these transportation-related 
emissions come from the use of petroleum products. The 
transportation sector accounts for 68 percent of total U.S. 
petroleum consumption, and Americans used almost 14 million 
barrels of oil each day for transportation purposes in 2006.
    The EPA reports that 60 percent of transportation emissions 
come from gasoline consumption through personal vehicles, with 
other transportation emissions coming from activities such as 
diesel fuel combustion in heavy-duty vehicles and jet fuel used 
in aircraft. As transportation continues to have a profound 
impact on climate change and the environment, the environment, 
in turn, will have an impact on our transportation systems. 
Rising oceans and dangerous weather patterns have the potential 
to damage our transportation infrastructure and to disrupt 
daily commuting, travel, commerce, goods movement, and 
emergency response.
    To confront this threat, the Federal Government has 
implemented a wide array of initiatives, including alternative 
fuels research and implementation; support for public transit 
and nonmotorized transportation; programs to improve water 
quality; air quality and to reduce congestion; and research on 
environmentally sound railroad technologies. In addition, the 
Department of Transportation (``DOT'') has established the 
Center for Climate Change and Environmental Forecasting. H.R. 
2701 offers the next steps to mitigate the negative impact the 
transportation sector has on the environment as well as 
provides effective measures to immediately reduce energy 
consumption by Federal buildings.

Center for climate change and environment

    The Center for Climate Change and Environment was 
established within the Department of Transportation in 1999 and 
re-chartered in 2004. It is charged with developing a 
coordinated approach to DOT's efforts to analyze and implement 
policies and strategies to reduce greenhouse gas emissions and 
mitigate climate change.
    H.R. 2701 authorizes the Center to plan, coordinate, and 
implement Department-wide research, strategies, and actions to 
reduce transportation-related energy use and mitigate the 
effects of climate change. The bill also requires DOT to 
establish a clearinghouse to identify and track low-cost 
solutions to reducing transportation-related energy use, 
greenhouse gas emissions, and mitigate the effects of climate 
change.

Public and highway transportation

    Public transportation use conserves energy, reduces oil 
dependence, and improves air quality. Current transit use 
reduces U.S. petroleum consumption by a total of 1.4 billion 
gallons of gasoline annually compared to single occupancy 
automobile use. Public transportation reduces pollution by 
producing 95 percent less carbon monoxide, more than 92 percent 
fewer volatile organic compounds (``VOCs'') and nearly one-half 
as much carbon dioxide and nitrogen oxides (``NOX'') 
for every passenger mile traveled compared to traveling with 
private vehicles. Public transportation reduces annual 
emissions for pollutants that create smog, VOCs and 
NOX, by more than 70,000 tons and 27,000 tons 
respectively compared to single occupancy automobile use.
    Most rail transit vehicles emit little or no pollution 
because they are electrically propelled. Most buses, ferryboats 
and commuter rail locomotives increasingly use cleaner 
alternative fuels. If Americans rode transit at the rate of 10 
percent of daily travel, the U.S. would reduce its dependence 
on oil imported from the Persian Gulf by more than 40 percent.
    H.R. 2701 authorizes funds to allow transit agencies to 
provide incentives for commuters to choose transit options and 
increases the Federal share for alternative fuel transit bus, 
ferry, or locomotive-related equipment and facilities. The bill 
also ensures that rescissions of Federal Highway Program 
contract authority are implemented by the states 
proportionally.

Railroad and pipeline transportation

    In the past 26 years, railroads have made significant fuel 
efficiency gains. In 2006, one gallon of diesel moved one ton 
of freight an average of 414 miles: a 76 percent improvement 
since 1980. This increased fuel efficiency is due to a number 
of steps taken by the railroad industry including new, high 
horsepower locomotives, improved information technology 
systems, reduced idling, and new locomotive crew training 
programs.
    Promoting railroad use of new technologies will alleviate 
highway congestion and increase fuel savings. A single 
intermodal train can take up to 280 trucks (the equivalent of 
more than 1,100 cars) off our highways. The American 
Association of State Highway and Transportation Officials 
reports that moving one percent of the long-haul freight from 
truck to rail could realize fuel savings of approximately 110 
million gallons per year and reduce annual greenhouse gas 
emission by 1.3 million tons. If 10 percent of long-haul 
freight now moving by truck was transported by rail, annual 
greenhouse gas emissions would fall by nearly 13 million tons.
    Pipelines also present an opportunity for the United States 
to reduce its greenhouse gas emissions and fuel consumption. 
Improving the ability of pipelines to transport fuels at a 
higher pressure than they are currently able can promote 
greater utilization of pipeline transportation, thereby 
reducing the demand to transport such fuels by truck.
    H.R. 2701 authorizes funds for the purchase of fuel 
efficient locomotives, provides capital grants for regional and 
short line railroads to improve their tracks for greater 
efficiency, and directs the Secretary of Energy and the 
Secretary of Transportation to conduct feasibility studies for 
the construction of ethanol pipelines.

Maritime transportation

    The U.S. maritime transportation system can reduce 
pollutants that contribute to global warming by transporting 
cargo more efficiently and by reducing the emissions that 
originate in U.S. ports. Short sea transportation is an 
intermodal service that combines marine and one or more other 
connecting modes of transportation such as trucks and trains. 
Greater use of short sea transportation is in the national 
interest because it helps mitigate congestion on U.S. road and 
rail infrastructure and reduces related environmental impacts. 
The U.S. is expected to import 30 million containers in 2010, 
and 40 million containers annually by 2020. Existing 
transportation infrastructure cannot handle this growth.
    H.R. 2701 establishes a Short Sea Shipping Transportation 
Program to mitigate landside congestion. The bill also 
establishes a Green Ports Initiative and implements Annex VI to 
the International Convention for the Prevention of Pollution 
from Ships (``MARPOL'') which sets limits on Sulfur Oxide and 
Nitrogen Oxide emissions from ship exhausts and prohibits 
deliberate emissions of ozone-depleting substances.

Aviation

    As demand for aviation services continues to grow, so too 
does aviation's impact on the environment. The Federal Aviation 
Administration (``FAA'') forecasts that airlines are expected 
to carry more than one billion passengers by 2015, increasing 
from approximately 744 million in 2006.
    H.R. 2701 establishes the CLEEN Engine and Airframe 
Technology Partnership to encourage the development, maturing 
and certification of continuous lower energy, emissions and 
noise (``CLEEN'') engine and airframe technology. In addition, 
the bill authorizes the FAA to initiate a pilot program to fund 
six projects at public-use airports that will take promising 
environmental research concepts that have been proven in the 
laboratory into the actual airport environment for 
demonstration.

Public buildings

    The Public Building Service (``PBS''), within the General 
Services Administration, is the largest public real estate 
organization in the country. PBS has an inventory of over 342 
million square feet of workspace for approximately 1.1 million 
Federal employees located in 2,100 communities. This inventory 
comprises more than 1,500 government-owned buildings, or 
approximately 51 percent of GSA's total inventory. The 
remaining 49 percent of government office space is in 
privately-owned facilities, leased by GSA.
    H.R. 2701 directs the Administrator of General Services to 
install energy efficient lighting fixtures and light bulbs in 
newly-constructed or newly-renovated Federal buildings, and use 
energy efficient and renewable energy systems in Federal 
buildings to reduce the energy consumption.

Water resources

    Climate change could negatively impact water resources as 
well as water infrastructure. The U.S. Government's interagency 
climate research program, the U.S. Global Change Research 
Program, has stated: ``In many cases and in many locations, 
there is compelling scientific evidence that climate changes 
will pose serious challenges to our water systems.''
    H.R. 2701 establishes the 21st Century Water Commission to 
provide expert scientific guidance on future water supply and 
demand projections, climate change impacts to our Nation's 
flood risk and water demand, and associated climate change 
impacts on water quality. The bill also authorizes studies on 
how climate change will affect water quality and on the 
potential for increased hydropower.

                       Summary of the Legislation


Section 1. Short title and table of contents

    Section 1 cites the short title of the bill as the 
``Transportation Energy Security and Climate Change Mitigation 
Act of 2007'', and sets out the table of contents for the bill.

Section 2. Findings and purpose

    Section 2 lists the findings and purposes of the Act. 
Evidence that atmospheric warming and climate change are 
occurring is unequivocal and our nation's resources are under 
increasing stress as a result. Transportation and buildings are 
among the leading sources of greenhouse gas emissions. The 
purpose of this Act is 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


Section 101. Center for Climate Change and the Environment

    Subsection (a) authorizes the Department of 
Transportation's Center for Climate Change and Environment to 
plan, coordinate, and implement Department-wide research, 
strategies, and actions to reduce transportation-related energy 
use and mitigate the effects of climate change. This subsection 
requires the Center to establish a clearinghouse to identify 
and track low-cost solutions to reducing transportation-related 
energy use, greenhouse gas emissions, and mitigate the effects 
of climate change.
    Subsection (b) requires the Center for Climate Change and 
Environment to conduct a study to examine the fuel efficiency 
savings and clean air impacts of major transportation projects; 
and to identify low-cost solutions to reducing congestion and 
transportation-related energy use and mitigating the effects of 
climate change. The study also shall examine the effects of 
railroad pricing on moving freight from rail to roadways. This 
subsection requires the Secretary of Transportation to report 
to the Committee on Transportation and Infrastructure within 
one year of enactment of the Act regarding low-cost solutions 
identified in the study.
    Subsection (c) authorizes such sums as may be necessary to 
the Secretary of Transportation for the Center for Climate 
Change and Environment for fiscal years 2008 to 2011.

                     TITLE II--HIGHWAYS AND TRANSIT


                   SUBTITLE A--PUBLIC TRANSPORTATION

Section 201. Grants to improve public transportation services

    Section 201 authorizes $850 million from the General Fund 
for each of fiscal years 2008 and 2009 to allow urban and rural 
transit agencies to temporarily reduce transit fares and expand 
transit services. These funds will allow transit agencies to 
provide incentives for commuters to choose transit options, 
thereby reducing our nation's transportation-related energy 
consumption and reliance on foreign oil, as well as decreasing 
its greenhouse gas emissions. Grants made under this program 
will have a 100 percent Federal share.

