In the nature of a substitute.

TEXT OF AMENDMENTS

SA 1500. Mr. PRYOR submitted an amendment intended to be proposed by
him to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:

On page 152, strike line 24 and insert the following:
``under subsection (a)(1).
``(g) Use of Energy and Water Efficiency Measures in
Federal Buildings.--
``(1) Energy and water evaluations.--Not later than 1 year
after the date of enactment of this subsection, and every 3
years thereafter, each Federal agency shall complete a
comprehensive energy and water evaluation for--
``(A) each building and other facility of the Federal
agency that is larger than a minimum size established by the
Secretary; and
``(B) any other building or other facility of the Federal
agency that meets any other criteria established by the
Secretary.
``(2) Implementation of identified energy and water
efficiency measures.--
``(A) In general.--Not later than 2 years after the date of
enactment of this subsection, and every 3 years thereafter,
each Federal agency--
``(i) shall fully implement each energy and water-saving
measure that the Federal agency identified in the evaluation
conducted under paragraph (1) that has a 15-year simple
payback period; and
``(ii) may implement any energy or water-saving measure
that the Federal agency identified in the evaluation
conducted under paragraph (1) that has longer than a 15-year
simple payback period.
``(B) Payback period.--
``(i) In general.--For the purpose of subparagraph (A), a
measure shall be considered to have a 15-year simple payback
if the quotient obtained under clause (ii) is less than or
equal to 15.
``(ii) Quotient.--The quotient for a measure shall be
obtained by dividing--

``(I) the estimated initial implementation cost of the
measure (other than financing costs); by
``(II) the annual cost savings from the measure.

``(C) Cost savings.--For the purpose of subparagraph (B),
cost savings shall include net savings in estimated--
``(i) energy and water costs;
``(ii) operations, maintenance, repair, replacement, and
other direct costs; and
``(iii) external environmental, health, security, and other
costs based on a cost adder, as determined in accordance with
the guidelines issued by the Secretary under paragraph (4).
``(D) Exceptions.--The Secretary may modify or make
exceptions to the calculation of a 15-year simple payback
under this paragraph in the guidelines issued by the
Secretary under paragraph (4).
``(3) Follow-up on implemented measures.--For each measure
implemented under paragraph (2), each Federal agency shall
carry out--
``(A) commissioning;
``(B) operations, maintenance, and repair; and
``(C) measurement and verification of energy and water
savings.
``(4) Guidelines.--
``(A) In general.--The Secretary shall issue guidelines and
necessary criteria that each Federal agency shall follow for
implementation of--
``(i) paragraph (1) not later than 90 days after the date
of enactment of this subsection; and
``(ii) paragraphs (2) and (3) not later than 180 days after
the date of enactment of this subsection.
``(B) Relationship to funding source.--The guidelines
issued by the Secretary under subparagraph (A) shall be
appropriate and uniform for measures funded with each type of
funding made available under paragraph (8).
``(5) Web-based certification.--
``(A) In general.--For each building and other facility
that meets the criteria established by the Secretary under
paragraph (1), each Federal agency shall use a web-based
tracking system to certify compliance with the requirements
for--
``(i) energy and water evaluations under paragraph (1);
``(ii) implementation of identified energy and water
measures under paragraph (2); and
``(iii) follow-up on implemented measures under paragraph
(3).
``(B) Deployment.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall deploy the
web-based tracking system required under this paragraph in a
manner that tracks, at a minimum--
``(i) the covered buildings and other facilities;
``(ii) the status of evaluations;
``(iii) the identified measures, with estimated costs and
savings;
``(iv) the status of implementing the measures;
``(v) the measured savings; and
``(vi) the persistence of savings.
``(C) Availability.--
``(i) In general.--Subject to clause (ii), the Secretary
shall make the web-based tracking system required under this
paragraph available to Congress, other Federal agencies, and
the public through the Internet.
``(ii) Exemptions.--At the request of a Federal agency, the
Secretary may exempt specific data for specific buildings
from disclosure under clause (i) for national security
purposes.
``(6) Benchmarking of federal facilities.--
``(A) In general.--Each Federal agency shall enter energy
use data for each building and other facility of the Federal
agency into a building energy use benchmarking system, such
as the Energy Star Portfolio Manager.
``(B) System and guidance.--Not later than 1 year after the
date of enactment of this subsection, the Secretary shall--
``(i) select or develop the building energy use
benchmarking system required under this paragraph for each
type of building; and
``(ii) issue guidance for use of the system.
``(7) Federal agency scorecards.--
``(A) In general.--The Director of the Office of Management
and Budget shall issue quarterly scorecards for energy
management activities carried out by each Federal agency that
includes--
``(i) summaries of the status of--

``(I) energy and water evaluations under paragraph (1);
``(II) implementation of identified energy and water
measures under paragraph (2); and

[[Page S7460]]

``(III) follow-up on implemented measures under paragraph
(3); and

``(ii) any other means of measuring performance that the
Director considers appropriate.
``(B) Availability.--The Director shall make the scorecards
required under this paragraph available to Congress, other
Federal agencies, and the public through the Internet.
``(8) Funding.--
``(A) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.
``(B) Funding options.--
``(i) In general.--To carry out paragraphs (1) through (3),
a Federal agency may use any combination of--

``(I) appropriated funds made available under subparagraph
(A); and
``(II) private financing, including financing available
through energy savings performance contracts or utility
energy savings contracts.

``(ii) Combined funding for same measure.--A Federal agency
may use any combination of appropriated funds and private
financing described in clause (i) to carry out the same
measure under this subsection, with proportional allocation
for any energy and water savings.
``(iii) Lack of appropriated funds.--Since measures may be
carried out using private financing described in clause (i),
a lack of available appropriations shall not be considered a
sufficient reason for the failure of a Federal agency to
comply with paragraphs (1) through (3).''.
______

SA 1501. Mr. PRYOR submitted an amendment intended to be proposed by
him to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:

Beginning on page 146, strike line 22 and all that follows
through page 151, line 14, and insert the following:

SEC. 263. ENERGY SAVINGS PERFORMANCE CONTRACTS.

Section 801 of the National Energy Conservation Policy Act
(42 U.S.C. 8287) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (D), by inserting ``beginning on the
date of the delivery order'' after ``25 years''; and
(B) by adding at the end the following:
``(E) Promotion of contracts.--In carrying out this
section, a Federal agency shall not--
``(i) establish a Federal agency policy that limits the
maximum contract term under subparagraph (D) to a period
shorter than 25 years; or
``(ii) limit the total amount of obligations under energy
savings performance contracts or other private financing of
energy savings measures.
``(F) Measurement and verification requirements for private
financing.--
``(i) In general.--The evaluations and savings measurement
and verification required under paragraphs (1) and (3) of
section 543(f) shall be used by a Federal agency to meet the
requirements for--

``(I) in the case of energy savings performance contracts,
the need for energy audits, calculation of energy savings,
and any other evaluation of costs and savings needed to
implement the guarantee of savings under this section; and
``(II) in the case of utility energy service contracts,
needs that are similar to the purposes described in subclause
(I).

``(ii) Modification of existing contracts.--Not later than
180 days after the date of enactment of this subparagraph,
each Federal agency shall, to the maximum extent practicable,
modify any indefinite delivery and indefinite quantity energy
savings performance contracts, and other indefinite delivery
and indefinite quantity contracts using private financing, to
conform to the amendments made by the Renewable Fuels,
Consumer Protection, and Energy Efficiency Act of 2007.'';
and
(2) by striking subsection (c).
______

SA 1502. Mr. REID submitted an amendment intended to be proposed by
him to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; 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 ``Renewable
Fuels, Consumer Protection, and Energy Efficiency Act of
2007''.
(b) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Relationship to other law.

TITLE I--BIOFUELS FOR ENERGY SECURITY AND TRANSPORTATION

Sec. 101. Short title.
Sec. 102. Definitions.

Subtitle A--Renewable Fuel Standard

Sec. 111. Renewable fuel standard.
Sec. 112. Production of renewable fuel using renewable energy.

Subtitle B--Renewable Fuels Infrastructure

Sec. 121. Infrastructure pilot program for renewable fuels.
Sec. 122. Bioenergy research and development.
Sec. 123. Bioresearch centers for systems biology program.
Sec. 124. Loan guarantees for renewable fuel facilities.
Sec. 125. Grants for renewable fuel production research and development
in certain States.
Sec. 126. Grants for infrastructure for transportation of biomass to
local biorefineries.
Sec. 127. Biorefinery information center.
Sec. 128. Alternative fuel database and materials.
Sec. 129. Fuel tank cap labeling requirement.
Sec. 130. Biodiesel.

Subtitle C--Studies

Sec. 141. Study of advanced biofuels technologies.
Sec. 142. Study of increased consumption of ethanol-blended gasoline
with higher levels of ethanol.
Sec. 143. Pipeline feasibility study.
Sec. 144. Study of optimization of flexible fueled vehicles to use E-85
fuel.
Sec. 145. Study of credits for use of renewable electricity in electric
vehicles.
Sec. 146. Study of engine durability associated with the use of
biodiesel.
Sec. 147. Study of incentives for renewable fuels.
Sec. 148. Study of streamlined lifecycle analysis tools for the
evaluation of renewable carbon content of biofuels.
Sec. 149. Study of the adequacy of railroad transportation of
domestically-produced renewable fuel.
Sec. 150. Study of effects of ethanol-blended gasoline on off road
vehicles.

TITLE II--ENERGY EFFICIENCY PROMOTION

Sec. 201. Short title.
Sec. 202. Definition of Secretary.

Subtitle A--Promoting Advanced Lighting Technologies

Sec. 211. Accelerated procurement of energy efficient lighting.
Sec. 212. Incandescent reflector lamp efficiency standards.
Sec. 213. Bright Tomorrow Lighting Prizes.
Sec. 214. Sense of Senate concerning efficient lighting standards.
Sec. 215. Renewable energy construction grants.

Subtitle B--Expediting New Energy Efficiency Standards

Sec. 221. Definition of energy conservation standard.
Sec. 222. Regional efficiency standards for heating and cooling
products.
Sec. 223. Furnace fan rulemaking.
Sec. 224. Expedited rulemakings.
Sec. 225. Periodic reviews.
Sec. 226. Energy efficiency labeling for consumer products.
Sec. 227. Residential boiler efficiency standards.
Sec. 228. Technical corrections.
Sec. 229. Electric motor efficiency standards.
Sec. 230. Energy standards for home appliances.
Sec. 231. Improved energy efficiency for appliances and buildings in
cold climates.
Sec. 232. Deployment of new technologies for high-efficiency consumer
products.
Sec. 233. Industrial efficiency program.

Subtitle C--Promoting High Efficiency Vehicles, Advanced Batteries, and
Energy Storage

Sec. 241. Lightweight materials research and development.
Sec. 242. Loan guarantees for fuel-efficient automobile parts
manufacturers.
Sec. 243. Advanced technology vehicles manufacturing incentive program.
Sec. 244. Energy storage competitiveness.
Sec. 245. Advanced transportation technology program.

Subtitle D--Setting Energy Efficiency Goals

Sec. 251. National goals for energy savings in transportation.
Sec. 252. National energy efficiency improvement goals.
Sec. 253. National media campaign.
Sec. 254. Modernization of electricity grid system.

Subtitle E--Promoting Federal Leadership in Energy Efficiency and
Renewable Energy

Sec. 261. Federal fleet conservation requirements.
Sec. 262. Federal requirement to purchase electricity generated by
renewable energy.
Sec. 263. Energy savings performance contracts.
Sec. 264. Energy management requirements for Federal buildings.

[[Page S7461]]

Sec. 265. Combined heat and power and district energy installations at
Federal sites.
Sec. 266. Federal building energy efficiency performance standards.
Sec. 267. Application of International Energy Conservation Code to
public and assisted housing.
Sec. 268. Energy efficient commercial buildings initiative.

Subtitle F--Assisting State and Local Governments in Energy Efficiency

Sec. 271. Weatherization assistance for low-income persons.
Sec. 272. State energy conservation plans.
Sec. 273. Utility energy efficiency programs.
Sec. 274. Energy efficiency and demand response program assistance.
Sec. 275. Energy and environmental block grant.
Sec. 276. Energy sustainability and efficiency grants for institutions
of higher education.
Sec. 277. Workforce training.
Sec. 278. Assistance to States to reduce school bus idling.

TITLE III--CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION

Sec. 301. Short title.
Sec. 302. Carbon capture and storage research, development, and
demonstration program.
Sec. 303. Carbon dioxide storage capacity assessment.
Sec. 304. Carbon capture and storage initiative.

TITLE IV--COST-EFFECTIVE AND ENVIRONMENTALLY SUSTAINABLE PUBLIC
BUILDINGS

Subtitle A--Public Buildings Cost Reduction

Sec. 401. Short title.
Sec. 402. Cost-effective technology acceleration program.
Sec. 403. Environmental Protection Agency demonstration grant program
for local governments.
Sec. 404. Definitions.

Subtitle B--Installation of Photovoltaic System at Department of Energy
Headquarters Building

Sec. 411. Installation of photovoltaic system at Department of Energy
headquarters building.

Subtitle C--High-Performance Green Buildings

Sec. 421. Short title.
Sec. 422. Findings and purposes.
Sec. 423. Definitions.

PART I--Office of High-Performance Green Buildings

Sec. 431. Oversight.
Sec. 432. Office of High-Performance Green Buildings.
Sec. 433. Green Building Advisory Committee.
Sec. 434. Public outreach.
Sec. 435. Research and development.
Sec. 436. Budget and life-cycle costing and contracting.
Sec. 437. Authorization of appropriations.

PART II--Healthy High-Performance Schools

Sec. 441. Definition of high-performance school.
Sec. 442. Grants for healthy school environments.
Sec. 443. Model guidelines for siting of school facilities.
Sec. 444. Public outreach.
Sec. 445. Environmental health program.
Sec. 446. Authorization of appropriations.

PART III--Strengthening Federal Leadership

Sec. 451. Incentives.
Sec. 452. Federal procurement.
Sec. 453. Federal green building performance.
Sec. 454. Storm water runoff requirements for Federal development
projects.

PART IV--Demonstration Project

Sec. 461. Coordination of goals.
Sec. 462. Authorization of appropriations.

TITLE V--CORPORATE AVERAGE FUEL ECONOMY STANDARDS

Sec. 501. Short title.
Sec. 502. Average fuel economy standards for automobiles and certain
other vehicles.
Sec. 503. Amending fuel economy standards.
Sec. 504. Definitions.
Sec. 505. Ensuring safety of automobiles.
Sec. 506. Credit trading program.
Sec. 507. Labels for fuel economy and greenhouse gas emissions.
Sec. 508. Continued applicability of existing standards.
Sec. 509. National Academy of Sciences studies.
Sec. 510. Standards for Executive agency automobiles.
Sec. 511. Ensuring availability of flexible fuel automobiles.
Sec. 512. Increasing consumer awareness of flexible fuel automobiles.
Sec. 513. Periodic review of accuracy of fuel economy labeling
procedures.
Sec. 514. Tire fuel efficiency consumer information.
Sec. 515. Advanced Battery Initiative.
Sec. 516. Biodiesel standards.
Sec. 517. Use of civil penalties for research and development.
Sec. 518. Energy Security Fund and alternative fuel grant program.
Sec. 519. Authorization of appropriations.
Sec. 520. Application with Clean Air Act.

TITLE VI--PRICE GOUGING

Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Prohibition on price gouging during energy emergencies.
Sec. 604. Prohibition on market manipulation.
Sec. 605. Prohibition on false information.
Sec. 606. Presidential declaration of energy emergency.
Sec. 607. Enforcement by the Federal Trade Commission.
Sec. 608. Enforcement by State Attorneys General.
Sec. 609. Penalties.
Sec. 610. Effect on other laws.

TITLE VII--ENERGY DIPLOMACY AND SECURITY

Sec. 701. Short title.
Sec. 702. Definitions.
Sec. 703. Sense of Congress on energy diplomacy and security.
Sec. 704. Strategic energy partnerships.
Sec. 705. International energy crisis response mechanisms.
Sec. 706. Hemisphere energy cooperation forum.
Sec. 707. Appropriate congressional committees defined.

SEC. 2. RELATIONSHIP TO OTHER LAW.

Except to the extent expressly provided in this Act or an
amendment made by this Act, nothing in this Act or an
amendment made by this Act supersedes, limits the authority
provided or responsibility conferred by, or authorizes any
violation of any provision of law (including a regulation),
including any energy or environmental law or regulation.

TITLE I--BIOFUELS FOR ENERGY SECURITY AND TRANSPORTATION

SEC. 101. SHORT TITLE.

This title may be cited as the ``Biofuels for Energy
Security and Transportation Act of 2007''.

SEC. 102. DEFINITIONS.

In this title:
(1) Advanced biofuel.--
(A) In general.--The term ``advanced biofuel'' means fuel
derived from renewable biomass other than corn starch.
(B) Inclusions.--The term ``advanced biofuel'' includes--
(i) ethanol derived from cellulose, hemicellulose, or
lignin;
(ii) ethanol derived from sugar or starch, other than
ethanol derived from corn starch;
(iii) ethanol derived from waste material, including crop
residue, other vegetative waste material, animal waste, and
food waste and yard waste;
(iv) diesel-equivalent fuel derived from renewable biomass,
including vegetable oil and animal fat;
(v) biogas produced through the conversion of organic
matter from renewable biomass; and
(vi) butanol or higher alcohols produced through the
conversion of organic matter from renewable biomass.
(2) Cellulosic biomass ethanol.--The term ``cellulosic
biomass ethanol'' means ethanol derived from any cellulose,
hemicellulose, or lignin that is derived from renewable
biomass.
(3) Conventional biofuel.--The term ``conventional
biofuel'' means ethanol derived from corn starch.
(4) Renewable biomass.--The term ``renewable biomass''
means--
(A) biomass (as defined by section 210 of the Energy Policy
Act of 2005 (42 U.S.C. 15855)) (excluding the bole of old-
growth trees of a forest from the late successional state of
forest development) that is harvested where permitted by law
and in accordance with applicable land management plans
from--
(i) National Forest System land; or
(ii) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702)); or
(B) any organic matter that is available on a renewable or
recurring basis from non-Federal land or from land belonging
to an Indian tribe, or an Indian individual, that is held in
trust by the United States or subject to a restriction
against alienation imposed by the United States, including--
(i) renewable plant material, including--

(I) feed grains;
(II) other agricultural commodities;
(III) other plants and trees; and
(IV) algae; and

(ii) waste material, including--

(I) crop residue;
(II) other vegetative waste material (including wood waste
and wood residues);
(III) animal waste and byproducts (including fats, oils,
greases, and manure); and
(IV) food waste and yard waste.

(5) Renewable fuel.--
(A) In general.--The term ``renewable fuel'' means motor
vehicle fuel, boiler fuel, or home heating fuel that is--
(i) produced from renewable biomass; and
(ii) used to replace or reduce the quantity of fossil fuel
present in a fuel or fuel mixture used to operate a motor
vehicle, boiler, or furnace.
(B) Inclusion.--The term ``renewable fuel'' includes--
(i) conventional biofuel; and
(ii) advanced biofuel.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy
(7) Small refinery.--The term ``small refinery'' means a
refinery for which the average aggregate daily crude oil
throughput for a calendar year (as determined by dividing the
aggregate throughput for the calendar year by the number of
days in the calendar year) does not exceed 75,000 barrels.

[[Page S7462]]

Subtitle A--Renewable Fuel Standard

SEC. 111. RENEWABLE FUEL STANDARD.

(a) Renewable Fuel Program.--
(1) Regulations.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the President shall promulgate
regulations to ensure that motor vehicle fuel, home heating
oil, and boiler fuel sold or introduced into commerce in the
United States (except in noncontiguous States or
territories), on an annual average basis, contains the
applicable volume of renewable fuel determined in accordance
with paragraph (2).
(B) Provisions of regulations.--Regardless of the date of
promulgation, the regulations promulgated under subparagraph
(A)--
(i) shall contain compliance provisions applicable to
refineries, blenders, distributors, and importers, as
appropriate, to ensure that--

(I) the requirements of this subsection are met; and
(II) renewable fuels produced from facilities built after
the date of enactment of this Act achieve at least a 20
percent reduction in life cycle greenhouse gas emissions
compared to gasoline; but

(ii) shall not--

(I) restrict geographic areas in the contiguous United
States in which renewable fuel may be used; or
(II) impose any per-gallon obligation for the use of
renewable fuel.

(C) Relationship to other regulations.--Regulations
promulgated under this paragraph shall, to the maximum extent
practicable, incorporate the program structure, compliance,
and reporting requirements established under the final
regulations promulgated to implement the renewable fuel
program established by the amendment made by section
1501(a)(2) of the Energy Policy Act of 2005 (Public Law 109-
58; 119 Stat. 1067).
(2) Applicable volume.--
(A) Calendar years 2008 through 2022.--
(i) Renewable fuel.--For the purpose of paragraph (1),
subject to clause (ii), the applicable volume for any of
calendar years 2008 through 2022 shall be determined in
accordance with the following table:

Applicable volume of renewable fuel
Calendar year:                               (in billions of gallons):
2008.........................................................8.5 ....

2009........................................................10.5 ....

2010........................................................12.0 ....

2011........................................................12.6 ....

2012........................................................13.2 ....

2013........................................................13.8 ....

2014........................................................14.4 ....

2015........................................................15.0 ....

2016........................................................18.0 ....

2017........................................................21.0 ....

2018........................................................24.0 ....

2019........................................................27.0 ....

2020........................................................30.0 ....

2021........................................................33.0 ....

2022........................................................36.0.....

(ii) Advanced biofuels.--For the purpose of paragraph (1),
of the volume of renewable fuel required under clause (i),
the applicable volume for any of calendar years 2016 through
2022 for advanced biofuels shall be determined in accordance
with the following table:

Applicable volume of advanced biofuels
Calendar year:                               (in billions of gallons):
2016.........................................................3.0 ....

2017.........................................................6.0 ....

2018.........................................................9.0 ....

2019........................................................12.0 ....

2020........................................................15.0 ....

2021........................................................18.0 ....

2022........................................................21.0.....

(B) Calendar year 2023 and thereafter.--Subject to
subparagraph (C), for the purposes of paragraph (1), the
applicable volume for calendar year 2023 and each calendar
year thereafter shall be determined by the President, in
coordination with the Secretary of Energy, the Secretary of
Agriculture, and the Administrator of the Environmental
Protection Agency, based on a review of the implementation of
the program during calendar years 2007 through 2022,
including a review of--
(i) the impact of renewable fuels on the energy security of
the United States;
(ii) the expected annual rate of future production of
renewable fuels, including advanced biofuels;
(iii) the impact of renewable fuels on the infrastructure
of the United States, including deliverability of materials,
goods, and products other than renewable fuel, and the
sufficiency of infrastructure to deliver renewable fuel; and
(iv) the impact of the use of renewable fuels on other
factors, including job creation, the price and supply of
agricultural commodities, rural economic development, and the
environment.
(C) Minimum applicable volume.--Subject to subparagraph
(D), for the purpose of paragraph (1), the applicable volume
for calendar year 2023 and each calendar year thereafter
shall be equal to the product obtained by multiplying--
(i) the number of gallons of gasoline that the President
estimates will be sold or introduced into commerce in the
calendar year; and
(ii) the ratio that--

(I) 36,000,000,000 gallons of renewable fuel; bears to
(II) the number of gallons of gasoline sold or introduced
into commerce in calendar year 2022.

(D) Minimum percentage of advanced biofuel.--For the
purpose of paragraph (1) and subparagraph (C), at least 60
percent of the minimum applicable volume for calendar year
2023 and each calendar year thereafter shall be advanced
biofuel.
(b) Applicable Percentages.--
(1) Provision of estimate of volumes of gasoline sales.--
Not later than October 31 of each of calendar years 2008
through 2021, the Administrator of the Energy Information
Administration shall provide to the President an estimate,
with respect to the following calendar year, of the volumes
of gasoline projected to be sold or introduced into commerce
in the United States.
(2) Determination of applicable percentages.--
(A) In general.--Not later than November 30 of each of
calendar years 2008 through 2022, based on the estimate
provided under paragraph (1), the President shall determine
and publish in the Federal Register, with respect to the
following calendar year, the renewable fuel obligation that
ensures that the requirements of subsection (a) are met.
(B) Required elements.--The renewable fuel obligation
determined for a calendar year under subparagraph (A) shall--
(i) be applicable to refineries, blenders, and importers,
as appropriate;
(ii) be expressed in terms of a volume percentage of
gasoline sold or introduced into commerce in the United
States; and
(iii) subject to paragraph (3)(A), consist of a single
applicable percentage that applies to all categories of
persons specified in clause (i).
(3) Adjustments.--In determining the applicable percentage
for a calendar year, the President shall make adjustments--
(A) to prevent the imposition of redundant obligations on
any person specified in paragraph (2)(B)(i); and
(B) to account for the use of renewable fuel during the
previous calendar year by small refineries that are exempt
under subsection (g).
(c) Volume Conversion Factors for Renewable Fuels Based on
Energy Content or Requirements.--
(1) In general.--For the purpose of subsection (a), the
President shall assign values to specific types of advanced
biofuels for the purpose of satisfying the fuel volume
requirements of subsection (a)(2) in accordance with this
subsection.
(2) Energy content relative to ethanol.--For advanced
biofuel, 1 gallon of the advanced biofuel shall be considered
to be the equivalent of 1 gallon of renewable fuel multiplied
by the ratio that--
(A) the number of British thermal units of energy produced
by the combustion of 1 gallon of the advanced biofuel (as
measured under conditions determined by the Secretary); bears
to
(B) the number of British thermal units of energy produced
by the combustion of 1 gallon of pure ethanol (as measured
under conditions determined by the Secretary to be comparable
to conditions described in subparagraph (A)).
(3) Transitional energy-related conversion factors for
cellulosic biomass ethanol.--For any of calendar years 2008
through 2015, 1 gallon of cellulosic biomass ethanol shall be
considered to be the equivalent of 2.5 gallons of renewable
fuel.
(d) Credit Program.--
(1) In general.--The President, in consultation with the
Secretary and the Administrator of the Environmental
Protection Agency, shall implement a credit program to manage
the renewable fuel requirement of this section in a manner
consistent with the credit program established by the
amendment made by section 1501(a)(2) of the Energy Policy Act
of 2005 (Public Law 109-58; 119 Stat. 1067).
(2) Market transparency.--In carrying out the credit
program under this subsection, the President shall facilitate
price transparency in markets for the sale and trade of
credits, with due regard for the public interest, the
integrity of those markets, fair competition, and the
protection of consumers and agricultural producers.
(e) Seasonal Variations in Renewable Fuel Use.--
(1) Study.--For each of calendar years 2008 through 2022,
the Administrator of the Energy Information Administration
shall conduct a study of renewable fuel blending to determine
whether there are excessive seasonal variations in the use of
renewable fuel.
(2) Regulation of excessive seasonal variations.--If, for
any calendar year, the Administrator of the Energy
Information Administration, based on the study under
paragraph (1), makes the determinations specified in
paragraph (3), the President shall promulgate regulations to
ensure that 25 percent or more of the quantity of renewable
fuel necessary to meet the requirements of subsection (a) is
used during each of the 2 periods specified in paragraph (4)
of each subsequent calendar year.
(3) Determinations.--The determinations referred to in
paragraph (2) are that--
(A) less than 25 percent of the quantity of renewable fuel
necessary to meet the requirements of subsection (a) has been
used during 1 of the 2 periods specified in paragraph (4) of
the calendar year;
(B) a pattern of excessive seasonal variation described in
subparagraph (A) will continue in subsequent calendar years;
and
(C) promulgating regulations or other requirements to
impose a 25 percent or more seasonal use of renewable fuels
will not significantly--

[[Page S7463]]

(i) increase the price of motor fuels to the consumer; or
(ii) prevent or interfere with the attainment of national
ambient air quality standards.
(4) Periods.--The 2 periods referred to in this subsection
are--
(A) April through September; and
(B) January through March and October through December.
(f) Waivers.--
(1) In general.--The President, in consultation with the
Secretary of Energy, the Secretary of Agriculture, and the
Administrator of the Environmental Protection Agency, may
waive the requirements of subsection (a) in whole or in part
on petition by one or more States by reducing the national
quantity of renewable fuel required under subsection (a),
based on a determination by the President (after public
notice and opportunity for comment), that--
(A) implementation of the requirement would severely harm
the economy or environment of a State, a region, or the
United States; or
(B) extreme and unusual circumstances exist that prevent
distribution of an adequate supply of domestically-produced
renewable fuel to consumers in the United States.
(2) Petitions for waivers.--The President, in consultation
with the Secretary of Energy, the Secretary of Agriculture,
and the Administrator of the Environmental Protection Agency,
shall approve or disapprove a State petition for a waiver of
the requirements of subsection (a) within 90 days after the
date on which the petition is received by the President.
(3) Termination of waivers.--A waiver granted under
paragraph (1) shall terminate after 1 year, but may be
renewed by the President after consultation with the
Secretary of Energy, the Secretary of Agriculture, and the
Administrator of the Environmental Protection Agency.
(4) Report to congress.--If the Secretary makes a
determination under paragraph (1)(B) that railroad
transportation of domestically-produced renewable fuel is
inadequate, based on either the service provided by, or the
price of, the railroad transportation, the President shall
submit to Congress a report that describes--
(A) the actions the Federal Government is taking, or will
take, to address the inadequacy, including a description of
the specific powers of the applicable Federal agencies; and
(B) if the President finds that there are inadequate
Federal powers to address the railroad service or pricing
inadequacies, recommendations for legislation to provide
appropriate powers to Federal agencies to address the
inadequacies.
(g) Small Refineries.--
(1) Temporary exemption.--
(A) In general.--The requirements of subsection (a) shall
not apply to--
(i) small refineries (other than a small refinery described
in clause (ii)) until calendar year 2013; and
(ii) small refineries owned by a small business refiner (as
defined in section 45H(c) of the Internal Revenue Code of
1986) until calendar year 2015.
(B) Extension of exemption.--
(i) Study by secretary.--Not later than December 31, 2008,
the Secretary shall submit to the President and Congress a
report describing the results of a study to determine whether
compliance with the requirements of subsection (a) would
impose a disproportionate economic hardship on small
refineries.
(ii) Extension of exemption.--In the case of a small
refinery that the Secretary determines under clause (i) would
be subject to a disproportionate economic hardship if
required to comply with subsection (a), the President shall
extend the exemption under subparagraph (A) for the small
refinery for a period of not less than 2 additional years.
(2) Petitions based on disproportionate economic
hardship.--
(A) Extension of exemption.--A small refinery may at any
time petition the President for an extension of the exemption
under paragraph (1) for the reason of disproportionate
economic hardship.
(B) Evaluation of petitions.--In evaluating a petition
under subparagraph (A), the President, in consultation with
the Secretary, shall consider the findings of the study under
paragraph (1)(B) and other economic factors.
(C) Deadline for action on petitions.--The President shall
act on any petition submitted by a small refinery for a
hardship exemption not later than 90 days after the date of
receipt of the petition.
(3) Opt-in for small refineries.--A small refinery shall be
subject to the requirements of subsection (a) if the small
refinery notifies the President that the small refinery
waives the exemption under paragraph (1).
(h) Penalties and Enforcement.--
(1) Civil penalties.--
(A) In general.--Any person that violates a regulation
promulgated under subsection (a), or that fails to furnish
any information required under such a regulation, shall be
liable to the United States for a civil penalty of not more
than the total of--
(i) $25,000 for each day of the violation; and
(ii) the amount of economic benefit or savings received by
the person resulting from the violation, as determined by the
President.
(B) Collection.--Civil penalties under subparagraph (A)
shall be assessed by, and collected in a civil action brought
by, the Secretary or such other officer of the United States
as is designated by the President.
(2) Injunctive authority.--
(A) In general.--The district courts of the United States
shall have jurisdiction to--
(i) restrain a violation of a regulation promulgated under
subsection (a);
(ii) award other appropriate relief; and
(iii) compel the furnishing of information required under
the regulation.
(B) Actions.--An action to restrain such violations and
compel such actions shall be brought by and in the name of
the United States.
(C) Subpoenas.--In the action, a subpoena for a witness who
is required to attend a district court in any district may
apply in any other district.
(i) Voluntary Labeling Program.--
(1) In general.--The President shall establish criteria for
a system of voluntary labeling of renewable fuels based on
life cycle greenhouse gas emissions.
(2) Consumer education.--The President shall ensure that
the labeling system under this subsection provides useful
information to consumers making fuel purchases.
(3) Flexibility.--In carrying out this subsection, the
President may establish more than 1 label, as appropriate.
(j) Effective Date.--Except as otherwise specifically
provided in this section, this section takes effect on
January 1, 2008.

SEC. 112. PRODUCTION OF RENEWABLE FUEL USING RENEWABLE
ENERGY.

(a) Definitions.--In this section:
(1) Facility.--The term ``facility'' means a facility used
for the production of renewable fuel.
(2) Renewable energy.--
(A) In general.--The term ``renewable energy'' has the
meaning given the term in section 203(b) of the Energy Policy
Act of 2005 (42 U.S.C. 15852(b)).
(B) Inclusion.--The term ``renewable energy'' includes
biogas produced through the conversion of organic matter from
renewable biomass.
(b) Additional Credit.--
(1) In general.--The President shall provide a credit under
the program established under section 111(d) to the owner of
a facility that uses renewable energy to displace more than
90 percent of the fossil fuel normally used in the production
of renewable fuel.
(2) Credit amount.--The President may provide the credit in
a quantity that is not more than the equivalent of 1.5
gallons of renewable fuel for each gallon of renewable fuel
produced in a facility described in paragraph (1).

Subtitle B--Renewable Fuels Infrastructure

SEC. 121. INFRASTRUCTURE PILOT PROGRAM FOR RENEWABLE FUELS.

