[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2950 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2950

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2007

  Mrs. Wilson of New Mexico introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
    the Committees on Science and Technology, Education and Labor, 
  Transportation and Infrastructure, Natural Resources, Oversight and 
Government Reform, Financial Services, Foreign Affairs, Small Business, 
Judiciary, Armed Services, Select Intelligence (Permanent Select), and 
Agriculture, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``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.
Sec. 113. Sense of Congress relating to the use of renewable resources 
                            to generate 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.
Sec. 131. Transitional assistance for farmers who plant dedicated 
                            energy crops for a local cellulosic 
                            refinery.
Sec. 132. Research and development in support of low-carbon fuels.
                          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 effects of ethanol-blended gasoline on off-road 
                            vehicles.
Sec. 150. Study of offshore wind resources.
                  Subtitle D--Environmental Safeguards

Sec. 161. Grants for production of advanced biofuels.
Sec. 162. Studies of effects of renewable fuel use.
Sec. 163. Integrated consideration of water quality in determinations 
                            on fuels and fuel additives.
Sec. 164. Anti-backsliding.
                 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 electronic 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.
Sec. 246. Inclusion of electric drive in Energy Policy Act of 1992.
Sec. 247. Commercial insulation demonstration program.
              Subtitle D--Setting Energy Efficiency Goals

Sec. 251. Oil savings plan and requirements.
Sec. 252. National energy efficiency improvement goals.
Sec. 253. National media campaign.
Sec. 254. Modernization of electricity grid system.
Sec. 255. Smart grid system report.
Sec. 256. Smart grid technology research, development, and 
                            demonstration.
Sec. 257. Smart grid interoperability framework.
Sec. 258. State consideration of smart grid.
Sec. 259. Support for energy independence of the United States.
Sec. 260. Energy Policy Commission.
   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.
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.
Sec. 269. Clean energy corridors.
Sec. 270. Federal standby power standard.
Sec. 270A. Standard relating to solar hot water heaters.
Sec. 270B. Renewable energy innovation manufacturing partnership.
Sec. 270C. Express loans for renewable energy and energy efficiency.
Sec. 270D. Small business energy efficiency.
 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. Energy efficiency and renewable energy worker training 
                            program.
Sec. 278. Assistance to States to reduce school bus idling.
Sec. 279. Definition of State.
Sec. 280. Coordination of planned refinery outages.
Sec. 281. Technical criteria for clean coal power initiative.
Sec. 282. Administration.
Sec. 283. Offshore renewable energy.
     Subtitle G--Marine and Hydrokinetic Renewable Energy Promotion

Sec. 291. Definition of marine and hydrokinetic renewable energy.
Sec. 292. Research and development.
Sec. 293. National ocean energy research centers.
   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.
Sec. 305. Capitol power plant carbon dioxide emissions demonstration 
                            program.
Sec. 306. Assessment of carbon sequestration and methane and nitrous 
                            oxide emissions from terrestrial 
                            ecosystems.
Sec. 307. Abrupt climate change research program.
    TITLE IV--COST-EFFECTIVE AND ENVIRONMENTALLY SUSTAINABLE PUBLIC 
                               BUILDINGS

              Subtitle A--Public Buildings Cost Reduction

Sec. 401. Short title.
Sec. 402. Cost-effective and geothermal heat pump 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. Increasing Consumer Awareness of Flexible Fuel Automobiles.
Sec. 512. Periodic review of accuracy of fuel economy labeling 
                            procedures.
Sec. 513. Tire fuel efficiency consumer information.
Sec. 514. Advanced Battery Initiative.
Sec. 515. Biodiesel standards.
Sec. 516. Use of Civil Penalties for research and development.
Sec. 517. Energy Security Fund and Alternative Fuel Grant Program.
Sec. 518. Authorization of appropriations.
Sec. 519. Application with Clean Air Act.
Sec. 520. Alternative fuel vehicle action plan.
Sec. 521. Study of the adequacy of transportation of domestically-
                            produced renewable fuel by railroads and 
                            other modes of transportation.
                        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. National Security Council reorganization.
Sec. 708. Annual national energy security strategy report.
Sec. 709. Appropriate congressional committees defined.
Sec. 710. No Oil Producing and Exporting Cartels Act of 2007.
Sec. 711. Convention on Supplementary Compensation for Nuclear Damage 
                            contingent cost allocation.
                       TITLE VIII--MISCELLANEOUS