Section 202. Increased Federal share for clean air act compliance

    Section 202 increases the Federal share for clean fuel and 
alternative fuel transit bus, ferry, or locomotive-related 
equipment or facilities from 90 percent under current law to 
100 percent of the net project cost for fiscal years 2008 and 
2009.

Section 203. Commuter rail transit enhancement

    Section 203 establishes a forum for the mediation of 
disputes between public transportation authorities and freight 
railroads at the Surface Transportation Board. The majority of 
commuter rail systems use rights-of-way owned by private 
freight railroads for their operations. As the level of freight 
traffic grows, public transportation authorities and freight 
railroads are finding it increasingly difficult to reach 
mutually satisfactory agreements regarding commuter rail 
service. The lack of a suitable forum for negotiating commuter 
rail agreements often has hindered vital public transportation 
services, thus it is critical that procedures be established to 
assure that both freight and passenger needs can be achieved in 
a way that is fair, timely and reasonable. This section 
establishes the Surface Transportation Board as a forum at 
which either commuter or freight railroads may appeal for 
adjudication of access issues.

                    SUBTITLE B--FEDERAL AID HIGHWAYS

Section 251. Increased Federal share for CMAQ projects

    Section 251 increases the Federal commitment to congestion 
mitigation and air quality improvement projects by increasing 
the Federal share for grants under the Congestion Mitigation 
Air Quality (``CMAQ'') program from 80 percent under current 
law to 100 percent of the net project cost. The section will 
assist regions in complying with the Clean Air Act and reducing 
transportation-related emissions.

Section 252. Distribution of rescissions

    Section 252 requires States to implement future rescissions 
of unobligated Federal-Aid Highway program contract authority 
proportional to the programmatic allocation received in a given 
fiscal year, if there is unobligated contract authority 
available to meet the rescission requirements. States have 
chosen to apply pervious rescissions disproportionately to cut 
contract authority for the Congestion Mitigation and Air 
Quality Improvement (``CMAQ'') program and Transportation 
Enhancement program funds. Both of these programs provide 
significant environmental benefits.
    CMAQ funds represent only about four or five percent of 
highway apportionments each year. Yet, CMAQ funds have 
accounted for about 20 percent of total highway funds rescinded 
in recent years. Comparing the treatment of CMAQ to other 
highway programs illustrates the disproportionate cuts of these 
rescissions. In fiscal year 2006, rescissions as a percentage 
of the total amount made available for programs are:

------------------------------------------------------------------------
                                                              Percent
------------------------------------------------------------------------
CMAQ....................................................              55
Interstate Maintenance..................................              12
National Highway System.................................               7
------------------------------------------------------------------------

    The Transportation Enhancements program has received 
similar treatment under recent rescissions. In fiscal year 
2006, states rescinded $602 million in Transportation 
Enhancement funds, which represents 15 percent of all 
rescissions in that year.
    States currently have significant flexibility in 
implementing the highway programs to meet their respective 
priorities. The practice of targeting specific highway programs 
for disproportionate burdens to meet rescission requirements 
undermines modal choice and the intent of Congress in creating 
those programs.

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

    Section 253 encourages State and local governments to 
employ ``complete streets'' policies. Complete streets are 
streets designed to accommodate all users of a variety of modes 
of transportation, including environmentally friendly options 
such as public transit, walking, and bicycling.

            TITLE III--RAILROAD AND PIPELINE TRANSPORTATION


Section 301. Green locomotive grant program

    Section 301 requires the Secretary to establish a grant 
program to incentivize railroad carriers and State and local 
governments to purchase locomotives that exceed Environmental 
Protection Agency (``EPA'') emission standards. In awarding the 
grants, the Secretary must consider (1) the identified need for 
such locomotives in the areas served by the applicant; (2) the 
benefits of the emission 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. The section authorizes $50 million in 
appropriations for each of fiscal years 2008 though 2011 to 
carry out this program.

Section 302. Capital grants for railroad track

    Subsection (a) directs the Secretary to establish a capital 
grant program to assist regional and short line railroads in 
rehabilitating, preserving, or improving railroad track used 
primarily for the safe and efficient transportation of freight 
traffic.
    Subsection (b) sets the maximum Federal share for carrying 
out a project under the section to be 80 percent of the project 
cost.
    Subsection (c) limits the eligibility for assistance under 
the section to tracks that have been operated or owned by a 
class II or class III railroad.
    Subsection (d) requires that grants provided in the section 
be used to implement track capital projects as soon as 
possible.
    Subsection (e) requires the Secretary to ensure 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 terms imposed under 
section 11326(a) of Title 49, as in effect on the date of the 
enactment of this Chapter.
    Subsection (f)(1) requires the Secretary to ensure that 
laborers and mechanics employed by contractors and 
subcontractors in construction work financed by a grant made 
under this section will be paid prevailing wages. The Secretary 
shall make a grant under this section only after being assured 
that required labor standards will be maintained on the 
construction work. Subsection (f)(2) states that 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 subchapter IV of Chapter 31 of 
Title 40.
    Subsection (g) directs the Secretary of Transportation to 
conduct a study of the projects carried out with funds under 
the section and report to Congress by March 31, 2009.
    Subsection (h) authorizes $250 million in appropriations 
for each of fiscal years 2008 through 2011 to carry out this 
capital grant program.

Section 311. Feasibility studies

    Section 311 directs the Secretary of Energy, in 
coordination with the Secretary of Transportation, to conduct 
feasibility studies for the construction of pipelines dedicated 
to the transportation of ethanol. The studies will include 
consideration of the barriers to constructing pipelines 
dedicated to the transportation of ethanol; market risk; 
regulatory, and financing options that would mitigate any risk; 
methods to ensure safe transportation of ethanol and 
preventative measures to ensure pipeline integrity; and any 
other factor the Secretary of Energy considers appropriate. 
This section authorizes appropriations of $1 million for each 
of fiscal years 2008 and 2009 to carry out this section.

                   TITLE IV--MARITIME TRANSPORTATION


                     SUBTITLE A--GENERAL PROVISIONS

Section 401. Short sea transportation initiative

    Subsection (a) amends Title 46 of the United States Code by 
adding Chapter 556, creating sections 55601-55606. Section 
55601 requires the Secretary of Transportation to establish a 
short sea transportation program and to designate short sea 
transportation projects to mitigate landside congestion. This 
section also requires the Secretary to designate short sea 
transportation routes as extensions of the surface 
transportation system to relieve landside congestion along 
coastal routes. The Secretary will designate projects if the 
project offers a waterborne alternative to available landside 
transportation and provide for transportation services for 
passengers or freight (or both) that may reduce congestion. The 
section requires that the Secretary, in consultation with other 
Federal agencies and state and local governments, develop 
strategies to encourage the use of short sea transportation of 
passengers and cargo and to encourage state departments of 
transportation to develop strategies to incorporate short sea 
transportation and other marine transportation solutions into 
their regional and interstate transportation plans.
    Section 55602 requires the Secretary of Transportation to 
enter into memorandums or understanding with the heads of other 
Federal agencies to transport federally owned or generated 
cargo using a short sea transportation project. This section 
also requires the Secretary of Transportation to develop 
proposals for short-term incentives to encourage the use of 
short sea transportation. Section 55603 establishes a new loan 
guarantee program for the construction, reconstruction, or 
reconditioning of a vessel that will be used for a short sea 
shipping project. The terms and conditions that apply to loan 
guarantees made under Chapter 537 of Title 46, United States 
Code, shall apply to loan guarantees made under this new loan 
guarantee program. The section limits the total obligations 
that may be issued for loan guarantees for short sea 
transportation projects to $2 billion. The section authorizes 
$25 million for these projects for each of fiscal years 2008 
through 2011. Section 55604 requires the Secretary of 
Transportation to establish a board, comprised of Federal, 
State, local, and private sector representatives, to identify 
and seek solutions to impediments hindering effective use of 
short sea transportation. Section 55605 authorizes the 
Secretary to conduct research on short sea transportation. 
Section 55606 defines the term ``short sea transportation''.
    Subsection (b) includes a clerical amendment to reflect the 
addition of the new section in Title 46 in the table of 
contents.
    Subsection (c) requires the Secretary of Transportation to 
issue temporary regulations to implement the requirements of 
subsection (a) by December 31, 2007, and to issue final 
regulations by October 1, 2008.

Section 402. Short sea shipping eligibility for Capital Construction 
        Fund

    Section 402 amends the Capital Construction Fund (``CCF'') 
program so that vessels engaged in short sea transportation are 
eligible to participate in this program. CCF is a tax deferral 
program that allows a vessel owner to deposit funds into the 
account and defers the taxation on the earnings in the account 
if the owner uses the funds to build a vessel for short sea 
transportation. The deferred taxation is recaptured by 
decreasing the depreciable base of the vessel by the amount of 
CCF funds used to purchase the vessel.

Section 403. Report

    Section 403 requires the Secretary of Transportation to 
submit to Congress a report on the short sea transportation 
program that was established by Section 401 and to recommend 
any further legislative or administrative actions that the 
Secretary considers appropriate.

Section 404. Green Ports Initiative

    Section 404 establishes a Green Ports Initiative to promote 
the use of technologies in U.S. ports and shipyards to reduce 
air emissions including particulate matter, nitrogen oxides, 
sulfur oxides, and carbon monoxides. For example, the program 
may include the use of electric and low- emission vehicles for 
cargo handling equipment in a port. It may also include the use 
of electric shore power so ships will not need to keep their 
auxiliary engines operating when in port.
    This section authorizes the Secretary of Transportation to 
provide grants and low-cost revolving loans, up to $1 million 
per loan, on a competitive basis to ports to significantly 
reduce emissions. The grants and loans shall be prioritized by 
the Secretary based on projects that will remove the largest 
amount of pollutants for each dollar provided in the grant or 
loan. For example, a port, terminal operator, or shipyard may 
use the grant or loan to repower or buy new diesel engines for 
their equipment that significantly reduces emissions. The 
section authorizes $25 million for each of fiscal years 2008 
through 2011 for loans and grants made under this section.

                     SUBTITLE B--MARITIME POLLUTION

Section 451. References

    Section 451 clarifies that any reference to a section or 
other provision within Subtitle B refers to a section or other 
provision of the Act to Prevent Pollution from Ships (33 U.S.C. 
1901 et seq.).