(a) In General.--The Secretary, in consultation with the
Secretary of Transportation and the Administrator of the
Environmental Protection Agency, shall establish a
competitive grant pilot program (referred to in this section
as the ``pilot program''), to be administered through the
Vehicle Technology Deployment Program of the Department of
Energy, to provide not more than 10 geographically-dispersed
project grants to State governments, Indian tribal
governments, local governments, metropolitan transportation
authorities, or partnerships of those entities to carry out 1
or more projects for the purposes described in subsection
(b).
(b) Grant Purposes.--A grant under this section shall be
used for the establishment of refueling infrastructure
corridors, as designated by the Secretary, for gasoline
blends that contain not less than 11 percent, and not more
than 85 percent, renewable fuel or diesel fuel that contains
at least 10 percent renewable fuel, including--
(1) installation of infrastructure and equipment necessary
to ensure adequate distribution of renewable fuels within the
corridor;
(2) installation of infrastructure and equipment necessary
to directly support vehicles powered by renewable fuels; and
(3) operation and maintenance of infrastructure and
equipment installed as part of a project funded by the grant.
(c) Applications.--
(1) Requirements.--
(A) In general.--Subject to subparagraph (B), not later
than 90 days after the date of enactment of this Act, the
Secretary shall issue requirements for use in applying for
grants under the pilot program.
(B) Minimum requirements.--At a minimum, the Secretary
shall require that an application for a grant under this
section--
(i) be submitted by--

(I) the head of a State, tribal, or local government or a
metropolitan transportation authority, or any combination of
those entities; and
(II) a registered participant in the Vehicle Technology
Deployment Program of the Department of Energy; and

(ii) include--

(I) a description of the project proposed in the
application, including the ways in which the project meets
the requirements of this section;
(II) an estimate of the degree of use of the project,
including the estimated size of fleet of vehicles operated
with renewable fuel available within the geographic region of
the corridor, measured as a total quantity and a percentage;
(III) an estimate of the potential petroleum displaced as a
result of the project (measured as a total quantity and a
percentage), and a plan to collect and disseminate

[[Page S7464]]

petroleum displacement and other relevant data relating to
the project to be funded under the grant, over the expected
life of the project;
(IV) a description of the means by which the project will
be sustainable without Federal assistance after the
completion of the term of the grant;
(V) a complete description of the costs of the project,
including acquisition, construction, operation, and
maintenance costs over the expected life of the project; and
(VI) a description of which costs of the project will be
supported by Federal assistance under this subsection.

(2) Partners.--An applicant under paragraph (1) may carry
out a project under the pilot program in partnership with
public and private entities.
(d) Selection Criteria.--In evaluating applications under
the pilot program, the Secretary shall--
(1) consider the experience of each applicant with
previous, similar projects; and
(2) give priority consideration to applications that--
(A) are most likely to maximize displacement of petroleum
consumption, measured as a total quantity and a percentage;
(B) are best able to incorporate existing infrastructure
while maximizing, to the extent practicable, the use of
advanced biofuels;
(C) demonstrate the greatest commitment on the part of the
applicant to ensure funding for the proposed project and the
greatest likelihood that the project will be maintained or
expanded after Federal assistance under this subsection is
completed;
(D) represent a partnership of public and private entities;
and
(E) exceed the minimum requirements of subsection
(c)(1)(B).
(e) Pilot Project Requirements.--
(1) Maximum amount.--The Secretary shall provide not more
than $20,000,000 in Federal assistance under the pilot
program to any applicant.
(2) Cost sharing.--The non-Federal share of the cost of any
activity relating to renewable fuel infrastructure
development carried out using funds from a grant under this
section shall be not less than 20 percent.
(3) Maximum period of grants.--The Secretary shall not
provide funds to any applicant under the pilot program for
more than 2 years.
(4) Deployment and distribution.--The Secretary shall seek,
to the maximum extent practicable, to ensure a broad
geographic distribution of project sites funded by grants
under this section.
(5) Transfer of information and knowledge.--The Secretary
shall establish mechanisms to ensure that the information and
knowledge gained by participants in the pilot program are
transferred among the pilot program participants and to other
interested parties, including other applicants that submitted
applications.
(f) Schedule.--
(1) Initial grants.--
(A) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register, Commerce Business Daily, and such other
publications as the Secretary considers to be appropriate, a
notice and request for applications to carry out projects
under the pilot program.
(B) Deadline.--An application described in subparagraph (A)
shall be submitted to the Secretary by not later than 180
days after the date of publication of the notice under that
subparagraph.
(C) Initial selection.--Not later than 90 days after the
date by which applications for grants are due under
subparagraph (B), the Secretary shall select by competitive,
peer-reviewed proposal up to 5 applications for projects to
be awarded a grant under the pilot program.
(2) Additional grants.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register, Commerce Business Daily, and such other
publications as the Secretary considers to be appropriate, a
notice and request for additional applications to carry out
projects under the pilot program that incorporate the
information and knowledge obtained through the implementation
of the first round of projects authorized under the pilot
program.
(B) Deadline.--An application described in subparagraph (A)
shall be submitted to the Secretary by not later than 180
days after the date of publication of the notice under that
subparagraph.
(C) Initial selection.--Not later than 90 days after the
date by which applications for grants are due under
subparagraph (B), the Secretary shall select by competitive,
peer-reviewed proposal such additional applications for
projects to be awarded a grant under the pilot program as the
Secretary determines to be appropriate.
(g) Reports to Congress.--
(1) Initial report.--Not later than 60 days after the date
on which grants are awarded under this section, the Secretary
shall submit to Congress a report containing--
(A) an identification of the grant recipients and a
description of the projects to be funded under the pilot
program;
(B) an identification of other applicants that submitted
applications for the pilot program but to which funding was
not provided; and
(C) a description of the mechanisms used by the Secretary
to ensure that the information and knowledge gained by
participants in the pilot program are transferred among the
pilot program participants and to other interested parties,
including other applicants that submitted applications.
(2) Evaluation.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter until the
termination of the pilot program, the Secretary shall submit
to Congress a report containing an evaluation of the
effectiveness of the pilot program, including an assessment
of the petroleum displacement and benefits to the environment
derived from the projects included in the pilot program.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$200,000,000, to remain available until expended.

SEC. 122. BIOENERGY RESEARCH AND DEVELOPMENT.

Section 931(c) of the Energy Policy Act of 2005 (42 U.S.C.
16231(c)) is amended--
(1) in paragraph (2), by striking ``$251,000,000'' and
inserting ``$377,000,000''; and
(2) in paragraph (3), by striking ``$274,000,000'' and
inserting ``$398,000,000''.

SEC. 123. BIORESEARCH CENTERS FOR SYSTEMS BIOLOGY PROGRAM.

Section 977(a)(1) of the Energy Policy Act of 2005 (42
U.S.C. 16317(a)(1)) is amended by inserting before the period
at the end the following: ``, including the establishment of
at least 11 bioresearch centers of varying sizes, as
appropriate, that focus on biofuels, of which at least 2
centers shall be located in each of the 4 Petroleum
Administration for Defense Districts with no subdistricts and
1 center shall be located in each of the subdistricts of the
Petroleum Administration for Defense District with
subdistricts''.

SEC. 124. LOAN GUARANTEES FOR RENEWABLE FUEL FACILITIES.

(a) In General.--Section 1703 of the Energy Policy Act of
2005 (42 U.S.C. 16513) is amended by adding at the end the
following:
``(f) Renewable Fuel Facilities.--
``(1) In general.--The Secretary may make guarantees under
this title for projects that produce advanced biofuel (as
defined in section 102 of the Biofuels for Energy Security
and Transportation Act of 2007).
``(2) Requirements.--A project under this subsection shall
employ new or significantly improved technologies for the
production of renewable fuels as compared to commercial
technologies in service in the United States at the time that
the guarantee is issued.
``(3) Issuance of first loan guarantees.--The requirement
of section 20320(b) of division B of the Continuing
Appropriations Resolution, 2007 (Public Law 109-289, Public
Law 110-5), relating to the issuance of final regulations,
shall not apply to the first 6 guarantees issued under this
subsection.
``(4) Project design.--A project for which a guarantee is
made under this subsection shall have a project design that
has been validated through the operation of a continuous
process pilot facility with an annual output of at least
50,000 gallons of ethanol or the energy equivalent volume of
other advanced biofuels.
``(5) Maximum guaranteed principal.--The total principal
amount of a loan guaranteed under this subsection may not
exceed $250,000,000 for a single facility.
``(6) Amount of guarantee.--The Secretary shall guarantee
100 percent of the principal and interest due on 1 or more
loans made for a facility that is the subject of the
guarantee under paragraph (3).
``(7) Deadline.--The Secretary shall approve or disapprove
an application for a guarantee under this subsection not
later than 90 days after the date of receipt of the
application.
``(8) Report.--Not later than 30 days after approving or
disapproving an application under paragraph (7), the
Secretary shall submit to Congress a report on the approval
or disapproval (including the reasons for the action).''.
(b) Improvements to Underlying Loan Guarantee Authority.--
(1) Definition of commercial technology.--Section 1701(1)
of the Energy Policy Act of 2005 (42 U.S.C. 16511(1)) is
amended by striking subparagraph (B) and inserting the
following:
``(B) Exclusion.--The term `commercial technology' does not
include a technology if the sole use of the technology is in
connection with--
``(i) a demonstration plant; or
``(ii) a project for which the Secretary approved a loan
guarantee.''.
(2) Specific appropriation or contribution.--Section 1702
of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended
by striking subsection (b) and inserting the following:
``(b) Specific Appropriation or Contribution.--
``(1) In general.--No guarantee shall be made unless--
``(A) an appropriation for the cost has been made; or
``(B) the Secretary has received from the borrower a
payment in full for the cost of the obligation and deposited
the payment into the Treasury.
``(2) Limitation.--The source of payments received from a
borrower under paragraph (1)(B) shall not be a loan or other
debt obligation that is made or guaranteed by the Federal
Government.
``(3) Relation to other laws.--Section 504(b) of the
Federal Credit Reform Act of

[[Page S7465]]

1990 (2 U.S.C. 661c(b)) shall not apply to a loan or loan
guarantee made in accordance with paragraph (1)(B).''.
(3) Amount.--Section 1702 of the Energy Policy Act of 2005
(42 U.S.C. 16512) is amended by striking subsection (c) and
inserting the following:
``(c) Amount.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall guarantee up to 100 percent of the principal and
interest due on 1 or more loans for a facility that are the
subject of the guarantee.
``(2) Limitation.--The total amount of loans guaranteed for
a facility by the Secretary shall not exceed 80 percent of
the total cost of the facility, as estimated at the time at
which the guarantee is issued.''.
(4) Subrogation.--Section 1702(g)(2) of the Energy Policy
Act of 2005 (42 U.S.C. 16512(g)(2)) is amended--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C) as subparagraph (B).
(5) Fees.--Section 1702(h) of the Energy Policy Act of 2005
(42 U.S.C. 16512(h)) is amended by striking paragraph (2) and
inserting the following:
``(2) Availability.--Fees collected under this subsection
shall--
``(A) be deposited by the Secretary into a special fund in
the Treasury to be known as the `Incentives For Innovative
Technologies Fund'; and
``(B) remain available to the Secretary for expenditure,
without further appropriation or fiscal year limitation, for
administrative expenses incurred in carrying out this
title.''.

SEC. 125. GRANTS FOR RENEWABLE FUEL PRODUCTION RESEARCH AND
DEVELOPMENT IN CERTAIN STATES.

(a) In General.--The Secretary shall provide grants to
eligible entities to conduct research into, and develop and
implement, renewable fuel production technologies in States
with low rates of ethanol production, including low rates of
production of cellulosic biomass ethanol, as determined by
the Secretary.
(b) Eligibility.--To be eligible to receive a grant under
the section, an entity shall--
(1)(A) be an institution of higher education (as defined in
section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801))
located in a State described in subsection (a);
(B) be an institution--
(i) referred to in section 532 of the Equity in Educational
Land-Grant Status Act of 1994 (Public Law 103-382; 7 U.S.C.
301 note);
(ii) that is eligible for a grant under the Tribally
Controlled College or University Assistance Act of 1978 (25
U.S.C. 1801 et seq.), including Dine College; or
(iii) that is eligible for a grant under the Navajo
Community College Act (25 U.S.C. 640a et seq.); or
(C) be a consortium of such institutions of higher
education, industry, State agencies, Indian tribal agencies,
or local government agencies located in the State; and
(2) have proven experience and capabilities with relevant
technologies.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000 for
each of fiscal years 2008 through 2010.

SEC. 126. GRANTS FOR INFRASTRUCTURE FOR TRANSPORTATION OF
BIOMASS TO LOCAL BIOREFINERIES.

(a) In General.--The Secretary shall conduct a program
under which the Secretary shall provide grants to Indian
tribal and local governments and other eligible entities (as
determined by the Secretary) (referred to in this section as
``eligible entities'') to promote the development of
infrastructure to support the separation, production,
processing, and transportation of biomass to local
biorefineries.
(b) Phases.--The Secretary shall conduct the program in the
following phases:
(1) Development.--In the first phase of the program, the
Secretary shall make grants to eligible entities to assist
the eligible entities in the development of local projects to
promote the development of infrastructure to support the
separation, production, processing, and transportation of
biomass to local biorefineries.
(2) Implementation.--In the second phase of the program,
the Secretary shall make competitive grants to eligible
entities to implement projects developed under paragraph (1).
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.

SEC. 127. BIOREFINERY INFORMATION CENTER.

(a) In General.--The Secretary, in cooperation with the
Secretary of Agriculture, shall establish a biorefinery
information center to make available to interested parties
information on--
(1) renewable fuel resources, including information on
programs and incentives for renewable fuels;
(2) renewable fuel producers;
(3) renewable fuel users; and
(4) potential renewable fuel users.
(b) Administration.--In administering the biorefinery
information center, the Secretary shall--
(1) continually update information provided by the center;
(2) make information available to interested parties on the
process for establishing a biorefinery; and
(3) make information and assistance provided by the center
available through a toll-free telephone number and website.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.

SEC. 128. ALTERNATIVE FUEL DATABASE AND MATERIALS.

The Secretary and the Director of the National Institute of
Standards and Technology shall jointly establish and make
available to the public--
(1) a database that describes the physical properties of
different types of alternative fuel; and
(2) standard reference materials for different types of
alternative fuel.

SEC. 129. FUEL TANK CAP LABELING REQUIREMENT.

Section 406(a) of the Energy Policy Act of 1992 (42 U.S.C.
13232(a)) is amended--
(1) by striking ``The Federal Trade Commission'' and
inserting the following:
``(1) In general.--The Federal Trade Commission''; and
(2) by adding at the end the following:
``(2) Fuel tank cap labeling requirement.--Beginning with
model year 2010, the fuel tank cap of each alternative fueled
vehicle manufactured for sale in the United States shall be
clearly labeled to inform consumers that such vehicle can
operate on alternative fuel.''.

SEC. 130. BIODIESEL.

(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to Congress
a report on any research and development challenges inherent
in increasing to 5 percent the proportion of diesel fuel sold
in the United States that is biodiesel (as defined in section
757 of the Energy Policy Act of 2005 (42 U.S.C. 16105)).
(b) Regulations.--The President shall promulgate
regulations providing for the uniform labeling of biodiesel
blends that are certified to meet applicable standards
published by the American Society for Testing and Materials.
(c) National Biodiesel Fuel Quality Standard.--
(1) Quality regulations.--Within 180 days following the
date of enactment of this Act, the President shall promulgate
regulations to ensure that only biodiesel that is tested and
certified to comply with the American Society for Testing and
Materials (ASTM) 6751 standard is introduced into interstate
commerce.
(2) Enforcement.--The President shall ensure that all
biodiesel entering interstate commerce meets the requirements
of paragraph (1).
(3) Funding.--There are authorized to be appropriated to
the President to carry out this section:
(A) $3,000,000 for fiscal year 2008.
(B) $3,000,000 for fiscal year 2009.
(C) $3,000,000 for fiscal year 2010.

Subtitle C--Studies

SEC. 141. STUDY OF ADVANCED BIOFUELS TECHNOLOGIES.

(a) In General.--Not later than October 1, 2012, the
Secretary shall offer to enter into a contract with the
National Academy of Sciences under which the Academy shall
conduct a study of technologies relating to the production,
transportation, and distribution of advanced biofuels.
(b) Scope.--In conducting the study, the Academy shall--
(1) include an assessment of the maturity of advanced
biofuels technologies;
(2) consider whether the rate of development of those
technologies will be sufficient to meet the advanced biofuel
standards required under section 111;
(3) consider the effectiveness of the research and
development programs and activities of the Department of
Energy relating to advanced biofuel technologies; and
(4) make policy recommendations to accelerate the
development of those technologies to commercial viability, as
appropriate.
(c) Report.--Not later than November 30, 2014, the
Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report describing
the results of the study conducted under this section.

SEC. 142. STUDY OF INCREASED CONSUMPTION OF ETHANOL-BLENDED
GASOLINE WITH HIGHER LEVELS OF ETHANOL.

(a) In General.--The Secretary, in cooperation with the
Secretary of Agriculture, the Administrator of the
Environmental Protection Agency, and the Secretary of
Transportation, and after providing notice and an opportunity
for public comment, shall conduct a study of the feasibility
of increasing consumption in the United States of ethanol-
blended gasoline with levels of ethanol that are not less
than 10 percent and not more than 40 percent.
(b) Study.--The study under subsection (a) shall include--
(1) a review of production and infrastructure constraints
on increasing consumption of ethanol;
(2) an evaluation of the economic, market, and energy-
related impacts of State and regional differences in ethanol
blends;
(3) an evaluation of the economic, market, and energy-
related impacts on gasoline retailers and consumers of
separate and distinctly labeled fuel storage facilities and
dispensers;
(4) an evaluation of the environmental impacts of mid-level
ethanol blends on evaporative and exhaust emissions from on-
road, off-road, and marine engines, recreational boats,
vehicles, and equipment;

[[Page S7466]]

(5) an evaluation of the impacts of mid-level ethanol
blends on the operation, durability, and performance of on-
road, off-road, and marine engines, recreational boats,
vehicles, and equipment; and
(6) an evaluation of the safety impacts of mid-level
ethanol blends on consumers that own and operate off-road and
marine engines, recreational boats, vehicles, or equipment.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the results of the study conducted under
this section.

SEC. 143. PIPELINE FEASIBILITY STUDY.

(a) In General.--The Secretary, in coordination with the
Secretary of Agriculture and the Secretary of Transportation,
shall conduct a study of the feasibility of the construction
of dedicated ethanol pipelines.
(b) Factors.--In conducting the study, the Secretary shall
consider--
(1) the quantity of ethanol production that would make
dedicated pipelines economically viable;
(2) existing or potential barriers to dedicated ethanol
pipelines, including technical, siting, financing, and
regulatory barriers;
(3) market risk (including throughput risk) and means of
mitigating the risk;
(4) regulatory, financing, and siting options that would
mitigate risk in those areas and help ensure the construction
of 1 or more dedicated ethanol pipelines;
(5) financial incentives that may be necessary for the
construction of dedicated ethanol pipelines, including the
return on equity that sponsors of the initial dedicated
ethanol pipelines will require to invest in the pipelines;
(6) technical factors that may compromise the safe
transportation of ethanol in pipelines, identifying remedial
and preventative measures to ensure pipeline integrity; and
(7) such other factors as the Secretary considers
appropriate.
(c) Report.--Not later than 15 months after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the results of the study conducted under
this section.

SEC. 144. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED VEHICLES
TO USE E-85 FUEL.

(a) In General.--The Secretary shall conduct a study of
methods of increasing the fuel efficiency of flexible fueled
vehicles by optimizing flexible fueled vehicles to operate
using E-85 fuel.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives a report that describes the results of the
study, including any recommendations of the Secretary.

SEC. 145. STUDY OF CREDITS FOR USE OF RENEWABLE ELECTRICITY
IN ELECTRIC VEHICLES.

(a) Definition of Electric Vehicle.--In this section, the
term ``electric vehicle'' means an electric motor vehicle (as
defined in section 601 of the Energy Policy Act of 1992 (42
U.S.C. 13271)) for which the rechargeable storage battery--
(1) receives a charge directly from a source of electric
current that is external to the vehicle; and
(2) provides a minimum of 80 percent of the motive power of
the vehicle.
(b) Study.--The Secretary shall conduct a study on the
feasibility of issuing credits under the program established
under section 111(d) to electric vehicles powered by
electricity produced from renewable energy sources.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report that describes the results of the
study, including a description of--
(1) existing programs and studies on the use of renewable
electricity as a means of powering electric vehicles; and
(2) alternatives for--
(A) designing a pilot program to determine the feasibility
of using renewable electricity to power electric vehicles as
an adjunct to a renewable fuels mandate;
(B) allowing the use, under the pilot program designed
under subparagraph (A), of electricity generated from nuclear
energy as an additional source of supply;
(C) identifying the source of electricity used to power
electric vehicles; and
(D) equating specific quantities of electricity to
quantities of renewable fuel under section 111(d).

SEC. 146. STUDY OF ENGINE DURABILITY ASSOCIATED WITH THE USE
OF BIODIESEL.

(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall initiate a study
on the effects of the use of biodiesel on engine durability.
(b) Components.--The study under this section shall
include--
(1) an assessment of whether the use of biodiesel in
conventional diesel engines lessens engine durability; and
(2) an assessment of the effects referred to in subsection
(a) with respect to biodiesel blends at varying
concentrations, including--
(A) B5;
(B) B10;
(C) B20; and
(D) B30.

SEC. 147. STUDY OF INCENTIVES FOR RENEWABLE FUELS.

(a) Study.--The President shall conduct a study of the
renewable fuels industry and markets in the United States,
including--
(1) the costs to produce conventional and advanced
biofuels;
(2) the factors affecting the future market prices for
those biofuels, including world oil prices; and
(3) the financial incentives necessary to enhance, to the
maximum extent practicable, the biofuels industry of the
United States to reduce the dependence of the United States
on foreign oil during calendar years 2011 through 2030.
(b) Goals.--The study shall include an analysis of the
options for financial incentives and the advantage and
disadvantages of each option.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the President shall submit to Congress
a report that describes the results of the study.

SEC. 148. STUDY OF STREAMLINED LIFECYCLE ANALYSIS TOOLS FOR
THE EVALUATION OF RENEWABLE CARBON CONTENT OF
BIOFUELS.

(a) In General.--The Secretary, in consultation with the
Secretary of Agriculture and the Administrator of the
Environmental Protection Agency, shall conduct a study of--
(1) published methods for evaluating the lifecycle fossil
and renewable carbon content of fuels, including conventional
and advanced biofuels; and
(2) methods for performing simplified, streamlined
lifecycle analyses of the fossil and renewable carbon content
of biofuels.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report that describes the results of the
study under subsection (a), including recommendations for a
method for performing a simplified, streamlined lifecycle
analysis of the fossil and renewable carbon content of
biofuels that includes--
(1) carbon inputs to feedstock production; and
(2) carbon inputs to the biofuel production process,
including the carbon associated with electrical and thermal
energy inputs.

SEC. 149. STUDY OF THE ADEQUACY OF RAILROAD TRANSPORTATION OF
DOMESTICALLY-PRODUCED RENEWABLE FUEL.

(a) Study.--
(1) In general.--The Secretary, in consultation with the
Secretary of Transportation, shall conduct a study of the
adequacy of railroad transportation of domestically-produced
renewable fuel.
(2) Components.--In conducting the study under paragraph
(1), the Secretary shall consider--
(A) the adequacy of, and appropriate location for, tracks
that have sufficient capacity, and are in the appropriate
condition, to move the necessary quantities of domestically-
produced renewable fuel within the timeframes required by
section 111;
(B) the adequacy of the supply of railroad tank cars,
locomotives, and rail crews to move the necessary quantities
of domestically-produced renewable fuel in a timely fashion;
(C)(i) the projected costs of moving the domestically-
produced renewable fuel using railroad transportation; and
(ii) the impact of the projected costs on the marketability
of the domestically-produced renewable fuel;
(D) whether there is adequate railroad competition to
ensure--
(i) a fair price for the railroad transportation of
domestically-produced renewable fuel; and
(ii) acceptable levels of service for railroad
transportation of domestically-produced renewable fuel;
(E) any rail infrastructure capital costs that the
railroads indicate should be paid by the producers or
distributors of domestically-produced renewable fuel;
(F) whether Federal agencies have adequate legal authority
to ensure a fair and reasonable transportation price and
acceptable levels of service in cases in which the
domestically-produced renewable fuel source does not have
access to competitive rail service;
(G) whether Federal agencies have adequate legal authority
to address railroad service problems that may be resulting in
inadequate supplies of domestically-produced renewable fuel
in any area of the United States; and
(H) any recommendations for any additional legal
authorities for Federal agencies to ensure the reliable
railroad transportation of adequate supplies of domestically-
produced renewable fuel at reasonable prices.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report that describes the results of the
study conducted under subsection (a).

SEC. 150. STUDY OF EFFECTS OF ETHANOL-BLENDED GASOLINE ON OFF
ROAD VEHICLES.

(a) Study.--

[[Page S7467]]

(1) In general.--The Secretary, in consultation with the
Secretary of Transportation and the Administrator of the
Environmental Protection Agency, shall conduct a study to
determine the effects of ethanol-blended gasoline on off-road
vehicles and recreational boats.
(2) Evaluation.--The study shall include an evaluation of
the operational, safety, durability, and environmental
impacts of ethanol-blended gasoline on off-road and marine
engines, recreational boats, and related equipment.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the results of the study.

TITLE II--ENERGY EFFICIENCY PROMOTION

SEC. 201. SHORT TITLE.

This title may be cited as the ``Energy Efficiency
Promotion Act of 2007''.

SEC. 202. DEFINITION OF SECRETARY.

In this title, the term ``Secretary'' means the Secretary
of Energy.

Subtitle A--Promoting Advanced Lighting Technologies

SEC. 211. ACCELERATED PROCUREMENT OF ENERGY EFFICIENT
LIGHTING.

Section 553 of the National Energy Conservation Policy Act
(42 U.S.C. 8259b) is amended by adding the following:
``(f) Accelerated Procurement of Energy Efficient
Lighting.--
``(1) In general.--Not later than October 1, 2013, in
accordance with guidelines issued by the Secretary, all
general purpose lighting in Federal buildings shall be Energy
Star products or products designated under the Federal Energy
Management Program.
``(2) Guidelines.--
``(A) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall issue
guidelines to carry out this subsection.
``(B) Replacement costs.--The guidelines shall take into
consideration the costs of replacing all general service
lighting and the reduced cost of operation and maintenance
expected to result from such replacement.''.

SEC. 212. INCANDESCENT REFLECTOR LAMP EFFICIENCY STANDARDS.

(a) Definitions.--Section 321 of the Energy Policy and
Conservation Act (42 U.S.C. 6291) is amended--
(1) in paragraph (30)(C)(ii)--
(A) in the matter preceding subclause (I)--
(i) by striking ``or similar bulb shapes (excluding ER or
BR)'' and inserting ``ER, BR, BPAR, or similar bulb shapes'';
and
(ii) by striking ``2.75'' and inserting ``2.25''; and
(B) by striking ``is either--'' and all that follows
through subclause (II) and inserting ``has a rated wattage
that is 40 watts or higher''; and
(2) by adding at the end the following:
``(52) BPAR incandescent reflector lamp.--The term `BPAR
incandescent reflector lamp' means a reflector lamp as shown
in figure C78.21-278 on page 32 of ANSI C78.21-2003.
``(53) BR incandescent reflector lamp; br30; br40.--
``(A) BR incandescent reflector lamp.--The term `BR
incandescent reflector lamp' means a reflector lamp that
has--
``(i) a bulged section below the major diameter of the bulb
and above the approximate baseline of the bulb, as shown in
figure 1 (RB) on page 7 of ANSI C79.1-1994, incorporated by
reference in section 430.22 of title 10, Code of Federal
Regulations (as in effect on the date of enactment of this
paragraph); and
``(ii) a finished size and shape shown in ANSI C78.21-1989,
including the referenced reflective characteristics in part 7
of ANSI C78.21-1989, incorporated by reference in section
430.22 of title 10, Code of Federal Regulations (as in effect
on the date of enactment of this paragraph).
``(B) BR30.--The term `BR30' means a BR incandescent
reflector lamp with a diameter of 30/8ths of an inch.
``(C) BR40.--The term `BR40' means a BR incandescent
reflector lamp with a diameter of 40/8ths of an inch.
``(54) ER incandescent reflector lamp; er30; er40.--
``(A) ER incandescent reflector lamp.--The term `ER
incandescent reflector lamp' means a reflector lamp that
has--
``(i) an elliptical section below the major diameter of the
bulb and above the approximate baseline of the bulb, as shown
in figure 1 (RE) on page 7 of ANSI C79.1-1994, incorporated
by reference in section 430.22 of title 10, Code of Federal
Regulations (as in effect on the date of enactment of this
paragraph); and
``(ii) a finished size and shape shown in ANSI C78.21-1989,
incorporated by reference in section 430.22 of title 10, Code
of Federal Regulations (as in effect on the date of enactment
of this paragraph).
``(B) ER30.--The term `ER30' means an ER incandescent
reflector lamp with a diameter of 30/8ths of an inch.
``(C) ER40.--The term `ER40' means an ER incandescent
reflector lamp with a diameter of 40/8ths of an inch.
``(55) R20 incandescent reflector lamp.--The term `R20
incandescent reflector lamp' means a reflector lamp that has
a face diameter of approximately 2.5 inches, as shown in
figure 1(R) on page 7 of ANSI C79.1-1994.''.
(b) Standards for Fluorescent Lamps and Incandescent
Reflector Lamps.--Section 325(i) of the Energy Policy and
Conservation Act (42 U.S.C. 6925(i)) is amended by striking
paragraph (1) and inserting the following:
``(1) Standards.--
``(A) Definition of effective date.--In this paragraph
(other than subparagraph (D)), the term `effective date'
means, with respect to each type of lamp specified in a table
contained in subparagraph (B), the last day of the period of
months corresponding to that type of lamp (as specified in
the table) that follows October 24, 1992.
``(B) Minimum standards.--Each of the following general
service fluorescent lamps and incandescent reflector lamps
manufactured after the effective date specified in the tables
contained in this paragraph shall meet or exceed the
following lamp efficacy and CRI standards:

``FLUORESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
Effective
Nominal                  Minimum Average       Date
Lamp Type                            Lamp     Minimum CRI    Lamp Efficacy     (Period of
Wattage                       (LPW)          Months)
----------------------------------------------------------------------------------------------------------------
4-foot medium bi-pin..................................     >35 W          69             75.0             36
35 W          45             75.0             36
2-foot U-shaped.......................................     >35 W          69             68.0             36
35 W          45             64.0             36
8-foot slimline.......................................      65 W          69             80.0             18
65 W          45             80.0             18
8-foot high output....................................     >100 W         69             80.0             18
100 W          45             80.0             18
----------------------------------------------------------------------------------------------------------------

``INCANDESCENT REFLECTOR LAMPS
------------------------------------------------------------------------
Minimum
Average     Effective
Nominal Lamp Wattage                   Lamp         Date
Efficacy    (Period of
(LPW)       Months)
------------------------------------------------------------------------
40-50........................................      10.5          36
51-66........................................      11.0          36
67-85........................................      12.5          36
86-115.......................................      14.0          36
116-155.......................................      14.5          36
156-205.......................................      15.0          36
------------------------------------------------------------------------

``(C) Exemptions.--The standards specified in subparagraph
(B) shall not apply to the following types of incandescent
reflector lamps:
``(i) Lamps rated at 50 watts or less that are ER30, BR30,
BR40, or ER40 lamps.
``(ii) Lamps rated at 65 watts that are BR30, BR40, or ER40
lamps.
``(iii) R20 incandescent reflector lamps rated 45 watts or
less.
``(D) Effective dates.--
``(i) ER, br, and bpar lamps.--The standards specified in
subparagraph (B) shall apply with respect to ER incandescent
reflector lamps, BR incandescent reflector lamps, BPAR
incandescent reflector lamps, and similar bulb shapes on and
after January 1, 2008.
``(ii) Lamps between 2.25-2.75 inches in diameter.--The
standards specified in subparagraph (B) shall apply with
respect to incandescent reflector lamps with a diameter of
more than 2.25 inches, but not more than 2.75 inches, on and
after January 1, 2008.''.

SEC. 213. BRIGHT TOMORROW LIGHTING PRIZES.