Sec. 801. Study of the effect of private wire laws on the development 
                            of combined heat and power facilities.
                 TITLE IX--RENEWABLE PORTFOLIO STANDARD

Sec. 801. Renewable portfolio standard.

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 (including landfill gas and 
                        sewage waste treatment gas) produced through 
                        the conversion of organic matter from renewable 
                        biomass;
                            (vi) butanol or other alcohols produced 
                        through the conversion of organic matter from 
                        renewable biomass; and
                            (vii) other fuel derived from cellulosic 
                        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) nonmerchantable materials or precommercial 
                thinnings that--
                            (i) are byproducts of preventive 
                        treatments, such as trees, wood, brush, 
                        thinnings, chips, and slash, that are removed--
                                    (I) to reduce hazardous fuels;
                                    (II) to reduce or contain disease 
                                or insect infestation; or
                                    (III) to restore forest health;
                            (ii) would not otherwise be used for 
                        higher-value products; and
                            (iii) are harvested from National Forest 
                        System land or public land (as defined in 
                        section 103 of the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1702))--
                                    (I) where permitted by law; and
                                    (II) in accordance with--
                                            (aa) applicable land 
                                        management plans; and
                                            (bb) the requirements for 
                                        old-growth maintenance, 
                                        restoration, and management 
                                        direction of paragraphs (2), 
                                        (3), and (4) of subsection (e) 
                                        and the requirements for large-
                                        tree retention of subsection 
                                        (f) of section 102 of the 
                                        Healthy Forests Restoration Act 
                                        of 2003 (16 U.S.C. 6512); 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 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 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.

                  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 and home heating oil 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 that commence operations 
                                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--
                            (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 30 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.
    (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) Study of Impact of Renewable Fuel Standard.--
            (1) In general.--The Secretary shall enter into an 
        arrangement with the National Academy of Sciences under which 
        the Academy shall conduct a study to assess the impact of the 
        requirements described in subsection (a)(2) on each industry 
        relating to the production of feed grains, livestock, food, and 
        energy.
            (2) Participation.--In conducting the study under paragraph 
        (1), the National Academy of Sciences shall seek the 
        participation, and consider the input, of--
                    (A) producers of feed grains;
                    (B) producers of livestock, poultry, and pork 
                products;
                    (C) producers of food and food products;
                    (D) producers of energy;
                    (E) individuals and entities interested in issues 
                relating to conservation, the environment, and 
                nutrition; and
                    (F) users of renewable fuels.
            (3) Considerations.--In conducting the study, the National 
        Academy of Sciences shall consider--
                    (A) the likely impact on domestic animal 
                agriculture feedstocks that, in any crop year, are 
                significantly below current projections; and
                    (B) policy options to alleviate the impact on 
                domestic animal agriculture feedstocks that are 
                significantly below current projections.
            (4) Components.--The study shall include--
                    (A) a description of the conditions under which the 
                requirements described in subsection (a)(2) should be 
                suspended or reduced to prevent adverse impacts to 
                domestic animal agriculture feedstocks described in 
                paragraph (3)(B); and
                    (B) recommendations for the means by which the 
                Federal Government could prevent or minimize adverse 
                economic hardships and impacts.
            (5) Deadline for completion of study.--Not later than 270 
        days after the date of enactment of this Act, the Secretary 
        shall submit to Congress a report that describes the results of 
        the study.
            (6) Periodic reviews.--
                    (A) In general.--To allow for the appropriate 
                adjustment of the requirements described in subsection 
                (a)(2), the Secretary shall conduct periodic reviews 
                of--
                            (i) existing technologies;
                            (ii) the feasibility of achieving 
                        compliance with the requirements; and
                            (iii) the impacts of the requirements 
                        described in subsection (a)(2) on each 
                        individual and entity described in paragraph 
                        (2).
    (k) Effective Date.--Except as otherwise specifically provided in 
this section, this section takes effect on the date on which the 
National Academies of Science completes the study under subsection (j).