Section 452. Definitions

    Section 452 adds a definition of ``Administrator'' to title 
33 U.S.C. 1901 and makes several conforming changes to existing 
law to reflect the adoption of the International Convention for 
the Prevention of Pollution from Ships (``MARPOL'') Annex VI.

Section 453. Applicability

    Section 453 establishes applicability for vessel air 
emission regulations issued under section 4 of the Act to 
Prevent Pollution from Ships. Under the section, U.S. vessels 
and foreign vessels that are operating in the territorial sea, 
in emission control areas, and in areas designated by the 
Administrator, in consultation with the Secretary of the 
department in which the Coast Guard is operating, would be 
required to comply with vessel air emission regulations that 
are issued by the Coast Guard and EPA.
    The section applies Annex VI to the U.S. Exclusive Economic 
Zone to the extent that this is consistent with international 
law. The section also authorizes, but does not require, heads 
of each Federal department or agency to determine that some or 
all of the requirements apply regarding vessel air emissions 
for public vessels operated under that department or agency's 
authority. Section 17 of the Act to Prevention Pollution from 
Ships already states that any action taken under that Act must 
be taken in accordance with international law. Therefore, this 
limitation also applies to the amendments to the Act.
    Under MARPOL Annex VI, signatory nations are only required 
to apply vessel air emission standards regarding nitrogen oxide 
to vessels with marine engines rated above 130 kilowatts, or 
175 horsepower. The Committee does not intend to apply 
standards under MARPOL Annex VI to any vessel equipped with an 
engine below this threshold.

Section 454. Administration and enforcement

    Section 454 requires the Secretary of the department in 
which the Coast Guard is operating and the Administrator of the 
Environmental Protection Agency to prescribe regulations to 
carry out Annex VI of the MARPOL Convention. In accordance with 
Annex VI, the section also prohibits any standard regarding the 
emission of volatile organic compounds from vessels from taking 
effect until six months after the International Maritime 
Organization has been notified that such standards have been 
established. Section 455 prohibits any person other than the 
Administrator of the Environmental Protection Agency (``EPA'') 
from issuing an Engine International Air Pollution Prevention 
Certificates on behalf of the United States for U.S.-flag 
vessels and requires that such certificates are issued 
consistently with regulations and requirements under the Clean 
Air Act.

Section 455. Certificates

    Section 455 requires that each vessel greater than 400 
gross tons and each offshore terminal be issued an 
International Air Pollution Prevention Certificate to certify 
that the equipment in the vessel is in compliance with all 
applicable requirements under MARPOL Annex VI, and an Engine 
International Air Pollution Prevention Certificate to certify 
that each engine or engine group is in compliance with 
NOX standards under Regulation 13 of Annex VI to the 
Convention. This section also includes language that 
recognizes, for purposes of compliance under U.S. law, a 
certificate issued by another nation that is party to the 
MARPOL protocol. Section 5(b) of the Act to Prevent Pollution 
from Ships states that ``[a] certificate issued by a country 
which is a party to the MARPOL Protocol has the same validity 
as a certificate issued by the Secretary under the authority of 
the MARPOL protocol.'' This subsection also applies to 
certificates issued by foreign governments under MARPOL Annex 
VI.

Section 456. Reception facilities

    Section 456 requires the Secretary of the department in 
which the Coast Guard is operating or the EPA Administrator to 
prescribe regulations that require ports and terminals to 
provide or ensure the availability of adequate reception 
facilities for ozone depleting substances, equipment containing 
such substances and exhaust cleaning residues. The section also 
authorizes the CoastGuard to deny a vessel entry into a port or 
terminal that, in the Coast Guard's determination, is not in compliance 
with such regulations.

Section 457. Inspections

    Section 457 authorizes the Coast Guard to carry out 
inspections to verify that vessels are in compliance with 
requirements under MARPOL Annex VI and to carry out enforcement 
actions for violations of such requirements and regulations.

Section 458. Amendment to the protocol

    Section 458 makes a conforming change to current law to 
reflect the adoption of MARPOL Annex VI.

Section 459. Penalties

    Section 459 authorizes the Administrator of EPA, in 
addition to the Coast Guard, to assess civil penalties for 
violations of Annex VI.

Section 460. Effect on other laws

    Section 460 includes language that clarifies that 
authorities, requirements, and remedies that are provided under 
the Act to Prevent Pollution from Ships do not amend or repeal 
any authorities, requirements, and remedies provided under any 
other provision of law, including the Clean Air Act of 1990 and 
the rights of States under that Act.

                           TITLE V--AVIATION


Section 501. CLEEN Engine and Airframe Technology Partnership

    Subsection (a) amends Chapter 475 of Title 49 of the United 
States Code by adding section 47511. The subsection directs the 
FAA to enter into a ten-year 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.
    Subsection (b) defines CLEEN as continuous lower energy, 
emissions, and noise engine and airframe technology.
    Subsection (c) sets the goals of the CLEEN engine and 
airframe technology partnership as: (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; and (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.
    Subsection (d) creates a research program to develop jet 
fuel from clean coal and designates by a competitive process an 
institution known as the Center of Excellence for Coal to Jet 
Fuel Research to work in collaboration with Federal agencies 
and educational and research institutions, through grants or 
other measures as described in 106(l)(6) of title 49, United 
States Code. The subsection includes language to allow as a 
purpose of the program the capture and sequestration of the 
carbon dioxide produced in the conversion process of coal to 
jet fuel.
    Subsection (e) authorizes $111 million for the cooperative 
agreement.
    Subsection (f) authorizes the FAA Administrator to publish 
an annual report on the program established under this section, 
beginning in 2009 through the completion of the program.

Section 502. Environmental mitigation demonstration pilot program

    Section 502 establishes a pilot program to allow the FAA to 
fund six projects at public-use airports that would take 
promising environmental research concepts that have been proven 
in the laboratory into the actual airport environment for 
demonstration. Eligible projects would demonstrate whether 
research would measurably reduce or mitigate aviation impacts 
on noise, air quality or water quality in the airport 
environment. Grants will be awarded based on the greatest 
reductions in aircraft noise, airport emissions, or water 
quality impacts. This section authorizes up to $2.5 million per 
project, and the Federal share for each project is 50 percent.

                       TITLE VI--PUBLIC BUILDINGS


              SUBTITLE A--GENERAL SERVICES ADMINISTRATION

Section 601. Public building energy efficient and renewable energy 
        systems

    Subsection (a) amends section 3307(b) of the Public 
Buildings Act (40 U.S.C. 601-619) by inserting new paragraph 
(7). The paragraph requires the Administrator of General 
Services to include in any prospectus of a proposed facility 
being transmitted to Congress for approval an estimate of 
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.
    Subsection (b) amends section 3307 of the Public Buildings 
Act by adding subsection (f). The subsection authorizes the 
Administrator of General Services to include minimum 
performance requirements requiring energy efficiency and use of 
renewable energy in leased space.
    Subsection (c) amends Chapter 33 of Title 40, United States 
Code, by adding new section 3313. Section 3313(a) directs the 
Administrator of General Services to equip each public building 
significantly altered or constructed, to the maximum extent 
practicable, with lighting fixtures and bulbs that are energy 
efficient. Section 3313(b) directs the Administrator of General 
Services in normal routine maintenance to replace lighting 
fixtures or bulbs with energy efficient lighting fixtures and 
bulbs. Section 3313(c) authorizes the Administrator of General 
Services in making a determination under this section to 
consider lifecycle costing, equipment compatibility, 
aesthetics, and productivity. Section 3313(d) identifies a 
lighting fixture or bulb to be energy efficient if the fixture 
or bulb is certified under the Energy Star Program or the 
Administrator determines the fixture or bulb to be energy 
efficient. Section 3313(e) identifies significantly altered 
buildings as buildings that require a prospectus under section 
3307. Section 3313(f) establishes an effective date for the 
requirement in this section to take effect as of one year after 
enactment.
    Subsection (d) amends Chapter 33 of Title 40 by adding 
section 3314, which authorizes the Administrator of General 
Services to sign utility contracts for a period of not more 
than 30 years. The 30-year time frame allows GSA more time to 
hedge against increasing electricity prices in the market.
    Subsection (e) amends section 3310 of the Public Buildings 
Act by inserting a new section 3 that authorizes the 
Administrator of General Services to include in any 
solicitation for a lease requiring a prospectus required under 
section 3307 of title 40 an evaluation factor that considers 
the extent to which the offeror will promote energy efficiency 
and use renewable energy.

Section 602. Public buildings life-cycle costs

    Section 602 amends the National Energy Conservation Policy 
Act by extending the life-cycle cost calculation period from 25 
years to 40 years.

Section 603. Installation of photovoltaic system at Department of 
        Energy headquarters

    Subsection (a) directs the Administrator of General 
Services to install a photovoltaic system for the headquarters 
building of the Department of Energy located at 1000 
Independence Avenue, S.W., Washington, DC.
    Subsection (b) makes available from the Federal Building 
Fund, established by section 592 of Title 40, $30 million to 
carry out this section.

                        SUBTITLE B--COAST GUARD

Section 631. Prohibition of incandescent lamps by Coast Guard

    Subsection (a) prohibits the purchase or installation of 
incandescent lamps in a Coast Guard facility by or on behalf of 
the Coast Guard except as provided in subsection (b).
    Subsection (b) authorizes the purchase, installation, or 
use of a general service incandescent lamp for a Coast Guard 
facility whenever the application of a general service 
incandescent lamp is necessary due to purpose or design, 
including medical, security, and industrial applications; 
reasonable due to the architectural or historical value of a 
light fixture installed before January 1, 2009; or the 
Commandant of the Coast Guard determines that operational 
requirements necessitate the use of a general service 
incandescent lamp.
    Subsection (c) defines the term ``facility'' to exclude a 
vessel or aircraft of the Coast Guard.

                  SUBTITLE C--ARCHITECT OF THE CAPITOL

Section 651. Capitol complex photovoltaic roof feasibility study

    Subsection (a) authorizes the Architect of the Capitol to 
perform a feasibility study regarding construction of a 
photovoltaic roof on the Rayburn House Office Building.
    Subsection (b) requires the Architect of the Capitol to 
transmit to the Committee on Transportation and Infrastructure 
a report on the results of the feasibility study and 
recommendations regarding the construction of a photovoltaic 
roof on top of the Rayburn House Office Building.
    Subsection (c) authorizes such sums as necessary to carry 
out this section in fiscal year 2008.