(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, as part of the program carried out
under section 1008 of the Energy Policy Act of 2005 (42
U.S.C. 16396), the Secretary shall establish and award Bright
Tomorrow Lighting Prizes for solid state lighting in
accordance with this section.
(b) Prize Specifications.--
(1) 60-watt incandescent replacement lamp prize.--The
Secretary shall award a 60-Watt Incandescent Replacement Lamp
Prize to an entrant that produces a solid-state light package
simultaneously capable of--
(A) producing a luminous flux greater than 900 lumens;
(B) consuming less than or equal to 10 watts;

[[Page S7468]]

(C) having an efficiency greater than 90 lumens per watt;
(D) having a color rendering index greater than 90;
(E) having a correlated color temperature of not less than
2,750, and not more than 3,000, degrees Kelvin;
(F) having 70 percent of the lumen value under subparagraph
(A) exceeding 25,000 hours under typical conditions expected
in residential use;
(G) having a light distribution pattern similar to a soft
60-watt incandescent A19 bulb;
(H) having a size and shape that fits within the maximum
dimensions of an A19 bulb in accordance with American
National Standards Institute standard C78.20-2003, figure
C78.20-211;
(I) using a single contact medium screw socket; and
(J) mass production for a competitive sales commercial
market satisfied by the submission of 10,000 such units equal
to or exceeding the criteria described in subparagraphs (A)
through (I).
(2) PAR type 38 halogen replacement lamp prize.--The
Secretary shall award a Parabolic Aluminized Reflector Type
38 Halogen Replacement Lamp Prize (referred to in this
section as the ``PAR Type 38 Halogen Replacement Lamp
Prize'') to an entrant that produces a solid-state-light
package simultaneously capable of--
(A) producing a luminous flux greater than or equal to
1,350 lumens;
(B) consuming less than or equal to 11 watts;
(C) having an efficiency greater than 123 lumens per watt;
(D) having a color rendering index greater than or equal to
90;
(E) having a correlated color coordinate temperature of not
less than 2,750, and not more than 3,000, degrees Kelvin;
(F) having 70 percent of the lumen value under subparagraph
(A) exceeding 25,000 hours under typical conditions expected
in residential use;
(G) having a light distribution pattern similar to a PAR 38
halogen lamp;
(H) having a size and shape that fits within the maximum
dimensions of a PAR 38 halogen lamp in accordance with
American National Standards Institute standard C78-21-2003,
figure C78.21-238;
(I) using a single contact medium screw socket; and
(J) mass production for a competitive sales commercial
market satisfied by the submission of 10,000 such units equal
to or exceeding the criteria described in subparagraphs (A)
through (I).
(3) Twenty-first century lamp prize.--The Secretary shall
award a Twenty-First Century Lamp Prize to an entrant that
produces a solid-state-light-light capable of--
(A) producing a light output greater than 1,200 lumens;
(B) having an efficiency greater than 150 lumens per watt;
(C) having a color rendering index greater than 90;
(D) having a color coordinate temperature between 2,800 and
3,000 degrees Kelvin; and
(E) having a lifetime exceeding 25,000 hours.
(c) Private Funds.--The Secretary may accept and use
funding from private sources as part of the prizes awarded
under this section.
(d) Technical Review.--The Secretary shall establish a
technical review committee composed of non-Federal officers
to review entrant data submitted under this section to
determine whether the data meets the prize specifications
described in subsection (b).
(e) Third Party Administration.--The Secretary may
competitively select a third party to administer awards under
this section.
(f) Award Amounts.--Subject to the availability of funds to
carry out this section, the amount of--
(1) the 60-Watt Incandescent Replacement Lamp Prize
described in subsection (b)(1) shall be $10,000,000;
(2) the PAR Type 38 Halogen Replacement Lamp Prize
described in subsection (b)(2) shall be $5,000,000; and
(3) the Twenty-First Century Lamp Prize described in
subsection (b)(3) shall be $5,000,000.
(g) Federal Procurement of Solid-State-Lights.--
(1) 60-watt incandescent replacement.--Subject to paragraph
(3), as soon as practicable after the successful award of the
60-Watt Incandescent Replacement Lamp Prize under subsection
(b)(1), the Secretary (in consultation with the Administrator
of General Services) shall develop governmentwide Federal
purchase guidelines with a goal of replacing the use of 60-
watt incandescent lamps in Federal Government buildings with
a solid-state-light package described in subsection (b)(1) by
not later than the date that is 5 years after the date the
award is made.
(2) PAR 38 halogen replacement lamp replacement.--Subject
to paragraph (3), as soon as practicable after the successful
award of the PAR Type 38 Halogen Replacement Lamp Prize under
subsection (b)(2), the Secretary (in consultation with the
Administrator of General Services) shall develop
governmentwide Federal purchase guidelines with the goal of
replacing the use of PAR 38 halogen lamps in Federal
Government buildings with a solid-state-light package
described in subsection (b)(2) by not later than the date
that is 5 years after the date the award is made.
(3) Waivers.--
(A) In general.--The Secretary or the Administrator of
General Services may waive the application of paragraph (1)
or (2) if the Secretary or Administrator determines that the
return on investment from the purchase of a solid-state-light
package described in paragraph (1) or (2) of subsection (b),
respectively, is cost prohibitive.
(B) Report of waiver.--If the Secretary or Administrator
waives the application of paragraph (1) or (2), the Secretary
or Administrator, respectively, shall submit to Congress an
annual report that describes the waiver and provides a
detailed justification for the waiver.
(h) Bright Light Tomorrow Award Fund.--
(1) Establishment.--There is established in the United
States Treasury a Bright Light Tomorrow permanent fund
without fiscal year limitation to award prizes under
paragraphs (1), (2), and (3) of subsection (b).
(2) Sources of funding.--The fund established under
paragraph (1) shall accept--
(A) fiscal year appropriations; and
(B) private contributions authorized under subsection (c).
(i) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.

SEC. 214. SENSE OF SENATE CONCERNING EFFICIENT LIGHTING
STANDARDS.

(a) Findings.--The Senate finds that--
(1) there are approximately 4,000,000,000 screw-based
sockets in the United States that contain traditional,
energy-inefficient, incandescent light bulbs;
(2) incandescent light bulbs are based on technology that
is more than 125 years old;
(3) there are radically more efficient lighting
alternatives in the market, with the promise of even more
choices over the next several years;
(4) national policy can support a rapid substitution of
new, energy-efficient light bulbs for the less efficient
products in widespread use; and,
(5) transforming the United States market to use of more
efficient lighting technologies can--
(A) reduce electric costs in the United States by more than
$18,000,000,000 annually;
(B) save the equivalent electricity that is produced by 80
base load coal-fired power plants; and
(C) reduce fossil fuel related emissions by approximately
158,000,000 tons each year.
(b) Sense of the Senate.--It is the sense of the Senate
that the Senate should--
(1) pass a set of mandatory, technology-neutral standards
to establish firm energy efficiency performance targets for
lighting products;
(2) ensure that the standards become effective within the
next 10 years; and
(3) in developing the standards--
(A) establish the efficiency requirements to ensure that
replacement lamps will provide consumers with the same
quantity of light while using significantly less energy;
(B) ensure that consumers will continue to have multiple
product choices, including energy-saving halogen,
incandescent, compact fluorescent, and LED light bulbs; and
(C) work with industry and key stakeholders on measures
that can assist consumers and businesses in making the
important transition to more efficient lighting.

SEC. 215. RENEWABLE ENERGY CONSTRUCTION GRANTS.

(a) Definitions.--In this section:
(1) Alaska small hydroelectric power.--The term ``Alaska
small hydroelectric power'' means power that--
(A) is generated--
(i) in the State of Alaska;
(ii) without the use of a dam or impoundment of water; and
(iii) through the use of--

(I) a lake tap (but not a perched alpine lake); or
(II) a run-of-river screened at the point of diversion; and

(B) has a nameplate capacity rating of a wattage that is
not more than 15 megawatts.
(2) Eligible applicant.--The term ``eligible applicant''
means any--
(A) governmental entity;
(B) private utility;
(C) public utility;
(D) municipal utility;
(E) cooperative utility;
(F) Indian tribes; and
(G) Regional Corporation (as defined in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602)).
(3) Ocean energy.--
(A) Inclusions.--The term ``ocean energy'' includes
current, wave, and tidal energy.
(B) Exclusion.--The term ``ocean energy'' excludes thermal
energy.
(4) Renewable energy project.--The term ``renewable energy
project'' means a project--
(A) for the commercial generation of electricity; and
(B) that generates electricity from--
(i) solar, wind, or geothermal energy or ocean energy;
(ii) biomass (as defined in section 203(b) of the Energy
Policy Act of 2005 (42 U.S.C. 15852(b)));
(iii) landfill gas; or
(iv) Alaska small hydroelectric power.
(b) Renewable Energy Construction Grants.--
(1) In general.--The Secretary shall use amounts
appropriated under this section to

[[Page S7469]]

make grants for use in carrying out renewable energy
projects.
(2) Criteria.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall set forth criteria
for use in awarding grants under this section.
(3) Application.--To receive a grant from the Secretary
under paragraph (1), an eligible applicant shall submit to
the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require,
including a written assurance that--
(A) all laborers and mechanics employed by contractors or
subcontractors during construction, alteration, or repair
that is financed, in whole or in part, by a grant under this
section shall be paid wages at rates not less than those
prevailing on similar construction in the locality, as
determined by the Secretary of Labor in accordance with
sections 3141-3144, 3146, and 3147 of title 40, United States
Code; and
(B) the Secretary of Labor shall, with respect to the labor
standards described in this paragraph, have the authority and
functions set forth in Reorganization Plan Numbered 14 of
1950 (5 U.S.C. App.) and section 3145 of title 40, United
States Code.
(4) Non-federal share.--Each eligible applicant that
receives a grant under this subsection shall contribute to
the total cost of the renewable energy project constructed by
the eligible applicant an amount not less than 50 percent of
the total cost of the project.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Fund such sums as are necessary to
carry out this section.

Subtitle B--Expediting New Energy Efficiency Standards

SEC. 221. DEFINITION OF ENERGY CONSERVATION STANDARD.

Section 321 of the Energy Policy and Conservation Act (42
U.S.C. 6291) is amended by striking paragraph (6) and
inserting the following:
``(6) Energy conservation standard.--
``(A) In general.--The term `energy conservation standard'
means 1 or more performance standards that prescribe a
minimum level of energy efficiency or a maximum quantity of
energy use and, in the case of a showerhead, faucet, water
closet, urinal, clothes washer, and dishwasher, water use,
for a covered product, determined in accordance with test
procedures prescribed under section 323.
``(B) Inclusions.--The term `energy conservation standard'
includes--
``(i) 1 or more design requirements, as part of a consensus
agreement under section 325(hh); and
``(ii) any other requirements that the Secretary may
prescribe under subsections (o) and (r) of section 325.
``(C) Exclusion.--The term `energy conservation standard'
does not include a performance standard for a component of a
finished covered product.''.

SEC. 222. REGIONAL EFFICIENCY STANDARDS FOR HEATING AND
COOLING PRODUCTS.

(a) In General.--Section 327 of the Energy Policy and
Conservation Act (42 U.S.C. 6297) is amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Regional Efficiency Standards for Heating and Cooling
Products.--
``(1) In general.--
``(A) Determination.--The Secretary may determine, after
notice and comment, that more stringent Federal energy
conservation standards are appropriate for furnaces, boilers,
or central air conditioning equipment than applicable Federal
energy conservation standards.
``(B) Finding.--The Secretary may determine that more
stringent standards are appropriate for up to 2 different
regions only after finding that the regional standards--
``(i) would contribute to energy savings that are
substantially greater than that of a single national energy
standard; and
``(ii) are economically justified.
``(C) Regions.--On making a determination described in
subparagraph (B), the Secretary shall establish the regions
so that the more stringent standards would achieve the
maximum level of energy savings that is technologically
feasible and economically justified.
``(D) Factors.--In determining the appropriateness of 1 or
more regional standards for furnaces, boilers, and central
and commercial air conditioning equipment, the Secretary
shall consider all of the factors described in paragraphs (1)
through (4) of section 325(o).
``(2) State petition.--After a determination made by the
Secretary under paragraph (1), a State may petition the
Secretary requesting a rule that a State regulation that
establishes a standard for furnaces, boilers, or central air
conditioners become effective at a level determined by the
Secretary to be appropriate for the region that includes the
State.
``(3) Rule.--Subject to paragraphs (4) through (7), the
Secretary may issue the rule during the period described in
paragraph (4) and after consideration of the petition and the
comments of interested persons.
``(4) Procedure.--
``(A) Notice.--The Secretary shall provide notice of any
petition filed under paragraph (2) and afford interested
persons a reasonable opportunity to make written comments,
including rebuttal comments, on the petition.
``(B) Decision.--Except as provided in subparagraph (C),
during the 180-day period beginning on the date on which the
petition is filed, the Secretary shall issue the requested
rule or deny the petition.
``(C) Extension.--The Secretary may publish in the Federal
Register a notice--
``(i) extending the period to a specified date, but not
longer than 1 year after the date on which the petition is
filed; and
``(ii) describing the reasons for the delay.
``(D) Denials.--If the Secretary denies a petition under
this subsection, the Secretary shall publish in the Federal
Register notice of, and the reasons for, the denial.
``(5) Finding of significant burden on manufacturing,
marketing, distribution, sale, or servicing of covered
product on national basis.--
``(A) In general.--The Secretary may not issue a rule under
this subsection if the Secretary finds (and publishes the
finding) that interested persons have established, by a
preponderance of the evidence, that the State regulation will
significantly burden manufacturing, marketing, distribution,
sale, or servicing of a covered product on a national basis.
``(B) Factors.--In determining whether to make a finding
described in subparagraph (A), the Secretary shall evaluate
all relevant factors, including--
``(i) the extent to which the State regulation will
increase manufacturing or distribution costs of
manufacturers, distributors, and others;
``(ii) the extent to which the State regulation will
disadvantage smaller manufacturers, distributors, or dealers
or lessen competition in the sale of the covered product in
the State; and
``(iii) the extent to which the State regulation would
cause a burden to manufacturers to redesign and produce the
covered product type (or class), taking into consideration
the extent to which the regulation would result in a
reduction--

``(I) in the current models, or in the projected
availability of models, that could be shipped on the
effective date of the regulation to the State and within the
United States; or
``(II) in the current or projected sales volume of the
covered product type (or class) in the State and the United
States.

``(6) Application.--No State regulation shall become
effective under this subsection with respect to any covered
product manufactured before the date specified in the
determination made by the Secretary under paragraph (1).
``(7) Petition to withdraw federal rule following amendment
of federal standard.--
``(A) In general.--If a State has issued a rule under
paragraph (3) with respect to a covered product and
subsequently a Federal energy conservation standard
concerning the product is amended pursuant to section 325,
any person subject to the State regulation may file a
petition with the Secretary requesting the Secretary to
withdraw the rule issued under paragraph (3) with respect to
the product in the State.
``(B) Burden of proof.--The Secretary shall consider the
petition in accordance with paragraph (5) and the burden
shall be on the petitioner to show by a preponderance of the
evidence that the rule received by the State under paragraph
(3) should be withdrawn as a result of the amendment to the
Federal standard.
``(C) Withdrawal.--If the Secretary determines that the
petitioner has shown that the rule issued by the Secretary
under paragraph (3) should be withdrawn in accordance with
subparagraph (B), the Secretary shall withdraw the rule.''.
(b) Conforming Amendments.--
(1) Section 327 of the Energy Policy and Conservation Act
(42 U.S.C. 6297) is amended--
(A) in subsection (b)--
(i) in paragraph (2), by striking ``subsection (e)'' and
inserting ``subsection (f)''; and
(ii) in paragraph (3)--

(I) by striking ``subsection (f)(1)'' and inserting
``subsection (g)(1)''; and
(II) by striking ``subsection (f)(2)'' and inserting
``subsection (g)(2)''; and

(B) in subsection (c)(3), by striking ``subsection (f)(3)''
and inserting ``subsection (g)(3)''.
(2) Section 345(b)(2) of the Energy Policy and Conservation
Act (42 U.S.C. 6316(b)(2)) is amended by adding at the end
the following:
``(E) Relationship to certain state regulations.--
Notwithstanding subparagraph (A), a standard prescribed or
established under section 342(a) with respect to the
equipment specified in subparagraphs (B), (C), (D), (H), (I),
and (J) of section 340 shall not supersede a State regulation
that is effective under the terms, conditions, criteria,
procedures, and other requirements of section 327(e).''.

SEC. 223. FURNACE FAN RULEMAKING.

Section 325(f)(3) of the Energy Policy and Conservation Act
(42 U.S.C. 6295(f)(3)) is amended by adding at the end the
following:
``(E) Final rule.--
``(i) In general.--The Secretary shall publish a final rule
to carry out this subsection not later than December 31,
2014.
``(ii) Criteria.--The standards shall meet the criteria
established under subsection (o).''.

[[Page S7470]]

SEC. 224. EXPEDITED RULEMAKINGS.

Section 325 of the Energy Policy and Conservation Act (42
U.S.C. 6295) is amended by adding at the end the following:
``(hh) Expedited Rulemaking for Consensus Standards.--
``(1) In general.--The Secretary shall conduct an expedited
rulemaking based on an energy conservation standard or test
procedure recommended by interested persons, if--
``(A) the interested persons (demonstrating significant and
broad support from manufacturers of a covered product,
States, utilities, and environmental, energy efficiency, and
consumer advocates) submit a joint comment or petition
recommending a consensus energy conservation standard or test
procedure; and
``(B) the Secretary determines that the joint comment or
petition includes evidence that (assuming no other evidence
were considered) provides an adequate basis for determining
that the proposed consensus energy conservation standard or
test procedure proposed in the joint comment or petition
complies with the provisions and criteria of this Act
(including subsection (o)) that apply to the type or class of
covered products covered by the joint comment or petition.
``(2) Procedure.--
``(A) In general.--Notwithstanding subsection (p) or
section 336(a), if the Secretary receives a joint comment or
petition that meets the criteria described in paragraph (1),
the Secretary shall conduct an expedited rulemaking with
respect to the standard or test procedure proposed in the
joint comment or petition in accordance with this paragraph.
``(B) Advanced notice of proposed rulemaking.--If no
advanced notice of proposed rulemaking has been issued under
subsection (p)(1) with respect to the rulemaking covered by
the joint comment or petition, the requirements of subsection
(p) with respect to the issuance of an advanced notice of
proposed rulemaking shall not apply.
``(C) Publication of determination.--Not later than 60 days
after receipt of a joint comment or petition described in
paragraph (1)(A), the Secretary shall publish a description
of a determination as to whether the proposed standard or
test procedure covered by the joint comment or petition meets
the criteria described in paragraph (1).
``(D) Proposed rule.--
``(i) Publication.--If the Secretary determines that the
proposed consensus standard or test procedure covered by the
joint comment or petition meets the criteria described in
paragraph (1), not later than 30 days after the
determination, the Secretary shall publish a proposed rule
proposing the consensus standard or test procedure covered by
the joint comment or petition.
``(ii) Public comment period.--Notwithstanding paragraphs
(2) and (3) of subsection (p), the public comment period for
the proposed rule shall be the 30-day period beginning on the
date of the publication of the proposed rule in the Federal
Register.
``(iii) Public hearing.--Notwithstanding section 336(a),
the Secretary may waive the holding of a public hearing with
respect to the proposed rule.
``(E) Final rule.--Notwithstanding subsection (p)(4), the
Secretary--
``(i) may publish a final rule at any time after the 60-day
period beginning on the date of publication of the proposed
rule in the Federal Register; and
``(ii) shall publish a final rule not later than 120 days
after the date of publication of the proposed rule in the
Federal Register.''.

SEC. 225. PERIODIC REVIEWS.

(a) Test Procedures.--Section 323(b)(1) of the Energy
Policy and Conservation Act (42 U.S.C. 6293(b)(1)) is amended
by striking ``(1)'' and all that follows through the end of
the paragraph and inserting the following:
``(1) Test procedures.--
``(A) Amendment.--At least once every 7 years, the
Secretary shall review test procedures for all covered
products and--
``(i) amend test procedures with respect to any covered
product, if the Secretary determines that amended test
procedures would more accurately or fully comply with the
requirements of paragraph (3); or
``(ii) publish notice in the Federal Register of any
determination not to amend a test procedure.''.
(b) Energy Conservation Standards.--Section 325 of the
Energy Policy and Conservation Act (42 U.S.C. 6295) is
amended by striking subsection (m) and inserting the
following:
``(m) Further Rulemaking.--
``(1) In general.--After issuance of the last final rules
required for a product under this part, the Secretary shall,
not later than 5 years after the date of issuance of a final
rule establishing or amending a standard or determining not
to amend a standard, publish a final rule to determine
whether standards for the product should be amended based on
the criteria described in subsection (n)(2).
``(2) Analysis.--Prior to publication of the determination,
the Secretary shall publish a notice of availability
describing the analysis of the Department and provide
opportunity for written comment.
``(3) Final rule.--Not later than 3 years after a positive
determination under paragraph (1), the Secretary shall
publish a final rule amending the standard for the product.
``(4) Application of amendment.--An amendment prescribed
under this subsection shall apply to a product manufactured
after a date that is 5 years after--
``(A) the effective date of the previous amendment made
pursuant to this part; or
``(B) if the previous final rule published under this part
did not amend the standard, the earliest date by which a
previous amendment could have been in effect, except that in
no case may an amended standard apply to products
manufactured within 3 years after publication of the final
rule establishing a standard.''.
(c) Standards.--Section 342(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6313(a)) is amended by striking
paragraph (6) and inserting the following:
``(6) Amended energy efficiency standards.--
``(A) Analysis of potential energy savings.--If ASHRAE/IES
Standard 90.1 is amended with respect to any small commercial
package air conditioning and heating equipment, large
commercial package air conditioning and heating equipment,
packaged terminal central and commercial air conditioners,
packaged terminal heat pumps, warm-air furnaces, packaged
boilers, storage water heaters, instantaneous water heaters,
or unfired hot water storage tanks, not later than 180 days
after the amendment of the standard, the Secretary shall
publish in the Federal Register for public comment an
analysis of the energy savings potential of amended energy
efficiency standards.
``(B) Amended uniform national standard for products.--
``(i) In general.--Except as provided in clause (ii), not
later than 18 months after the date of publication of the
amendment to the ASHRAE/IES Standard 90.1 for a product
described in subparagraph (A), the Secretary shall establish
an amended uniform national standard for the product at the
minimum level for the applicable effective date specified in
the amended ASHRAE/IES Standard 90.1.
``(ii) More stringent standard.--Clause (i) shall not apply
if the Secretary determines, by rule published in the Federal
Register, and supported by clear and convincing evidence,
that adoption of a uniform national standard more stringent
than the amended ASHRAE/IES Standard 90.1 for the product
would result in significant additional conservation of energy
and is technologically feasible and economically justified.
``(C) Rule.--If the Secretary makes a determination
described in subparagraph (B)(ii) for a product described in
subparagraph (A), not later than 30 months after the date of
publication of the amendment to the ASHRAE/IES Standard 90.1
for the product, the Secretary shall issue the rule
establishing the amended standard.
``(D) Amendment of standards.--
``(i) In general.--After issuance of the most recent final
rule for a product under this subsection, not later than 5
years after the date of issuance of a final rule establishing
or amending a standard or determining not to amend a
standard, the Secretary shall publish a final rule to
determine whether standards for the product should be amended
based on the criteria described in subparagraph (A).
``(ii) Analysis.--Prior to publication of the
determination, the Secretary shall publish a notice of
availability describing the analysis of the Department and
provide opportunity for written comment.
``(iii) Final rule.--Not later than 3 years after a
positive determination under clause (i), the Secretary shall
publish a final rule amending the standard for the
product.''.
(d) Test Procedures.--Section 343(a) of the Energy Policy
and Conservation Act (42 U.S.C. 6313(a)) is amended by
striking ``(a)'' and all that follows through the end of
paragraph (1) and inserting the following:
``(a) Prescription by Secretary; Requirements.--
``(1) Test procedures.--
``(A) Amendment.--At least once every 7 years, the
Secretary shall conduct an evaluation of each class of
covered equipment and--
``(i) if the Secretary determines that amended test
procedures would more accurately or fully comply with the
requirements of paragraphs (2) and (3), shall prescribe test
procedures for the class in accordance with this section; or
``(ii) shall publish notice in the Federal Register of any
determination not to amend a test procedure.''.
(e) Effective Date.--The amendments made by subsections (b)
and (c) take effect on January 1, 2012.

SEC. 226. ENERGY EFFICIENCY LABELING FOR CONSUMER PRODUCTS.

(a) In General.--Not later than 2 years after the date of
enactment of this Act or not later than 18 months after test
procedures have been developed for a consumer electronics
product category described in subsection (b), whichever is
later, the Federal Trade Commission, in consultation with the
Secretary and the Administrator of the Environmental
Protection Agency shall promulgate regulations, in accordance
with the Energy Star program and in a manner that minimizes,
to the maximum extent practicable, duplication with respect
to the requirements of that program and other national and
international energy labeling programs, to add the consumer
electronics product categories described in subsection (b) to
the Energy Guide labeling program of the Commission.
(b) Consumer Electronics Product Categories.--The consumer
electronics product categories referred to in subsection (a)
are the following:
(1) Televisions.
(2) Personal computers.

[[Page S7471]]

(3) Cable or satellite set-top boxes.
(4) Stand-alone digital video recorder boxes.
(5) Computer monitors.
(c) Label Placement.--The regulations shall include
specific requirements for each product on the placement of
Energy Guide labels.
(d) Deadline for Labeling.--Not later than 1 year after the
date of promulgation of regulations under subsection (a), the
Commission shall require labeling electronic products
described in subsection (b) in accordance with this section
(including the regulations).
(e) Authority To Include Additional Product Categories.--
The Commission may add additional product categories to the
Energy Guide labeling program if the product categories
include products, as determined by the Commission--
(1) that have an annual energy use in excess of 100
kilowatt hours per year; and
(2) for which there is a significant difference in energy
use between the most and least efficient products.

SEC. 227. RESIDENTIAL BOILER EFFICIENCY STANDARDS.

Section 325(f) of the Energy Policy and Conservation Act
(42 U.S.C. 6295(f)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Boilers.--
``(A) In general.--Subject to subparagraphs (B) and (C),
boilers manufactured on or after September 1, 2012, shall
meet the following requirements:

----------------------------------------------------------------------------------------------------------------
Minimum Annual Fuel Utilization
Boiler Type                            Efficiency                      Design Requirements
----------------------------------------------------------------------------------------------------------------
Gas Hot Water                                           82%                       No Constant Burning Pilot,
Automatic Means for Adjusting Water
Temperature
Gas Steam                                               80%                       No Constant Burning Pilot
Oil Hot Water                                           84%                     Automatic Means for Adjusting
Temperature
Oil Steam                                               82%                                  None
Electric Hot Water                                      None                    Automatic Means for Adjusting
Temperature
Electric Steam                                          None                                 None
----------------------------------------------------------------------------------------------------------------

``(B) Pilots.--The manufacturer shall not equip gas hot
water or steam boilers with constant-burning pilot lights.
``(C) Automatic means for adjusting water temperature.--
``(i) In general.--The manufacturer shall equip each gas,
oil, and electric hot water boiler (other than a boiler
equipped with tankless domestic water heating coils) with an
automatic means for adjusting the temperature of the water
supplied by the boiler to ensure that an incremental change
in inferred heat load produces a corresponding incremental
change in the temperature of water supplied.
``(ii) Certain boilers.--For a boiler that fires at 1 input
rate, the requirements of this subparagraph may be satisfied
by providing an automatic means that allows the burner or
heating element to fire only when the means has determined
that the inferred heat load cannot be met by the residual
heat of the water in the system.
``(iii) No inferred heat load.--When there is no inferred
heat load with respect to a hot water boiler, the automatic
means described in clauses (i) and (ii) shall limit the
temperature of the water in the boiler to not more than 140
degrees Fahrenheit.
``(iv) Operation.--A boiler described in clause (i) or (ii)
shall be operable only when the automatic means described in
clauses (i), (ii), and (iii) is installed.''.

SEC. 228. TECHNICAL CORRECTIONS.

(a) Definition of Fluorescent Lamp.--Section
321(30)(B)(viii) of the Energy Policy and Conservation Act
(42 U.S.C. 6291(30)(B)(viii)) is amended by striking ``82''
and inserting ``87''.
(b) Standards for Commercial Package Air Conditioning and
Heating Equipment.--Section 342(a)(1) of the Energy Policy
and Conservation Act (42 U.S.C. 6313(a)(1)) is amended in the
matter preceding subparagraph (A) by striking ``but before
January 1, 2010,''.
(c) Mercury Vapor Lamp Ballasts.--
(1) Definitions.--Section 321 of the Energy Policy and
Conservation Act (42 U.S.C. 6291) (as amended by section
212(a)(2)) is amended--
(A) in paragraph (46)(A)--
(i) in clause (i), by striking ``bulb'' and inserting ``the
arc tube''; and
(ii) in clause (ii), by striking ``has a bulb'' and
inserting ``wall loading is'';
(B) in paragraph (47)(A), by striking ``operating at a
partial'' and inserting ``typically operating at a partial
vapor'';
(C) in paragraph (48), by inserting ``intended for general
illumination'' after ``lamps''; and
(D) by adding at the end the following:
``(56) The term `specialty application mercury vapor lamp
ballast' means a mercury vapor lamp ballast that--
``(A) is designed and marketed for medical use, optical
comparators, quality inspection, industrial processing, or
scientific use, including fluorescent microscopy, ultraviolet
curing, and the manufacture of microchips, liquid crystal
displays, and printed circuit boards; and
``(B) in the case of a specialty application mercury vapor
lamp ballast, is labeled as a specialty application mercury
vapor lamp ballast.''.
(2) Standard setting authority.--Section 325(ee) of the
Energy Policy and Conservation Act (42 U.S.C. 6295(ee)) is
amended by inserting ``(other than specialty application
mercury vapor lamp ballasts)'' after ``ballasts''.

SEC. 229. ELECTRIC MOTOR EFFICIENCY STANDARDS.

(a) Definitions.--Section 340(13) of the Energy Policy and
Conservation Act (42 U.S.C. 6311(13)) is amended by striking
subparagraph (A) and inserting the following:
``(A)(i) The term `electric motor' means--
``(I) a general purpose electric motor--subtype I; and
``(II) a general purpose electric motor--subtype II.
``(ii) The term `general purpose electric motor--subtype I'
means any motor that is considered a general purpose motor
under section 431.12 of title 10, Code of Federal Regulations
(or successor regulations).
``(iii) The term `general purpose electric motor--subtype
II' means a motor that, in addition to the design elements
for a general purpose electric motor--subtype I, incorporates
the design elements (as established in National Electrical
Manufacturers Association MG-1 (2006)) for any of the
following:
``(I) A U-Frame Motor.
``(II) A Design C Motor.
``(III) A close-coupled pump motor.
``(IV) A footless motor.
``(V) A vertical solid shaft normal thrust (tested in a
horizontal configuration).
``(VI) An 8-pole motor.
``(VII) A poly-phase motor with voltage of not more than
600 volts (other than 230 or 460 volts).''.
(b) Standards.--Section 342(b) of the Energy Policy and
Conservation Act (42 U.S.C. 6313(13)) is amended by striking
paragraph (1) and inserting the following:
``(1) Standards.--
``(A) General purpose electric motors--subtype i.--
``(i) In general.--Except as otherwise provided in this
subparagraph, a general purpose electric motor--subtype I
with a power rating of not less than 1, and not more than
200, horsepower manufactured (alone or as a component of
another piece of equipment) after the 3-year period beginning
on the date of enactment of this subparagraph, shall have a
nominal full load efficiency established in Table 12-12 of
National Electrical Manufacturers Association (referred to in
this paragraph as `NEMA') MG-1 (2006).
``(ii) Fire pump motors.--A fire pump motor shall have a
nominal full load efficiency established in Table 12-11 of
NEMA MG-1 (2006).
``(B) General purpose electric motors--subtype ii.--A
general purpose electric motor--subtype II with a power
rating of not less than 1, and not more than 200, horsepower
manufactured (alone or as a component of another piece of
equipment) after the 3-year period beginning on the date of
enactment of this subparagraph, shall have a nominal full
load efficiency established in Table 12-11 of NEMA MG-1
(2006).
``(C) Design b, general purpose electric motors.--A NEMA
Design B, general purpose electric motor with a power rating
of not less than 201, and not more than 500, horsepower
manufactured (alone or as a component of another piece of
equipment) after the 3-year period beginning on the date of
the enactment of this subparagraph shall have a

[[Page S7472]]

nominal full load efficiency established in Table 12-11 of
NEMA MG-1 (2006).''.
(c) Effective Date.--The amendments made by this section
take effect on the date that is 3 years after the date of
enactment of this Act.

SEC. 230. ENERGY STANDARDS FOR HOME APPLIANCES.

(a) Definition of Energy Conservation Standard.--Section
321(6)(A) of the Energy Policy and Conservation Act (42
U.S.C. 6291(6)(A)) is amended by striking ``or, in the case
of'' and inserting ``and, in the case of residential clothes
washers, residential dishwashers,''.
(b) Refrigerators, Refrigerator-Freezers, and Freezers.--
Section 325(b) of the Energy Policy and Conservation Act (42
U.S.C. 6295(b)) is amended by adding at the end the
following:
``(4) Refrigerators, refrigerator-freezers, and freezers
manufactured on or after january 1, 2014.--Not later than
December 31, 2010, the Secretary shall publish a final rule
determining whether to amend the standards in effect for
refrigerators, refrigerator-freezers, and freezers
manufactured on or after January 1, 2014, and including any
amended standards.''.
(c) Residential Clothes Washers and Dishwashers.--Section
325(g)(4) of the Energy Policy and Conservation Act (42
U.S.C. 6295(g)(4)) is amended by adding at the end the
following:
``(D) Clothes washers.--
``(i) Clothes washers manufactured on or after january 1,
2011.--A residential clothes washer manufactured on or after
January 1, 2011, shall have--

``(I) a modified energy factor of at least 1.26; and
``(II) a water factor of not more than 9.5.

``(ii) Clothes washers manufactured on or after january 1,
2012.--Not later than January 1, 2012, the Secretary shall
publish a final rule determining whether to amend the
standards in effect for residential clothes washers
manufactured on or after January 1, 2012, and including any
amended standards.
``(E) Dishwashers.--
``(i) Dishwashers manufactured on or after january 1,
2010.--A dishwasher manufactured on or after January 1, 2010,
shall use not more than--

``(I) in the case of a standard-size dishwasher, 355 kWh
per year or 6.5 gallons of water per cycle; and
``(II) in the case of a compact-size dishwasher, 260 kWh
per year or 4.5 gallons of water per cycle.