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).

SEC. 113. SENSE OF CONGRESS RELATING TO THE USE OF RENEWABLE RESOURCES 
              TO GENERATE ENERGY.

    (a) Findings.--Congress finds that--
            (1) the United States has a quantity of renewable energy 
        resources that is sufficient to supply a significant portion of 
        the energy needs of the United States;
            (2) the agricultural, forestry, and working land of the 
        United States can help ensure a sustainable domestic energy 
        system;
            (3) accelerated development and use of renewable energy 
        technologies provide numerous benefits to the United States, 
        including improved national security, improved balance of 
        payments, healthier rural economies, improved environmental 
        quality, and abundant, reliable, and affordable energy for all 
        citizens of the United States;
            (4) the production of transportation fuels from renewable 
        energy would help the United States meet rapidly growing 
        domestic and global energy demands, reduce the dependence of 
        the United States on energy imported from volatile regions of 
        the world that are politically unstable, stabilize the cost and 
        availability of energy, and safeguard the economy and security 
        of the United States;
            (5) increased energy production from domestic renewable 
        resources would attract substantial new investments in energy 
        infrastructure, create economic growth, develop new jobs for 
        the citizens of the United States, and increase the income for 
        farm, ranch, and forestry jobs in the rural regions of the 
        United States;
            (6) increased use of renewable energy is practical and can 
        be cost effective with the implementation of supportive 
        policies and proper incentives to stimulate markets and 
        infrastructure; and
            (7) public policies aimed at enhancing renewable energy 
        production and accelerating technological improvements will 
        further reduce energy costs over time and increase market 
        demand.
    (b) Sense of Congress.--It is the sense of Congress that it is the 
goal of the United States that, not later than January 1, 2025, the 
agricultural, forestry, and working land of the United States should--
            (1) provide from renewable resources not less than 25 
        percent of the total energy consumed in the United States; and
            (2) continue to produce safe, abundant, and affordable 
        food, feed, and fiber.

               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 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 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, including by portable processing equipment.
    (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, including by portable 
        processing equipment.
            (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.--Not later than 180 days after the 
        date of enactment of this Act, the President shall promulgate 
        regulations to ensure that each diesel-equivalent fuel derived 
        from renewable biomass and introduced into interstate commerce 
        is tested and certified to comply with applicable standards of 
        the American Society for Testing and Materials.
            (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.

SEC. 131. TRANSITIONAL ASSISTANCE FOR FARMERS WHO PLANT DEDICATED 
              ENERGY CROPS FOR A LOCAL CELLULOSIC REFINERY.