Section 652. Capitol complex E-85 refueling station

    Subsection (a) authorizes the Architect of the Capitol to 
construct a fuel tank and pumping system for E-85 fuel at or 
within close proximity to the Capitol Grounds Fuel Station.
    Subsection (b) authorizes the E-85 fuel tank and pumping 
system to be available for use by all legislative branch 
vehicles capable of operating with E-85 fuel, provided that any 
legislative branch vehicles that use the system reimburse the 
Architect of the Capitol.
    Subsection (c) authorizes such sums as necessary to carry 
out this section in FY 2008.

Section 653. Energy and environmental measures in Capitol Complex 
        Master Plan

    Subsection (a) authorizes the Architect of the Capitol, to 
the maximum extent practicable, to include energy efficient 
measures, climate change mitigation measures, and other 
appropriate environmental measures in the Capitol Complex 
Master Plan.
    Subsection (b) requires the Architect of the Capitol to 
transmit a report on the energy efficiency measures, climate 
change mitigation measures, and other appropriate environmental 
measures included in the Capitol Complex Master Plan to the 
Committee on Transportation and Infrastructure and the 
Committee on Rules and Administration of the Senate.

Section 654. Capitol power plant

    Subsection (a) authorizes the Architect of the Capitol, for 
the purposes of reducing carbon dioxide emissions, to install 
technologies for the capture and storage or use of carbon 
dioxide emitted from the Capitol power plant as a result of 
burning coal.
    Subsection (b) defines the Capitol Power Plant as the power 
plant constructed in the vicinity of the Capitol Complex in the 
District of Columbia pursuant to the Act of April 28, 1904 and 
designated under 2 U.S.C. 2162.

    TITLE VII--WATER RESOURCES AND EMERGENCY MANAGEMENT PREPAREDNESS


                      SUBTITLE A--WATER RESOURCES

Section 701. Policy of the United States

    Section 701 establishes a national policy for the 
construction and management of Federal water resources 
projects.

Section 702. 21st Century Water Commission

    Section 702 establishes the 21st Century Water Commission 
to provide expert scientific guidance on future water supply 
and demand projections, climate change impacts to our Nation's 
flood risk and water demand, and associated climate change 
impacts on water quality. The section creates a ``21st Century 
Water Commission'' to study current Federal, State, and local 
water resources management programs and activities, and to 
ensure that the nation is adequately prepared to meet the water 
supply, water quality, and water resources demands of the next 
50 years.

Section 703. Improving hydropower capabilities

    Section 703 directs the U.S. Army Corps of Engineers to 
study the potential for increased hydropower at existing U.S. 
Army Corps of Engineers facilities. The section directs the 
Corps of Engineers to undertake a study of potential increased 
hydropower generating capabilities at existing Corps facilities 
and report to Congress within one year regarding the findings.

Section 704. Study of potential impacts of climate change on water 
        resources and water quality

    Subsection (a) directs the Administrator of the U.S. 
Environmental Protection Agency to enter into an arrangement 
with the National Academy of Sciences to study the potential 
effects of climate change on water quality, and to recommend 
appropriate responses to address potential effects of climate 
change on water quality, and to recommend appropriate responses 
to address potential impacts of climate change on water 
quality, watersheds, and water resources.
    Subsection (b) requires the EPA Administrator to transmit 
to Congress a report on the results of the study under this 
section within two years.

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

    Section 705 directs the Secretary of the Army to ensure 
that all future water resources projects and studies take into 
account the potential short-term and long-term effects of 
climate change, and to report to the House and Senate 
authorizing committees with one year of the Corps 
implementation of the section.

                    SUBTITLE B--EMERGENCY MANAGEMENT

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

    Section 731 requires the Administration of the Federal 
Emergency Management Agency to 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. The section requires that the study include an analysis 
of the budgetary and personnel needs of meeting the increased 
demand for Agency services. The section requires the 
Administrator to submit a report, within one year, to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate with any legislative 
recommendations on the study conducted under the section.

            Legislative History and Committee Consideration

    In the 110th Congress, the Committee on Transportation and 
Infrastructure held a hearing on ``Administration Proposals on 
Climate Change and Energy Independence'' on May 11, 2007. On 
May 13, 2007, Chairman James L. Oberstar introduced H.R. 2701, 
the ``Transportation Energy Security and Climate Change 
Mitigation Act of 2007''.
    On May 16, 2007, the Committee on Transportation and 
Infrastructure held a hearing on ``Climate Change and Energy 
Independence: Transportation and Infrastructure Issues''. On 
June 14, 2007, the Committee met in open session to consider 
H.R. 2701. Chairman James L. Oberstar postponed further 
proceedings on the bill to allow for adequate time to consider 
amendments.
    On June 20, the Committee met in open session to consider 
H.R. 2701. The Committee adopted five amendments to H.R. 2701, 
five amendments were adopted by voice vote. In addition, the 
Committee adopted an amendment in the nature of a substitute to 
an amendment by recorded vote. The Committee adopted an 
amendment, by voice vote, requiring the Center for Climate 
Change within the Department of Transportation to study the 
environmental impact of railroad pricing schemes. The Committee 
adopted an amendment, by voice vote, requiring the Surface 
Transportation Board (``STB'') to conduct commuter rail 
mediations in a manner consistent with the non-binding 
procedures the STB currently has in place for freight rail 
mediations. The Committee adopted an amendment, by voice vote, 
creating a research program to develop jet fuel from clean 
coal. The Committee adopted an amendment, by voice vote, after 
adopting an amendment in the nature of a substitute by recorded 
vote, directing the Architect of the Capitol to install 
technologies to store carbon dioxide or use carbon dioxide. The 
Committee adopted an amendment, by voice vote, directing the 
21st Century Water Commission to suggest strategies for 
avoiding an increased mandate on State and local governments.
    The Committee on Transportation and Infrastructure order 
the bill, as amended, reported favorably to the House by voice 
vote with a quorum present.

                              Record Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each roll call vote on a motion 
to report and on any amendment offered to the measure or 
matter, and the names of those members voting for and against. 
There were three recorded votes taken in connection with 
amendments to H.R. 2701. The Committee ordered H.R. 2701, as 
amended, reported favorably to the House by voice vote with a 
quorum present.


                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
clause 308(a) of the Congressional Budget Act of 1974, the 
Committee references the report of the Congressional Budget 
Office included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
promote energy efficient transportation and public buildings, 
creates incentives for the use of alternative fuel vehicles and 
renewable energy, and ensures sound water resource and natural 
disaster preparedness planning.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 
2701, as amended, from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 18, 2007.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2701, the 
Transportation Energy Security and Climate Change Mitigation 
Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sarah Puro.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

H.R. 2701--Transportation Energy Security and Climate Change Mitigation 
        Act of 2007

    Summary: H.R. 2701 would authorize the appropriation of 
about $3.3 billion for programs to reduce environmental 
emissions from a variety of modes of transportation and to 
increase the energy efficiency of certain buildings operated by 
the federal government. The bill would establish several new 
grant programs to be administered by the Department of 
Transportation (DOT) for public transportation entities, rail 
carriers, and certain shippers. The bill also would establish a 
new commission on water resources and would implement 
provisions of a treaty to prevent pollution from ships. 
Further, the bill would require the Architect of the Capitol 
(AOC), the Department of Energy (DOE), the Environmental 
Protection Agency (EPA), the Federal Emergency Management 
Agency (FEMA), and the Army Corps of Engineers to complete 
studies and reports regarding global warming and energy 
efficiency. CBO estimates that implementing the bill would 
incur discretionary costs of $220 million in 2008, $2.6 billion 
over the 2008-2012 period, and $0.6 billion after 2012, 
assuming the appropriation of the necessary amounts.
    In addition, CBO estimates that, by authorizing the General 
Service Administration (GSA) to enter into long-term contracts 
to secure public utility services, H.R. 2701 would increase 
direct spending by $70 million in 2008, $770 million over the 
2008-2012 period, and $830 million over the next 10 years. A 
provision of the bill to install a photovoltaic system at the 
headquarters building of DOE would increase the speed of 
expenditures but not add to direct spending over the 2008-2012 
period. Other provisions would have no significant effect on 
direct spending and would not affect revenues.
    CBO has not reviewed subtitle B of title IV for the 
presence of intergovernmental or private-sector mandates. 
Section 4 of the Unfunded Mandates Reform Act (UMRA) excludes 
from the application of that act any legislative provisions 
that are necessary for the ratification or implementation of 
international treaty obligations, and CBO has determined that 
subtitle B falls within that exclusion. The remaining 
provisions of H.R. 2701 contain no intergovernmental or 
private-sector mandates as defined in UMRA; the bill would 
benefit public institutions of higher education and state and 
local governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2701 is shown in the following table. 
The costs of this legislation fall within budget functions 300 
(natural resources and environment), 400 (transportation), and 
800 (general government).
    Basis of estimate: For this estimate, CBO assumes that H.R. 
2701 will be enacted near the end of fiscal year 2007. CBO 
assumes that the authorized and necessary amounts will be 
appropriated each year and that outlays will follow historical 
rates of spending for similar programs.

Direct spending and revenues

    Utility Service Contracts. H.R. 2701 would authorize GSA to 
sign long-term contracts of up to 30 years to secure public 
utility services for federal agencies. The bill specifies that 
GSA could use such contracts to promote the use of renewable 
energy systems. CBO expects GSA would use this new authority 
because doing so would help agencies to comply with an existing 
requirement to increase consumption of electricity that is 
generated from renewable sources (such as wind and solar 
energy). Under that requirement, by 2013, agencies must 
generate 3.75 percent of their electricity use from facilities 
that use renewable sources and were constructed after 1998. 
(According to DOE, 1 percent of the electricity consumed 
currently by federal agencies comes from such facilities.)
    Under H.R. 2701, CBO expects that GSA would use long-term 
contracts to encourage investment in facilities to generate 
renewable electricity for federal consumption. Upon signing 
long-term contracts, the government would become obligated to 
make payments in the future, and consistent with government-
wide accounting principles, the budget should record those 
commitments as new obligations at the time the government 
enters into such contracts.