``(ii) Dishwashers manufactured on or after january 1,
2018.--Not later than January 1, 2015, the Secretary shall
publish a final rule determining whether to amend the
standards for dishwashers manufactured on or after January 1,
2018, and including any amended standards.''.
(d) Dehumidifiers.--Section 325(cc) of the Energy Policy
and Conservation Act (42 U.S.C. 6295(cc)) is amended--
(1) in paragraph (1), by inserting ``and before October 1,
2012,'' after ``2007,''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Dehumidifiers manufactured on or after october 1,
2012.--Dehumidifiers manufactured on or after October 1,
2012, shall have an Energy Factor that meets or exceeds the
following values:

------------------------------------------------------------------------
Minimum
Energy
Product Capacity (pints/day):                   Factor
liters/kWh
------------------------------------------------------------------------
Up to 35.00...............................................          1.35
35.01-45.00...............................................          1.50
45.01-54.00...............................................          1.60
54.01-75.00...............................................          1.70
Greater than 75.00........................................       2.5.''.
------------------------------------------------------------------------

(e) Energy Star Program.--Section 324A(d)(2) of the Energy
Policy and Conservation Act (42 U.S.C. 6294a(d)(2)) is
amended by striking ``2010'' and inserting ``2009''.

SEC. 231. IMPROVED ENERGY EFFICIENCY FOR APPLIANCES AND
BUILDINGS IN COLD CLIMATES.

(a) Research.--Section 911(a)(2) of the Energy Policy Act
of 2005 (42 U.S.C. 16191(a)(2)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) technologies to improve the energy efficiency of
appliances and mechanical systems for buildings in cold
climates, including combined heat and power units and
increased use of renewable resources, including fuel.''.
(b) Rebates.--Section 124 of the Energy Policy Act of 2005
(42 U.S.C. 15821) is amended--
(1) in subsection (b)(1), by inserting ``, or products with
improved energy efficiency in cold climates,'' after
``residential Energy Star products''; and
(2) in subsection (e), by inserting ``or product with
improved energy efficiency in a cold climate'' after
``residential Energy Star product'' each place it appears.

SEC. 232. DEPLOYMENT OF NEW TECHNOLOGIES FOR HIGH-EFFICIENCY
CONSUMER PRODUCTS.

(a) Definitions.--In this section:
(1) Energy savings.--The term ``energy savings'' means
megawatt-hours of electricity or million British thermal
units of natural gas saved by a product, in comparison to
projected energy consumption under the energy efficiency
standard applicable to the product.
(2) High-efficiency consumer product.--The term ``high-
efficiency consumer product'' means a product that exceeds
the energy efficiency of comparable products available in the
market by a percentage determined by the Secretary to be an
appropriate benchmark for the consumer product category
competing for an award under this section.
(b) Financial Incentives Program.--Effective beginning
October 1, 2007, the Secretary shall competitively award
financial incentives under this section for the manufacture
of high-efficiency consumer products.
(c) Requirements.--
(1) In general.--The Secretary shall make awards under this
section to manufacturers of high-efficiency consumer
products, based on the bid of each manufacturer in terms of
dollars per megawatt-hour or million British thermal units
saved.
(2) Acceptance of bids.--In making awards under this
section, the Secretary shall--
(A) solicit bids for reverse auction from appropriate
manufacturers, as determined by the Secretary; and
(B) award financial incentives to the manufacturers that
submit the lowest bids that meet the requirements established
by the Secretary.
(d) Forms of Awards.--An award for a high-efficiency
consumer product under this section shall be in the form of a
lump sum payment in an amount equal to the product obtained
by multiplying--
(1) the amount of the bid by the manufacturer of the high-
efficiency consumer product; and
(2) the energy savings during the projected useful life of
the high-efficiency consumer product, not to exceed 10 years,
as determined under regulations issued by the Secretary.

SEC. 233. INDUSTRIAL EFFICIENCY PROGRAM.

(a) Definitions.--In this section:
(1) Eligible entity.--The term eligible entity means--
(A) an institution of higher education under contract or in
partnership with a nonprofit or for-profit private entity
acting on behalf of an industrial or commercial sector or
subsector;
(B) a nonprofit or for-profit private entity acting on
behalf on an industrial or commercial sector or subsector; or
(C) a consortia of entities acting on behalf of an
industrial or commercial sector or subsector.
(2) Energy-intensive commercial applications.--The term
``energy-intensive commercial applications'' means processes
and facilities that use significant quantities of energy as
part of the primary economic activities of the processes and
facilities, including--
(A) information technology data centers;
(B) product manufacturing; and
(C) food processing.
(3) Feedstock.--The term ``feedstock'' means the raw
material supplied for use in manufacturing, chemical, and
biological processes.
(4) Materials manufacturers.--The term ``materials
manufacturers'' means the energy-intensive primary
manufacturing industries, including the aluminum, chemicals,
forest and paper products, glass, metal casting, and steel
industries.
(5) Partnership.--The term ``partnership'' means an energy
efficiency and utilization partnership established under
subsection (c)(1)(A).
(6) Program.--The term ``program'' means the industrial
efficiency program established under subsection (b).
(b) Establishment of Program.--The Secretary shall
establish a program under which the Secretary, in cooperation
with materials manufacturers, companies engaged in energy-
intensive commercial applications, and national industry
trade associations representing the manufactures and
companies, shall support, develop, and promote the use of new
materials manufacturing and industrial and commercial
processes, technologies, and techniques to optimize energy
efficiency and the economic competitiveness of the United
States.
(c) Partnerships.--
(1) In general.--As part of the program, the Secretary
shall--
(A) establish energy efficiency and utilization
partnerships between the Secretary and eligible entities to
conduct research on, develop, and demonstrate new processes,
technologies, and operating practices and techniques to
significantly improve energy efficiency and utilization by
materials manufacturers and in energy-intensive commercial
applications, including the conduct of activities to--
(i) increase the energy efficiency of industrial and
commercial processes and facilities in energy-intensive
commercial application sectors;
(ii) research, develop, and demonstrate advanced
technologies capable of energy intensity reductions and
increased environmental performance in energy-intensive
commercial application sectors; and
(iii) promote the use of the processes, technologies, and
techniques described in clauses (i) and (ii); and
(B) pay the Federal share of the cost of any eligible
partnership activities for which a

[[Page S7473]]

proposal has been submitted and approved in accordance with
paragraph (3)(B).
(2) Eligible activities.--Partnership activities eligible
for financial assistance under this subsection include--
(A) feedstock and recycling research, development, and
demonstration activities to identify and promote--
(i) opportunities for meeting manufacturing feedstock
requirements with more energy efficient and flexible sources
of feedstock or energy supply;
(ii) strategies to develop and deploy technologies that
improve the quality and quantity of feedstocks recovered from
process and waste streams; and
(iii) other methods using recycling, reuse, and improved
industrial materials;
(B) industrial and commercial energy efficiency and
sustainability assessments to--
(i) assist individual industrial and commercial sectors in
developing tools, techniques, and methodologies to assess--

(I) the unique processes and facilities of the sectors;
(II) the energy utilization requirements of the sectors;
and
(III) the application of new, more energy efficient
technologies; and

(ii) conduct energy savings assessments;
(C) the incorporation of technologies and innovations that
would significantly improve the energy efficiency and
utilization of energy-intensive commercial applications; and
(D) any other activities that the Secretary determines to
be appropriate.
(3) Proposals.--
(A) In general.--To be eligible for financial assistance
under this subsection, a partnership shall submit to the
Secretary a proposal that describes the proposed research,
development, or demonstration activity to be conducted by the
partnership.
(B) Review.--After reviewing the scientific, technical, and
commercial merit of a proposals submitted under subparagraph
(A), the Secretary shall approve or disapprove the proposal.
(C) Competitive awards.--The provision of financial
assistance under this subsection shall be on a competitive
basis.
(4) Cost-sharing requirement.--In carrying out this
section, the Secretary shall require cost sharing in
accordance with section 988 of the Energy Policy Act of 2005
(42 U.S.C. 16352).
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out this section--
(A) $184,000,000 for fiscal year 2008;
(B) $190,000,000 for fiscal year 2009;
(C) $196,000,000 for fiscal year 2010;
(D) $202,000,000 for fiscal year 2011;
(E) $208,000,000 for fiscal year 2012; and
(F) such sums as are necessary for fiscal year 2013 and
each fiscal year thereafter.
(2) Partnership activities.--Of the amounts made available
under paragraph (1), not less than 50 percent shall be used
to pay the Federal share of partnership activities under
subsection (c).

Subtitle C--Promoting High Efficiency Vehicles, Advanced Batteries, and
Energy Storage

SEC. 241. LIGHTWEIGHT MATERIALS RESEARCH AND DEVELOPMENT.

(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary shall establish a
research and development program to determine ways in which--
(1) the weight of vehicles may be reduced to improve fuel
efficiency without compromising passenger safety; and
(2) the cost of lightweight materials (such as steel
alloys, fiberglass, and carbon composites) required for the
construction of lighter-weight vehicles may be reduced.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $60,000,000 for
each of fiscal years 2007 through 2012.

SEC. 242. LOAN GUARANTEES FOR FUEL-EFFICIENT AUTOMOBILE PARTS
MANUFACTURERS.

(a) In General.--Section 712(a) of the Energy Policy Act of
2005 (42 U.S.C. 16062(a)) is amended in the second sentence
by striking ``grants to automobile manufacturers'' and
inserting ``grants and loan guarantees under section 1703 to
automobile manufacturers and suppliers''.
(b) Conforming Amendment.--Section 1703(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by
striking paragraph (8) and inserting the following:
``(8) Production facilities for the manufacture of fuel
efficient vehicles or parts of those vehicles, including
electric drive transportation technology and advanced diesel
vehicles.''.

SEC. 243. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING
INCENTIVE PROGRAM.

(a) Definitions.--In this section:
(1) Adjusted average fuel economy.--The term ``adjusted
average fuel economy'' means the average fuel economy of a
manufacturer for all light duty vehicles produced by the
manufacturer, adjusted such that the fuel economy of each
vehicle that qualifies for an award shall be considered to be
equal to the average fuel economy for vehicles of a similar
footprint for model year 2005.
(2) Advanced technology vehicle.--The term ``advanced
technology vehicle'' means a light duty vehicle that meets--
(A) the Bin 5 Tier II emission standard established in
regulations issued by the Administrator of the Environmental
Protection Agency under section 202(i) of the Clean Air Act
(42 U.S.C. 7521(i)), or a lower-numbered Bin emission
standard;
(B) any new emission standard for fine particulate matter
prescribed by the Administrator under that Act (42 U.S.C.
7401 et seq.); and
(C) at least 125 percent of the average base year combined
fuel economy, calculated on an energy-equivalent basis, for
vehicles of a substantially similar footprint.
(3) Combined fuel economy.--The term ``combined fuel
economy'' means--
(A) the combined city/highway miles per gallon values, as
reported in accordance with section 32908 of title 49, United
States Code; and
(B) in the case of an electric drive vehicle with the
ability to recharge from an off-board source, the reported
mileage, as determined in a manner consistent with the
Society of Automotive Engineers recommended practice for that
configuration or a similar practice recommended by the
Secretary, using a petroleum equivalence factor for the off-
board electricity (as defined in section 474 of title 10,
Code of Federal Regulations).
(4) Engineering integration costs.--The term ``engineering
integration costs'' includes the cost of engineering tasks
relating to--
(A) incorporating qualifying components into the design of
advanced technology vehicles; and
(B) designing new tooling and equipment for production
facilities that produce qualifying components or advanced
technology vehicles.
(5) Qualifying components.--The term ``qualifying
components'' means components that the Secretary determines
to be--
(A) specially designed for advanced technology vehicles;
and
(B) installed for the purpose of meeting the performance
requirements of advanced technology vehicles.
(b) Advanced Vehicles Manufacturing Facility.--The
Secretary shall provide facility funding awards under this
section to automobile manufacturers and component suppliers
to pay not more than 30 percent of the cost of--
(1) reequipping, expanding, or establishing a manufacturing
facility in the United States to produce--
(A) qualifying advanced technology vehicles; or
(B) qualifying components; and
(2) engineering integration performed in the United States
of qualifying vehicles and qualifying components.
(c) Period of Availability.--An award under subsection (b)
shall apply to--
(1) facilities and equipment placed in service before
December 30, 2017; and
(2) engineering integration costs incurred during the
period beginning on the date of enactment of this Act and
ending on December 30, 2017.
(d) Improvement.--The Secretary shall issue regulations
that require that, in order for an automobile manufacturer to
be eligible for an award under this section during a
particular year, the adjusted average fuel economy of the
manufacturer for light duty vehicles produced by the
manufacturer during the most recent year for which data are
available shall be not less than the average fuel economy for
all light duty vehicles of the manufacturer for model year
2005.

SEC. 244. ENERGY STORAGE COMPETITIVENESS.

(a) Short Title.--This section may be cited as the ``United
States Energy Storage Competitiveness Act of 2007''.
(b) Energy Storage Systems for Motor Transportation and
Electricity Transmission and Distribution.--
(1) Definitions.--In this subsection:
(A) Council.--The term ``Council'' means the Energy Storage
Advisory Council established under paragraph (3).
(B) Compressed air energy storage.--The term ``compressed
air energy storage'' means, in the case of an electricity
grid application, the storage of energy through the
compression of air.
(C) Department.--The term ``Department'' means the
Department of Energy.
(D) Flywheel.--The term ``flywheel'' means, in the case of
an electricity grid application, a device used to store
rotational kinetic energy.
(E) Ultracapacitor.--The term ``ultracapacitor'' means an
energy storage device that has a power density comparable to
conventional capacitors but capable of exceeding the energy
density of conventional capacitors by several orders of
magnitude.
(2) Program.--The Secretary shall carry out a research,
development, and demonstration program to support the ability
of the United States to remain globally competitive in energy
storage systems for motor transportation and electricity
transmission and distribution.
(3) Energy storage advisory council.--
(A) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall establish an
Energy Storage Advisory Council.
(B) Composition.--
(i) In general.--Subject to clause (ii), the Council shall
consist of not less than 15 individuals appointed by the
Secretary, based on recommendations of the National Academy
of Sciences.
(ii) Energy storage industry.--The Council shall consist
primarily of representatives of the energy storage industry
of the United States.

[[Page S7474]]

(iii) Chairperson.--The Secretary shall select a
Chairperson for the Council from among the members appointed
under clause (i).
(C) Meetings.--
(i) In general.--The Council shall meet not less than once
a year.
(ii) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App. 2) shall apply to a meeting of
the Council.
(D) Plans.--No later than 1 year after the date of
enactment of this Act, in conjunction with the Secretary, the
Council shall develop 5-year plans for integrating basic and
applied research so that the United States retains a globally
competitive domestic energy storage industry for motor
transportation and electricity transmission and distribution.
(E) Review.--The Council shall--
(i) assess the performance of the Department in meeting the
goals of the plans developed under subparagraph (D); and
(ii) make specific recommendations to the Secretary on
programs or activities that should be established or
terminated to meet those goals.
(4) Basic research program.--
(A) Basic research.--The Secretary shall conduct a basic
research program on energy storage systems to support motor
transportation and electricity transmission and distribution,
including--
(i) materials design;
(ii) materials synthesis and characterization;
(iii) electrolytes, including bioelectrolytes;
(iv) surface and interface dynamics; and
(v) modeling and simulation.
(B) Nanoscience centers.--The Secretary shall ensure that
the nanoscience centers of the Department--
(i) support research in the areas described in subparagraph
(A), as part of the mission of the centers; and
(ii) coordinate activities of the centers with activities
of the Council.
(5) Applied research program.--The Secretary shall conduct
an applied research program on energy storage systems to
support motor transportation and electricity transmission and
distribution technologies, including--
(A) ultracapacitors;
(B) flywheels;
(C) batteries;
(D) compressed air energy systems;
(E) power conditioning electronics; and
(F) manufacturing technologies for energy storage systems.
(6) Energy storage research centers.--
(A) In general.--The Secretary shall establish, through
competitive bids, 4 energy storage research centers to
translate basic research into applied technologies to advance
the capability of the United States to maintain a globally
competitive posture in energy storage systems for motor
transportation and electricity transmission and distribution.
(B) Program management.--The centers shall be jointly
managed by the Under Secretary for Science and the Under
Secretary of Energy of the Department.
(C) Participation agreements.--As a condition of
participating in a center, a participant shall enter into a
participation agreement with the center that requires that
activities conducted by the participant for the center
promote the goal of enabling the United States to compete
successfully in global energy storage markets.
(D) Plans.--A center shall conduct activities that promote
the achievement of the goals of the plans of the Council
under paragraph (3)(D).
(E) Cost sharing.--In carrying out this paragraph, the
Secretary shall require cost-sharing in accordance with
section 988 of the Energy Policy Act of 2005 (42 U.S.C.
16352).
(F) National laboratories.--A national laboratory (as
defined in section 2 of the Energy Policy Act of 2005 (42
U.S.C. 15801)) may participate in a center established under
this paragraph, including a cooperative research and
development agreement (as defined in section 12(d) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(d))).
(G) Intellectual property.--A participant shall be provided
appropriate intellectual property rights commensurate with
the nature of the participation agreement of the participant.
(7) Review by national academy of sciences.--Not later than
5 years after the date of enactment of this Act, the
Secretary shall offer to enter into an arrangement with the
National Academy of Sciences to assess the performance of the
Department in making the United States globally competitive
in energy storage systems for motor transportation and
electricity transmission and distribution.
(8) Authorization of appropriations.--There are authorized
to be appropriated to carry out--
(A) the basic research program under paragraph (4)
$50,000,000 for each of fiscal years 2008 through 2017;
(B) the applied research program under paragraph (5)
$80,000,000 for each of fiscal years 2008 through 2017; and;
(C) the energy storage research center program under
paragraph (6) $100,000,000 for each of fiscal years 2008
through 2017.

SEC. 245. ADVANCED TRANSPORTATION TECHNOLOGY PROGRAM.

(a) Electric Drive Vehicle Demonstration Program.--
(1) Definition of electric drive vehicle.--In this
subsection, the term ``electric drive vehicle'' means a
precommercial vehicle that--
(A) draws motive power from a battery with at least 4
kilowatt-hours of electricity;
(B) can be recharged from an external source of electricity
for motive power; and
(C) is a light-, medium-, or heavy-duty onroad or nonroad
vehicle.
(2) Program.--The Secretary shall establish a competitive
program to provide grants for demonstrations of electric
drive vehicles.
(3) Eligibility.--A State government, local government,
metropolitan transportation authority, air pollution control
district, private entity, and nonprofit entity shall be
eligible to receive a grant under this subsection.
(4) Priority.--In making grants under this subsection, the
Secretary shall give priority to proposals that--
(A) are likely to contribute to the commercialization and
production of electric drive vehicles in the United States;
and
(B) reduce petroleum usage.
(5) Scope of demonstrations.--The Secretary shall ensure,
to the extent practicable, that the program established under
this subsection includes a variety of applications,
manufacturers, and end-uses.
(6) Reporting.--The Secretary shall require a grant
recipient under this subsection to submit to the Secretary,
on an annual basis, data relating to vehicle, performance,
life cycle costs, and emissions of vehicles demonstrated
under the grant, including emissions of greenhouse gases.
(7) Cost sharing.--Section 988 of the Energy Policy Act of
2005 (42 U.S.C. 16352) shall apply to a grant made under this
subsection.
(8) Authorizations of appropriations.--There are authorized
to be appropriated to carry out this subsection $60,000,000
for each of fiscal years 2008 through 2012, of which not less
than $20,000,000 shall be available each fiscal year only to
make grants local and municipal governments.
(b) Near-Term Oil Saving Transportation Deployment
Program.--
(1) Definition of qualified transportation project.--In
this subsection, the term ``qualified transportation
project'' means--
(A) a project that simultaneously reduces emissions of
criteria pollutants, greenhouse gas emissions, and petroleum
usage by at least 40 percent as compared to commercially
available, petroleum-based technologies used in nonroad
vehicles; and
(B) an electrification project involving onroad commercial
trucks, rail transportation, or ships, and any associated
infrastructure (including any panel upgrades, battery
chargers, trenching, and alternative fuel infrastructure).
(2) Program.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
the Secretary of Transportation, shall establish a program to
provide grants to eligible entities for the conduct of
qualified transportation projects.
(3) Priority.--In providing grants under this subsection,
the Secretary shall give priority to large-scale projects and
large-scale aggregators of projects.
(4) Cost sharing.--Section 988 of the Energy Policy Act of
2005 (42 U.S.C. 16352) shall apply to a grant made under this
subsection.
(5) Authorization of appropriations.--There are authorized
to carry this subsection $90,000,000 for each of fiscal years
2008 through 2013.

Subtitle D--Setting Energy Efficiency Goals

SEC. 251. NATIONAL GOALS FOR ENERGY SAVINGS IN
TRANSPORTATION.

(a) Goals.--The goals of the United States are to reduce
gasoline usage in the United States from the levels projected
under subsection (b) by--
(1) 20 percent by calendar year 2017;
(2) 35 percent by calendar year 2025; and
(3) 45 percent by calendar year 2030.
(b) Measurement.--For purposes of subsection (a), reduction
in gasoline usage shall be measured from the estimates for
each year in subsection (a) contained in the reference case
in the report of the Energy Information Administration
entitled ``Annual Energy Outlook 2007''.
(c) Strategic Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in cooperation with the
Administrator of the Environmental Protection Agency and the
heads of other appropriate Federal agencies, shall develop a
strategic plan to achieve the national goals for reduction in
gasoline usage established under subsection (a).
(2) Public input and comment.--The Secretary shall develop
the plan in a manner that provides appropriate opportunities
for public comment.
(d) Plan Contents.--The strategic plan shall--
(1) establish future regulatory, funding, and policy
priorities to ensure compliance with the national goals;
(2) include energy savings estimates for each sector; and
(3) include data collection methodologies and compilations
used to establish baseline and energy savings data.
(e) Plan Updates.--
(1) In general.--The Secretary shall--
(A) update the strategic plan biennially; and
(B) include the updated strategic plan in the national
energy policy plan required by section 801 of the Department
of Energy Organization Act (42 U.S.C. 7321).
(2) Contents.--In updating the plan, the Secretary shall--

[[Page S7475]]

(A) report on progress made toward implementing efficiency
policies to achieve the national goals established under
subsection (a); and
(B) to the maximum extent practicable, verify energy
savings resulting from the policies.
(f) Report to Congress and Public.--The Secretary shall
submit to Congress, and make available to the public, the
initial strategic plan developed under subsection (c) and
each updated plan.

SEC. 252. NATIONAL ENERGY EFFICIENCY IMPROVEMENT GOALS.

(a) Goals.--The goals of the United States are--
(1) to achieve an improvement in the overall energy
productivity of the United States (measured in gross domestic
product per unit of energy input) of at least 2.5 percent per
year by the year 2012; and
(2) to maintain that annual rate of improvement each year
through 2030.
(b) Strategic Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in cooperation with the
Administrator of the Environmental Protection Agency and the
heads of other appropriate Federal agencies, shall develop a
strategic plan to achieve the national goals for improvement
in energy productivity established under subsection (a).
(2) Public input and comment.--The Secretary shall develop
the plan in a manner that provides appropriate opportunities
for public input and comment.
(c) Plan Contents.--The strategic plan shall--
(1) establish future regulatory, funding, and policy
priorities to ensure compliance with the national goals;
(2) include energy savings estimates for each sector; and
(3) include data collection methodologies and compilations
used to establish baseline and energy savings data.
(d) Plan Updates.--
(1) In general.--The Secretary shall--
(A) update the strategic plan biennially; and
(B) include the updated strategic plan in the national
energy policy plan required by section 801 of the Department
of Energy Organization Act (42 U.S.C. 7321).
(2) Contents.--In updating the plan, the Secretary shall--
(A) report on progress made toward implementing efficiency
policies to achieve the national goals established under
subsection (a); and
(B) verify, to the maximum extent practicable, energy
savings resulting from the policies.
(e) Report to Congress and Public.--The Secretary shall
submit to Congress, and make available to the public, the
initial strategic plan developed under subsection (b) and
each updated plan.

SEC. 253. NATIONAL MEDIA CAMPAIGN.

(a) In General.--The Secretary, acting through the
Assistant Secretary for Energy Efficiency and Renewable
Energy (referred to in this section as the ``Secretary''),
shall develop and conduct a national media campaign--
(1) to increase energy efficiency throughout the economy of
the United States over the next decade;
(2) to promote the national security benefits associated
with increased energy efficiency; and
(3) to decrease oil consumption in the United States over
the next decade.
(b) Contract With Entity.--The Secretary shall carry out
subsection (a) directly or through--
(1) competitively bid contracts with 1 or more nationally
recognized media firms for the development and distribution
of monthly television, radio, and newspaper public service
announcements; or
(2) collective agreements with 1 or more nationally
recognized institutes, businesses, or nonprofit organizations
for the funding, development, and distribution of monthly
television, radio, and newspaper public service
announcements.
(c) Use of Funds.--
(1) In general.--Amounts made available to carry out this
section shall be used for the following:
(A) Advertising costs.--
(i) The purchase of media time and space.
(ii) Creative and talent costs.
(iii) Testing and evaluation of advertising.
(iv) Evaluation of the effectiveness of the media campaign.
(B) Administrative costs.--Operational and management
expenses.
(2) Limitations.--In carrying out this section, the
Secretary shall allocate not less than 85 percent of funds
made available under subsection (e) for each fiscal year for
the advertising functions specified under paragraph (1)(A).
(d) Reports.--The Secretary shall annually submit to
Congress a report that describes--
(1) the strategy of the national media campaign and whether
specific objectives of the campaign were accomplished,
including--
(A) determinations concerning the rate of change of energy
consumption, in both absolute and per capita terms; and
(B) an evaluation that enables consideration whether the
media campaign contributed to reduction of energy
consumption;
(2) steps taken to ensure that the national media campaign
operates in an effective and efficient manner consistent with
the overall strategy and focus of the campaign;
(3) plans to purchase advertising time and space;
(4) policies and practices implemented to ensure that
Federal funds are used responsibly to purchase advertising
time and space and eliminate the potential for waste, fraud,
and abuse; and
(5) all contracts or cooperative agreements entered into
with a corporation, partnership, or individual working on
behalf of the national media campaign.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $5,000,000 for each of fiscal years
2008 through 2012.
(2) Decreased oil consumption.--The Secretary shall use not
less than 50 percent of the amount that is made available
under this section for each fiscal year to develop and
conduct a national media campaign to decrease oil consumption
in the United States over the next decade.

SEC. 254. MODERNIZATION OF ELECTRICITY GRID SYSTEM.

(a) Statement of Policy.--It is the policy of the United
States that developing and deploying advanced technology to
modernize and increase the efficiency of the electricity grid
system of the United States is essential to maintain a
reliable and secure electricity transmission and distribution
infrastructure that can meet future demand growth.
(b) Programs.--The Secretary, the Federal Energy Regulatory
Commission, and other Federal agencies, as appropriate, shall
carry out programs to support the use, development, and
demonstration of advanced transmission and distribution
technologies, including real-time monitoring and analytical
software--
(1) to maximize the capacity and efficiency of electricity
networks;
(2) to enhance grid reliability;
(3) to reduce line losses;
(4) to facilitate the transition to real-time electricity
pricing;
(5) to allow grid incorporation of more onsite renewable
energy generators;
(6) to enable electricity to displace a portion of the
petroleum used to power the national transportation system of
the United States; and
(7) to enable broad deployment of distributed generation
and demand side management technology.

Subtitle E--Promoting Federal Leadership in Energy Efficiency and
Renewable Energy

SEC. 261. FEDERAL FLEET CONSERVATION REQUIREMENTS.

(a) Federal Fleet Conservation Requirements.--
(1) In general.--Part J of title III of the Energy Policy
and Conservation Act (42 U.S.C. 6374 et seq.) is amended by
adding at the end the following:

``SEC. 400FF. FEDERAL FLEET CONSERVATION REQUIREMENTS.

``(a) Mandatory Reduction in Petroleum Consumption.--
``(1) In general.--The Secretary shall issue regulations
(including provisions for waivers from the requirements of
this section) for Federal fleets subject to section 400AA
requiring that not later than October 1, 2015, each Federal
agency achieve at least a 20 percent reduction in petroleum
consumption, and that each Federal agency increase
alternative fuel consumption by 10 percent annually, as
calculated from the baseline established by the Secretary for
fiscal year 2005.
``(2) Plan.--
``(A) Requirement.--The regulations shall require each
Federal agency to develop a plan to meet the required
petroleum reduction levels and the alternative fuel
consumption increases.
``(B) Measures.--The plan may allow an agency to meet the
required petroleum reduction level through--
``(i) the use of alternative fuels;
``(ii) the acquisition of vehicles with higher fuel
economy, including hybrid vehicles, neighborhood electric
vehicles, electric vehicles, and plug-in hybrid vehicles if
the vehicles are commercially available;
``(iii) the substitution of cars for light trucks;
``(iv) an increase in vehicle load factors;
``(v) a decrease in vehicle miles traveled;
``(vi) a decrease in fleet size; and
``(vii) other measures.
``(b) Federal Employee Incentive Programs for Reducing
Petroleum Consumption.--
``(1) In general.--Each Federal agency shall actively
promote incentive programs that encourage Federal employees
and contractors to reduce petroleum usage through the use of
practices such as--
``(A) telecommuting;
``(B) public transit;
``(C) carpooling; and
``(D) bicycling.
``(2) Monitoring and support for incentive programs.--The
Administrator of General Services, the Director of the Office
of Personnel Management, and the Secretary of Energy shall
monitor and provide appropriate support to agency programs
described in paragraph (1).
``(3) Recognition.--The Secretary may establish a program
under which the Secretary recognizes private sector employers
and State and local governments for outstanding programs to
reduce petroleum usage through practices described in
paragraph (1).
``(c) Replacement Tires.--
``(1) In general.--Except as provided in paragraph (2), the
regulations issued under

[[Page S7476]]

subsection (a)(1) shall include a requirement that, to the
maximum extent practicable, each Federal agency purchase
energy-efficient replacement tires for the respective fleet
vehicles of the agency.
``(2) Exceptions.--This section does not apply to--
``(A) law enforcement motor vehicles;
``(B) emergency motor vehicles; or
``(C) motor vehicles acquired and used for military
purposes that the Secretary of Defense has certified to the
Secretary must be exempt for national security reasons.
``(d) Annual Reports on Compliance.--The Secretary shall
submit to Congress an annual report that summarizes actions
taken by Federal agencies to comply with this section.''.
(2) Table of contents amendment.--The table of contents of
the Energy Policy and Conservation Act (42 U.S.C. prec. 6201)
is amended by adding at the end of the items relating to part
J of title III the following:

``Sec. 400FF. Federal fleet conservation requirements.''.

(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the amendment made by this
section $10,000,000 for the period of fiscal years 2008
through 2013.

SEC. 262. FEDERAL REQUIREMENT TO PURCHASE ELECTRICITY
GENERATED BY RENEWABLE ENERGY.

Section 203 of the Energy Policy Act of 2005 (42 U.S.C.
15852) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Requirement.--
``(1) In general.--The President, acting through the
Secretary, shall require that, to the extent economically
feasible and technically practicable, of the total quantity
of domestic electric energy the Federal Government consumes
during any fiscal year, the following percentages shall be
renewable energy from facilities placed in service after
January 1, 1999:
``(A) Not less than 10 percent in fiscal year 2010.
``(B) Not less than 15 percent in fiscal year 2015.
``(2) Capitol complex.--The Architect of the Capitol, in
consultation with the Secretary, shall ensure that, of the
total quantity of electric energy the Capitol complex
consumes during any fiscal year, the percentages prescribed
in paragraph (1) shall be renewable energy.
``(3) Waiver authority.--The President may reduce or waive
the requirement under paragraph (1) on a fiscal-year basis if
the President determines that complying with paragraph (1)
for a fiscal year would result in--
``(A) a negative impact on military training or readiness
activities conducted by the Department of Defense;
``(B) a negative impact on domestic preparedness activities
conducted by the Department of Homeland Security; or
``(C) a requirement that a Federal agency provide emergency
response services in the event of a natural disaster or
terrorist attack.''; and
(2) by adding at the end the following:
``(e) Contracts for Renewable Energy From Public Utility
Services.--Notwithstanding section 501(b)(1)(B) of title 40,
United States Code, a contract for renewable energy from a
public utility service may be made for a period of not more
than 50 years.''.

SEC. 263. ENERGY SAVINGS PERFORMANCE CONTRACTS.

(a) Retention of Savings.--Section 546(c) of the National
Energy Conservation Policy Act (42 U.S.C. 8256(c)) is amended
by striking paragraph (5).
(b) Sunset and Reporting Requirements.--Section 801 of the
National Energy Conservation Policy Act (42 U.S.C. 8287) is
amended by striking subsection (c).
(c) Definition of Energy Savings.--Section 804(2) of the
National Energy Conservation Policy Act (42 U.S.C. 8287c(2))
is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively, and indenting
appropriately;
(2) by striking ``means a reduction'' and inserting
``means--
``(A) a reduction'';
(3) by striking the period at the end and inserting a
semicolon; and
(4) by adding at the end the following:
``(B) the increased efficient use of an existing energy
source by cogeneration or heat recovery, and installation of
renewable energy systems;
``(C) if otherwise authorized by Federal or State law
(including regulations), the sale or transfer of electrical
or thermal energy generated on-site from renewable energy
sources or cogeneration, but in excess of Federal needs, to
utilities or non-Federal energy users; and
``(D) the increased efficient use of existing water sources
in interior or exterior applications.''.
(d) Notification.--
(1) Authority to enter into contracts.--Section
801(a)(2)(D) of the National Energy Conservation Policy Act
(42 U.S.C. 8287(a)(2)(D)) is amended--
(A) in clause (ii), by inserting ``and'' after the
semicolon at the end;
(B) by striking clause (iii); and
(C) by redesignating clause (iv) as clause (iii).
(2) Reports.--Section 548(a)(2) of the National Energy
Conservation Policy Act (42 U.S.C. 8258(a)(2)) is amended by
inserting ``and any termination penalty exposure'' after
``the energy and cost savings that have resulted from such
contracts''.
(3) Conforming amendment.--Section 2913 of title 10, United
States Code, is amended by striking subsection (e).
(e) Energy and Cost Savings in Nonbuilding Applications.--
(1) Definitions.--In this subsection:
(A) Nonbuilding application.--The term ``nonbuilding
application'' means--
(i) any class of vehicles, devices, or equipment that is
transportable under the power of the applicable vehicle,
device, or equipment by land, sea, or air and that consumes
energy from any fuel source for the purpose of--

(I) that transportation; or
(II) maintaining a controlled environment within the
vehicle, device, or equipment; and

(ii) any federally-owned equipment used to generate
electricity or transport water.
(B) Secondary savings.--
(i) In general.--The term ``secondary savings'' means
additional energy or cost savings that are a direct
consequence of the energy savings that result from the energy
efficiency improvements that were financed and implemented
pursuant to an energy savings performance contract.
(ii) Inclusions.--The term ``secondary savings'' includes--

(I) energy and cost savings that result from a reduction in
the need for fuel delivery and logistical support;
(II) personnel cost savings and environmental benefits; and
(III) in the case of electric generation equipment, the
benefits of increased efficiency in the production of
electricity, including revenues received by the Federal
Government from the sale of electricity so produced.