    (a) Definitions.--In this section:
            (1) Cellulosic crop.--The term ``cellulosic crop'' means a 
        tree or grass that is grown specifically--
                    (A) to provide raw materials (including feedstocks) 
                for conversion to liquid transportation fuels or 
                chemicals through biochemical or thermochemical 
                processes; or
                    (B) for energy generation through combustion, 
                pyrolysis, or cofiring.
            (2) Cellulosic refiner.--The term ``cellulosic refiner'' 
        means the owner or operator of a cellulosic refinery.
            (3) Cellulosic refinery.--The term ``cellulosic refinery'' 
        means a refinery that processes a cellulosic crop.
            (4) Qualified cellulosic crop.--The term ``qualified 
        cellulosic crop'' means, with respect to an agricultural 
        producer, a cellulosic crop that is--
                    (A) the subject of a contract or memorandum of 
                understanding between the producer and a cellulosic 
                refiner, under which the producer is obligated to sell 
                the crop to the cellulosic refiner by a certain date; 
                and
                    (B) produced not more than 70 miles from a 
                cellulosic refinery owned or operated by the cellulosic 
                refiner.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) Transitional Assistance Payments.--The Secretary shall make 
transitional assistance payments to an agricultural producer during the 
first year in which the producer devotes land to the production of a 
qualified cellulosic crop.
    (c) Amount of Payment.--
            (1) Determined by formula.--Subject to paragraph (2), the 
        Secretary shall devise a formula to be used to calculate the 
        amount of a payment to be made to an agricultural producer 
        under this section, based on the opportunity cost (as 
        determined in accordance with such standard as the Secretary 
        may establish, taking into consideration land rental rates and 
        other applicable costs) incurred by the producer during the 
        first year in which the producer devotes land to the production 
        of the qualified cellulosic crop.
            (2) Limitation.--The total of the amount paid to a producer 
        under this section shall not exceed an amount equal to 25 
        percent of the amounts made available under subsection (e) for 
        the applicable fiscal year.
    (d) Regulations.--The Secretary shall promulgate such regulations 
as the Secretary determines to be necessary to carry out this section.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $4,088,000 for each of fiscal 
years 2008 through 2012, to remain available until expended.

SEC. 132. RESEARCH AND DEVELOPMENT IN SUPPORT OF LOW-CARBON FUELS.

    (a) Declaration of Policy.--Congress declares that, in order to 
achieve maximum reductions in greenhouse gas emissions, enhance 
national security, and ensure the protection of wildlife habitat, 
biodiversity, water quality, air quality, and rural and regional 
economies throughout the lifecycle of each low-carbon fuel, it is 
necessary and desirable to undertake a combination of basic and applied 
research, as well as technology development and demonstration, 
involving the colleges and universities of the United States, in 
partnership with the Federal Government, State governments, and the 
private sector.
    (b) Purpose.--The purpose of this section is to provide for 
research support to facilitate the development of sustainable markets 
and technologies to produce and use woody biomass and other low-carbon 
fuels for the production of thermal and electric energy, biofuels, and 
bioproducts.
    (c) Definition of Fuel Emission Baseline.--In this section, the 
term ``fuel emission baseline'' means the average lifecycle greenhouse 
gas emissions per unit of energy of the fossil fuel component of 
conventional transportation fuels in commerce in the United States in 
calendar year 2008, as determined by the President.
    (d) Grant Program.--The President shall establish a program to 
provide to eligible entities (as identified by the President) grants 
for use in--
            (1) providing financial support for not more than 4 nor 
        less than 6 demonstration facilities that--
                    (A) use woody biomass to deploy advanced 
                technologies for production of thermal and electric 
                energy, biofuels, and bioproducts; and
                    (B) are targeted at regional feedstocks and 
                markets;
            (2) conducting targeted research for the development of 
        cellulosic ethanol and other liquid fuels from woody or other 
        biomass that may be used in transportation or stationary 
        applications, such as industrial processes or industrial, 
        commercial, and residential heating;
            (3) conducting research into the best scientifically-based 
        and periodically-updated methods of assessing and certifying 
        the impacts of each low-carbon fuel with respect to--
                    (A) the reduction in lifecycle greenhouse gas 
                emissions of each fuel as compared to--
                            (i) the fuel emission baseline; and
                            (ii) the greenhouse gas emissions of other 
                        sectors, such as the agricultural, industrial, 
                        and manufacturing sectors;
                    (B) the contribution of the fuel toward enhancing 
                the energy security of the United States by displacing 
                imported petroleum and petroleum products;
                    (C) any impacts of the fuel on wildlife habitat, 
                biodiversity, water quality, and air quality; and
                    (D) any effect of the fuel with respect to rural 
                and regional economies;
            (4) conducting research to determine to what extent the use 
        of low-carbon fuels in the transportation sector would impact 
        greenhouse gas emissions in other sectors, such as the 
        agricultural, industrial, and manufacturing sectors;
            (5) conducting research for the development of the supply 
        infrastructure that may provide renewable biomass feedstocks in 
        a consistent, predictable, and environmentally-sustainable 
        manner;
            (6) conducting research for the development of supply 
        infrastructure that may provide renewable low-carbon fuels in a 
        consistent, predictable, and environmentally-sustainable 
        manner; and
            (7) conducting policy research on the global movement of 
        low-carbon fuels in a consistent, predictable, and 
        environmentally-sustainable manner.
    (e) Authorization of Appropriations.--Of the funding authorized 
under section 122, there are authorized to be appropriated to carry out 
this section--
            (1) $45,000,000 for fiscal year 2009;
            (2) $50,000,000 for fiscal year 2010;
            (3) $55,000,000 for fiscal year 2011;
            (4) $60,000,000 for fiscal year 2012; and
            (5) $65,000,000 for fiscal year 2013.