                                      ESTIMATED BUDGETARY IMPACT OF H.R. 2701
----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2008     2009     2010     2011     2012
----------------------------------------------------------------------------------------------------------------
                                           CHANGES IN DIRECT SPENDING

Utility Service Contracts:
    Estimated Budget Authority.....................................      230      210      200      190        0
    Estimated Outlays..............................................       70      150      210      200      140
Photovoltaic System:
    Budget Authority...............................................        0        0        0        0        0
    Estimated Outlays..............................................        6       15        4      -25        0
    Total Changes in Direct Spending:
        Estimated Budget Authority.................................      230      210      200      190        0
        Estimated Outlays..........................................       76      165      214      175      140

                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Public Transportation Grants:
    Authorization Level............................................      850      850        0        0        0
    Estimated Outlays..............................................      128      383      425      298      230
Rail Grants:
    Authorization Level............................................      300      300      300      300        0
    Estimated Outlays..............................................       46      136      196      240      232
Maritime Transportation:
    Estimated Authorization Level..................................       54       54       54       52        1
    Estimated Outlays..............................................       31       41       47       47       19
Aviation Programs:
    Estimated Authorization Level..................................       21       22       33       50        0
    Estimated Outlays..............................................        6       21       31       41       21
Commission on Water Resources:
    Estimated Authorization Level..................................        2        3        3        3        1
    Estimated Outlays..............................................        1        3        4        3        1
Other Programs, Reports, and Assessments:
    Estimated Authorization Level..................................        7        3        2        2        2
    Estimated Outlays..............................................        4        5        2        2        2
    Total Changes Subject to Appropriation:
        Estimated Authorization Level..............................    1,234    1,232      392      407        4
        Estimated Outlays..........................................      221      603      708      606      503
----------------------------------------------------------------------------------------------------------------

    Based on information provided by DOE about the current use 
of renewable electricity by federal agencies, CBO estimates 
that GSA would contract with utilities to build new facilities 
capable of producing nearly 250 megawatts of electricity. (CBO 
estimates that amount of capacity would generate roughly half 
of the renewable electricity federal agencies must consume by 
2013 to meet the current-law requirement.) Based on information 
from the Energy Information Administration about the cost of 
building such facilities, we estimate that the cost per 
megawatt of renewable electricity capacity would average $3.3 
million. That amount reflects a weighted average of capital 
costs for various types of renewable facilities--particularly 
wind and solar photovoltaic--and includes anticipated financing 
costs. For this estimate, we expect that most spending to build 
new capacity would occur over the 2008-2012 period, with 
facilities coming on line within three years of when 
construction begins.
    CBO estimates that increased direct spending on contracts 
to obtain renewable electricity generation facilities under 
H.R. 2701 would cost $70 million in 2008, $770 million over the 
2008-2012 period, and $830 million over the next 10 years.
    Photovoltaic System. The bill would require GSA to install 
a photovoltaic system on the side of the headquarters building 
of DOE in Washington, D.C. Photovoltaic systems use solar-power 
technology to convert energy from the sun into electricity. The 
legislation would direct the department to use up to $30 
million in unobligated balances in the Federal Buildings Fund, 
which currently has over $2 billion available, beginning in 
fiscal year 2008, to install the system.
    CBO estimates that H.R. 2701 would modify the expected 
spending pattern of balances in the Federal Buildings Fund but 
would not increase budget authority. Based on information from 
DOE about the anticipated construction schedule, CBO estimates 
that implementing this project would cost $6 million in 2008 
and $30 million over the 2008-2012 period. However, we also 
estimate that this project would not affect net federal outlays 
over the 2008-2012 period because spending on this project 
would be offset by decreased spending later in that period or 
by other GSA initiatives.
    Capitol Construction Fund. The bill would add certain 
vessels engaged in short sea shipping on the Great Lakes Saint 
Lawrence Seaway System to the list of vessels for which capital 
construction funds may be established. By contributing to such 
funds, certain companies can defer income taxes on the portion 
of their income used for qualifying activities (for example, 
construction of vessels). Expanding eligibility for capital 
construction funds would become effective if changes to the 
Internal Revenue Code were made in subsequent legislation that 
are similar to the changes that section 402 would make to title 
46. Since any changes in revenues would be contingent upon such 
subsequent legislation, enacting H.R. 2701 would not--by 
itself--have any impact on federal revenues.

Spending subject to appropriation

    Public Transportation Grants. Section 201 would direct DOT 
to administer grants that would aid public transportation 
authorities to either reduce fares or to expand services. The 
bill would authorize the appropriation of $750 million annually 
in fiscal years 2008 and 2009 for such programs in urban areas 
with populations over 50,000, and $100 million in each of those 
two years for areas with populations under 50,000. Based on 
spending patterns for similar programs, CBO estimates that 
implementing those grant programs would cost $128 million in 
2008, $1.5 billion over the 2008-2012 period, and about $220 
million after 2012.
    Rail Grants. Title III would establish two new grant 
programs, one intended to reduce emissions from trucks by using 
rail transportation and the other to reduce emissions generated 
by locomotives. The bill would authorize the appropriation of 
$300 million annually through 2011 for such programs. That 
amount includes $250 million to rehabilitate, preserve, or 
improve railroad track to increase the capacity of that track, 
and $50 million for grants to railroad carriers to purchase or 
refurbish locomotives that meet or exceed EPA's proposed 
emissions standards for locomotives and locomotive engines. CBO 
estimates that implementing those programs would cost $46 
million in 2008, $846 million over the 2008-2012 period, and 
$342 million after 2012.
    Maritime Transportation. Title IV would require DOT to 
establish a program to increase the use of a certain type of 
short-distance transportation of cargo by sea called short sea 
transportation and to establish an initiative to increase the 
use of technologies at United States ports and shipyards that 
would reduce certain air emissions. CBO estimates that he title 
also would implement the Protocol of 1997 to the International 
Convention for the Prevention of Pollution from Ships, 1973 
(MARPOL) by requiring EPA and DOT to develop new regulations. 
CBO estimates that fully funding those programs would require 
appropriations totaling $215 million over the 2008-2012 period. 
That amount includes $100 million specifically authorized to be 
appropriated to DOT for a loan guarantee program to increase 
the use of short sea transportation and a specified $106 
million for an initiative to reduce certain air emissions at 
ports. The remaining $9 million would be used to implement the 
short sea program and MARPOL regulations. Based on historical 
spending patterns for similar activities, CBO estimates that 
implementing title IV would cost $31 million in 2008 and $185 
million over the 2008-2012 period, assuming appropriation of 
the amounts specified and estimated to be necessary.
    Aviation Programs. Title V would establish two new programs 
aimed at improving the energy efficiency of aircraft and 
reducing aviation-related environmental impacts. CBO estimates 
that fully funding those programs would require appropriations 
totaling $126 million over the 2008-2011 period. That amount 
includes $111 million specifically 5 authorized to be 
appropriated to the Federal Aviation Administration for 
research on aircraft technology and $15 million estimated to be 
necessary for DOT to fund pilot projects to mitigate aviation-
related effects on noise, air quality, or water quality. Based 
on historical spending patterns for similar activities, CBO 
estimates that implementing title V would cost $6 million in 
2008 and $120 million over the next five years, assuming 
appropriation of the necessary amounts.
    Commission on Water Resources. Title VII would authorize 
the appropriation of $12 million to establish a commission to 
study the use and management of water resources in the United 
States. The commission also would be responsible for assessing 
strategies and incentives to ensure that the United States 
continues to have an adequate and dependable supply of water. 
CBO estimates that enacting this provision would cost $1 
million in 2008 and $12 million over the 2008-2012 period.
    Other Programs, Reports, and Assessments. Other provisions 
of the bill would authorize the appropriation of $16 million 
over the 2008-2012 period, including:
           $10 million for DOT to establish a Center 
        for Climate Change and Environment and to complete 
        studies and reports on climate change;
           $5 million for DOE, DOT, EPA, FEMA, the 
        Architect of the Capitol, and the Army Corps of 
        Engineers to complete studies on the use of pipelines 
        to transport ethanol, the effectiveness of the short 
        sea transportation program established in the bill, the 
        potential impacts of climate change on water resources 
        and water quality, the effects of climate changes on 
        FEMA preparedness, the construction and use of energy 
        efficient technologies within the U.S. Capitol complex, 
        and the use of certain hydropower technologies to 
        reduce emissions, respectively; and
           $1 million for the Architect of the Capitol 
        to build an E-85 (a blend of motor fuel with 85 percent 
        ethanol and 15 percent gasoline) fueling station within 
        the Capitol complex.
    CBO estimates that fully funding those activities would 
cost $4 million in 2008 and $15 million over the 2008-2012 
period, assuming appropriation of the necessary amounts.
    Intergovernmental and private-sector impact: Section 4 of 
UMRA excludes from the application of that act any legislative 
provisions that are necessary for the ratification or 
implementation of international treaty obligations. CBO has 
determined that title IV, subtitle B of H.R. 2701 falls within 
that exclusion because it 6 would implement Annex VI of the 
MARPOL Convention. Consequently, CBO has not reviewed those 
provisions for the presence of intergovernmental or private-
sector mandates.
    The remaining provisions of H.R. 2701 contain no 
intergovernmental or private-sector mandates as defined in 
UMRA. The bill would benefit public institutions of higher 
education and state and local governments by authorizing grants 
for various projects to enhance energy efficiency and mitigate 
environmental impacts. Any costs those entities would incur to 
comply with conditions of federal assistance would be incurred 
voluntarily.
    Previous CBO estimates: CBO has transmitted several cost 
estimates for legislation that contain certain similar 
provisions to those in H.R. 2701.
    On June 11, 2007, CBO transmitted a cost estimate for S. 
1321, the Energy Savings Act of 2007, as ordered reported by 
the Senate Committee on Energy and Natural Resources on May 7, 
2007. That bill contained a provision similar to the one in 
H.R. 2701 that would require federal agencies to increase their 
consumption of renewable electricity generated from facilities 
brought into service after 1998. CBO estimated that those 
provisions would cost $10 million in 2008 and $150 million over 
the 2008-2012 period. The differences in the bills' estimated 
costs are reflected in their different requirements.
    On February 12, 2007, and June 11, 2007, CBO transmitted 
cost estimates for H.R. 798, an act to direct the Administrator 
of General Services to install a photovoltaic system for the 
headquarters building of the Department of Energy, as ordered 
reported by the House Committee on Transportation and 
Infrastructure and the Senate Committee on the Environment and 
Public Works, respectively. The provisions in H.R. 2701 
addressing the installation of a photovoltaic system are 
identical to those in both versions of H.R. 798.
    On February 12, 2007, CBO transmitted a cost estimate for 
H.R. 802, the Maritime Pollution Prevention Act of 2007, as 
ordered reported by the House Committee on Transportation and 
Infrastructure on February 7, 2007. Subtitle B of title IV of 
H.R. 2701 is similar in scope and content to the provisions of 
H.R. 802, and CBO estimates that the costs to implement the 
provisions would be the same.
    Estimate prepared by: Federal spending: Aviation and energy 
programs: Megan Carroll; FEMA programs: Daniel Hoople; Water 
resources programs: Tyler Kruzich; Public buildings: Matthew 
Pickford; Maritime transportation programs: Deborah Reis; 
Surface transportation programs: Sarah Puro; Federal revenues: 
Emily Schlect; Impact on state, local, and tribal governments: 
Elizabeth Cove; Impact on the private sector: Jacob Kuipers.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                     Compliance With House Rule XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, H.R. 2701, as amended, does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI 
of the Rules of the House of Representatives.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. TheCommittee on 
Transportation and Infrastructure finds that Congress has the authority 
to enact this measure pursuant to its powers granted under article I, 
section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 2701, as amended, 
does not preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *



SUBTITLE I--DEPARTMENT OF TRANSPORTATION

           *       *       *       *       *       *       *


CHAPTER 1--ORGANIZATION

           *       *       *       *       *       *       *



Sec. 102. Department of Transportation

  (a) * * *

           *       *       *       *       *       *       *

  (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.
  [(g)] (h) The Department shall have a seal that shall be 
judicially recognized.

           *       *       *       *       *       *       *


                       SUBTITLE V--RAIL PROGRAMS

                             PART A--SAFETY

Chapter                                                             Sec.
      GENERAL......................................................20101
     * * * * * * *

                           PART B--ASSISTANCE

     * * * * * * *
      LIGHT DENSITY RAIL LINE PILOT PROJECTS......................22301]
      CAPITAL GRANTS FOR RAILROAD TRACK............................22301
     * * * * * * *

                          PART E--MISCELLANEOUS

     * * * * * * *
28501OMMUTER RAIL TRANSIT ENHANCEMENT.................................

           *       *       *       *       *       *       *


PART B--ASSISTANCE

           *       *       *       *       *       *       *


          [CHAPTER 223--LIGHT DENSITY RAIL LINE PILOT PROJECTS

[Sec.
[22301.  Light density rail line pilot projects.

[Sec. 22301. Light density rail line pilot projects

  [(a) Grants.--The Secretary of Transportation may make grants 
to States that have State rail plans described in section 
22102(1) and (2), to fund pilot projects that demonstrate the 
relationship of light density railroad services to the 
statutory responsibilities of the Secretary, including those 
under title 23.
  [(b) Limitations.--Grants under this section may be made only 
for pilot projects for making capital improvements to, and 
rehabilitating, publicly and privately owned rail line 
structures, and may not be used for providing operating 
assistance.
  [(c) Private Owner Contributions.--Grants made under this 
section for projects on privately owned rail line structures 
shall include contributions by the owner of the rail line 
structures, based on the benefit to those structures, as 
determined by the Secretary.
  [(d) Study.--The Secretary shall conduct a study of the pilot 
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, 2003, the Secretary shall report to Congress any 
recommendations the Secretary considers appropriate regarding 
the eligibility of light density rail networks for Federal 
infrastructure financing.
  [(e) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary to carry out this section 
$17,500,000 for each of the fiscal years 1998, 1999, 2000, 
2001, 2002, and 2003. Such funds shall remain available until 
expended.]

             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.

           *       *       *       *       *       *       *


PART E--MISCELLANEOUS

           *       *       *       *       *       *       *


             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.

           *       *       *       *       *       *       *


SUBTITLE VII--AVIATION PROGRAMS

           *       *       *       *       *       *       *


PART B--AIRPORT DEVELOPMENT AND NOISE

           *       *       *       *       *       *       *


                           CHAPTER 475--NOISE

                      SUBCHAPTER I--NOISE ABATEMENT

Sec.
47501.  Definitions.
     * * * * * * *
47511.  CLEEN engine and airframe technology partnership.

           *       *       *       *       *       *       *


SUBCHAPTER I--NOISE ABATEMENT

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *

                              ----------                              


TITLE 23, UNITED STATES CODE

           *       *       *       *       *       *       *


CHAPTER 1--FEDERAL-AID HIGHWAYS

           *       *       *       *       *       *       *


SUBCHAPTER I--REPEALED

           *       *       *       *       *       *       *


Sec. 120. Federal share payable

  (a) * * *

           *       *       *       *       *       *       *

  (c) Increased Federal Share [for Certain Safety Projects].--
          (1) Certain safety projects.--The Federal share 
        payable on account of any project for traffic control 
        signalization, traffic circles (also known as 
        ``roundabouts''), safety rest areas, pavement marking, 
        commuter carpooling and vanpooling, rail-highway 
        crossing closure, or installation of traffic signs, 
        traffic lights, guardrails, impact attenuators, 
        concrete barrier endtreatments, breakaway utility 
        poles, or priority control systems for emergency 
        vehicles or transit vehicles at signalized 
        intersections may amount to 100 percent of the cost of 
        construction of such projects; except that not more 
        than 10 percent of all sums apportioned for all the 
        Federal-aid systems for any fiscal year in accordance 
        with section 104 of this title shall be used under this 
        subsection. In this subsection, the term ``safety rest 
        area'' means an area where motor vehicle operators can 
        park their vehicles and rest, where food, fuel, and 
        lodging services are not available, and that is located 
        on a segment of highway with respect to which the 
        Secretary determines there is a shortage of public and 
        private areas at which motor vehicle operators can park 
        their vehicles and rest.
          (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.

           *       *       *       *       *       *       *

                              ----------                              


TITLE 46, UNITED STATES CODE

           *       *       *       *       *       *       *


                      Subtitle V--Merchant Marine

                            Part A--General

Chapter                                                             Sec.
      Policy, Studies, and Reports.................................50101
     * * * * * * *

                      Part D--Promotional Programs

     * * * * * * *
55601hort Sea Transportation..........................................

           *       *       *       *       *       *       *


Part C--Financial Assistance Programs

           *       *       *       *       *       *       *


CHAPTER 535--CAPITAL CONSTRUCTION FUNDS

           *       *       *       *       *       *       *


Sec. 53501. Definitions

   In this chapter:
          (1) * * *

           *       *       *       *       *       *       *

          (5) Qualified vessel.--The term ``qualified vessel'' 
        means--
                  (A) a vessel--
                          (i) * * *

           *       *       *       *       *       *       *

                          (iii) agreed, between the Secretary 
                        and the person maintaining the capital 
                        construction fund established under 
                        section 53503 of this title, to be 
                        operated in the United States foreign, 
                        Great Lakes, [or noncontiguous 
                        domestic] noncontiguous domestic, or 
                        short sea transportation trade trade or 
                        in the fisheries of the United States; 
                        and

           *       *       *       *       *       *       *

          (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.

           *       *       *       *       *       *       *


Sec. 53503. Establishing a capital construction fund

  (a) * * *
  (b) Allowable Purpose.--The purpose of the agreement shall be 
to provide replacement vessels, additional vessels, or 
reconstructed vessels, built in the United States and 
documented under the laws of the United States, for operation 
in the United States foreign, Great Lakes, [or noncontiguous 
domestic trade] noncontiguous domestic, or short sea 
transportation trade or in the fisheries of the United States.

           *       *       *       *       *       *       *


Part D--Promotional Programs

           *       *       *       *       *       *       *


                 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.
                              ----------                              


ACT TO PREVENT POLLUTION FROM SHIPS

           *       *       *       *       *       *       *


  Sec. 2. (a) Unless the context indicates otherwise, as used 
in this Act--
          (1) ``Administrator'' means the Administrator of the 
        Environmental Protection Agency.
          [(1)] (2) ``Antarctica'' means the area south of 60 
        degrees south latitude;
          [(2)] (3) ``Antarctic Protocol'' means the Protocol 
        on Environmental Protection to the Antarctic Treaty, 
        signed October 4, 1991, in Madrid, and all annexes 
        thereto, and includes any future amendments thereto 
        which have entered into force;
          [(3)] (4) ``MARPOL Protocol'' means the Protocol of 
        1978 relating to the International Convention for the 
        Prevention of Pollution from Ships, 1973, and includes 
        the Convention;
          [(4)] (5) ``Convention'' means the International 
        Convention for the Prevention of Pollution from Ships, 
        1973, including Protocols I and II and Annexes I, II, 
        [and V] V, and VI thereto, including any modification 
        or amendments to the Convention, Protocols or Annexes 
        which have entered into force for the United States;
          [(5)] (6) [``discharge'' and ``garbage'' and 
        ``harmful substance'' and ``incident''] ``discharge'', 
        ``emission'', ``garbage'', ``harmful substance'', and 
        ``incident'' shall have the meanings provided in the 
        Convention;
          (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;
          [(6)] (8) ``owner'' means any person holding title 
        to, or in the absence of title, any other indicia of 
        ownership of, a ship or terminal, but does not include 
        a person who, without participating in the management 
        or operation of a ship or terminal, holds indicia of 
        ownership primarily to protect a security interest in 
        the ship or terminal;
          [(7)] (9) ``operator'' means--
                  (a) * * *

           *       *       *       *       *       *       *

          [(8)] (10) ``person'' means an individual, firm, 
        public or private corporation, partnership, 
        association, State, municipality, commission, political 
        subdivision of a State, or any interstate body;
          [(9)] (11) ``Secretary'' means the Secretary of the 
        department in which the Coast Guard is operating;
          [(10)] (12) ``ship'' means a vessel of any type 
        whatsoever, including hydrofoils, air-cushion vehicles, 
        submersibles, floating craft whether self-propelled or 
        not, and fixed or floating platforms;
          [(11)] (13) ``submersible'' means a submarine, or any 
        other vessel designed to operate under water; and
          [(12)] (14) ``terminal'' means an onshore facility or 
        an offshore structure located in the navigable waters 
        of the United States or subject to the jurisdiction of 
        the United States and used, or intended to be used, as 
        a port or facility for the transfer or other handling 
        of a harmful substance.
  Sec. 3. (a) This Act shall apply--
  (1) * * *

           *       *       *       *       *       *       *

  (3) with respect to the requirements of Annex V to the 
Convention, to a ship, other than a ship referred to in 
paragraph (1), while in the navigable waters or the exclusive 
economic zone of the United States; [and]
  (4) with respect to regulations prescribed under section 6 of 
this Act, any port or terminal in the United States[.]; and
  (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.
  (b)(1) Except as provided in [paragraph (2)] paragraphs (2) 
and (3), this Act shall not apply to--
          (A) a warship, naval auxiliary, or other ship owned 
        or operated by the United States when engaged in 
        noncommercial service; or
          (B) any other ship specifically excluded by the 
        MARPOL Protocol or the Antarctic Protocol.