(2) Study.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary and the Secretary of
Defense shall jointly conduct, and submit to Congress and the
President a report of, a study of the potential for the use
of energy savings performance contracts to reduce energy
consumption and provide energy and cost savings in
nonbuilding applications.
(B) Requirements.--The study under this subsection shall
include--
(i) an estimate of the potential energy and cost savings to
the Federal Government, including secondary savings and
benefits, from increased efficiency in nonbuilding
applications;
(ii) an assessment of the feasibility of extending the use
of energy savings performance contracts to nonbuilding
applications, including an identification of any regulatory
or statutory barriers to such use; and
(iii) such recommendations as the Secretary and Secretary
of Defense determine to be appropriate.

SEC. 264. ENERGY MANAGEMENT REQUIREMENTS FOR FEDERAL
BUILDINGS.

Section 543(a)(1) of the National Energy Conservation
Policy Act (42 U.S.C. 8253(a)(1)) is amended by striking the
table and inserting the following:

``Fiscal Year                                      Percentage reduction
2006...............................................................2
2007...............................................................4
2008...............................................................9
2009..............................................................12
2010..............................................................15
2011..............................................................18
2012..............................................................21
2013..............................................................24
2014..............................................................27
2015...........................................................30.''.

SEC. 265. COMBINED HEAT AND POWER AND DISTRICT ENERGY
INSTALLATIONS AT FEDERAL SITES.

Section 543 of the National Energy Conservation Policy Act
(42 U.S.C. 8253) is amended by adding at the end the
following:
``(f) Combined Heat and Power and District Energy
Installations at Federal Sites.--
``(1) In general.--Not later than 18 months after the date
of enactment of this subsection, the Secretary, in
consultation with the Administrator of General Services and
the Secretary of Defense, shall identify Federal sites that
could achieve significant cost-effective energy savings
through the use of combined heat and power or district energy
installations.
``(2) Information and technical assistance.--The Secretary
shall provide agencies with information and technical
assistance that will enable the agencies to take advantage of
the energy savings described in paragraph (1).
``(3) Energy performance requirements.--Any energy savings
from the installations described in paragraph (1) may be
applied to meet the energy performance requirements for an
agency under subsection (a)(1).''.

SEC. 266. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE
STANDARDS.

Section 305(a)(3)(A) of the Energy Conservation and
Production Act (42 U.S.C. 6834(a)(3)(A)) is amended--
(1) in the matter preceding clause (i), by striking ``this
paragraph'' and by inserting ``the Energy Efficiency
Promotion Act of 2007''; and
(2) in clause (i)--
(A) in subclause (I), by striking ``and'' at the end;
(B) by redesignating subclause (II) as subclause (III); and
(C) by inserting after subclause (I) the following:

[[Page S7477]]

``(II) the buildings be designed, to the extent
economically feasible and technically practicable, so that
the fossil fuel-generated energy consumption of the buildings
is reduced, as compared with the fossil fuel-generated energy
consumption by a similar Federal building in fiscal year 2003
(as measured by Commercial Buildings Energy Consumption
Survey or Residential Energy Consumption Survey data from the
Energy Information Agency), by the percentage specified in
the following table:

``Fiscal Year                                      Percentage reduction
2007..............................................................50
2010..............................................................60
2015..............................................................70
2020..............................................................80
2025..............................................................90
2030.............................................................100;
and''.

SEC. 267. APPLICATION OF INTERNATIONAL ENERGY CONSERVATION
CODE TO PUBLIC AND ASSISTED HOUSING.

Section 109 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12709) is amended--
(1) in subsection (a)(1)(C), by striking, ``, where such
standards are determined to be cost effective by the
Secretary of Housing and Urban Development'';
(2) in subsection (a)(2)--
(A) by striking ``the Council of American Building
Officials Model Energy Code, 1992'' and inserting ``2006
International Energy Conservation Code''; and
(B) by striking ``, and, with respect to rehabilitation and
new construction of public and assisted housing funded by
HOPE VI revitalization grants under section 24 of the United
States Housing Act of 1937 (42 U.S.C. 1437v), the 2003
International Energy Conservation Code'';
(3) in subsection (b)--
(A) in the heading, by striking ``Model Energy Code.--''
and inserting ``International Energy Conservation Code.--'';
(B) after ``all new construction'' in the first sentence
insert ``and rehabilitation''; and
(C) by striking ``, and, with respect to rehabilitation and
new construction of public and assisted housing funded by
HOPE VI revitalization grants under section 24 of the United
States Housing Act of 1937 (42 U.S.C. 1437v), the 2003
International Energy Conservation Code'';
(4) in subsection (c)--
(A) in the heading, by striking ``Model Energy Code and'';
and
(B) by striking ``, or, with respect to rehabilitation and
new construction of public and assisted housing funded by
HOPE VI revitalization grants under section 24 of the United
States Housing Act of 1937 (42 U.S.C. 1437v), the 2003
International Energy Conservation Code'';
(5) by adding at the end the following:
``(d) Failure To Amend the Standards.--If the Secretaries
have not, within 1 year after the requirements of the 2006
IECC or the ASHRAE Standard 90.1-2004 are revised, amended
the standards or made a determination under subsection (c) of
this section, and if the Secretary of Energy has made a
determination under section 304 of the Energy Conservation
and Production Act (42 U.S.C. 6833) that the revised code or
standard would improve energy efficiency, all new
construction and rehabilitation of housing specified in
subsection (a) shall meet the requirements of the revised
code or standard.'';
(6) by striking ``CABO Model Energy Code, 1992'' each place
it appears and inserting ``the 2006 IECC''; and
(7) by striking ``1989'' each place it appears and
inserting ``2004''.

SEC. 268. ENERGY EFFICIENT COMMERCIAL BUILDINGS INITIATIVE.

(a) Definitions.--In this section:
(1) Consortium.--The term ``consortium'' means a working
group that is comprised of--
(A) individuals representing--
(i) 1 or more businesses engaged in--

(I) commercial building development;
(II) construction; or
(III) real estate;

(ii) financial institutions;
(iii) academic or research institutions;
(iv) State or utility energy efficiency programs;
(v) nongovernmental energy efficiency organizations; and
(vi) the Federal Government;
(B) 1 or more building designers; and
(C) 1 or more individuals who own or operate 1 or more
buildings.
(2) Energy efficient commercial building.--The term
``energy efficient commercial building'' means a commercial
building that is designed, constructed, and operated--
(A) to require a greatly reduced quantity of energy;
(B) to meet, on an annual basis, the balance of energy
needs of the commercial building from renewable sources of
energy; and
(C) to be economically viable.
(3) Initiative.--The term ``initiative'' means the Energy
Efficient Commercial Buildings Initiative.
(b) Initiative.--
(1) In general.--The Secretary shall enter into an
agreement with the consortium to develop and carry out the
initiative--
(A) to reduce the quantity of energy consumed by commercial
buildings located in the United States; and
(B) to achieve the development of energy efficient
commercial buildings in the United States.
(2) Goal of initiative.--The goal of the initiative shall
be to develop technologies and practices and implement
policies that lead to energy efficient commercial buildings
for--
(A) any commercial building newly constructed in the United
States by 2030;
(B) 50 percent of the commercial building stock of the
United States by 2040; and
(C) all commercial buildings in the United States by 2050.
(3) Components.--In carrying out the initiative, the
Secretary, in collaboration with the consortium, may--
(A) conduct research and development on building design,
materials, equipment and controls, operation and other
practices, integration, energy use measurement and
benchmarking, and policies;
(B) conduct demonstration projects to evaluate replicable
approaches to achieving energy efficient commercial buildings
for a variety of building types in a variety of climate
zones;
(C) conduct deployment activities to disseminate
information on, and encourage widespread adoption of,
technologies, practices, and policies to achieve energy
efficient commercial buildings; and
(D) conduct any other activity necessary to achieve any
goal of the initiative, as determined by the Secretary, in
collaboration with the consortium.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as are necessary to carry out this section.
(2) Additional funding.--In addition to amounts authorized
to be appropriated under paragraph (1), the Secretary may
allocate funds from other appropriations to the initiative
without changing the purpose for which the funds are
appropriated.

Subtitle F--Assisting State and Local Governments in Energy Efficiency

SEC. 271. WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS.

Section 422 of the Energy Conservation and Production Act
(42 U.S.C. 6872) is amended by striking ``$700,000,000 for
fiscal year 2008'' and inserting ``$750,000,000 for each of
fiscal years 2008 through 2012''.

SEC. 272. STATE ENERGY CONSERVATION PLANS.

Section 365(f) of the Energy Policy and Conservation Act
(42 U.S.C. 6325(f)) is amended by striking ``fiscal year
2008'' and inserting ``each of fiscal years 2008 through
2012''.

SEC. 273. UTILITY ENERGY EFFICIENCY PROGRAMS.

(a) Electric Utilities.--Section 111(d) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d))
is amended by adding at the end the following:
``(16) Integrated resource planning.--Each electric utility
shall--
``(A) integrate energy efficiency resources into utility,
State, and regional plans; and
``(B) adopt policies establishing cost-effective energy
efficiency as a priority resource.
``(17) Rate design modifications to promote energy
efficiency investments.--
``(A) In general.--The rates allowed to be charged by any
electric utility shall--
``(i) align utility incentives with the delivery of cost-
effective energy efficiency; and
``(ii) promote energy efficiency investments.
``(B) Policy options.--In complying with subparagraph (A),
each State regulatory authority and each nonregulated utility
shall consider--
``(i) removing the throughput incentive and other
regulatory and management disincentives to energy efficiency;
``(ii) providing utility incentives for the successful
management of energy efficiency programs;
``(iii) including the impact on adoption of energy
efficiency as 1 of the goals of retail rate design,
recognizing that energy efficiency must be balanced with
other objectives;
``(iv) adopting rate designs that encourage energy
efficiency for each customer class; and
``(v) allowing timely recovery of energy efficiency-related
costs.''.
(b) Natural Gas Utilities.--Section 303(b) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 3203(b))
is amended by adding at the end the following:
``(5) Energy efficiency.--Each natural gas utility shall--
``(A) integrate energy efficiency resources into the plans
and planning processes of the natural gas utility; and
``(B) adopt policies that establish energy efficiency as a
priority resource in the plans and planning processes of the
natural gas utility.
``(6) Rate design modifications to promote energy
efficiency investments.--
``(A) In general.--The rates allowed to be charged by a
natural gas utility shall align utility incentives with the
deployment of cost-effective energy efficiency.
``(B) Policy options.--In complying with subparagraph (A),
each State regulatory authority and each nonregulated utility
shall consider--
``(i) separating fixed-cost revenue recovery from the
volume of transportation or sales service provided to the
customer;
``(ii) providing to utilities incentives for the successful
management of energy efficiency programs, such as allowing
utilities to retain a portion of the cost-reducing benefits
accruing from the programs;
``(iii) promoting the impact on adoption of energy
efficiency as 1 of the goals of retail

[[Page S7478]]

rate design, recognizing that energy efficiency must be
balanced with other objectives; and
``(iv) adopting rate designs that encourage energy
efficiency for each customer class.''.

SEC. 274. ENERGY EFFICIENCY AND DEMAND RESPONSE PROGRAM
ASSISTANCE.

The Secretary shall provide technical assistance regarding
the design and implementation of the energy efficiency and
demand response programs established under this title, and
the amendments made by this title, to State energy offices,
public utility regulatory commissions, and nonregulated
utilities through the appropriate national laboratories of
the Department of Energy.

SEC. 275. ENERGY AND ENVIRONMENTAL BLOCK GRANT.

Title I of the Housing and Community Development Act of
1974 (42 U.S.C. 5301 et seq.) is amended by adding at the end
the following:

``SEC. 123. ENERGY AND ENVIRONMENTAL BLOCK GRANT.

``(a) Definitions.--In this section
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) an eligible unit of local government within a State;
and
``(C) an Indian tribe.
``(2) Eligible unit of local government.--The term
`eligible unit of local government' means--
``(A) a city with a population--
``(i) of at least 35,000; or
``(ii) that causes the city to be 1 of the top 10 most
populous cities of the State in which the city is located;
and
``(B) a county with a population--
``(i) of at least 200,000; or
``(ii) that causes the county to be 1 of the top 10 most
populous counties of the State in which the county is
located.
``(3) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(4) State.--The term `State' means--
``(A) a State;
``(B) the District of Columbia;
``(C) the Commonwealth of Puerto Rico; and
``(D) any other territory or possession of the United
States.
``(b) Purpose.--The purpose of this section is to assist
State and local governments in implementing strategies--
``(1) to reduce fossil fuel emissions created as a result
of activities within the boundaries of the States or units of
local government;
``(2) to reduce the total energy use of the States and
units of local government; and
``(3) to improve energy efficiency in the transportation
sector, building sector, and any other appropriate sectors.
``(c)  Program.--
``(1) In general.--The Secretary shall provide to eligible
entities block grants to carry out eligible activities (as
specified under paragraph (2)) relating to the implementation
of environmentally beneficial energy strategies.
``(2) Eligible activities.--The Secretary, in consultation
with the Administrator of the Environmental Protection
Agency, the Secretary of Transportation, and the Secretary of
Housing and Urban Development, shall establish a list of
activities that are eligible for assistance under the grant
program.
``(3) Allocation to states and eligible units of local
government.--
``(A) In general.--Of the amounts made available to provide
grants under this subsection, the Secretary shall allocate--
``(i) 70 percent to eligible units of local government; and
``(ii) 30 percent to States.
``(B) Distribution to eligible units of local government.--
``(i) In general.--The Secretary shall establish a formula
for the distribution of amounts under subparagraph (A)(i) to
eligible units of local government, taking into account any
factors that the Secretary determines to be appropriate,
including the residential and daytime population of the
eligible units of local government.
``(ii) Criteria.--Amounts shall be distributed to eligible
units of local government under clause (i) only if the
eligible units of local government meet the criteria for
distribution established by the Secretary for units of local
government.
``(C) Distribution to states.--
``(i) In general.--Of the amounts provided to States under
subparagraph (A)(ii), the Secretary shall distribute--

``(I) at least 1.25 percent to each State; and
``(II) the remainder among the States, based on a formula,
to be determined by the Secretary, that takes into account
the population of the States and any other criteria that the
Secretary determines to be appropriate.

``(ii) Criteria.--Amounts shall be distributed to States
under clause (i) only if the States meet the criteria for
distribution established by the Secretary for States.
``(iii) Limitation on use of state funds.--At least 40
percent of the amounts distributed to States under this
subparagraph shall be used by the States for the conduct of
eligible activities in nonentitlement areas in the States, in
accordance with any criteria established by the Secretary.
``(4) Report.--Not later than 2 years after the date on
which an eligible entity first receives a grant under this
section, and every 2 years thereafter, the eligible entity
shall submit to the Secretary a report that describes any
eligible activities carried out using assistance provided
under this subsection.
``(5) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection for each of fiscal years 2008
through 2012.
``(d) Environmentally Beneficial Energy Strategies
Supplemental Grant Program.--
``(1) In general.--The Secretary shall provide to each
eligible entity that meets the applicable criteria under
subparagraph (B)(ii) or (C)(ii) of subsection (c)(3) a
supplemental grant to pay the Federal share of the total
costs of carrying out an activity relating to the
implementation of an environmentally beneficial energy
strategy.
``(2) Requirements.--To be eligible for a grant under
paragraph (1), an eligible entity shall--
``(A) demonstrate to the satisfaction of the Secretary that
the eligible entity meets the applicable criteria under
subparagraph (B)(ii) or (C)(ii) of subsection (c)(3); and
``(B) submit to the Secretary for approval a plan that
describes the activities to be funded by the grant.
``(3) Cost-sharing requirement.--
``(A) Federal share.--The Federal share of the cost of
carrying out any activities under this subsection shall be 75
percent.
``(B) Non-federal share.--
``(i) Form.--Not more than 50 percent of the non-Federal
share may be in the form of in-kind contributions.
``(ii) Limitation.--Amounts provided to an eligible entity
under subsection (c) shall not be used toward the non-Federal
share.
``(4) Maintenance of effort.--An eligible entity shall
provide assurances to the Secretary that funds provided to
the eligible entity under this subsection will be used only
to supplement, not to supplant, the amount of Federal, State,
and local funds otherwise expended by the eligible entity for
eligible activities under this subsection.
``(5) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection for each of fiscal years 2008
through 2012.
``(e) Grants to Other States and Communities.--
``(1) In general.--Of the total amount of funds that are
made available each fiscal year to carry out this section,
the Secretary shall use 2 percent of the amount to make
competitive grants under this section to States and units of
local government that are not eligible entities or to
consortia of such units of local government.
``(2) Applications.--To be eligible for a grant under this
subsection, a State, unit of local government, or consortia
described in paragraph (1) shall apply to the Secretary for a
grant to carry out an activity that would otherwise be
eligible for a grant under subsection (c) or (d).
``(3) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to--
``(A) States with populations of less than 2,000,000; and
``(B) projects that would result in significant energy
efficiency improvements, reductions in fossil fuel use, or
capital improvements.''.

SEC. 276. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS FOR
INSTITUTIONS OF HIGHER EDUCATION.

Part G of title III of the Energy Policy and Conservation
Act is amended by inserting after section 399 (42 U.S.C.
371h) the following:

``SEC. 399A. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS FOR
INSTITUTIONS OF HIGHER EDUCATION.

``(a) Definitions.--In this section:
``(1) Energy sustainability.--The term `energy
sustainability' includes using a renewable energy resource
and a highly efficient technology for electricity generation,
transportation, heating, or cooling.
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 2 of the Energy Policy Act of 2005 (42 U.S.C.
15801).
``(b) Grants for Energy Efficiency Improvement.--
``(1) In general.--The Secretary shall award not more than
100 grants to institutions of higher education to carry out
projects to improve energy efficiency on the grounds and
facilities of the institution of higher education, including
not less than 1 grant to an institution of higher education
in each State.
``(2) Condition.--As a condition of receiving a grant under
this subsection, an institution of higher education shall
agree to--
``(A) implement a public awareness campaign concerning the
project in the community in which the institution of higher
education is located; and
``(B) submit to the Secretary, and make available to the
public, reports on any efficiency improvements, energy cost
savings, and environmental benefits achieved as part of a
project carried out under paragraph (1).
``(c) Grants for Innovation in Energy Sustainability.--
``(1) In general.--The Secretary shall award not more than
250 grants to institutions of higher education to engage in
innovative energy sustainability projects, including not less
than 2 grants to institutions of higher education in each
State.
``(2) Innovation projects.--An innovation project carried
out with a grant under this subsection shall--

[[Page S7479]]

``(A) involve--
``(i) an innovative technology that is not yet commercially
available; or
``(ii) available technology in an innovative application
that maximizes energy efficiency and sustainability;
``(B) have the greatest potential for testing or
demonstrating new technologies or processes; and
``(C) ensure active student participation in the project,
including the planning, implementation, evaluation, and other
phases of the project.
``(3) Condition.--As a condition of receiving a grant under
this subsection, an institution of higher education shall
agree to submit to the Secretary, and make available to the
public, reports that describe the results of the projects
carried out under paragraph (1).
``(d) Awarding of Grants.--
``(1) Application.--An institution of higher education that
seeks to receive a grant under this section may submit to the
Secretary an application for the grant at such time, in such
form, and containing such information as the Secretary may
prescribe.
``(2) Selection.--The Secretary shall establish a committee
to assist in the selection of grant recipients under this
section.
``(e) Allocation to Institutions of Higher Education With
Small Endowments.--Of the amount of grants provided for a
fiscal year under this section, the Secretary shall provide
not less 50 percent of the amount to institutions of higher
education that have an endowment of not more than
$100,000,000, with 50 percent of the allocation set aside for
institutions of higher education that have an endowment of
not more than $50,000,000.
``(f) Grant Amounts.--The maximum amount of grants for a
project under this section shall not exceed--
``(1) in the case of grants for energy efficiency
improvement under subsection (b), $1,000,000; or
``(2) in the case of grants for innovation in energy
sustainability under subsection (c), $500,000.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section for each of fiscal years 2008 through
2012.''.

SEC. 277. WORKFORCE TRAINING.

Section 1101 of the Energy Policy Act of 2005 (42 U.S.C.
16411) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Workforce Training.--
``(1) In general.--The Secretary, in cooperation with the
Secretary of Labor, shall promulgate regulations to implement
a program to provide workforce training to meet the high
demand for workers skilled in the energy efficiency and
renewable energy industries.
``(2) Consultation.--In carrying out this subsection, the
Secretary shall consult with representatives of the energy
efficiency and renewable energy industries concerning skills
that are needed in those industries.''.

SEC. 278. ASSISTANCE TO STATES TO REDUCE SCHOOL BUS IDLING.

(a) Statement of Policy.--Congress encourages each local
educational agency (as defined in section 9101(26) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(26))) that receives Federal funds under the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)
to develop a policy to reduce the incidence of school bus
idling at schools while picking up and unloading students.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary, working in coordination
with the Secretary of Education, $5,000,000 for each of
fiscal years 2007 through 2012 for use in educating States
and local education agencies about--
(1) benefits of reducing school bus idling; and
(2) ways in which school bus idling may be reduced.

TITLE III--CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION

SEC. 301. SHORT TITLE.

This title may be cited as the ``Carbon Capture and
Sequestration Act of 2007''.

SEC. 302. CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT,
AND DEMONSTRATION PROGRAM.

Section 963 of the Energy Policy Act of 2005 (42 U.S.C.
16293) is amended--
(1) in the section heading, by striking ``research and
development'' and inserting ``and storage research,
development, and demonstration'';
(2) in subsection (a)--
(A) by striking ``research and development'' and inserting
``and storage research, development, and demonstration''; and
(B) by striking ``capture technologies on combustion-based
systems'' and inserting ``capture and storage technologies
related to energy systems'';
(3) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) to expedite and carry out large-scale testing of
carbon sequestration systems in a range of geological
formations that will provide information on the cost and
feasibility of deployment of sequestration technologies.'';
and
(4) by striking subsection (c) and inserting the following:
``(c) Programmatic Activities.--
``(1) Energy research and development underlying carbon
capture and storage technologies and carbon use activities.--
``(A) In general.--The Secretary shall carry out
fundamental science and engineering research (including
laboratory-scale experiments, numeric modeling, and
simulations) to develop and document the performance of new
approaches to capture and store, recycle, or reuse carbon
dioxide.
``(B) Program integration.--The Secretary shall ensure that
fundamental research carried out under this paragraph is
appropriately applied to energy technology development
activities, the field testing of carbon sequestration, and
carbon use activities, including--
``(i) development of new or improved technologies for the
capture of carbon dioxide;
``(ii) development of new or improved technologies that
reduce the cost and increase the efficacy of the compression
of carbon dioxide required for the storage of carbon dioxide;
``(iii) modeling and simulation of geological sequestration
field demonstrations;
``(iv) quantitative assessment of risks relating to
specific field sites for testing of sequestration
technologies; and
``(v) research and development of new and improved
technologies for carbon use, including recycling and reuse of
carbon dioxide.
``(2) Carbon capture demonstration project.--
``(A) In general.--The Secretary shall carry out a
demonstration of large-scale carbon dioxide capture from an
appropriate gasification facility selected by the Secretary.
``(B) Link to storage activities.--The Secretary may
require the use of carbon dioxide from the project carried
out under subparagraph (A) in a field testing validation
activity under this section.
``(3) Field validation testing activities.--
``(A) In general.--The Secretary shall promote, to the
maximum extent practicable, regional carbon sequestration
partnerships to conduct geologic sequestration tests
involving carbon dioxide injection and monitoring,
mitigation, and verification operations in a variety of
candidate geological settings, including--
``(i) operating oil and gas fields;
``(ii) depleted oil and gas fields;
``(iii) unmineable coal seams;
``(iv) deep saline formations;
``(v) deep geological systems that may be used as
engineered reservoirs to extract economical quantities of
heat from geothermal resources of low permeability or
porosity; and
``(vi) deep geologic systems containing basalt formations.
``(B) Objectives.--The objectives of tests conducted under
this paragraph shall be--
``(i) to develop and validate geophysical tools, analysis,
and modeling to monitor, predict, and verify carbon dioxide
containment;
``(ii) to validate modeling of geological formations;
``(iii) to refine storage capacity estimated for particular
geological formations;
``(iv) to determine the fate of carbon dioxide concurrent
with and following injection into geological formations;
``(v) to develop and implement best practices for
operations relating to, and monitoring of, injection and
storage of carbon dioxide in geologic formations;
``(vi) to assess and ensure the safety of operations
related to geological storage of carbon dioxide; and
``(vii) to allow the Secretary to promulgate policies,
procedures, requirements, and guidance to ensure that the
objectives of this subparagraph are met in large-scale
testing and deployment activities for carbon capture and
storage that are funded by the Department of Energy.
``(4) Large-scale testing and deployment.--
``(A) In general.--The Secretary shall conduct not less
than 7 initial large-volume sequestration tests for
geological containment of carbon dioxide (at least 1 of which
shall be international in scope) to validate information on
the cost and feasibility of commercial deployment of
technologies for geological containment of carbon dioxide.
``(B) Diversity of formations to be studied.--In selecting
formations for study under this paragraph, the Secretary
shall consider a variety of geological formations across the
United States, and require characterization and modeling of
candidate formations, as determined by the Secretary.
``(5) Preference in project selection from meritorious
proposals.--In making competitive awards under this
subsection, subject to the requirements of section 989, the
Secretary shall give preference to proposals from
partnerships among industrial, academic, and government
entities.
``(6) Cost sharing.--Activities under this subsection shall
be considered research and development activities that are
subject to the cost-sharing requirements of section 988(b).
``(7) Program review and report.--During fiscal year 2011,
the Secretary shall--
``(A) conduct a review of programmatic activities carried
out under this subsection; and
``(B) make recommendations with respect to continuation of
the activities.

[[Page S7480]]

``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $150,000,000 for fiscal year 2008;
``(2) $200,000,000 for fiscal year 2009;
``(3) $200,000,000 for fiscal year 2010;
``(4) $180,000,000 for fiscal year 2011; and
``(5) $165,000,000 for fiscal year 2012.''.

SEC. 303. CARBON DIOXIDE STORAGE CAPACITY ASSESSMENT.

(a) Definitions.--In this section
(1) Assessment.--The term ``assessment'' means the national
assessment of capacity for carbon dioxide completed under
subsection (f).
(2) Capacity.--The term ``capacity'' means the portion of a
storage formation that can retain carbon dioxide in
accordance with the requirements (including physical,
geological, and economic requirements) established under the
methodology developed under subsection (b).
(3) Engineered hazard.--The term ``engineered hazard''
includes the location and completion history of any well that
could affect potential storage.
(4) Risk.--The term ``risk'' includes any risk posed by
geomechanical, geochemical, hydrogeological, structural, and
engineered hazards.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
(6) Storage formation.--The term ``storage formation''
means a deep saline formation, unmineable coal seam, or oil
or gas reservoir that is capable of accommodating a volume of
industrial carbon dioxide.
(b) Methodology.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a
methodology for conducting an assessment under subsection
(f), taking into consideration--
(1) the geographical extent of all potential storage
formations in all States;
(2) the capacity of the potential storage formations;
(3) the injectivity of the potential storage formations;
(4) an estimate of potential volumes of oil and gas
recoverable by injection and storage of industrial carbon
dioxide in potential storage formations;
(5) the risk associated with the potential storage
formations; and
(6) the Carbon Sequestration Atlas of the United States and
Canada that was completed by the Department of Energy in
April 2006.
(c) Coordination.--
(1) Federal coordination.--
(A) Consultation.--The Secretary shall consult with the
Secretary of Energy and the Administrator of the
Environmental Protection Agency on issues of data sharing,
format, development of the methodology, and content of the
assessment required under this title to ensure the maximum
usefulness and success of the assessment.
(B) Cooperation.--The Secretary of Energy and the
Administrator shall cooperate with the Secretary to ensure,
to the maximum extent practicable, the usefulness and success
of the assessment.
(2) State coordination.--The Secretary shall consult with
State geological surveys and other relevant entities to
ensure, to the maximum extent practicable, the usefulness and
success of the assessment.
(d) External Review and Publication.--On completion of the
methodology under subsection (b), the Secretary shall--
(1) publish the methodology and solicit comments from the
public and the heads of affected Federal and State agencies;
(2) establish a panel of individuals with expertise in the
matters described in paragraphs (1) through (5) of subsection
(b) composed, as appropriate, of representatives of Federal
agencies, institutions of higher education, nongovernmental
organizations, State organizations, industry, and
international geoscience organizations to review the
methodology and comments received under paragraph (1); and
(3) on completion of the review under paragraph (2),
publish in the Federal Register the revised final
methodology.
(e) Periodic Updates.--The methodology developed under this
section shall be updated periodically (including at least
once every 5 years) to incorporate new data as the data
becomes available.
(f) National Assessment.--
(1) In general.--Not later than 2 years after the date of
publication of the methodology under subsection (d)(1), the
Secretary, in consultation with the Secretary of Energy and
State geological surveys, shall complete a national
assessment of capacity for carbon dioxide in accordance with
the methodology.
(2) Geological verification.--As part of the assessment
under this subsection, the Secretary shall carry out a
drilling program to supplement the geological data relevant
to determining storage capacity of carbon dioxide in
geological storage formations, including--
(A) well log data;
(B) core data; and
(C) fluid sample data.
(3) Partnership with other drilling programs.--As part of
the drilling program under paragraph (2), the Secretary shall
enter, as appropriate, into partnerships with other entities
to collect and integrate data from other drilling programs
relevant to the storage of carbon dioxide in geologic
formations.
(4) Incorporation into natcarb.--
(A) In general.--On completion of the assessment, the
Secretary of Energy shall incorporate the results of the
assessment using the NatCarb database, to the maximum extent
practicable.
(B) Ranking.--The database shall include the data necessary
to rank potential storage sites for capacity and risk, across
the United States, within each State, by formation, and
within each basin.
(5) Report.--Not later than 180 days after the date on
which the assessment is completed, the Secretary shall submit
to the Committee on Energy and Natural Resources of the
Senate and the Committee on Science and Technology of the
House of Representatives a report describing the findings
under the assessment.
(6) Periodic updates.--The national assessment developed
under this section shall be updated periodically (including
at least once every 5 years) to support public and private
sector decisionmaking.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $30,000,000 for
the period of fiscal years 2008 through 2012.

SEC. 304. CARBON CAPTURE AND STORAGE INITIATIVE.

(a) Definitions.--In this section:
(1) Industrial sources of carbon dioxide.--The term
``industrial sources of carbon dioxide'' means one or more
facilities to--
(A) generate electric energy from fossil fuels;
(B) refine petroleum;
(C) manufacture iron or steel;
(D) manufacture cement or cement clinker;
(E) manufacture commodity chemicals (including from coal
gasification); or
(F) manufacture transportation fuels from coal.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Program Establishment.--
(1) In general.--The Secretary shall carry out a program to
demonstrate technologies for the large-scale capture of
carbon dioxide from industrial sources of carbon dioxide.
(2) Scope of award.--An award under this section shall be
only for the portion of the project that carries out the
large-scale capture (including purification and compression)
of carbon dioxide, as well as the cost of transportation and
injection of carbon dioxide.
(3) Qualifications for award.--To be eligible for an award
under this section, a project proposal must include the
following:
(A) Capacity.--The capture of not less than eighty-five
percent of the produced carbon dioxide at the facility, and
not less than 500,000 short tons of carbon dioxide per year.
(B) Storage agreement.--A binding agreement for the storage
of all of the captured carbon dioxide in--
(i) a field testing validation activity under section 963
of the Energy Policy Act of 2005, as amended by this Act; or
(ii) other geological storage projects approved by the
Secretary.
(C) Purity level.--A purity level of at least 95 percent
for the captured carbon dioxide delivered for storage.
(D) Commitment to continued operation of successful unit.--
If the project successfully demonstrates capture and storage
of carbon dioxide, a commitment to continued capture and
storage of carbon dioxide after the conclusion of the
demonstration.
(4) Cost-sharing.--The cost-sharing requirements of section
988 of the Energy Policy Act of 2005 shall apply to this
section.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$100,000,000 per year for fiscal years 2009 through 2013.

TITLE IV--COST-EFFECTIVE AND ENVIRONMENTALLY SUSTAINABLE PUBLIC
BUILDINGS

Subtitle A--Public Buildings Cost Reduction

SEC. 401. SHORT TITLE.

This subtitle may be cited as the ``Public Buildings Cost
Reduction Act of 2007''.