                          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;
            (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 EFFECTS OF ETHANOL-BLENDED GASOLINE ON OFF-ROAD 
              VEHICLES.

    (a) Study.--
            (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.

SEC. 150. STUDY OF OFFSHORE WIND RESOURCES.

    (a) Definitions.--In this section:
            (1) Eligible institution.--The term ``eligible 
        institution'' means a college or university that--
                    (A) as of the date of enactment of this Act, has an 
                offshore wind power research program; and
                    (B) is located in a region of the United States 
                that is in reasonable proximity to the eastern outer 
                Continental Shelf, as determined by the Secretary.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the Minerals 
        Management Service.
    (b) Study.--The Secretary, in cooperation with an eligible 
institution, as selected by the Secretary, shall conduct a study to 
assess each offshore wind resource located in the region of the eastern 
outer Continental Shelf.
    (c) Report.--Upon completion of the study under subsection (b), the 
Secretary shall submit to Congress a report that includes--
            (1) a description of--
                    (A) the locations and total power generation 
                resources of the best offshore wind resources located 
                in the region of the eastern outer Continental Shelf, 
                as determined by the Secretary;
                    (B) based on conflicting zones relating to any 
                infrastructure that, as of the date of enactment of 
                this Act, is located in close proximity to any offshore 
                wind resource, the likely exclusion zones of each 
                offshore wind resource described in subparagraph (A);
                    (C) the relationship of the temporal variation of 
                each offshore wind resource described in subparagraph 
                (A) with--
                            (i) any other offshore wind resource; and
                            (ii) with loads and corresponding system 
                        operator markets;
                    (D) the geological compatibility of each offshore 
                wind resource described in subparagraph (A) with any 
                potential technology relating to sea floor towers; and
                    (E) with respect to each area in which an offshore 
                wind resource described in subparagraph (A) is located, 
                the relationship of the authority under any coastal 
                management plan of the State in which the area is 
                located with the Federal Government; and
            (2) recommendations on the manner by which to handle 
        offshore wind intermittence.
    (d) Incorporation of Study.--Effective beginning on the date on 
which the Secretary completes the study under subsection (b), the 
Secretary shall incorporate the findings included in the report under 
subsection (c) into the planning process documents for any wind energy 
lease sale--
            (1) relating to any offshore wind resource located in any 
        appropriate area of the outer Continental Shelf, as determined 
        by the Secretary; and
            (2) that is completed on or after the date of enactment of 
        this Act.
    (e) Effect.--Nothing in this section--
            (1) delays any final regulation to be promulgated by the 
        Secretary of the Interior to carry out section 8(p) of the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)); or
            (2) limits the authority of the Secretary to lease any 
        offshore wind resource located in any appropriate area of the 
        outer Continental Shelf, as determined by the Secretary.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000, to remain available 
until expended.

                  Subtitle D--Environmental Safeguards

SEC. 161. GRANTS FOR PRODUCTION OF ADVANCED BIOFUELS.