           *       *       *       *       *       *       *

  (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.
  (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.
  [(c)] (d) Discharges in Special Areas.--(1) * * *

           *       *       *       *       *       *       *

  [(d)] (e) The Secretary or the Administrator, consistent with 
section 4 of this Act, shall prescribe regulations applicable 
to the ships of a country not a party to the MARPOL [Protocol, 
including regulations conforming to and giving effect to the 
requirements of Annex V] Protocol (or the applicable Annex), 
including regulations conforming to and giving effect to the 
requirements of Annex V and Annex VI as they apply under 
subsection (a) [of section 3] of this section, to ensure that 
their treatment is not more favorable than that accorded ships 
to parties to the MARPOL Protocol.
  [(e)] (f) Compliance by Excluded Vessels.--(1) * * *

           *       *       *       *       *       *       *

  [(f)] (g) Waiver Authority.--The President may waive the 
effective dates of the requirements set forth in subsection (c) 
of this section and in subsection 1003(e) of the National 
Defense Authorization Act for Fiscal Year 1994 if the President 
determines it to be in the paramount interest of the United 
States to do so. Any such waiver shall be for a period not in 
excess of one year. The President shall submit to the Congress 
each January a report on all waivers from the requirements of 
this section granted during the preceding calendar year, 
together with the reasons for granting such waivers.
  [(g)] (h) The heads of Federal departments and agencies shall 
prescribe standards applicable to ships excluded from this Act 
by subsection (b)(1) of this section and for which they are 
responsible. Standards prescribed under this subsection shall 
ensure, so far as is reasonable and practicable without 
impairing the operations or operational capabilities of such 
ships, that such ships act in a manner consistent with the 
MARPOL Protocol.
  Sec. 4. (a) * * *
  (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.
  [(b)] (c)(1) * * *
  (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.
  [(2)] (4) The Secretary of the department in which the Coast 
Guard is operating shall--
          (A) * * *

           *       *       *       *       *       *       *

  (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.
  [(c)] (d) The Secretary may utilize by agreement, with or 
without reimbursement, personnel, facilities, or equipment of 
other Federal departments and agencies in administering the 
MARPOL Protocol, this Act, or the regulations thereunder.
  Sec. 5. (a) [The Secretary] Except as provided in section 
4(b)(1), the Secretary shall designate those persons authorized 
to issue on behalf of the United States the certificates 
required by the MARPOL Protocol. A certificate required by the 
MARPOL Protocol shall not be issued to a ship which is 
registered in or of the nationality of a country which is not a 
party to the MARPOL Protocol.
  (b) A certificate issued by a country which is a party to the 
MARPOL Protocol has the same validity as a certificate issued 
by the [Secretary under the authority of the MARPOL Protocol.] 
Secretary or the Administrator under the authority of this Act.

           *       *       *       *       *       *       *

  (e) In addition to the penalties prescribed in section 9 of 
the Act, a ship required by the MARPOL Protocol to have a 
certificate--
          (1) which does not have a valid certificate onboard; 
        or
          (2) whose condition or whose equipment's condition 
        does not substantially agree with the particulars of 
        the certificate onboard;
shall be detained by order of the Secretary at the port or 
terminal where the violation is discovered until, in the 
opinion of the Secretary, the ship can proceed to sea without 
presenting an unreasonable threat of harm to the marine 
[environment.] environment or the public health and welfare. 
The detention order may authorize the ship to proceed to the 
nearest appropriate available shipyard rather than remaining at 
the place where the violation was discovered.

           *       *       *       *       *       *       *

  Sec. 6. (a)(1) * * *

           *       *       *       *       *       *       *

  (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.
  (b) In determining the adequacy of reception facilities 
required by the MARPOL Protocol or the Antarctic Protocol at a 
port or terminal, and in establishing regulations under 
subsection (a) of this section, the Secretary or the 
Administrator may consider, among other things, the number and 
types of ships or seagoing ships using the port or terminal, 
including their principal trades.

           *       *       *       *       *       *       *

  (e)(1) * * *
  [(2) The Secretary may deny the entry of a ship to a port or 
terminal required by regulations issued under this section to 
provide adequate reception facilities for garbage if the port 
or terminal is not in compliance with those regulations.]
  (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.
  (f)(1) The [Secretary is] Secretary and the Administrator are 
authorized to conduct surveys of existing reception facilities 
in the United States to determine measures needed to comply 
with the MARPOL Protocol or the Antarctic Protocol.
  (2)[(A)] Not later than 18 months after the date of enactment 
of the Coast Guard Authorization Act of 1996, the Secretary 
shall promulgate regulations that require the operator of each 
port or terminal that is subject to any requirement of the 
MARPOL Protocol relating to reception facilities to post a 
placard in a location that can easily be seen by port and 
terminal users. The placard shall state, at a minimum, that a 
user of a reception facility of the port or terminal should 
report to the Secretary any inadequacy of the reception 
facility.

           *       *       *       *       *       *       *

  Sec. 8. (a) * * *

           *       *       *       *       *       *       *

  [(f) Remedies and requirements of this Act supplement and 
neither amend nor repeal any other provisions of law, except as 
expressly provided in this Act. Nothing in this Act shall 
limit, deny, amend, modify, or repeal any other remedy 
available to the United States or any other person, except as 
expressly provided in this Act.]
  (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. 9. (a) A person who knowingly violates the MARPOL 
[Protocol,] Protocol, Annex IV to the Antarctic Protocol, This 
Act, or the regulations issued thereunder commits a class D 
felony. In the discretion of the Court, an amount equal to not 
more than \1/2\ of such fine may be paid to the person giving 
information leading to conviction.
  (b) A person who is found by the Secretary, or the 
Administrator as provided for in this Act, after notice and an 
opportunity for a hearing, to have--
          (1) violated the MARPOL [Protocol,,] Protocol, Annex 
        IV to the Antarctic Protocol, this Act, or the 
        regulations issued thereunder shall be liable to the 
        United States for a civil penalty, not to exceed 
        $25,000 for each violation; or
          (2) made a false, fictitious, or fraudulent statement 
        or representation in any matter in which a statement or 
        representation is required to be made to the Secretary, 
        or the Administrator as provided for in this Act, under 
        the MARPOL [Protocol,,] Protocol, Annex IV to the 
        Antarctic Protocol, this Act, or the regulations 
        thereunder, shall be liable to the United States for a 
        civil penalty, not to exceed $5,000 for each statement 
        or representation.
Each day of a continuing violation shall constitute a separate 
violation. The amount of the civil penalty shall be assessed by 
the Secretary, or the Administrator as provided for in this 
Act, or his designee, by written notice. In determining the 
amount of the penalty, the Secretary, or the Administrator as 
provided for in this Act, shall take into account the nature, 
circumstances, extent, and gravity of the prohibited acts 
committed and, with respect to the violator, the degree of 
culpability, any history of prior offenses, ability to pay, and 
other matters as justice may require. An amount equal to not 
more than \1/2\ of such penalties may be paid by the Secretary, 
or the Administrator as provided for in this Act, to the person 
giving information leading to the assessment of such penalties.
  (c) The Secretary, or the Administrator as provided for in 
this Act, may compromise, modify, or remit, with or without 
conditions, any civil penalty which is subject to assessment or 
which has been assessed under this section. If any person fails 
to pay an assessment of a civil penalty after it has become 
final, the Secretary, or the Administrator as provided for in 
this Act, may refer the matter to the Attorney General of the 
United States for collection in any appropriate district court 
of the United States.
  (d) A ship operated in violation of the MARPOL [Protocol,,] 
Protocol, Annex IV to the Antarctic Protocol, this Act, or the 
regulations thereunder is liable in rem for any fine imposed 
under subsection (a) or civil penalty assessed pursuant to 
subsection (b), and may be proceeded against in the United 
States district court of any district in which the ship may be 
found.
  (e) If any ship subject to the MARPOL Protocol, Annex IV to 
the Antarctic Protocol, or this Act, its owner, operator, or 
person in charge is liable for a fine or civil penalty under 
this section, or if reasonable cause exists to believe that the 
ship, its owner, operator, or person in charge may be subject 
to a fine or civil penalty under this section, the Secretary of 
the Treasury, upon the request of the Secretary, shall refuse 
or revoke the clearance required by section 4197 of the Revised 
Statutes of the United States (46 U.S.C. App. 91). Clearance 
may be granted upon the filing of a bond or other surety 
satisfactory to the Secretary.
  (f) Notwithstanding subsection (a), (b), or (d) of this 
section, if the violation is by a ship registered in or of the 
nationality of a country party to the MARPOL Protocol or the 
Antarctic Protocol, or one operated under the authority of a 
country party to the MARPOL Protocol or the Antarctic Protocol, 
the Secretary, or the Administrator as provided for in this 
Act, acting in coordination with the Secretary of State, may 
refer the matter to the government of the country of the ship's 
registry or nationality, or under whose authority the ship is 
operating for appropriate action, rather than taking the 
actions required or authorized by this section.
  Sec. 10. (a) * * *
  (b) A proposed amendment to Annex I, II, or V to the 
Convention, appendices to those Annexes, or Protocol I of the 
Convention received by the United States from the Secretary-
General of the International Maritime Organization pursuant to 
Article VI of the MARPOL Protocol, may be the subject of 
appropriate action on behalf of the United States by the 
Secretary of State following consultation with the Secretary, 
or the Administrator as provided for in this Act, who shall 
inform the Secretary of State as to what action he considers 
appropriate at least 30 days prior to the expiration of the 
period specified in Article VI of the MARPOL Protocol during 
which objection may be made to any amendment received.