SEC. 402. COST-EFFECTIVE TECHNOLOGY ACCELERATION PROGRAM.

(a) Establishment.--
(1) In general.--The Administrator of General Services
(referred to in this section as the ``Administrator'') shall
establish a program to accelerate the use of more cost-
effective technologies and practices at GSA facilities.
(2) Requirements.--The program established under this
subsection shall--
(A) ensure centralized responsibility for the coordination
of cost reduction recommendations, practices, and activities
of all relevant Federal agencies;
(B) provide technical assistance and operational guidance
to applicable tenants in order to achieve the goals
identified in subsection (c)(2)(A); and
(C) establish methods to track the success of departments
and agencies with respect to the goals identified in
subsection (c)(2)(A).
(b) Accelerated Use of Cost-Effective Lighting
Technologies.--
(1) Review.--
(A) In general.--As part of the program under this
subsection, not later than 90 days after the date of
enactment of this Act, the Administrator shall conduct a
review of--
(i) current use of cost-effective lighting technologies in
GSA facilities; and
(ii) the availability to managers of GSA facilities of
cost-effective lighting technologies.
(B) Requirements.--The review under subparagraph (A)
shall--

[[Page S7481]]

(i) examine the use of cost-effective lighting technologies
and other cost-effective technologies and practices by
Federal agencies in GSA facilities; and
(ii) identify, in consultation with the Environmental
Protection Agency, cost-effective lighting technology
standards that could be used for all types of GSA facilities.
(2) Replacement.--
(A) In general.--As part of the program under this
subsection, not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a
cost-effective lighting technology acceleration program to
achieve maximum feasible replacement of existing lighting
technologies with more cost-effective lighting technologies
in each GSA facility using available appropriations.
(B) Acceleration plan timetable.--
(i) In general.--To implement the program established under
subparagraph (A), not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a
timetable including milestones for specific activities needed
to replace existing lighting technologies with more cost-
effective lighting technologies, to the maximum extent
feasible (including at the maximum rate feasible), at each
GSA facility.
(ii) Goal.--The goal of the timetable under clause (i)
shall be to complete, using available appropriations, maximum
feasible replacement of existing lighting technologies with
more cost-effective lighting technologies by not later than
the date that is 5 years after the date of enactment of this
Act.
(c) GSA Facility Cost-Effective Technologies and
Practices.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the
Administrator shall--
(1) ensure that a manager responsible for accelerating the
use of cost-effective technologies and practices is
designated for each GSA facility; and
(2) submit to Congress a plan, to be implemented to the
maximum extent feasible (including at the maximum rate
feasible) using available appropriations, by not later than
the date that is 5 years after the date of enactment of this
Act, that--
(A) identifies the specific activities needed to achieve a
20-percent reduction in operational costs through the
application of cost-effective technologies and practices from
2003 levels at GSA facilities by not later than 5 years after
the date of enactment of this Act;
(B) describes activities required and carried out to
estimate the funds necessary to achieve the reduction
described in subparagraph (A);
(C) describes the status of the implementation of cost-
effective technologies and practices at GSA facilities,
including--
(i) the extent to which programs, including the program
established under subsection (b), are being carried out in
accordance with this subtitle; and
(ii) the status of funding requests and appropriations for
those programs;
(D) identifies within the planning, budgeting, and
construction process all types of GSA facility-related
procedures that inhibit new and existing GSA facilities from
implementing cost-effective technologies and practices;
(E) recommends language for uniform standards for use by
Federal agencies in implementing cost-effective technologies
and practices;
(F) in coordination with the Office of Management and
Budget, reviews the budget process for capital programs with
respect to alternatives for--
(i) permitting Federal agencies to retain all identified
savings accrued as a result of the use of cost-effective
technologies and practices; and
(ii) identifying short- and long-term cost savings that
accrue from cost-effective technologies and practices;
(G) achieves cost savings through the application of cost-
effective technologies and practices sufficient to pay the
incremental additional costs of installing the cost-effective
technologies and practices by not later than the date that is
5 years after the date of installation; and
(H) includes recommendations to address each of the
matters, and a plan for implementation of each
recommendation, described in subparagraphs (A) through (G).
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section, to remain available until expended.

SEC. 403. ENVIRONMENTAL PROTECTION AGENCY DEMONSTRATION GRANT
PROGRAM FOR LOCAL GOVERNMENTS.

(a) Grant Program.--
(1) In general.--The Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator'') shall establish a demonstration program
under which the Administrator shall provide competitive
grants to assist local governments (such as municipalities
and counties), with respect to local government buildings--
(A) to deploy cost-effective technologies and practices;
and
(B) to achieve operational cost savings, through the
application of cost-effective technologies and practices, as
verified by the Administrator.
(2) Cost sharing.--
(A) In general.--The Federal share of the cost of an
activity carried out using a grant provided under this
section shall be 40 percent.
(B) Waiver of non-federal share.--The Administrator may
waive up to 100 percent of the local share of the cost of any
grant under this section should the Administrator determine
that the community is economically distressed, pursuant to
objective economic criteria established by the Administrator
in published guidelines.
(3) Maximum amount.--The amount of a grant provided under
this subsection shall not exceed $1,000,000.
(b) Guidelines.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall issue
guidelines to implement the grant program established under
subsection (a).
(2) Requirements.--The guidelines under paragraph (1) shall
establish--
(A) standards for monitoring and verification of
operational cost savings through the application of cost-
effective technologies and practices reported by grantees
under this section;
(B) standards for grantees to implement training programs,
and to provide technical assistance and education, relating
to the retrofit of buildings using cost-effective
technologies and practices; and
(C) a requirement that each local government that receives
a grant under this section shall achieve facility-wide cost
savings, through renovation of existing local government
buildings using cost-effective technologies and practices, of
at least 40 percent as compared to the baseline operational
costs of the buildings before the renovation (as calculated
assuming a 3-year, weather-normalized average).
(c) Compliance With State and Local Law.--Nothing in this
section or any program carried out using a grant provided
under this section supersedes or otherwise affects any State
or local law, to the extent that the State or local law
contains a requirement that is more stringent than the
relevant requirement of this section.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
each of fiscal years 2007 through 2012.
(e) Reports.--
(1) In general.--The Administrator shall provide annual
reports to Congress on cost savings achieved and actions
taken and recommendations made under this section, and any
recommendations for further action.
(2) Final report.--The Administrator shall issue a final
report at the conclusion of the program, including findings,
a summary of total cost savings achieved, and recommendations
for further action.
(f) Termination.--The program under this section shall
terminate on September 30, 2012.

SEC. 404. DEFINITIONS.

In this subtitle:
(1) Cost-effective lighting technology.--
(A) In general.--The term ``cost-effective lighting
technology'' means a lighting technology that--
(i) will result in substantial operational cost savings by
ensuring an installed consumption of not more than 1 watt per
square foot; or
(ii) is contained in a list under--

(I) section 553 of Public Law 95-619 (42 U.S.C. 8259b); and
(II) Federal acquisition regulation 23-203.

(B) Inclusions.--The term ``cost-effective lighting
technology'' includes--
(i) lamps;
(ii) ballasts;
(iii) luminaires;
(iv) lighting controls;
(v) daylighting; and
(vi) early use of other highly cost-effective lighting
technologies.
(2) Cost-effective technologies and practices.--The term
``cost-effective technologies and practices'' means a
technology or practice that--
(A) will result in substantial operational cost savings by
reducing utility costs; and
(B) complies with the provisions of section 553 of Public
Law 95-619 (42 U.S.C. 8259b) and Federal acquisition
regulation 23-203.
(3) Operational cost savings.--
(A) In general.--The term ``operational cost savings''
means a reduction in end-use operational costs through the
application of cost-effective technologies and practices,
including a reduction in electricity consumption relative to
consumption by the same customer or at the same facility in a
given year, as defined in guidelines promulgated by the
Administrator pursuant to section 403(b), that achieves cost
savings sufficient to pay the incremental additional costs of
using cost-effective technologies and practices by not later
than the date that is 5 years after the date of installation.
(B) Inclusions.--The term ``operational cost savings''
includes savings achieved at a facility as a result of--
(i) the installation or use of cost-effective technologies
and practices; or
(ii) the planting of vegetation that shades the facility
and reduces the heating, cooling, or lighting needs of the
facility.
(C) Exclusion.--The term ``operational cost savings'' does
not include savings from measures that would likely be
adopted in the absence of cost-effective technology and
practices programs, as determined by the Administrator.
(4) GSA facility.--
(A) In general.--The term ``GSA facility'' means any
building, structure, or facility, in whole or in part
(including the associated

[[Page S7482]]

support systems of the building, structure, or facility)
that--
(i) is constructed (including facilities constructed for
lease), renovated, or purchased, in whole or in part, by the
Administrator for use by the Federal Government; or
(ii) is leased, in whole or in part, by the Administrator
for use by the Federal Government--

(I) except as provided in subclause (II), for a term of not
less than 5 years; or
(II) for a term of less than 5 years, if the Administrator
determines that use of cost-effective technologies and
practices would result in the payback of expenses.

(B) Inclusion.--The term ``GSA facility'' includes any
group of buildings, structures, or facilities described in
subparagraph (A) (including the associated energy-consuming
support systems of the buildings, structures, and
facilities).
(C) Exemption.--The Administrator may exempt from the
definition of ``GSA facility'' under this paragraph a
building, structure, or facility that meets the requirements
of section 543(c) of Public Law 95-619 (42 U.S.C. 8253(c)).

Subtitle B--Installation of Photovoltaic System at Department of Energy
Headquarters Building

SEC. 411. 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,
Southwest, Washington, D.C., 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 alterations 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 C--High-Performance Green Buildings

SEC. 421. SHORT TITLE.

This subtitle may be cited as the ``High-Performance Green
Buildings Act of 2007''.

SEC. 422. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds that--
(1) high-performance green buildings--
(A) reduce energy, water, and material resource use and the
generation of waste;
(B) improve indoor environmental quality, and protect
indoor air quality by, for example, using materials that emit
fewer or no toxic chemicals into the indoor air;
(C) improve thermal comfort;
(D) improve lighting and the acoustic environment;
(E) improve the health and productivity of individuals who
live and work in the buildings;
(F) improve indoor and outdoor impacts of the buildings on
human health and the environment;
(G) increase the use of environmentally preferable
products, including biobased, recycled, and nontoxic products
with lower lifecycle impacts; and
(H) increase opportunities for reuse of materials and for
recycling;
(2) during the planning, design, and construction of a
high-performance green building, the environmental and energy
impacts of building location and site design, the
minimization of energy and materials use, and the
environmental impacts of the building are considered;
(3) according to the United States Green Building Council,
certified green buildings, as compared to conventional
buildings--
(A) use an average of 36 percent less total energy (and in
some cases up to 50 to 70 percent less total energy);
(B) use 30 percent less water; and
(C) reduce waste costs, often by 50 to 90 percent;
(4) the benefits of high-performance green buildings are
important, because in the United States, buildings are
responsible for approximately--
(A) 39 percent of primary energy use;
(B) 12 percent of potable water use;
(C) 136,000,000 tons of building-related construction and
demolition debris;
(D) 70 percent of United States resource consumption; and
(E) 70 percent of electricity consumption;
(5) green building certification programs can be highly
beneficial by disseminating up-to-date information and
expertise regarding high-performance green buildings, and by
providing third-party verification of green building design,
practices, and materials, and other aspects of buildings; and
(6) a July 2006 study completed for the General Services
Administration, entitled ``Sustainable Building Rating
Systems Summary,'' concluded that--
(A) green building standards are an important means to
encourage better practices;
(B) the Leadership in Energy and Environmental Design
(LEED) standard for green building certification is
``currently the dominant system in the United States market
and is being adapted to multiple markets worldwide''; and
(C) there are other useful green building certification or
rating programs in various stages of development and
adoption, including the Green Globes program and other rating
systems.
(b) Purposes.--The purposes of this subtitle are--
(1) to encourage the Federal Government to act as an
example for State and local governments, the private sector,
and individuals by building high-performance green buildings
that reduce energy use and environmental impacts;
(2) to establish an Office within the General Services
Administration, and a Green Building Advisory Committee, to
advance the goals of conducting research and development and
public outreach, and to move the Federal Government toward
construction of high-performance green buildings;
(3) to encourage States, local governments, and school
systems to site, build, renovate, and operate high-
performance green schools through the adoption of voluntary
guidelines for those schools, the dissemination of grants,
and the adoption of environmental health plans and programs;
(4) to strengthen Federal leadership on high-performance
green buildings through the adoption of incentives for high-
performance green buildings, and improved green procurement
by Federal agencies; and
(5) to demonstrate that high-performance green buildings
can and do provide significant benefits, in order to
encourage wider adoption of green building practices, through
the adoption of demonstration projects.

SEC. 423. DEFINITIONS.

In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Committee.--The term ``Committee'' means the Green
Building Advisory Committee established under section 433(a).
(3) Director.--The term ``Director'' means the individual
appointed to the position established under section 431(a).
(4) Federal facility.--
(A) In general.--The term ``Federal facility'' means any
building or facility the intended use of which requires the
building or facility to be--
(i) accessible to the public; and
(ii) constructed or altered by or on behalf of the United
States.
(B) Exclusions.--The term ``Federal facility'' does not
include a privately-owned residential or commercial structure
that is not leased by the Federal Government.
(5) High-performance green building.--The term ``high-
performance green building'' means a building--
(A) that, during its life-cycle--
(i) reduces energy, water, and material resource use and
the generation of waste;
(ii) improves indoor environmental quality, including
protecting indoor air quality during construction, using low-
emitting materials, improving thermal comfort, and improving
lighting and acoustic environments that affect occupant
health and productivity;
(iii) improves indoor and outdoor impacts of the building
on human health and the environment;
(iv) increases the use of environmentally preferable
products, including biobased, recycled content, and nontoxic
products with lower life-cycle impacts;
(v) increases reuse and recycling opportunities; and
(vi) integrates systems in the building; and
(B) for which, during its planning, design, and
construction, the environmental and energy impacts of
building location and site design are considered.
(6) Life cycle.--The term ``life cycle'', with respect to a
high-performance green building, means all stages of the
useful life of the building (including components, equipment,
systems, and controls of the building) beginning at
conception of a green building project and continuing through
site selection, design, construction, landscaping,
commissioning, operation, maintenance, renovation,
deconstruction or demolition, removal, and recycling of the
green building.
(7) Life-cycle assessment.--The term ``life-cycle
assessment'' means a comprehensive system approach for
measuring the environmental performance of a product or
service over the life of the product or service, beginning at
raw materials acquisition and continuing through
manufacturing, transportation, installation, use, reuse, and
end-of-life waste management.
(8) Life-cycle costing.--The term ``life-cycle costing'',
with respect to a high-performance green building, means a
technique of economic evaluation that--
(A) sums, over a given study period, the costs of initial
investment (less resale value), replacements, operations
(including energy use), and maintenance and repair of an
investment decision; and
(B) is expressed--
(i) in present value terms, in the case of a study period
equivalent to the longest useful life of the building,
determined by taking into consideration the typical life of
such a building in the area in which the building is to be
located; or
(ii) in annual value terms, in the case of any other study
period.
(9) Office.--The term ``Office'' means the Office of High-
Performance Green Buildings established under section 432(a).

[[Page S7483]]

PART I--OFFICE OF HIGH-PERFORMANCE GREEN BUILDINGS

SEC. 431. OVERSIGHT.

(a) In General.--The Administrator shall establish within
the General Services Administration, and appoint an
individual to serve as Director in, a position in the career-
reserved Senior Executive service, to--
(1) establish and manage the Office in accordance with
section 432; and
(2) carry out other duties as required under this subtitle.
(b) Compensation.--The compensation of the Director shall
not exceed the maximum rate of basic pay for the Senior
Executive Service under section 5382 of title 5, United
States Code, including any applicable locality-based
comparability payment that may be authorized under section
5304(h)(2)(C) of that title.

SEC. 432. OFFICE OF HIGH-PERFORMANCE GREEN BUILDINGS.

(a) Establishment.--The Director shall establish within the
General Services Administration an Office of High-Performance
Green Buildings.
(b) Duties.--The Director shall--
(1) ensure full coordination of high-performance green
building information and activities within the General
Services Administration and all relevant Federal agencies,
including, at a minimum--
(A) the Environmental Protection Agency;
(B) the Office of the Federal Environmental Executive;
(C) the Office of Federal Procurement Policy;
(D) the Department of Energy;
(E) the Department of Health and Human Services;
(F) the Department of Defense; and
(G) such other Federal agencies as the Director considers
to be appropriate;
(2) establish a senior-level green building advisory
committee, which shall provide advice and recommendations in
accordance with section 433;
(3) identify and biennially reassess improved or higher
rating standards recommended by the Committee;
(4) establish a national high-performance green building
clearinghouse in accordance with section 434, which shall
provide green building information through--
(A) outreach;
(B) education; and
(C) the provision of technical assistance;
(5) ensure full coordination of research and development
information relating to high-performance green building
initiatives under section 435;
(6) identify and develop green building standards that
could be used for all types of Federal facilities in
accordance with section 435;
(7) establish green practices that can be used throughout
the life of a Federal facility;
(8) review and analyze current Federal budget practices and
life-cycle costing issues, and make recommendations to
Congress, in accordance with section 436; and
(9) complete and submit the report described in subsection
(c).
(c) Report.--Not later than 2 years after the date of
enactment of this Act, and biennially thereafter, the
Director shall submit to Congress a report that--
(1) describes the status of the green building initiatives
under this subtitle and other Federal programs in effect as
of the date of the report, including--
(A) the extent to which the programs are being carried out
in accordance with this subtitle; and
(B) the status of funding requests and appropriations for
those programs;
(2) identifies within the planning, budgeting, and
construction process all types of Federal facility procedures
that inhibit new and existing Federal facilities from
becoming high-performance green buildings, as measured by the
standard for high-performance green buildings identified in
accordance with subsection (d);
(3) identifies inconsistencies, as reported to the
Committee, in Federal law with respect to product acquisition
guidelines and high-performance product guidelines;
(4) recommends language for uniform standards for use by
Federal agencies in environmentally responsible acquisition;
(5) in coordination with the Office of Management and
Budget, reviews the budget process for capital programs with
respect to alternatives for--
(A) restructuring of budgets to require the use of complete
energy- and environmental-cost accounting;
(B) using operations expenditures in budget-related
decisions while simultaneously incorporating productivity and
health measures (as those measures can be quantified by the
Office, with the assistance of universities and national
laboratories);
(C) permitting Federal agencies to retain all identified
savings accrued as a result of the use of life cycle costing;
and
(D) identifying short- and long-term cost savings that
accrue from high-performance green buildings, including those
relating to health and productivity;
(6) identifies green, self-sustaining technologies to
address the operational needs of Federal facilities in times
of national security emergencies, natural disasters, or other
dire emergencies;
(7) summarizes and highlights development, at the State and
local level, of green building initiatives, including
Executive orders, policies, or laws adopted promoting green
building (including the status of implementation of those
initiatives); and
(8) includes, for the 2-year period covered by the report,
recommendations to address each of the matters, and a plan
for implementation of each recommendation, described in
paragraphs (1) through (6).
(d) Identification of Standard.--
(1) In general.--For the purpose of subsection (c)(2), not
later than 60 days after the date of enactment of this Act,
the Director shall identify a standard that the Director
determines to be the most likely to encourage a comprehensive
and environmentally-sound approach to certification of green
buildings.
(2) Basis.--The standard identified under paragraph (1)
shall be based on--
(A) a biennial study, which shall be carried out by the
Director to compare and evaluate standards;
(B) the ability and availability of assessors and auditors
to independently verify the criteria and measurement of
metrics at the scale necessary to implement this subtitle;
(C) the ability of the applicable standard-setting
organization to collect and reflect public comment;
(D) the ability of the standard to be developed and revised
through a consensus-based process;
(E) an evaluation of the adequacy of the standard, which
shall give credit for--
(i) efficient and sustainable use of water, energy, and
other natural resources;
(ii) use of renewable energy sources;
(iii) improved indoor environmental quality through
enhanced indoor air quality, thermal comfort, acoustics, day
lighting, pollutant source control, and use of low-emission
materials and building system controls; and
(iv) such other criteria as the Director determines to be
appropriate; and
(F) national recognition within the building industry.
(3) Biennial review.--The Director shall--
(A) conduct a biennial review of the standard identified
under paragraph (1); and
(B) include the results of each biennial review in the
report required to be submitted under subsection (c).
(e) Implementation.--The Office shall carry out each plan
for implementation of recommendations under subsection
(c)(7).

SEC. 433. GREEN BUILDING ADVISORY COMMITTEE.

(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Director shall establish an
advisory committee, to be known as the ``Green Building
Advisory Committee''.
(b) Membership.--
(1) In general.--The Committee shall be composed of
representatives of, at a minimum--
(A) each agency referred to in section 432(b)(1); and
(B) other relevant agencies and entities, as determined by
the Director, including at least 1 representative of each
of--
(i) State and local governmental green building programs;
(ii) independent green building associations or councils;
(iii) building experts, including architects, material
suppliers, and construction contractors;
(iv) security advisors focusing on national security needs,
natural disasters, and other dire emergency situations; and
(v) environmental health experts, including those with
experience in children's health.
(2) Non-federal members.--The total number of non-Federal
members on the Committee at any time shall not exceed 15.
(c) Meetings.--The Director shall establish a regular
schedule of meetings for the Committee.
(d) Duties.--The Committee shall provide advice and
expertise for use by the Director in carrying out the duties
under this subtitle, including such recommendations relating
to Federal activities carried out under sections 434 through
436 as are agreed to by a majority of the members of the
Committee.
(e) FACA Exemption.--The Committee shall not be subject to
section 14 of the Federal Advisory Committee Act (5 U.S.C.
App.).

SEC. 434. PUBLIC OUTREACH.

The Director, in coordination with the Committee, shall
carry out public outreach to inform individuals and entities
of the information and services available Government-wide
by--
(1) establishing and maintaining a national high-
performance green building clearinghouse, including on the
Internet, that--
(A) identifies existing similar efforts and coordinates
activities of common interest; and
(B) provides information relating to high-performance green
buildings, including hyperlinks to Internet sites that
describe related activities, information, and resources of--
(i) the Federal Government;
(ii) State and local governments;
(iii) the private sector (including nongovernmental and
nonprofit entities and organizations); and
(iv) other relevant organizations, including those from
other countries;
(2) identifying and recommending educational resources for
implementing high-performance green building practices,
including security and emergency benefits and practices;
(3) providing access to technical assistance on using tools
and resources to make more

[[Page S7484]]

cost-effective, energy-efficient, health-protective, and
environmentally beneficial decisions for constructing high-
performance green buildings, including tools available to
conduct life-cycle costing and life-cycle assessment;
(4) providing information on application processes for
certifying a high-performance green building, including
certification and commissioning;
(5) providing technical information, market research, or
other forms of assistance or advice that would be useful in
planning and constructing high-performance green buildings;
and
(6) using such other methods as are determined by the
Director to be appropriate.

SEC. 435. RESEARCH AND DEVELOPMENT.

(a) Establishment.--The Director, in coordination with the
Committee, shall--
(1)(A) survey existing research and studies relating to
high-performance green buildings; and
(B) coordinate activities of common interest;
(2) develop and recommend a high-performance green building
research plan that--
(A) identifies information and research needs, including
the relationships between human health, occupant
productivity, and each of--
(i) emissions from materials and products in the building;
(ii) natural day lighting;
(iii) ventilation choices and technologies;
(iv) heating, cooling, and system control choices and
technologies;
(v) moisture control and mold;
(vi) maintenance, cleaning, and pest control activities;
(vii) acoustics; and
(viii) other issues relating to the health, comfort,
productivity, and performance of occupants of the building;
and
(B) promotes the development and dissemination of high-
performance green building measurement tools that, at a
minimum, may be used--
(i) to monitor and assess the life-cycle performance of
facilities (including demonstration projects) built as high-
performance green buildings; and
(ii) to perform life-cycle assessments;
(3) assist the budget and life-cycle costing functions of
the Office under section 436;
(4) study and identify potential benefits of green
buildings relating to security, natural disaster, and
emergency needs of the Federal Government; and
(5) support other research initiatives determined by the
Office.
(b) Indoor Air Quality.--The Director, in consultation with
the Committee, shall develop and carry out a comprehensive
indoor air quality program for all Federal facilities to
ensure the safety of Federal workers and facility occupants--
(1) during new construction and renovation of facilities;
and
(2) in existing facilities.

SEC. 436. BUDGET AND LIFE-CYCLE COSTING AND CONTRACTING.

(a) Establishment.--The Director, in coordination with the
Committee, shall--
(1) identify, review, and analyze current budget and
contracting practices that affect achievement of high-
performance green buildings, including the identification of
barriers to green building life-cycle costing and budgetary
issues;
(2) develop guidance and conduct training sessions with
budget specialists and contracting personnel from Federal
agencies and budget examiners to apply life-cycle cost
criteria to actual projects;
(3) identify tools to aid life-cycle cost decisionmaking;
and
(4) explore the feasibility of incorporating the benefits
of green buildings, such as security benefits, into a cost-
budget analysis to aid in life-cycle costing for budget and
decision making processes.

SEC. 437. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this
part $4,000,000 for each of fiscal years 2008 through 2012,
to remain available until expended.

PART II--HEALTHY HIGH-PERFORMANCE SCHOOLS

SEC. 441. DEFINITION OF HIGH-PERFORMANCE SCHOOL.

In this part, the term ``high-performance school'' has the
meaning given the term ``healthy, high-performance school
building'' in section 5586 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7277e).

SEC. 442. GRANTS FOR HEALTHY SCHOOL ENVIRONMENTS.

The Administrator of the Environmental Protection Agency,
in consultation with the Secretary of Education, may provide
grants to qualified State agencies for use in--
(1) providing technical assistance for programs of the
Environmental Protection Agency (including the Tools for
Schools Program and the Healthy School Environmental
Assessment Tool) to schools for use in addressing
environmental issues; and
(2) development of State school environmental quality plans
that include--
(A) standards for school building design, construction, and
renovation; and
(B) identification of ongoing school building environmental
problems in the State and recommended solutions to address
those problems, including assessment of information on the
exposure of children to environmental hazards in school
facilities.

SEC. 443. MODEL GUIDELINES FOR SITING OF SCHOOL FACILITIES.

The Administrator of the Environmental Protection Agency,
in consultation with the Secretary of Education and the
Secretary of Health and Human Services, shall develop
voluntary school site selection guidelines that account for--
(1) the special vulnerability of children to hazardous
substances or pollution exposures in any case in which the
potential for contamination at a potential school site
exists;
(2) modes of transportation available to students and
staff;
(3) the efficient use of energy; and
(4) the potential use of a school at the site as an
emergency shelter.

SEC. 444. PUBLIC OUTREACH.

(a) In General.--The Administrator of the Environmental
Protection Agency shall provide to the Director information
relating to all activities carried out under this part, which
the Director shall include in the report described in section
432(c).
(b) Public Outreach.--The Director shall ensure, to the
maximum extent practicable, that the public clearinghouse
established under section 434 receives and makes available
information on the exposure of children to environmental
hazards in school facilities, as provided by the
Administrator of the Environmental Protection Agency.

SEC. 445. ENVIRONMENTAL HEALTH PROGRAM.

(a) In General.--The Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Education, the Secretary of Health and Human Services, and
other relevant agencies, shall issue voluntary guidelines for
use by the State in developing and implementing an
environmental health program for schools that--
(1) takes into account the status and findings of Federal
research initiatives established under this subtitle and
other relevant Federal law with respect to school facilities,
including relevant updates on trends in the field, such as
the impact of school facility environments on student and
staff--
(A) health, safety, and productivity; and
(B) disabilities or special needs;
(2) provides research using relevant tools identified or
developed in accordance with section 435(a) to quantify the
relationships between--
(A) human health, occupant productivity, and student
performance; and
(B) with respect to school facilities, each of--
(i) pollutant emissions from materials and products;
(ii) natural day lighting;
(iii) ventilation choices and technologies;
(iv) heating and cooling choices and technologies;
(v) moisture control and mold;
(vi) maintenance, cleaning, and pest control activities;
(vii) acoustics; and
(viii) other issues relating to the health, comfort,
productivity, and performance of occupants of the school
facilities;
(3) provides technical assistance on siting, design,
management, and operation of school facilities, including
facilities used by students with disabilities or special
needs;
(4) collaborates with federally funded pediatric
environmental health centers to assist in on-site school
environmental investigations;
(5) assists States and the public in better understanding
and improving the environmental health of children; and
(6) provides to the Office a biennial report of all
activities carried out under this part, which the Director
shall include in the report described in section 432(c).
(b) Public Outreach.--The Director shall ensure, to the
maximum extent practicable, that the public clearinghouse
established under section 434 receives and makes available--
(1) information from the Administrator of the Environmental
Protection Agency that is contained in the report described
in subsection (a)(6); and
(2) information on the exposure of children to
environmental hazards in school facilities, as provided by
the Administrator of the Environmental Protection Agency.

SEC. 446. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this
part $10,000,000 for the period of fiscal years 2008 through
2012, to remain available until expended.

PART III--STRENGTHENING FEDERAL LEADERSHIP

SEC. 451. INCENTIVES.

As soon as practicable after the date of enactment of this
Act, the Director shall identify incentives to encourage the
use of green buildings and related technology in the
operations of the Federal Government, including through--
(1) the provision of recognition awards; and
(2) the maximum feasible retention of financial savings in
the annual budgets of Federal agencies.

SEC. 452. FEDERAL PROCUREMENT.

(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Director of the Office of Federal
Procurement Policy, in consultation with the Director and the
Under Secretary of Defense for Acquisition, Technology, and
Logistics, shall promulgate revisions of the applicable
acquisition regulations, to take effect as of the date of
promulgation of the revisions--
(1) to direct any Federal procurement executives involved
in the acquisition, construction, or major renovation
(including contracting for the construction or major

[[Page S7485]]

renovation) of any facility, to the maximum extent
practicable--
(A) to employ integrated design principles;
(B) to optimize building and systems energy performance;
(C) to protect and conserve water;
(D) to enhance indoor environmental quality; and
(E) to reduce environmental impacts of materials and waste
flows; and
(2) to direct Federal procurement executives involved in
leasing buildings, to give preference to the lease of
facilities that, to the maximum extent practicable--
(A) are energy-efficient; and
(B) have applied contemporary high-performance and
sustainable design principles during construction or
renovation.
(b) Guidance.--Not later than 90 days after the date of
promulgation of the revised regulations under subsection (a),
the Director shall issue guidance to all Federal procurement
executives providing direction and the option to renegotiate
the design of proposed facilities, renovations for existing
facilities, and leased facilities to incorporate improvements
that are consistent with this section.

SEC. 453. FEDERAL GREEN BUILDING PERFORMANCE.

(a) In General.--Not later than October 31 of each of the 2
fiscal years following the fiscal year in which this Act is
enacted, and at such times thereafter as the Comptroller
General of the United States determines to be appropriate,
the Comptroller General of the United States shall, with
respect to the fiscal years that have passed since the
preceding report--
(1) conduct an audit of the implementation of this
subtitle; and
(2) submit to the Office, the Committee, the Administrator,
and Congress a report describing the results of the audit.
(b) Contents.--An audit under subsection (a) shall include
a review, with respect to the period covered by the report
under subsection (a)(2), of--
(1) budget, life-cycle costing, and contracting issues,
using best practices identified by the Comptroller General of
the United States and heads of other agencies in accordance
with section 436;
(2) the level of coordination among the Office, the Office
of Management and Budget, and relevant agencies;
(3) the performance of the Office in carrying out the
implementation plan;
(4) the design stage of high-performance green building
measures;
(5) high-performance building data that were collected and
reported to the Office; and
(6) such other matters as the Comptroller General of the
United States determines to be appropriate.
(c) Environmental Stewardship Scorecard.--The Director
shall consult with the Committee to enhance, and assist in
the implementation of, the Environmental Stewardship
Scorecard announced at the White House summit on Federal
sustainable buildings in January 2006, to measure the
implementation by each Federal agency of sustainable design
and green building initiatives.

SEC. 454. STORM WATER RUNOFF REQUIREMENTS FOR FEDERAL
DEVELOPMENT PROJECTS.

The sponsor of any development or redevelopment project
involving a Federal facility with a footprint that exceeds
5,000 square feet shall use site planning, design,
construction, and maintenance strategies for the property to
maintain, to the maximum extent technically feasible, the
predevelopment hydrology of the property with regard to the
temperature, rate, volume, and duration of flow.

PART IV--DEMONSTRATION PROJECT

SEC. 461. COORDINATION OF GOALS.

(a) In General.--The Director shall establish guidelines to
implement a demonstration project to contribute to the
research goals of the Office.
(b) Projects.--
(1) In general.--In accordance with guidelines established
by the Director under subsection (a) and the duties of the
Director described in part I, the Director shall carry out 3
demonstration projects.
(2) Location of projects.--Each project carried out under
paragraph (1) shall be located in a Federal building in a
State recommended by the Director in accordance with
subsection (c).
(3) Requirements.--Each project carried out under paragraph
(1) shall--
(A) provide for the evaluation of the information obtained
through the conduct of projects and activities under this
subtitle; and
(B) achieve the highest available rating under the standard
identified pursuant to section 432(d).
(c) Criteria.--With respect to the existing or proposed
Federal facility at which a demonstration project under this
section is conducted, the Federal facility shall--
(1) be an appropriate model for a project relating to--
(A) the effectiveness of high-performance technologies;
(B) analysis of materials, components, and systems,
including the impact on the health of building occupants;
(C) life-cycle costing and life-cycle assessment of
building materials and systems; and
(D) location and design that promote access to the Federal
facility through walking, biking, and mass transit; and
(2) possess sufficient technological and organizational
adaptability.
(d) Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter through
September 30, 2013, the Director shall submit to the
Administrator a report that describes the status of and
findings regarding the demonstration project.