    (a) In General.--The Secretary shall establish a grant program to 
encourage the production of advanced biofuels.
    (b) Requirements and Priority.--In making grants under this 
section, the Secretary--
            (1) shall make awards to the proposals for advanced 
        biofuels with the greatest reduction in lifecycle greenhouse 
        gas emissions compared to the comparable motor vehicle fuel 
        lifecycle emissions during calendar year 2007; and
            (2) shall not make an award to a project that does not 
        achieve at least a 50-percent reduction in such lifecycle 
        greenhouse gas emissions.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $500,000,000 for the period of 
fiscal years 2008 through 2015.

SEC. 162. STUDIES OF EFFECTS OF RENEWABLE FUEL USE.

    Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by 
adding at the end the following:
    ``(t) Studies of Effects of Renewable Fuel Use.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, the Administrator shall offer to 
        enter into appropriate arrangements with the National Academy 
        of Sciences and any other independent research institute 
        determined to be appropriate by the Administrator, in 
        consultation with appropriate Federal agencies, to conduct 2 
        studies on the effects of increased domestic use of renewable 
        fuels under the Renewable Fuels, Consumer Protection, and 
        Energy Efficiency Act of 2007.
            ``(2) Matters to be studied.--
                    ``(A) In general.--The studies under this 
                subsection shall assess, quantify, and recommend 
                analytical methodologies in relation to environmental 
                changes associated with the increased domestic use of 
                renewable fuels under the Renewable Fuels, Consumer 
                Protection, and Energy Efficiency Act of 2007, 
                including production, handling, transportation, and use 
                of the fuels.
                    ``(B) Specific matters.--The studies shall include 
                an assessment and quantification, to the maximum extent 
                practicable, of significant changes--
                            ``(i) in air and water quality and the 
                        quality of other natural resources;
                            ``(ii) in land use patterns;
                            ``(iii) in the rate of deforestation in the 
                        United States and globally;
                            ``(iv) to greenhouse gas emissions;
                            ``(v) to significant geographic areas and 
                        habitats with high biodiversity values 
                        (including species richness, the presence of 
                        species that are exclusively native to a place, 
                        or the presence of endangered species); or
                            ``(vi) in the long-term capacity of the 
                        United States to produce biomass feedstocks.
                    ``(C) Baseline comparison.--In making an assessment 
                or quantifying effects of increased use of renewable 
                fuels, the studies shall use an appropriate baseline 
                involving increased use of the conventional 
                transportation fuels, if displacement by use of 
                renewable fuels had not occurred.
            ``(3) Reports to congress.--The Administrator shall submit 
        to Congress a report summarizing the assessments and findings 
        of--
                    ``(A) the first study, along with any 
                recommendations by the Administrator to mitigate 
                adverse effects identified by the study, not later than 
                3 years after the date of enactment of this subsection; 
                and
                    ``(B) the second study, along with any 
                recommendations by the Administrator to mitigate 
                adverse effects identified by the study, not later 
                December 31, 2015.''.

SEC. 163. INTEGRATED CONSIDERATION OF WATER QUALITY IN DETERMINATIONS 
              ON FUELS AND FUEL ADDITIVES.

    Section 211(c)(1) of the Clean Air Act (42 U.S.C. 7545(c)(1)) is 
amended--
            (1) by striking ``nonroad vehicle (A) if in the judgment of 
        the Administrator'' and inserting ``nonroad vehicle--
                    ``(A) if, in the judgment of the Administrator, any 
                fuel or fuel additive or'';
            (2) in subparagraph (A), by striking ``air pollution 
        which'' and inserting ``air pollution or water pollution 
        (including any degradation in the quality of groundwater) 
        that''; and
            (3) by striking ``, or (B) if'' and inserting the 
        following: ``; or
                    ``(B) if''.

SEC. 164. ANTI-BACKSLIDING.