           *       *       *       *       *       *       *

  [Sec. 15. Nothing in this Act shall be construed as limiting, 
diminishing, or otherwise restricting any of the authority of 
the Secretary under the Port and Tanker Safety Act of 1978 
(Public Law 95-474).]

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 40, UNITED STATES CODE

           *       *       *       *       *       *       *


SUBTITLE II--PUBLIC BUILDINGS AND WORKS

           *       *       *       *       *       *       *


         CHAPTER 33--ACQUISITION, CONSTRUCTION, AND ALTERATION

Sec.
3301.  Definitions and nonapplication.
     * * * * * * *
[3313.  Delegation.
[3314.  Report to Congress.
[3315.  Certain authority not affected.]
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.

           *       *       *       *       *       *       *


Sec. 3307. Congressional approval of proposed projects

  (a) * * *
  (b) Transmission to Congress of Prospectus of Proposed 
Project.--To secure consideration for the approval referred to 
in subsection (a), the Administrator of General Services shall 
transmit to Congress a prospectus of the proposed facility, 
including--
          (1) * * *

           *       *       *       *       *       *       *

          (5) a statement by the Administrator of the economic 
        and other justifications for not acquiring a building 
        identified to the Administrator under section 3303(c) 
        of this title as suitable for the public building needs 
        of the Government; [and]
          (6) a statement of rents and other housing costs 
        currently being paid by the Government for federal 
        agencies to be housed in the building to be 
        constructed, altered, or acquired, or the space to be 
        leased[.]; and
          (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.

           *       *       *       *       *       *       *

  (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.
  [(f)] (g) Limitation on Leasing Certain Space.--
          (1) * * *

           *       *       *       *       *       *       *

  [(g)] (h) Dollar Amount Adjustment.--The Administrator 
annually may adjust any dollar amount referred to in this 
section to reflect a percentage increase or decrease in 
construction costs during the prior calendar year, as 
determined by the composite index of construction costs of the 
Department of Commerce. Any adjustment shall be expeditiously 
reported to the Committee on Environment and Public Works of 
the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives.

           *       *       *       *       *       *       *


Sec. 3310. Special rules for leased buildings

  For any building to be constructed for lease to, and for 
predominant use by, the Federal Government, the Administrator 
of General Services--
          (1) * * *

           *       *       *       *       *       *       *

          (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;
          [(3)] (4) shall inspect every building during 
        construction to establish that the specifications 
        established for the building are complied with;
          [(4)] (5) on completion of the building, shall 
        evaluate the building to determine the extent of 
        failure to comply with the specifications referred to 
        in clause (1); and
          [(5)] (6) shall ensure that any contract entered into 
        for the building shall contain provisions permitting a 
        reduction of rent during any period when the building 
        is not in compliance with the specifications.

           *       *       *       *       *       *       *


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.

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.

Sec. [3313] 3315. Delegation

  (a) * * *

           *       *       *       *       *       *       *


Sec. [3314] 3316. Report to Congress

  (a) * * *

           *       *       *       *       *       *       *


Sec. [3315] 3317. Certain authority not affected

  This chapter does not limit or repeal the authority conferred 
by law on the United States Postal Service.

           *       *       *       *       *       *       *

                              ----------                              


NATIONAL ENERGY CONSERVATION POLICY ACT

           *       *       *       *       *       *       *


TITLE V--FEDERAL ENERGY INITIATIVE

           *       *       *       *       *       *       *


PART 3--FEDERAL ENERGY MANAGEMENT

           *       *       *       *       *       *       *


SEC. 544. ESTABLISHMENT AND USE OF LIFE CYCLE COST METHODS AND 
                    PROCEDURES.

  (a) Establishment of Life Cycle Cost Methods and 
Procedures.--The Secretary, in consultation with the Director 
of the Office of Management and Budget, the Secretary of 
Defense, the Director of the National Institute of Standards 
and Technology, and the Administrator of the General Services 
Administration, shall--
          (1) establish practical and effective present value 
        methods for estimating and comparing life cycle costs 
        for Federal buildings, using the sum of all capital and 
        operating expenses associated with the energy system of 
        the building involved over the expected life of such 
        system or during a period of [25] 40 years, whichever 
        is shorter, and using average fuel costs and a discount 
        rate determined by the Secretary; and

           *       *       *       *       *       *       *


                             MINORITY VIEWS

    Although this legislation was originally marked up in 
Committee to attach to a larger energy package, H.R. 2701 did 
absolutely nothing to contribute to our nation's energy 
production.

               ELIGIBILITY FOR CONGESTION RELIEF PROJECTS

    An amendment was offered and rejected that would have 
allowed States to use their Congestion. Mitigation and Air 
Quality program funds for projects designed to relieve 
congestion, including the construction of new highway capacity 
if the project can be demonstrated to reduce fuel consumption 
or lead to attainment of air quality standards. Currently the 
Congestion Mitigation and Air Quality (CMAQ) program can not 
fund projects that construct additional highway capacity unless 
those new highway lanes are reserved for High Occupancy 
Vehicles (HOV).
    The CMAQ program as it is currently written is one of the 
most under utilized Federal highway programs because the 
restrictive nature of the program makes it very unattractive to 
State Departments of Transportation. Over the last ten years 
$2.2 billion in CMAQ funding has gone unobligated by State 
DOTs. The unattractive nature of the program is also evidenced 
in how State DOTs have applied rescissions of highway contract 
authority. States have chosen to take 20 percent of their 
required rescissions in contract authority from the CMAQ 
program despite the fact that the program only represents 4 
percent of all highway funding.
    This amendment would have made the CMAQ program a more 
attractive source of funding because it would have expanded 
eligibility to include the construction of additional highway 
capacity. However, the Majority refused to accept this 
amendment even though the funding could only be used on 
projects that would reduce fuel consumption or improve air 
quality.

     PERMIT STREAMLINING FOR HAZARDOUS LIQUID AND BIOFUEL PIPELINES

    An amendment was offered and defeated that would have 
streamlined the permitting process for the construction of new 
pipelines and for the repair of damaged pipelines. The 
amendment was consistent with applicable statutory and 
regulatory requirements under the National Environmental 
Protection Act and under the Endangered Species Act.
    The amendment would have created a Chief Environmental 
Permit Officer at the Department of Transportation. The Chief 
Environmental Permit Officer would serve as a liaison between 
government permitting officials and the pipeline operators 
during the government review of pipeline repair and 
construction projects to expedite the process while maintaining 
the protection of human health, public safety and the 
environment.
    A key obstacle for the transition to alternative fuels such 
as ethanol is the need for more capacity for the safe 
transportation of these fuels by pipeline. However, to 
construct a new pipeline the pipeline operator must go through 
an environmental permitting and authorization process that is 
lengthy and expensive. This complicated and lengthy process 
discourages private pipeline operators from investing in the 
infrastructure necessary to deliver these alternative fuels to 
market.
    This amendment also streamlined the process by which 
pipeline operators obtain permits to repair damaged pipelines. 
The existing permitting process for repairs to pipelines is 
unnecessarily slow and repetitive. While a pipeline operator 
waits for approval to make repairs to a damaged pipeline there 
is a greater risk of the pipeline failing and polluting our 
streams and watersheds and watersheds with hazardous liquids.
    The flaws with the existing permitting process are 
demonstrated with the rupture of a pipeline near Sacramento 
California in 2004. In August 2003 the pipeline operator 
detected a weakness in the pipeline and immediately began the 
permitting process which took 10 months and involved 5 
different environmental agencies. Unfortunately in April 2004, 
while the company waited for the repair permit to be issued the 
pipeline ruptured and released over 80,000 gallons of diesel 
fuel into a marsh. This spill would not have happened had the 
pipeline operator been able to proceed with repairs in a timely 
manner.

                               HYDROPOWER

    The Majority also refused to accept an amendment focused on 
the tremendous benefit to our environment and economy provided 
by the hydropower system in the United States and the river 
transportation system made possible through its existence.
    The contribution of hydropower to our domestic energy needs 
is significant as is its potential. The annual hydropower 
electricity produced in the United States equals the energy 
produced from 200 million barrels of oil. A recent Department 
of Energy study concluded that 33 states could increase their 
hydropower generation by 100% or more and 41 states could 
realize increases of more than 50%.
    The environmental benefit of hydropower is unquestionable, 
and the replacement forms of energy are costly in many terms. 
Hydropower turbines convert more than 90% of available energy 
into electricity. Hydropower produces zero greenhouse gas 
emissions. The National Hydropower Association documents 
indicate that in 2004, more than 160 million tons of carbon 
emissions were avoided in the U.S. when 268 million 
megawatthours of hydroelectricity were generated. Nationally, 
hydropower production offsets more carbon emissions than all 
the other renewable energy resources combined.
    In addition to the clean energy hydropower produces, the 
navigable waterways used for commercial shipping and transport 
made possible by the hydropower systems are essential, as is 
the need to lock systems that keep these waterways viable. In 
shipping terms, it would take 870 tractor trailers to carry 
what one 15-barge tow on our navigable waterways can carry. One 
barge alone removes 58 tractor trailers from our already-
crowded roads and highways. The tugboat, towboat, and barge 
industry use the waterways to move 15 percent of the nation's 
freight for only 2 percent of the total freight bill.
    The amendment rejected by the Majority instructed the Corps 
of Engineers to study hydropower impacts in a more robust 
manner than the underlying bill. The underlying bill only asked 
the Corps to review existing hydropower facilities, neglecting 
America's energy needs by avoiding action. To merely look at 
existing sites misses the point, since the United States must 
also review proposals to construct new hydropower facilities.
                                                      John L. Mica.

                                  
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