SEC. 462. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out the
Federal demonstration project described in section 461(b)
$10,000,000 for the period of fiscal years 2008 through 2012,
to remain available until expended.

TITLE V--CORPORATE AVERAGE FUEL ECONOMY STANDARDS

SEC. 501. SHORT TITLE.

This title may be cited as the ``Ten-in-Ten Fuel Economy
Act''.

SEC. 502. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES AND
CERTAIN OTHER VEHICLES.

(a) Increased Standards.--Section 32902 of title 49, United
States Code, is amended--
(1) by striking ``NON-PASSENGER AUTOMOBILES.--'' in
subsection (a) and inserting ``PRESCRIPTION OF STANDARDS BY
REGULATION.--'';
(2) by striking ``(except passenger automobiles)'' in
subsection (a); and
(3) by striking subsection (b) and inserting the following:
``(b) Standards for Automobiles and Certain Other
Vehicles.--
``(1) In general.--The Secretary of Transportation, after
consultation with the Administrator of the Environmental
Protection Agency, shall prescribe average fuel economy
standards for--
``(A) automobiles manufactured by a manufacturer in each
model year beginning with model year 2011 in accordance with
subsection (c); and
``(B) commercial medium-duty or heavy-duty on-highway
vehicles in accordance with subsection (k).
``(2) Fuel economy target for automobiles.--
``(A) Automobile fuel economy average for model years 2011
through 2020.--The Secretary shall prescribe average fuel
economy standards for automobiles in each model year
beginning with model year 2011 to achieve a combined fuel
economy average for model year 2020 of at least 35 miles per
gallon for the fleet of automobiles manufactured or sold in
the United States. The average fuel economy standards
prescribed by the Secretary shall be the maximum feasible
average fuel economy standards for model years 2011 through
2019.
``(B) Automobile fuel economy average for model years 2021
through 2030.--For model years 2021 through 2030, the average
fuel economy required to be attained by the fleet of
automobiles manufactured or sold in the United States shall
be at least 4 percent greater than the average fuel economy
standard required to be attained for the fleet in the
previous model year (rounded to the nearest \1/10\ mile per
gallon).
``(C) Progress toward standard required.--In prescribing
average fuel economy standards under subparagraph (A), the
Secretary shall prescribe annual fuel economy standard
increases that increase the applicable average fuel economy
standard ratably beginning with model year 2011 and ending
with model year 2020.''.
(b) Fuel Economy Target for Commercial Medium-Duty and
Heavy-Duty On-Highway Vehicles.--Section 32902 of title 49,
United States Code, is amended by adding at the end thereof
the following:
``(k) Commercial Medium- and Heavy-Duty On-Highway
Vehicles.--
``(1) Study.--No later than 18 months after the date of
enactment of the Ten-in-Ten Fuel Economy Act, the Secretary
of Transportation, in consultation with the Secretary of
Energy and the Administrator of the Environmental Protection
Agency, shall examine the fuel efficiency of commercial
medium- and heavy-duty on-highway vehicles and determine--
``(A) the appropriate test procedures and methodologies for
measuring commercial medium- and heavy-duty on-highway
vehicle fuel efficiency;
``(B) the appropriate metric for measuring and expressing
commercial medium- and heavy-duty on-highway vehicle fuel
efficiency performance, taking into consideration, among
other things, the work performed by such on-highway vehicles
and types of operations in which they are used;
``(C) the range of factors, including, without limitation,
design, functionality, use, duty cycle, infrastructure, and
total overall energy consumption and operating costs that
effect commercial medium- and heavy-duty on-highway vehicle
fuel efficiency; and
``(D) such other factors and conditions that could have an
impact on a program to improve commercial medium- and heavy-
duty on-highway vehicle fuel efficiency.
``(2) Rulemaking.--No later than 24 months after completion
of the study required by paragraph (1), the Secretary, in
consultation with the Secretary of Energy and the
Administrator of the Environmental Protection Agency, and
based on the results of that study, shall determine in a
rulemaking procedure how to implement a commercial medium-
and heavy-duty on-highway vehicle fuel efficiency improvement
program and, as appropriate, shall adopt test methods,
measurement metrics, fuel efficiency standards, and
compliance and enforcement protocols that are appropriate,
cost-effective, and technologically feasible for commercial

[[Page S7486]]

medium- and heavy-duty on-highway vehicles.
``(3) Lead-time; regulatory stability.--Any commercial
medium- and heavy-duty on-highway vehicle fuel efficiency
regulatory program adopted pursuant to this subsection shall
provide no less than 4 full model years of regulatory lead-
time and 3 full model years of regulatory stability.
``(4) Commercial medium- and heavy-duty on-highway vehicle
defined.--In this subsection, the term `commercial medium-
and heavy-duty on-highway vehicle' means a commercial on-
highway vehicle with a gross vehicle weight rating of more
than 10,000 pounds.''.
(c) Authority of Secretary.--Section 32902 of title 49,
United States Code, as amended by subsection (b), is further
amended by adding at the end thereof the following:
``(l) Authority of the Secretary.--
``(1) Vehicle attributes.--The authority of the Secretary
to prescribe by regulation average fuel economy standards for
automobiles under this section includes the authority--
``(A) to prescribe standards based on vehicle attributes
related to fuel economy and to express the standards in the
form of a mathematical function; and
``(B) to issue regulations under this title prescribing
average fuel economy standards for 1 or more model years.
``(2) Prohibition of uniform percentage increase.--When the
Secretary prescribes a standard, or prescribes an amendment
under this section that changes a standard, the standard may
not be expressed as a uniform percentage increase from the
fuel-economy performance of attribute classes or categories
already achieved in a model year by a manufacturer.''.

SEC. 503. AMENDING FUEL ECONOMY STANDARDS.

(a) In General.--Section 32902(c) of title 49, United
States Code, is amended to read as follows:
``(c) Amending Fuel Economy Standards.--
``(1) In general.--Notwithstanding subsections (a) and (b),
the Secretary of Transportation--
``(A) may prescribe a standard higher than that required
under subsection (b); or
``(B) may prescribe an average fuel economy standard for
automobiles that is the maximum feasible level for the model
year, despite being lower than the standard required under
subsection (b), if the Secretary determines, based on clear
and convincing evidence, that the average fuel economy
standard prescribed in accordance with subsections (a) and
(b) for automobiles in that model year is shown not to be
cost-effective.
``(2) Requirements for lower standard.--Before adopting an
average fuel economy standard for automobiles for a model
year during model years 2021 through 2030 that is lower than
the standard required by subsection (b), the Secretary of
Transportation shall do the following:
``(A) Notice of proposed rule.--At least 30 months before
the model year for which the standard is to apply, the
Secretary shall post a notice of proposed rulemaking for the
proposed standard. The notice shall include a detailed
analysis of the basis for the Secretary's determination under
paragraph (1)(B).
``(B) Final rule.--At least 18 months before the model year
for which the standard is to apply, the Secretary shall
promulgate a final rule establishing the standard.
``(C) Report.--The Secretary shall submit a report to
Congress that outlines the steps that need to be taken to
avoid further reductions in average fuel economy standards.
``(3) Maximum feasible standard.--An average fuel economy
standard prescribed for automobiles under paragraph (1) shall
be the maximum feasible standard.''.
(b) Feasibility Criteria.--Section 32902(f) of title 49,
United States Code, is amended to read as follows:
``(f) Decisions on Maximum Feasible Average Fuel Economy.--
``(1) In general.--When deciding maximum feasible average
fuel economy under this section, the Secretary shall
consider--
``(A) economic practicability;
``(B) the effect of other motor vehicle standards of the
Government on fuel economy;
``(C) environmental impacts; and
``(D) the need of the United States to conserve energy.
``(2) Limitations.--In setting any standard under
subsection (b), (c), or (d), the Secretary shall ensure that
each standard is the highest standard that--
``(A) is technologically achievable;
``(B) can be achieved without materially reducing the
overall safety of automobiles manufactured or sold in the
United States;
``(C) is not less than the standard for that class of
vehicles from any prior year; and
``(D) is cost-effective.
``(3) Cost-effective defined.--In this subsection, the term
`cost-effective' means that the value to the United States of
reduced fuel use from a proposed fuel economy standard is
greater than or equal to the cost to the United States of
such standard. In determining cost-effectiveness, the
Secretary shall give priority to those technologies and
packages of technologies that offer the largest reduction in
fuel use relative to their costs.
``(4) Factors for consideration by secretary in determining
cost-effectiveness.--The Secretary shall consult with the
Administrator of the Environmental Protection Agency, and may
consult with such other departments and agencies as the
Secretary deems appropriate, and shall consider in the
analysis the following factors:
``(A) Economic security.
``(B) The impact of the oil or energy intensity of the
United States economy on the sensitivity of the economy to
oil and other fuel price changes, including the magnitude of
gross domestic product losses in response to short term price
shocks or long term price increases.
``(C) National security, including the impact of United
States payments for oil and other fuel imports on political,
economic, and military developments in unstable or unfriendly
oil-exporting countries.
``(D) The uninternalized costs of pipeline and storage oil
seepage, and for risk of oil spills from production,
handling, and transport, and related landscape damage.
``(E) The emissions of pollutants including greenhouse
gases over the lifecycle of the fuel and the resulting costs
to human health, the economy, and the environment.
``(F) Such additional factors as the Secretary deems
relevant.
``(5) Minimum valuation.--When considering the value to
consumers of a gallon of gasoline saved, the Secretary of
Transportation shall use as a minimum value the greater of--
``(A) the average value of gasoline prices projected by the
Energy Information Administration over the period covered by
the standard; or
``(B) the average value of gasoline prices for the 5-year
period immediately preceding the year in which the standard
is established.''.
(c) Consultation Requirement.--Section 32902(i) of title
49, United States Code, is amended by inserting ``and the
Administrator of the Environmental Protection Agency'' after
``Energy''.
(d) Comments.--Section 32902(j) of title 49, United States
Code, is amended--
(1) by striking paragraph (1) and inserting ``(1) Before
issuing a notice proposing to prescribe or amend an average
fuel economy standard under subsection (b), (c), or (g) of
this section, the Secretary of Transportation shall give the
Secretary of Energy and Administrator of the Environmental
Protection Agency at least 30 days after the receipt of the
notice during which the Secretary of Energy and Administrator
may, if the Secretary of Energy or Administrator concludes
that the proposed standard would adversely affect the
conservation goals of the Secretary of Energy or
environmental protection goals of the Administrator, provide
written comments to the Secretary of Transportation about the
impact of the standard on those goals. To the extent the
Secretary of Transportation does not revise a proposed
standard to take into account comments of the Secretary of
Energy or Administrator on any adverse impact of the
standard, the Secretary of Transportation shall include those
comments in the notice.''; and
(2) by inserting ``and the Administrator'' after ``Energy''
each place it appears in paragraph (2).
(e) Technical and Conforming Amendments.--
(1) Section 32902(d) of title 49, United States Code, is
amended by striking ``passenger'' each place it appears.
(2) Section 32902(g) of title 49, United States Code, is
amended--
(A) by striking ``subsection (a) or (d)'' each place it
appears in paragraph (1) and inserting ``subsection (b), (c),
or (d)''; and
(B) striking ``(and submit the amendment to Congress when
required under subsection (c)(2) of this section)'' in
paragraph (2).

SEC. 504. DEFINITIONS.

(a) In General.--Section 32901(a) of title 49, United
States Code, is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) except as provided in section 32908 of this title,
`automobile' means a 4-wheeled vehicle that is propelled by
fuel, or by alternative fuel, manufactured primarily for use
on public streets, roads, and highways and rated at not more
than 10,000 pounds gross vehicle weight, except--
``(A) a vehicle operated only on a rail line;
``(B) a vehicle manufactured by 2 or more manufacturers in
different stages and less than 10,000 of which are
manufactured per year; or
``(C) a work truck.''; and
(2) by adding at the end the following:
``(17) `work truck' means an automobile that the Secretary
determines by regulation--
``(A) is rated at between 8,500 and 10,000 pounds gross
vehicle weight; and
``(B) is not a medium-duty passenger vehicle (as defined in
section 86.1803-01 of title 40, Code of Federal
Regulations).''.
(b) Deadline for Regulations.--The Secretary of
Transportation--
(1) shall issue proposed regulations implementing the
amendments made by subsection (a) not later than 1 year after
the date of enactment of this Act; and
(2) shall issue final regulations implementing the
amendments not later than 18 months after the date of the
enactment of this Act.
(c) Effective Date.--Regulations prescribed under
subsection (b) shall apply beginning with model year 2010.

SEC. 505. ENSURING SAFETY OF AUTOMOBILES.

(a) In General.--Subchapter II of chapter 301 of title 49,
United States Code, is amended by adding at the end the
following:

[[Page S7487]]

``Sec. 30129. Vehicle compatibility and aggressivity
reduction standard

``(a) Standards.--The Secretary of Transportation shall
issue a motor vehicle safety standard to reduce automobile
incompatibility and aggressivity. The standard shall address
characteristics necessary to ensure better management of
crash forces in multiple vehicle frontal and side impact
crashes between different types, sizes, and weights of
automobiles with a gross vehicle weight of 10,000 pounds or
less in order to decrease occupant deaths and injuries.
``(b) Consumer Information.--The Secretary shall develop
and implement a public information side and frontal
compatibility crash test program with vehicle ratings based
on risks to occupants, risks to other motorists, and combined
risks by vehicle make and model.''.
(b) Rulemaking Deadlines.--
(1) Rulemaking.--The Secretary of Transportation shall
issue--
(A) a notice of a proposed rulemaking under section 30129
of title 49, United States Code, not later than January 1,
2012; and
(B) a final rule under such section not later than December
31, 2014.
(2) Effective date of requirements.--Any requirement
imposed under the final rule issued under paragraph (1) shall
become fully effective not later than September 1, 2018.
(c) Conforming Amendment.--The chapter analysis for chapter
301 is amended by inserting after the item relating to
section 30128 the following:

``30129. Vehicle compatibility and aggressivity reduction standard''.

SEC. 506. CREDIT TRADING PROGRAM.

Section 32903 of title 49, United States Code, is amended--
(1) by striking ``passenger'' each place it appears;
(2) by striking ``section 32902(b)-(d) of this title'' each
place it appears and inserting ``subsection (a), (c), or (d)
of section 32902'';
(3) by striking ``3 consecutive model years'' in subsection
(a)(2) and inserting ``5 consecutive model years'';
(4) in subsection (a)(2), by striking ``clause (1) of this
subsection,'' and inserting ``paragraph (1)''; and
(5) by striking subsection (e) and inserting the following:
``(e) Credit Trading Among Manufacturers.--The Secretary of
Transportation may establish, by regulation, a corporate
average fuel economy credit trading program to allow
manufacturers whose automobiles exceed the average fuel
economy standards prescribed under section 32902 to earn
credits to be sold to manufacturers whose automobiles fail to
achieve the prescribed standards such that the total oil
savings associated with manufacturers that exceed the
prescribed standards are preserved when transferring credits
to manufacturers that fail to achieve the prescribed
standards.''.

SEC. 507. LABELS FOR FUEL ECONOMY AND GREENHOUSE GAS
EMISSIONS.

Section 32908 of title 49, United States Code, is amended--
(1) by redesignating subparagraph (F) of subsection (b)(1)
as subparagraph (H) and inserting after subparagraph (E) the
following:
``(F) a label (or a logo imprinted on a label required by
this paragraph) that--
``(i) reflects an automobile's performance on the basis of
criteria developed by the Administrator to reflect the fuel
economy and greenhouse gas and other emissions consequences
of operating the automobile over its likely useful life;
``(ii) permits consumers to compare performance results
under clause (i) among all automobiles; and
``(iii) is designed to encourage the manufacture and sale
of automobiles that meet or exceed applicable fuel economy
standards under section 32902.
``(G) a fuelstar under paragraph (5).''; and
(2) by adding at the end of subsection (b) the following:
``(4) Green Label Program.--
``(A) Marketing analysis.--Not later than 2 years after the
date of the enactment of the Ten-in-Ten Fuel Economy Act, the
Administrator shall implement a consumer education program
and execute marketing strategies to improve consumer
understanding of automobile performance described in
paragraph (1)(F).
``(B) Eligibility.--Not later than 3 years after the date
described in subparagraph (A), the Administrator shall issue
requirements for the label or logo required under paragraph
(1)(F) to ensure that an automobile is not eligible for the
label or logo unless it--
``(i) meets or exceeds the applicable fuel economy
standard; or
``(ii) will have the lowest greenhouse gas emissions over
the useful life of the vehicle of all vehicles in the vehicle
attribute class to which it belongs in that model year.
``(5) Fuelstar Program.--
``(A) In general.--The Secretary shall establish a program,
to be known as the `Fuelstar Program', under which stars
shall be imprinted on or attached to the label required by
paragraph (1).
``(B) Green stars.--Under the Fuelstar Program, a
manufacturer may include on the label maintained on an
automobile under paragraph (1)--
``(i) 1 green star for any automobile that meets the
average fuel economy standard for the model year under
section 32902; and
``(ii) 1 additional green star for each 2 miles per gallon
by which the automobile exceeds such standard.
``(C) Gold stars.--Under the Fuelstar Program, a
manufacturer may include a gold star on the label maintained
on an automobile under paragraph (1) if the automobile
attains a fuel economy of at least 50 miles per gallon.''.

SEC. 508. CONTINUED APPLICABILITY OF EXISTING STANDARDS.

Nothing in this title, or the amendments made by this
title, shall be construed to affect the application of
section 32902 of title 49, United States Code, to passenger
automobiles or non-passenger automobiles manufactured before
model year 2011.

SEC. 509. NATIONAL ACADEMY OF SCIENCES STUDIES.

(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary of Transportation shall
execute an agreement with the National Academy of Sciences to
develop a report evaluating vehicle fuel economy standards,
including--
(1) an assessment of automotive technologies and costs to
reflect developments since the Academy's 2002 report
evaluating the corporate average fuel economy standards was
conducted;
(2) an analysis of existing and potential technologies that
may be used practically to improve automobile fuel economy;
(3) an analysis of how such technologies may be practically
integrated into the automotive manufacturing process; and
(4) an assessment of how such technologies may be used to
meet the new fuel economy standards under chapter 329 of
title 49, United States Code, as amended by this title.
(b) Quinquennial Updates.--After submitting the initial
report, the Academy shall update the report at 5 year
intervals thereafter through 2025.
(c) Report.--The Academy shall submit the report to the
Secretary, the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Energy and Commerce, with its findings and recommendations no
later than 18 months after the date on which the Secretary
executes the agreement with the Academy.

SEC. 510. STANDARDS FOR EXECUTIVE AGENCY AUTOMOBILES.

(a) In General.--Section 32917 of title 49, United States
Code, is amended to read as follows:

``Sec. 32917. Standards for Executive agency automobiles

``(a) Fuel Efficiency.--The head of an Executive agency
shall ensure that each new automobile procured by the
Executive agency is as fuel efficient as practicable.
``(b) Definitions.--In this section:
``(1) Executive agency.--The term `Executive agency' has
the meaning given that term in section 105 of title 5.
``(2) New automobile.--The term `new automobile', with
respect to the fleet of automobiles of an executive agency,
means an automobile that is leased for at least 60
consecutive days or bought, by or for the Executive agency,
after September 30, 2008. The term does not include any
vehicle designed for combat-related missions, law enforcement
work, or emergency rescue work.''.
(b) Report.--The Administrator of the General Services
Administration shall develop a report describing and
evaluating the efforts of the heads of the Executive agencies
to comply with section 32917 of title 49, United States Code,
for fiscal year 2009. The Administrator shall submit the
report to Congress no later than December 31, 2009.

SEC. 511. ENSURING AVAILABILITY OF FLEXIBLE FUEL AUTOMOBILES.

(a) Amendment.--
(1) In general.--Chapter 329 of title 49, United States
Code, is amended by inserting after section 32902 the
following:

``Sec. 32902A. Requirement to manufacture flexible fuel
automobiles

``(a) In General.--For each model year, each manufacturer
of new automobiles described in subsection (b) shall ensure
that the percentage of such automobiles manufactured in a
particular model year that are flexible fuel vehicles shall
be not less than the percentage set forth for that model year
in the following table:

2012.........................................................50 percent
2013.........................................................60 percent
2014.........................................................70 percent
2015.........................................................80 percent

``(b) Automobiles to Which Section Applies..--An automobile
is described in this subsection if it--
``(1) is capable of operating on gasoline or diesel fuel;
``(2) is distributed in interstate commerce for sale in the
United States; and
``(3) does not contain certain engines that the Secretary
of Transportation, in consultation with the Administrator of
the Environmental Protection Agency and the Secretary of
Energy, may temporarily exclude from the definition because
it is technologically infeasible for the engines to have
flexible fuel capability at any time during a period that the
Secretaries and the Administrator are engaged in an active
research program with the vehicle manufacturers to develop
that capability for the engines.''.
(2) Definition of flexible fuel automobile.--Section
32901(a) of title 49, United

[[Page S7488]]

States Code, is amended by inserting after paragraph (8), the
following:
``(8A) `flexible fuel automobile' means an automobile
described in paragraph (8)(A).''.
(3) Clerical amendment.--The table of sections for chapter
329 of title 49, United States Code, is amended by inserting
after the item relating to section 32902 the following:

``Sec. 32902A. Requirement to manufacture flexible fuel automobiles''.

(b) Rulemaking.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Transportation
shall issue regulations to carry out the amendments made by
subsection (a).
(2) Hardship exemption.--The regulations issued pursuant to
paragraph (1) shall include a process by which a manufacturer
may be exempted from the requirement under section 32902A(a)
upon demonstrating that such requirement would create a
substantial economic hardship for the manufacturer.

SEC. 512. INCREASING CONSUMER AWARENESS OF FLEXIBLE FUEL
AUTOMOBILES.

Section 32908 of title 49, United States Code, is amended
by adding at the end the following:
``(g) Increasing Consumer Awareness of Flexible Fuel
Automobiles.--(1) The Secretary of Energy, in consultation
with the Secretary of Transportation, shall prescribe
regulations that require the manufacturer of automobiles
distributed in interstate commerce for sale in the United
States--
``(A) to prominently display a permanent badge or emblem on
the quarter panel or tailgate of each such automobile that
indicates such vehicle is capable of operating on alternative
fuel; and
``(B) to include information in the owner's manual of each
such automobile information that describes--
``(i) the capability of the automobile to operate using
alternative fuel;
``(ii) the benefits of using alternative fuel, including
the renewable nature, and the environmental benefits of using
alternative fuel; and
``(C) to contain a fuel tank cap that is clearly labeled to
inform consumers that the automobile is capable of operating
on alternative fuel.
``(2) The Secretary of Transportation shall collaborate
with automobile retailers to develop voluntary methods for
providing prospective purchasers of automobiles with
information regarding the benefits of using alternative fuel
in automobiles, including--
``(A) the renewable nature of alternative fuel; and
``(B) the environmental benefits of using alternative
fuel.''.

SEC. 513. PERIODIC REVIEW OF ACCURACY OF FUEL ECONOMY
LABELING PROCEDURES.

Beginning in December, 2009, and not less often than every
5 years thereafter, the Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Transportation, shall--
(1) reevaluate the fuel economy labeling procedures
described in the final rule published in the Federal Register
on December 27, 2006 (71 Fed. Reg. 77,872; 40 C.F.R. parts 86
and 600) to determine whether changes in the factors used to
establish the labeling procedures warrant a revision of that
process; and
(2) submit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Energy and Commerce that describes the results
of the reevaluation process.

SEC. 514. TIRE FUEL EFFICIENCY CONSUMER INFORMATION.

(a) In General.--Chapter 301 of title 49, United States
Code, is amended by inserting after section 30123 the
following new section:

``Sec. 30123A. Tire fuel efficiency consumer information

``(a) Rulemaking.--
``(1) In general.--Not later than 18 months after the date
of enactment of the Ten-in-Ten Fuel Economy Act, the
Secretary of Transportation shall, after notice and
opportunity for comment, promulgate rules establishing a
national tire fuel efficiency consumer information program
for tires designed for use on motor vehicles to educate
consumers about the effect of tires on automobile fuel
efficiency.
``(2) Items included in rule.--The rulemaking shall
include--
``(A) a national tire fuel efficiency rating system for
motor vehicle tires to assist consumers in making more
educated tire purchasing decisions;
``(B) requirements for providing information to consumers,
including information at the point of sale and other
potential information dissemination methods, including the
Internet;
``(C) specifications for test methods for manufacturers to
use in assessing and rating tires to avoid variation among
test equipment and manufacturers; and
``(D) a national tire maintenance consumer education
program including, information on tire inflation pressure,
alignment, rotation, and tread wear to maximize fuel
efficiency.
``(3) Applicability.--This section shall not apply to tires
excluded from coverage under section 575.104(c)(2) of title
49, Code of Federal Regulations, as in effect on date of
enactment of the Ten-in-Ten Fuel Economy Act.
``(b) Consultation.--The Secretary shall consult with the
Secretary of Energy and the Administrator of the
Environmental Protection Agency on the means of conveying
tire fuel efficiency consumer information.
``(c) Report to Congress.--The Secretary shall conduct
periodic assessments of the rules promulgated under this
section to determine the utility of such rules to consumers,
the level of cooperation by industry, and the contribution to
national goals pertaining to energy consumption. The
Secretary shall transmit periodic reports detailing the
findings of such assessments to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce.
``(d) Tire Marking.--The Secretary shall not require
permanent labeling of any kind on a tire for the purpose of
tire fuel efficiency information.
``(e) Preemption.--When a requirement under this section is
in effect, a State or political subdivision of a State may
adopt or enforce a law or regulation on tire fuel efficiency
consumer information only if the law or regulation is
identical to that requirement. Nothing in this section shall
be construed to preempt a State or political subdivision of a
State from regulating the fuel efficiency of tires not
otherwise preempted under this chapter.''.
(b) Enforcement.--Section 30165(a) of title 49, United
States Code, is amended by adding at the end the following:
``(4) Section 30123a.--Any person who fails to comply with
the national tire fuel efficiency consumer information
program under section 30123A is liable to the United States
Government for a civil penalty of not more than $50,000 for
each violation.''.
(c) Conforming Amendment.--The chapter analysis for chapter
301 of title 49, United States Code, is amended by inserting
after the item relating to section 30123 the following:

``30123A. Tire fuel efficiency consumer information''.

SEC. 515. ADVANCED BATTERY INITIATIVE.

(a) In General.--The Secretary of Energy, in consultation
with the Secretary of Transportation, shall establish and
carry out an Advanced Battery Initiative in accordance with
this section to support research, development, demonstration,
and commercial application of battery technologies.
(b) Industry Alliance.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
competitively select an Industry Alliance to represent
participants who are private, for-profit firms headquartered
in the United States, the primary business of which is the
manufacturing of batteries.
(c) Research.--
(1) Grants.--The Secretary shall carry out research
activities of the Initiative through competitively-awarded
grants to--
(A) researchers, including Industry Alliance participants;
(B) small businesses;
(C) National Laboratories; and
(D) institutions of higher education.
(2) Industry alliance.--The Secretary shall annually
solicit from the Industry Alliance--
(A) comments to identify advanced battery technology and
battery systems needs relevant to--
(i) electric drive technology;
(ii) portable radio communications devices, including
devices used by public safety personnel; and
(iii) other applications the Secretary deems appropriate;
(B) an assessment of the progress of research activities of
the Initiative; and
(C) assistance in annually updating advanced battery
technology and battery systems roadmaps.
(d) Availability to the Public.--The information and
roadmaps developed under this section shall be available to
the public.
(e) Preference.--In making awards under this subsection,
the Secretary shall give preference to participants in the
Industry Alliance.
(f) Cost Sharing.--In carrying out this section, the
Secretary shall require cost sharing in accordance with
section 120(b) of title 23, United States Code.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 2008 through 2012.

SEC. 516. BIODIESEL STANDARDS.

(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Transportation and the Secretary of Energy, shall promulgate
regulations to ensure that all diesel-equivalent fuels
derived from renewable biomass that are introduced into
interstate commerce are tested and certified to comply with
appropriate American Society for Testing and Materials
standards.
(b) Definitions.--In this section:
(1) Biodiesel.--
(A) In general.--The term ``biodiesel'' means the monoalkyl
esters of long chain fatty acids derived from plant or animal
matter that meet--
(i) the registration requirements for fuels and fuel
additives established by the Environmental Protection Agency
under section 211 of the Clean Air Act (42 U.S.C. 7545); and
(ii) the requirements of the American Society of Testing
and Materials D6751.

[[Page S7489]]

(B) Inclusions.--The term ``biodiesel'' includes esters
described in subparagraph (A) derived from--
(i) animal waste, including poultry fat, poultry waste, and
other waste material; and
(ii) municipal solid waste, sludge, and oil derived from
wastewater or the treatment of wastewater.
(2) Biodiesel blend.--The term ``biodiesel blend'' means a
mixture of biodiesel and diesel fuel, including--
(A) a blend of biodiesel and diesel fuel approximately 5
percent of the content of which is biodiesel (commonly known
as ``B5''); and
(B) a blend of biodiesel and diesel fuel approximately 20
percent of the content of which is biodiesel (commonly known
as ``B20'').

SEC. 517. USE OF CIVIL PENALTIES FOR RESEARCH AND
DEVELOPMENT.

Section 32912 of title 49, United States Code, is amended
by adding at the end thereof the following:
``(e) Use of Civil Penalties.--For fiscal year 2008 and
each fiscal year thereafter, from the total amount deposited
in the general fund of the Treasury during the preceding
fiscal year from fines, penalties, and other funds obtained
through enforcement actions conducted pursuant to this
section (including funds obtained under consent decrees), the
Secretary of the Treasury, subject to the availability of
appropriations, shall--
``(1) transfer 50 percent of such total amount to the
account providing appropriations to the Secretary of
Transportation for the administration of this chapter, which
shall be used by the Secretary to carry out a program of
research and development into fuel saving automotive
technologies and to support rulemaking under this chapter;
and
``(2) transfer 50 percent of such total amount to the
Energy Security Fund established by section 518(a) of the
Ten-in-Ten Fuel Economy Act.''.

SEC. 518. ENERGY SECURITY FUND AND ALTERNATIVE FUEL GRANT
PROGRAM.

(a) Establishment of Fund.--
(1) In general.--There is established in the Treasury a
fund, to be known as the ``Energy Security Fund'' (referred
to in this section as the ``Fund''), consisting of--
(A) amounts transferred to the Fund under section
32912(e)(2) of title 49, United States Code; and
(B) amounts credited to the Fund under paragraph (2)(C).
(2) Investment of amounts.--
(A) In general.--The Secretary of the Treasury shall invest
in interest-bearing obligations of the United States such
portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals.
(B) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the
market price.
(C) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to, and form a part of, the Fund in
accordance with section 9602 of the Internal Revenue Code of
1986.
(3) Use of amounts in fund.--Amounts in the Fund shall be
made available to the Secretary of Energy, subject to the
availability of appropriations, to carry out the grant
program under subsection (b).
(b) Alternative Fuels Grant Program.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Energy, acting
through the Clean Cities Program of the Department of Energy,
shall establish and carry out a program under which the
Secretary shall provide grants to expand the availability to
consumers of alternative fuels (as defined in section
32901(a) of title 49, United States Code).
(2) Eligibility.--
(A) In general.--Except as provided in subparagraph (B),
any entity that is eligible to receive assistance under the
Clean Cities Program shall be eligible to receive a grant
under this subsection.
(B) Exceptions.--
(i) Certain oil companies.--A large, vertically-integrated
oil company shall not be eligible to receive a grant under
this subsection.
(ii) Prohibition of dual benefits.--An entity that receives
any other Federal funds for the construction or expansion of
alternative refueling infrastructure shall not be eligible to
receive a grant under this subsection for the construction or
expansion of the same alternative refueling infrastructure.
(C) Ensuring compliance.--Not later than 30 days after the
date of enactment of this Act, the Secretary of Energy shall
promulgate regulations to ensure that, before receiving a
grant under this subsection, an eligible entity meets
applicable standards relating to the installation,
construction, and expansion of infrastructure necessary to
increase the availability to consumers of alternative fuels
(as defined in section 32901(a) of title 49, United States
Code).
(3) Maximum amount.--
(A) Grants.--The amount of a grant provided under this
subsection shall not exceed $30,000.
(B) Amount per station.--An eligible entity shall receive
not more than $90,000 under this subsection for any station
of the eligible entity during a fiscal year.
(4) Use of funds.--
(A) In general.--A grant provided under this subsection
shall be used for the construction or expansion of
alternative fueling infrastructure.
(B) Administrative expenses.--Not more than 3 percent of
the amount of a grant provided under this subsection shall be
used for administrative expenses.

SEC. 519. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary of
Transportation $25,000,000 for each of fiscal years 2009
through 2021 to carry out the provisions of chapter 329 of
title 49, United States Code.

SEC. 520. APPLICATION WITH CLEAN AIR ACT.

Nothing in this title shall be construed to conflict with
the authority provided by sections 202 and 209 of the Clean
Air Act (42 U.S.C. 7521 and 7543, respectively).

TITLE VI--PRICE GOUGING

SEC. 601. SHORT TITLE.

This title may be cited as the ``Petroleum Consumer Price
Gouging Protection Act''.

SEC. 602. DEFINITIONS.