    Section 211 of the Clean Air Act (42 U.S.C. 7545) (as amended by 
section 162) is amended by adding at the end the following:
    ``(u) Prevention of Air Quality Deterioration.--
            ``(1) Study.--
                    ``(A) In general.--Not later than 18 months after 
                the date of enactment of the Renewable Fuels, Consumer 
                Protection, and Energy Efficiency Act of 2007, the 
                Administrator shall complete a study to determine 
                whether the renewable fuel volumes required by that Act 
                will adversely impact air quality as a result of 
                changes in vehicle and engine emissions of air 
                pollutants regulated under this Act.
                    ``(B) Considerations.--The study shall include 
                consideration of--
                            ``(i) different blend levels, types of 
                        renewable fuels, and available vehicle 
                        technologies; and
                            ``(ii) appropriate national, regional, and 
                        local air quality control measures.
            ``(2) Regulations.--Not later than 3 years after the date 
        of enactment of the Renewable Fuels, Consumer Protection, and 
        Energy Efficiency Act of 2007, the Administrator shall--
                    ``(A) promulgate regulations to implement 
                appropriate measures to mitigate, to the greatest 
                extent achievable, considering the results of the study 
                under paragraph (1), any adverse impacts on air 
                quality, as the result of the renewable volumes 
                required by that Act; or
                    ``(B) make a determination that no such measures 
                are necessary.
            ``(3) Other requirements.--Nothing in title I of the 
        Renewable Fuels, Consumer Protection, and Energy Efficiency Act 
        of 2007 supercedes or otherwise affects any Federal or State 
        requirement under any other provision of law that is more 
        stringent than any requirement of this title.''.

                 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
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
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
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 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;
                    (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) Report.--Not later than 2 years after the date of enactment of 
this Act, and annually thereafter, the Administrator of General 
Services shall submit to the Energy Information Agency a report 
describing the quantity, type, and cost of each lighting product 
purchased by the Federal Government.
    (i) 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).
    (j) 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 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--
                            ``(i) for covered products (excluding 
                        clothes washers, dishwashers, showerheads, 
                        faucets, water closets, and urinals), prescribe 
                        a minimum level of energy efficiency or a 
                        maximum quantity of energy use, determined in 
                        accordance with test procedures prescribed 
                        under section 323;
                            ``(ii) for showerheads, faucets, water 
                        closets, and urinals, prescribe a minimum level 
                        of water efficiency or a maximum quantity of 
                        water use, determined in accordance with test 
                        procedures prescribed under section 323; and
                            ``(iii) for clothes washers and 
                        dishwashers--
                                    ``(I) prescribe a minimum level of 
                                energy efficiency or a maximum quantity 
                                of energy use, determined in accordance 
                                with test procedures prescribed under 
                                section 323; and
                                    ``(II) may include a minimum level 
                                of water efficiency or a maximum 
                                quantity of water use, determined in 
                                accordance with those test procedures.
                    ``(B) Inclusions.--The term `energy conservation 
                standard' includes--
                            ``(i) 1 or more design requirements, if the 
                        requirements were established--
                                    ``(I) on or before the date of 
                                enactment of this subclause; or
                                    ``(II) as part of a consensus 
                                agreement under section 325(hh); and
                            ``(ii) any other requirements that the 
                        Secretary may prescribe under section 325(r).
                    ``(C) Exclusion.--The term `energy conservation 
                standard' does not include a performance standard for a 
                component of a finished covered product, unless 
                regulation of the component is authorized or 
                established pursuant to this title.''.

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).''.

SEC. 224. EXPEDITED RULEMAKINGS.