In this title:
(1) Affected area.--The term ``affected area'' means an
area covered by a Presidential declaration of energy
emergency.
(2) Supplier.--The term ``supplier'' means any person
engaged in the trade or business of selling or reselling, at
retail or wholesale, or distributing crude oil, gasoline, or
petroleum distillates.
(3) Price gouging.--The term ``price gouging'' means the
charging of an unconscionably excessive price by a supplier
in an affected area.
(4) Unconscionably excessive price.--The term
``unconscionably excessive price'' means an average price
charged during an energy emergency declared by the President
in an area and for a product subject to the declaration,
that--
(A)(i)(I) constitutes a gross disparity from the average
price at which it was offered for sale in the usual course of
the supplier's business during the 30 days prior to the
President's declaration of an energy emergency; and
(II) grossly exceeds the prices at which the same or
similar crude oil gasoline or petroleum distillate was
readily obtainable by purchasers from other suppliers in the
same relevant geographic market within the affected area; or
(ii) represents an exercise of unfair leverage or
unconscionable means on the part of the supplier, during a
period of declared energy emergency; and
(B) is not attributable to increased wholesale or
operational costs, including replacement costs, outside the
control of the supplier, incurred in connection with the sale
of crude oil, gasoline, or petroleum distillates; and is not
attributable to local, regional, national, or international
market conditions.
(5) Commission.--The term ``Commission'' means the Federal
Trade Commission.

SEC. 603. PROHIBITION ON PRICE GOUGING DURING ENERGY
EMERGENCIES.

(a) In General.--During any energy emergency declared by
the President under section 606 of this Act, it is unlawful
for any supplier to sell, or offer to sell crude oil,
gasoline or petroleum distillates subject to that declaration
in, or for use in, the area to which that declaration applies
at an unconscionably excessive price.
(b) Factors Considered.--In determining whether a violation
of subsection (a) has occurred, there shall be taken into
account, among other factors, whether--
(1) the price charged was a price that would reasonably
exist in a competitive and freely functioning market; and
(2) the amount of gasoline or other petroleum distillate
the seller produced, distributed, or sold during the period
the Proclamation was in effect increased over the average
amount during the preceding 30 days.

SEC. 604. PROHIBITION ON MARKET MANIPULATION.

It is unlawful for any person, directly or indirectly, to
use or employ, in connection with the purchase or sale of
crude oil gasoline or petroleum distillates at wholesale, any
manipulative or deceptive device or contrivance, in
contravention of such rules and regulations as the Commission
may prescribe as necessary or appropriate in the public
interest or for the protection of United States citizens.

SEC. 605. PROHIBITION ON FALSE INFORMATION.

(a) In General.--It is unlawful for any person to report
information related to the wholesale price of crude oil
gasoline or petroleum distillates to a Federal department or
agency if--
(1) that person knew, or reasonably should have known, the
information to be false or misleading;
(2) the information was required by law to be reported; and
(3) the person intended the false or misleading data to
affect data compiled by the department or agency for
statistical or analytical purposes with respect to the market
for crude oil, gasoline, or petroleum distillates.

SEC. 606. PRESIDENTIAL DECLARATION OF ENERGY EMERGENCY.

(a) In General.--If the President finds that the health,
safety, welfare, or economic well-being of the citizens of
the United States is at risk because of a shortage or
imminent shortage of adequate supplies of crude oil, gasoline
or petroleum distillates due to a disruption in the national
distribution system for crude oil, gasoline or petroleum
distillates (including such a shortage related to a major
disaster (as defined in section 102(2) of the Robert T.
Stafford Disaster

[[Page S7490]]

Relief and Emergency Assistance Act (42 U.S.C. 5122(2))), or
significant pricing anomalies in national energy markets for
crude oil, gasoline, or petroleum distillates, the President
may declare that a Federal energy emergency exists.
(b) Scope and Duration.--The emergency declaration shall
specify--
(1) the period, not to exceed 30 days, for which the
declaration applies;
(2) the circumstance or condition necessitating the
declaration; and
(3) the area or region to which it applies which may not be
limited to a single State; and
(4) the product or products to which it applies.
(c) Extensions.--The President may--
(1) extend a declaration under subsection (a) for a period
of not more than 30 days;
(2) extend such a declaration more than once; and
(3) discontinue such a declaration before its expiration.

SEC. 607. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.

(a) Enforcement.--This title shall be enforced by the
Federal Trade Commission in the same manner, by the same
means, and with the same jurisdiction as though all
applicable terms of the Federal Trade Commission Act were
incorporated into and made a part of this title. In enforcing
section 603 of this Act, the Commission shall give priority
to enforcement actions concerning companies with total United
States wholesale or retail sales of crude oil, gasoline, and
petroleum distillates in excess of $500,000,000 per year but
shall not exclude enforcement actions against companies with
total United States wholesale sales of $500,000,000 or less
per year.
(b) Violation Is Treated as Unfair or Deceptive Act or
Practice.--The violation of any provision of this title shall
be treated as an unfair or deceptive act or practice
proscribed under a rule issued under section 18(a)(1)(B) of
the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(c) Commission Actions.--Following the declaration of an
energy emergency by the President under section 606 of this
Act, the Commission shall--
(1) maintain within the Commission--
(A) a toll-free hotline that a consumer may call to report
an incident of price gouging in the affected area; and
(B) a program to develop and distribute to the public
informational materials to assist residents of the affected
area in detecting, avoiding, and reporting price gouging;
(2) consult with the Attorney General, the United States
Attorney for the districts in which a disaster occurred (if
the declaration is related to a major disaster), and State
and local law enforcement officials to determine whether any
supplier in the affected area is charging or has charged an
unconscionably excessive price for crude oil, gasoline, or
petroleum distillates in the affected area; and
(3) conduct investigations as appropriate to determine
whether any supplier in the affected area has violated
section 603 of this Act, and upon such finding, take any
action the Commission determines to be appropriate to remedy
the violation.

SEC. 608. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

(a) In General.--A State, as parens patriae, may bring a
civil action on behalf of its residents in an appropriate
district court of the United States to enforce the provisions
of section 603 of this Act, or to impose the civil penalties
authorized by section 609 for violations of section 603,
whenever the attorney general of the State has reason to
believe that the interests of the residents of the State have
been or are being threatened or adversely affected by a
supplier engaged in the sale or resale, at retail or
wholesale, or distribution of crude oil, gasoline or
petroleum distillates in violation of section 603 of this
Act.
(b) Notice.--The State shall serve written notice to the
Commission of any civil action under subsection (a) prior to
initiating the action. The notice shall include a copy of the
complaint to be filed to initiate the civil action, except
that if it is not feasible for the State to provide such
prior notice, the State shall provide such notice immediately
upon instituting the civil action.
(c) Authority to Intervene.--Upon receiving the notice
required by subsection (b), the Commission may intervene in
the civil action and, upon intervening--
(1) may be heard on all matters arising in such civil
action; and
(2) may file petitions for appeal of a decision in such
civil action.
(d) Construction.--For purposes of bringing any civil
action under subsection (a), nothing in this section shall
prevent the attorney general of a State from exercising the
powers conferred on the Attorney General by the laws of such
State to conduct investigations or to administer oaths or
affirmations or to compel the attendance of witnesses or the
production of documentary and other evidence.
(e) Venue; Service of Process.--In a civil action brought
under subsection (a)--
(1) the venue shall be a judicial district in which--
(A) the defendant operates;
(B) the defendant was authorized to do business; or
(C) where the defendant in the civil action is found;
(2) process may be served without regard to the territorial
limits of the district or of the State in which the civil
action is instituted; and
(3) a person who participated with the defendant in an
alleged violation that is being litigated in the civil action
may be joined in the civil action without regard to the
residence of the person.
(f) Limitation on State Action While Federal Action Is
Pending.--If the Commission has instituted a civil action or
an administrative action for violation of this title, a State
attorney general, or official or agency of a State, may not
bring an action under this section during the pendency of
that action against any defendant named in the complaint of
the Commission or the other agency for any violation of this
title alleged in the Commission's civil or administrative
action.
(g) No Preemption.--Nothing contained in this section shall
prohibit an authorized State official from proceeding in
State court to enforce a civil or criminal statute of that
State.

SEC. 609. PENALTIES.

(a) Civil Penalty.--
(1) In general.--In addition to any penalty applicable
under the Federal Trade Commission Act, any supplier--
(A) that violates section 604 or section 605 of this Act is
punishable by a civil penalty of not more than $1,000,000;
and
(B) that violates section 603 of this Act is punishable by
a civil penalty of--
(i) not more than $500,000, in the case of an independent
small business marketer of gasoline (within the meaning of
section 324(c) of the Clean Air Act (42 U.S.C. 7625(c))); and
(ii) not more than $5,000,000 in the case of any other
supplier.
(2) Method.--The penalties provided by paragraph (1) shall
be obtained in the same manner as civil penalties imposed
under section 5 of the Federal Trade Commission Act (15
U.S.C. 45).
(3) Multiple offenses; mitigating factors.--In assessing
the penalty provided by subsection (a)--
(A) each day of a continuing violation shall be considered
a separate violation; and
(B) the court shall take into consideration, among other
factors, the seriousness of the violation and the efforts of
the person committing the violation to remedy the harm caused
by the violation in a timely manner.
(b) Criminal Penalty.--Violation of section 603 of this Act
is punishable by a fine of not more than $5,000,000,
imprisonment for not more than 5 years, or both.

SEC. 610. EFFECT ON OTHER LAWS.

(a) Other Authority of the Commission.--Nothing in this
title shall be construed to limit or affect in any way the
Commission's authority to bring enforcement actions or take
any other measure under the Federal Trade Commission Act (15
U.S.C. 41 et seq.) or any other provision of law.
(b) State Law.--Nothing in this title preempts any State
law.

TITLE VII--ENERGY DIPLOMACY AND SECURITY

SEC. 701. SHORT TITLE.

This title may be cited as the ``Energy Diplomacy and
Security Act of 2007''.

SEC. 702. DEFINITIONS.

In this title:
(1) Major energy producer.--The term ``major energy
producer'' means a country that--
(A) had crude oil, oil sands, or natural gas to liquids
production of 1,000,000 barrels per day or greater average in
the previous year;
(B) has crude oil, shale oil, or oil sands reserves of
6,000,000,000 barrels or greater, as recognized by the
Department of Energy;
(C) had natural gas production of 30,000,000,000 cubic
meters or greater in the previous year;
(D) has natural gas reserves of 1,250,000,000,000 cubic
meters or greater, as recognized by the Department of Energy;
or
(E) is a direct supplier of natural gas or liquefied
natural gas to the United States.
(2) Major energy consumer.--The term ``major energy
consumer'' means a country that--
(A) had an oil consumption average of 1,000,000 barrels per
day or greater in the previous year;
(B) had an oil consumption growth rate of 8 percent or
greater in the previous year;
(C) had a natural gas consumption of 30,000,000,000 cubic
meters or greater in the previous year; or
(D) had a natural gas consumption growth rate of 15 percent
or greater in the previous year.

SEC. 703. SENSE OF CONGRESS ON ENERGY DIPLOMACY AND SECURITY.

(a) Findings.--Congress makes the following findings:
(1) It is imperative to the national security and
prosperity of the United States to have reliable, affordable,
clean, sufficient, and sustainable sources of energy.
(2) United States dependence on oil imports causes
tremendous costs to the United States national security,
economy, foreign policy, military, and environmental
sustainability.
(3) Energy security is a priority for the governments of
many foreign countries and increasingly plays a central role
in the relations of the United States Government with foreign
governments. Global reserves of oil and natural gas are
concentrated in a small number of countries. Access to these
oil and natural gas supplies depends on the political will of
these producing states. Competition

[[Page S7491]]

between governments for access to oil and natural gas
reserves can lead to economic, political, and armed conflict.
Oil exporting states have received dramatically increased
revenues due to high global prices, enhancing the ability of
some of these states to act in a manner threatening to global
stability.
(4) Efforts to combat poverty and protect the environment
are hindered by the continued predominance of oil and natural
gas in meeting global energy needs. Development of renewable
energy through sustainable practices will help lead to a
reduction in greenhouse gas emissions and enhance
international development.
(5) Cooperation on energy issues between the United States
Government and the governments of foreign countries is
critical for securing the strategic and economic interests of
the United States and of partner governments. In the current
global energy situation, the energy policies and activities
of the governments of foreign countries can have dramatic
impacts on United States energy security.
(b) Sense of Congress.--It is the sense of Congress that--
(1) United States national security requires that the
United States Government have an energy policy that pursues
the strategic goal of achieving energy security through
access to clean, affordable, sufficient, reliable, and
sustainable sources of energy;
(2) achieving energy security is a priority for United
States foreign policy and requires continued and enhanced
engagement with foreign governments and entities in a variety
of areas, including activities relating to the promotion of
alternative and renewable fuels, trade and investment in oil,
coal, and natural gas, energy efficiency, climate and
environmental protection, data transparency, advanced
scientific research, public-private partnerships, and energy
activities in international development;
(3) the President should ensure that the international
energy activities of the United States Government are given
clear focus to support the national security needs of the
United States, and to this end, there should be established a
mechanism to coordinate the implementation of United States
international energy policy among the Federal agencies
engaged in relevant agreements and activities; and
(4) the Secretary of State should ensure that energy
security is integrated into the core mission of the
Department of State, and to this end, there should be
established within the Office of the Secretary of State a
Coordinator for International Energy Affairs with
responsibility for--
(A) developing United States international energy policy in
coordination with the Department of Energy and other relevant
Federal agencies;
(B) working with appropriate United States Government
officials to develop and update analyses of the national
security implications of global energy developments;
(C) incorporating energy security priorities into the
activities of the Department;
(D) coordinating activities with relevant Federal agencies;
and
(E) coordinating energy security and other relevant
functions currently undertaken by offices within the Bureau
of Economic, Business, and Agricultural Affairs, the Bureau
of Democracy and Global Affairs, and other offices within the
Department of State.

SEC. 704. STRATEGIC ENERGY PARTNERSHIPS.

(a) Findings.--Congress makes the following findings:
(1) United States Government partnership with foreign
governments and entities, including partnership with the
private sector, for securing reliable and sustainable energy
is imperative to ensuring United States security and economic
interests, promoting international peace and security,
expanding international development, supporting democratic
reform, fostering economic growth, and safeguarding the
environment.
(2) Democracy and freedom should be promoted globally by
partnership with foreign governments, including in particular
governments of emerging democracies such as those of Ukraine
and Georgia, in their efforts to reduce their dependency on
oil and natural gas imports.
(3) The United States Government and the governments of
foreign countries have common needs for adequate, reliable,
affordable, clean, and sustainable energy in order to ensure
national security, economic growth, and high standards of
living in their countries. Cooperation by the United States
Government with foreign governments on meeting energy
security needs is mutually beneficial. United States
Government partnership with foreign governments should
include cooperation with major energy consuming countries,
major energy producing countries, and other governments
seeking to advance global energy security through reliable
and sustainable means.
(4) The United States Government participates in hundreds
of bilateral and multilateral energy agreements and
activities with foreign governments and entities. These
agreements and activities should reflect the strategic need
for energy security.
(b) Statement of Policy.--It is the policy of the United
States--
(1) to advance global energy security through cooperation
with foreign governments and entities;
(2) to promote reliable, diverse, and sustainable sources
of all types of energy;
(3) to increase global availability of renewable and clean
sources of energy;
(4) to decrease global dependence on oil and natural gas
energy sources; and
(5) to engage in energy cooperation to strengthen strategic
partnerships that advance peace, security, and democratic
prosperity.
(c) Authority.--The Secretary of State, in coordination
with the Secretary of Energy, should immediately seek to
establish and expand strategic energy partnerships with the
governments of major energy producers and major energy
consumers, and with governments of other countries (but
excluding any countries that are ineligible to receive United
States economic or military assistance).
(d) Purposes.--The purposes of the strategic energy
partnerships established pursuant to subsection (c) are--
(1) to strengthen global relationships to promote
international peace and security through fostering
cooperation in the energy sector on a mutually beneficial
basis in accordance with respective national energy policies;
(2) to promote the policy set forth in subsection (b),
including activities to advance--
(A) the mutual understanding of each country's energy
needs, priorities, and policies, including interparliamentary
understanding;
(B) measures to respond to acute energy supply disruptions,
particularly in regard to petroleum and natural gas
resources;
(C) long-term reliability and sustainability in energy
supply;
(D) the safeguarding and safe handling of nuclear fuel;
(E) human and environmental protection;
(F) renewable energy production;
(G) access to reliable and affordable energy for
underdeveloped areas, in particular energy access for the
poor;
(H) appropriate commercial cooperation;
(I) information reliability and transparency; and
(J) research and training collaboration;
(3) to advance the national security priority of developing
sustainable and clean energy sources, including through
research and development related to, and deployment of--
(A) renewable electrical energy sources, including biomass,
wind, and solar;
(B) renewable transportation fuels, including biofuels;
(C) clean coal technologies;
(D) carbon sequestration, including in conjunction with
power generation, agriculture, and forestry; and
(E) energy and fuel efficiency, including hybrids and plug-
in hybrids, flexible fuel, advanced composites, hydrogen, and
other transportation technologies; and
(4) to provide strategic focus for current and future
United States Government activities in energy cooperation to
meet the global need for energy security.
(e) Determination of Agendas.--In general, the specific
agenda with respect to a particular strategic energy
partnership, and the Federal agencies designated to implement
related activities, shall be determined by the Secretary of
State and the Secretary of Energy.
(f) Use of Current Agreements To Establish Partnerships.--
Some or all of the purposes of the strategic energy
partnerships established under subsection (c) may be pursued
through existing bilateral or multilateral agreements and
activities. Such agreements and activities shall be subject
to the reporting requirements in subsection (g).
(g) Reports Required.--
(1) Initial progress report.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of State
shall submit to the appropriate congressional committees a
report on progress made in developing the strategic energy
partnerships authorized under this section.
(2) Annual progress reports.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter for 20
years, the Secretary of State shall submit to the appropriate
congressional committees an annual report on agreements
entered into and activities undertaken pursuant to this
section, including international environment activities.
(B) Content.--Each report submitted under this paragraph
shall include details on--
(i) agreements and activities pursued by the United States
Government with foreign governments and entities, the
implementation plans for such agreements and progress
measurement benchmarks, United States Government resources
used in pursuit of such agreements and activities, and
legislative changes recommended for improved partnership; and
(ii) polices and actions in the energy sector of
partnership countries pertinent to United States economic,
security, and environmental interests.

SEC. 705. INTERNATIONAL ENERGY CRISIS RESPONSE MECHANISMS.

(a) Findings.--Congress makes the following findings:
(1) Cooperation between the United States Government and
governments of other countries during energy crises promotes
the national security of the United States.
(2) The participation of the United States in the
International Energy Program established under the Agreement
on an International Energy Program, done at Paris November
18, 1974 (27 UST 1685), including in

[[Page S7492]]

the coordination of national strategic petroleum reserves, is
a national security asset that--
(A) protects the consumers and the economy of the United
States in the event of a major disruption in petroleum
supply;
(B) maximizes the effectiveness of the United States
strategic petroleum reserve through cooperation in accessing
global reserves of various petroleum products;
(C) provides market reassurance in countries that are
members of the International Energy Program; and
(D) strengthens United States Government relationships with
members of the International Energy Program.
(3) The International Energy Agency projects that the
largest growth in demand for petroleum products, other than
demand from the United States, will come from China and
India, which are not members of the International Energy
Program. The Governments of China and India vigorously pursue
access to global oil reserves and are attempting to develop
national petroleum reserves. Participation of the Governments
of China and India in an international petroleum reserve
mechanism would promote global energy security, but such
participation should be conditional on the Governments of
China and India abiding by customary petroleum reserve
management practices.
(4) In the Western Hemisphere, only the United States and
Canada are members of the International Energy Program. The
vulnerability of most Western Hemisphere countries to supply
disruptions from political, natural, or terrorism causes may
introduce instability in the hemisphere and can be a source
of conflict, despite the existence of major oil reserves in
the hemisphere.
(5) Countries that are not members of the International
Energy Program and are unable to maintain their own national
strategic reserves are vulnerable to petroleum supply
disruption. Disruption in petroleum supply and spikes in
petroleum costs could devastate the economies of developing
countries and could cause internal or interstate conflict.
(6) The involvement of the United States Government in the
extension of international mechanisms to coordinate strategic
petroleum reserves and the extension of other emergency
preparedness measures should strengthen the current
International Energy Program.
(b) Energy Crisis Response Mechanisms With India and
China.--
(1) Authority.--The Secretary of State, in coordination
with the Secretary of Energy, should immediately seek to
establish a petroleum crisis response mechanism or mechanisms
with the Governments of China and India.
(2) Scope.--The mechanism or mechanisms established under
paragraph (1) should include--
(A) technical assistance in the development and management
of national strategic petroleum reserves;
(B) agreements for coordinating drawdowns of strategic
petroleum reserves with the United States, conditional upon
reserve holdings and management conditions established by the
Secretary of Energy;
(C) emergency demand restraint measures;
(D) fuel switching preparedness and alternative fuel
production capacity; and
(E) ongoing demand intensity reduction programs.
(3) Use of existing agreements to establish mechanism.--The
Secretary may, after consultation with Congress and in
accordance with existing international agreements, including
the International Energy Program, include China and India in
a petroleum crisis response mechanism through existing or new
agreements.
(c) Energy Crisis Response Mechanism for the Western
Hemisphere.--
(1) Authority.--The Secretary of State, in coordination
with the Secretary of Energy, should immediately seek to
establish a Western Hemisphere energy crisis response
mechanism.
(2) Scope.--The mechanism established under paragraph (1)
should include--
(A) an information sharing and coordinating mechanism in
case of energy supply emergencies;
(B) technical assistance in the development and management
of national strategic petroleum reserves within countries of
the Western Hemisphere;
(C) technical assistance in developing national programs to
meet the requirements of membership in a future international
energy application procedure as described in subsection (d);
(D) emergency demand restraint measures;
(E) energy switching preparedness and alternative energy
production capacity; and
(F) ongoing demand intensity reduction programs.
(3) Membership.--The Secretary should seek to include in
the Western Hemisphere energy crisis response mechanism
membership for each major energy producer and major energy
consumer in the Western Hemisphere and other members of the
Hemisphere Energy Cooperation Forum authorized under section
706.
(d) International Energy Program Application Procedure.--
(1) Authority.--The President should place on the agenda
for discussion at the Governing Board of the International
Energy Agency, as soon as practicable, the merits of
establishing an international energy program application
procedure.
(2) Purpose.--The purpose of such procedure is to allow
countries that are not members of the International Energy
Program to apply to the Governing Board of the International
Energy Agency for allocation of petroleum reserve stocks in
times of emergency on a grant or loan basis. Such countries
should also receive technical assistance for, and be subject
to, conditions requiring development and management of
national programs for energy emergency preparedness,
including demand restraint, fuel switching preparedness, and
development of alternative fuels production capacity.
(e) Reports Required.--
(1) Petroleum reserves.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Energy
shall submit to the appropriate congressional committees a
report that evaluates the options for adapting the United
States national strategic petroleum reserve and the
international petroleum reserve coordinating mechanism in
order to carry out this section.
(2) Crisis response mechanisms.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
State, in coordination with the Secretary of Energy, shall
submit to the appropriate congressional committees a report
on the status of the establishment of the international
petroleum crisis response mechanisms described in subsections
(b) and (c). The report shall include recommendations of the
Secretary of State and the Secretary of Energy for any
legislation necessary to establish or carry out such
mechanisms.
(3) Emergency application procedure.--Not later than 60
days after a discussion by the Governing Board of the
International Energy Agency of the application procedure
described under subsection (d), the President should submit
to Congress a report that describes--
(A) the actions the United States Government has taken
pursuant to such subsection; and
(B) a summary of the debate on the matter before the
Governing Board of the International Energy Agency, including
any decision that has been reached by the Governing Board
with respect to the matter.

SEC. 706. HEMISPHERE ENERGY COOPERATION FORUM.

(a) Findings.--Congress makes the following findings:
(1) The engagement of the United States Government with
governments of countries in the Western Hemisphere is a
strategic priority for reducing the potential for tension
over energy resources, maintaining and expanding reliable
energy supplies, expanding use of renewable energy, and
reducing the detrimental effects of energy import dependence
within the hemisphere. Current energy dialogues should be
expanded and refocused as needed to meet this challenge.
(2) Countries of the Western Hemisphere can most
effectively meet their common needs for energy security and
sustainability through partnership and cooperation.
Cooperation between governments on energy issues will enhance
bilateral relationships among countries of the hemisphere.
The Western Hemisphere is rich in natural resources,
including biomass, oil, natural gas, coal, and has
significant opportunity for production of renewable hydro,
solar, wind, and other energies. Countries of the Western
Hemisphere can provide convenient and reliable markets for
trade in energy goods and services.
(3) Development of sustainable energy alternatives in the
countries of the Western Hemisphere can improve energy
security, balance of trade, and environmental quality and
provide markets for energy technology and agricultural
products. Brazil and the United States have led the world in
the production of ethanol, and deeper cooperation on biofuels
with other countries of the hemisphere would extend economic
and security benefits.
(4) Private sector partnership and investment in all
sources of energy is critical to providing energy security in
the Western Hemisphere.
(b) Hemisphere Energy Cooperation Forum.--
(1) Establishment.--The Secretary of State, in coordination
with the Secretary of Energy, should immediately seek to
establish a regional-based ministerial forum to be known as
the Hemisphere Energy Cooperation Forum.
(2) Purposes.--The Hemisphere Energy Cooperation Forum
should seek--
(A) to strengthen relationships between the United States
and other countries of the Western Hemisphere through
cooperation on energy issues;
(B) to enhance cooperation between major energy producers
and major energy consumers in the Western Hemisphere,
particularly among the governments of Brazil, Canada, Mexico,
the United States, and Venezuela;
(C) to ensure that energy contributes to the economic,
social, and environmental enhancement of the countries of the
Western Hemisphere;
(D) to provide an opportunity for open dialogue and joint
commitments between member governments and with private
industry; and
(E) to provide participating countries the flexibility
necessary to cooperatively address broad challenges posed to
the energy supply of the Western Hemisphere that are

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practical in policy terms and politically acceptable.
(3) Activities.--The Hemisphere Energy Cooperation Forum
should implement the following activities:
(A) An Energy Crisis Initiative that will establish
measures to respond to temporary energy supply disruptions,
including through--
(i) strengthening sea-lane and infrastructure security;
(ii) implementing a real-time emergency information sharing
system;
(iii) encouraging members to have emergency mechanisms and
contingency plans in place; and
(iv) establishing a Western Hemisphere energy crisis
response mechanism as authorized under section 705(c).
(B) An Energy Sustainability Initiative to facilitate long-
term supply security through fostering reliable supply
sources of fuels, including development, deployment, and
commercialization of technologies for sustainable renewable
fuels within the region, including activities that--
(i) promote production and trade in sustainable energy,
including energy from biomass;
(ii) facilitate investment, trade, and technology
cooperation in energy infrastructure, petroleum products,
natural gas (including liquefied natural gas), energy
efficiency (including automotive efficiency), clean fossil
energy, renewable energy, and carbon sequestration;
(iii) promote regional infrastructure and market
integration;
(iv) develop effective and stable regulatory frameworks;
(v) develop renewable fuels standards and renewable
portfolio standards;
(vi) establish educational training and exchange programs
between member countries; and
(vii) identify and remove barriers to trade in technology,
services, and commodities.
(C) An Energy for Development Initiative to promote energy
access for underdeveloped areas through energy policy and
infrastructure development, including activities that--
(i) increase access to energy services for the poor;
(ii) improve energy sector market conditions;
(iii) promote rural development though biomass energy
production and use;
(iv) increase transparency of, and participation in, energy
infrastructure projects;
(v) promote development and deployment of technology for
clean and sustainable energy development, including biofuel
and clean coal technologies; and
(vi) facilitate use of carbon sequestration methods in
agriculture and forestry and linking greenhouse gas emissions
reduction programs to international carbon markets.
(c) Hemisphere Energy Industry Group.--
(1) Authority.--The Secretary of State, in coordination
with the Secretary of Commerce and the Secretary of Energy,
should approach the governments of other countries in the
Western Hemisphere to seek cooperation in establishing a
Hemisphere Energy Industry Group, to be coordinated by the
United States Government, involving industry representatives
and government representatives from the Western Hemisphere.
(2) Purpose.--The purpose of the forum should be to
increase public-private partnerships, foster private
investment, and enable countries of the Western Hemisphere to
devise energy agendas compatible with industry capacity and
cognizant of industry goals.
(3) Topics of dialogues.--Topics for the forum should
include--
(A) promotion of a secure investment climate;
(B) development and deployment of biofuels and other
alternative fuels and clean electrical production facilities,
including clean coal and carbon sequestration;
(C) development and deployment of energy efficient
technologies and practices, including in the industrial,
residential, and transportation sectors;
(D) investment in oil and natural gas production and
distribution;
(E) transparency of energy production and reserves data;
(F) research promotion; and
(G) training and education exchange programs.
(d) Annual Report.--The Secretary of State, in coordination
with the Secretary of Energy, shall submit to the appropriate
congressional committees an annual report on the
implementation of this section, including the strategy and
benchmarks for measurement of progress developed under this
section.

SEC. 707. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

In this title, the term ``appropriate congressional
committees'' means the Committee on Foreign Relations and the
Committee on Energy and Natural Resources of the Senate and
the Committee on Foreign Affairs and the Committee on Energy
and Commerce of the House of Representatives.

______

SA 1503. Mr. CARDIN submitted an amendment intended to be proposed by
him to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of subtitle E of title II, add the following:

SEC. 269. GREEN BUILDING STANDARDS FOR FEDERAL BUILDINGS.

(a) Definition of LEED Silver Standard.--In this section,
the term ``LEED silver standard'' means the Leadership in
Energy and Environmental Design green building rating
standard identified as silver by the United States Green
Building Council.
(b) Green Building Standards for Federal Buildings.--
(1) Requirement.--Except as provided in paragraph (2), a
Federal building for which the design phase for construction
or major renovation is begun after the date of enactment of
this Act shall be designed, constructed, and certified to
meet, at a minimum, the LEED silver standard.
(2) Determination of impracticability.--
(A) In general.--Subject to subparagraph (C)(ii), the
requirement under paragraph (1) shall not apply to a Federal
building if the head of the Federal agency with jurisdiction
over the Federal building, in accordance with the factors
described in subparagraph (B), determines that compliance
with the requirement under paragraph (1) would be
impracticable.
(B) Factors for determination.--In determining whether
compliance with the requirement under paragraph (1) would be
impracticable, the head of the Federal agency with
jurisdiction over the Federal building shall determine--
(i) the quantity of energy required by each activity
carried out in the Federal building; and
(ii) whether the Federal building is used to carry out an
activity relating to national security.
(C) Report.--
(i) In general.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the head of
each Federal agency shall prepare and submit to the Secretary
a report that includes a description of each Federal building
for which the head of the Agency with jurisdiction over the
Federal building determined that compliance with the
requirement under paragraph (1) would be impracticable.
(ii) Review by secretary.--Not later than 90 days after the
date on which the Secretary receives a report from a head of
a Federal agency under clause (i), the Secretary shall review
the report and notify the head of the Federal agency on
whether any Federal building described in the report
submitted by the head of the Federal agency shall be required
to comply with the requirement under paragraph (1).
(D) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall promulgate
regulations to carry out this paragraph.
(3) Study.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
the results of a study comparing--
(i) the expected energy savings resulting from the
implementation of this section; with
(ii) energy savings under all other Federal energy savings
requirements.
(B) Inclusion.--The Secretary shall include in the report
any recommendations for changes to Federal law necessary to
reduce or eliminate duplicative or inconsistent Federal
energy savings requirements.
______

SA 1504. Mr. CARDIN submitted an amendment intended to be proposed by
him to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. TELECOMMUTING TAX CREDIT.

(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
business related credits) is amended by adding at the end the
following new section:

``SEC. 45O. TELECOMMUTING CREDIT.

``(a) Determination of Amount.--For purposes of section 38,
the amount of the telecommuting credit determined under this
section for the taxable year shall be equal to 40 percent of
the qualified first-year wages for such year.
``(b) Qualified First-Year Wages.--For purposes of this
section--
``(1) In general.--The term `qualified first-year wages'
means, with respect to any individual, qualified wages
attributable to service rendered during the 1-year period
beginning with the day the individual begins work for the
employer.
``(2) Qualified wages.--The term `qualified wages' means
the wages paid or incurred by the employer during the taxable
year to qualified telecommuters.
``(3) Only first $6,000 of wages per year taken into
account.--The amount of the qualified first-year wages which
may be taken into account with respect to any individual
shall not exceed $6,000 per year.

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``(c) Qualified Telecommuter.--For purposes of this
section, the term `qualified telecommuter' means any
individual who renders not less than 40 percent of the
service described in subsection (b)(1) from the individual's
principal residence.
``(d) Wages.--For purposes of this section--
``(1) In general.--The term `wages' has the meaning given
to such term by subsection (b) of section 3306 (determined
without regard to any dollar limitation contained in such
section).
``(2) On-the-job training and work supplementation
payments.--
``(A) Exclusion for employers receiving on-the-job training
payments.--The term `wages' shall not include any amounts
paid or incurred by an employer for any period to any
individual for whom the employer receives federally funded
payments for on-the-job training of such individual for such
period.
``(B) Reduction for work supplementation payments to
employers.--The amount of wages which would (but for this
subparagraph) be qualified wages under this section for an
employer with respect to an individual for a taxable year
shall be reduced by an amount equal to the amount of the
payments made to such employer (however utilized by such
employer) with respect to such individual for such taxable
year under a program established under section 482(e) of the
Social Security Act.
``(e) Special Rules.--For purposes of this section, rules
similar to the rules of section 52 and subsections (f), (g),
(i), (j), and (k) of section 51 shall apply.''.
(b) Credit Treated as Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 is amended by striking
``plus'' at the end of paragraph (30), by striking the period
at the end of paragraph (31) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(32) the telecommuting credit determined under section
45O(a).''.
(c) Clerical Amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new item:

``Sec. 45O. Telecommuting credit.''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2007.

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