    (a) Procedure for Prescribing New or Amended Standards.--Section 
325(p) of the Energy Policy and Conservation Act (42 U.S.C. 6295(p)) is 
amended by adding at the end the following:
            ``(5) Direct final rules.--
                    ``(A) In general.--On receipt of a statement that 
                is submitted jointly by interested persons that are 
                fairly representative of relevant points of view 
                (including representatives of manufacturers of covered 
                products, States, and efficiency advocates), as 
                determined by the Secretary, and contains 
                recommendations with respect to an energy or water 
                conservation standard--
                            ``(i) if the Secretary determines that the 
                        recommended standard contained in the statement 
                        is in accordance with subsection (o) or section 
                        342(a)(6)(B), as applicable, the Secretary may 
                        issue a final rule that establishes an energy 
                        or water conservation standard and is published 
                        simultaneously with a notice of proposed 
                        rulemaking that proposes a new or amended 
                        energy or water conservation standard that is 
                        identical to the standard established in the 
                        final rule to establish the recommended 
                        standard (referred to in this paragraph as a 
                        `direct final rule'); or
                            ``(ii) if the Secretary determines that a 
                        direct final rule cannot be issued based on the 
                        statement, the Secretary shall publish a notice 
                        of the determination, together with an 
                        explanation of the reasons for the 
                        determination.
                    ``(B) Public comment.--The Secretary shall--
                            ``(i) solicit public comment with respect 
                        to each direct final rule issued by the 
                        Secretary under subparagraph (A)(i); and
                            ``(ii) publish a response to each comment 
                        so received.
                    ``(C) Withdrawal of direct final rules.--
                            ``(i) In general.--Not later than 120 days 
                        after the date on which a direct final rule 
                        issued under subparagraph (A)(i) is published 
                        in the Federal Register, the Secretary shall 
                        withdraw the direct final rule if--
                                    ``(I) the Secretary receives 1 or 
                                more adverse public comments relating 
                                to the direct final rule under 
                                subparagraph (B)(i); and
                                    ``(II) based on the complete 
                                rulemaking record relating to the 
                                direct final rule, the Secretary 
                                tentatively determines that the adverse 
                                public comments are relevant under 
                                subsection (o), section 342(a)(6)(B), 
                                or any other applicable law.
                            ``(ii) Action on withdrawal.--On withdrawal 
                        of a direct final rule under clause (i), the 
                        Secretary shall--
                                    ``(I) proceed with the notice of 
                                proposed rulemaking published 
                                simultaneously with the direct final 
                                rule as described in subparagraph 
                                (A)(i); and
                                    ``(II) publish in the Federal 
                                Register the reasons why the direct 
                                final rule was withdrawn.
                            ``(iii) Treatment of withdrawn direct final 
                        rules.--A direct final rule that is withdrawn 
                        under clause (i) shall not be considered to be 
                        a final rule for purposes of subsection (o).
                    ``(D) Effect of paragraph.--Nothing in this 
                paragraph authorizes the Secretary to issue a direct 
                final rule based solely on receipt of more than 1 
                statement containing recommended standards relating to 
                the direct final rule.''.
    (b) Conforming Amendment.--Section 345(b)(1) of the Energy Policy 
and Conservation Act (42 U.S.C. 6316(b)(1)) is amended in the first 
sentence by inserting ``section 325(p)(5),'' after ``The provisions 
of''.

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(m) of the Energy 
Policy and Conservation Act (42 U.S.C. 6295(m)) is amended--
            (1) by designating the first and second sentences as 
        paragraphs (1) and (4), respectively;
            (2) by striking paragraph (1) (as so designated) and 
        inserting the following:
            ``(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 or should not be amended based 
        on the criteria 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.''; and
            (3) in paragraph (4) (as so designated), by striking ``(4) 
        An'' and inserting the following:
            ``(4) Application of amendment.--An''.
    (c) Standards.--Section 342(a)(6) of the Energy Policy and 
Conservation Act (42 U.S.C. 6313(a)(6)) is amended by striking 
``(6)(A)(i)'' and all that follows through the end of subparagraph (A) 
and inserting the following:
            ``(6) Amended energy efficiency standards.--
                    ``(A) In general.--
                            ``(i) 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, very large commercial 
                        package air conditioning and heating equipment, 
                        packaged terminal 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.
                            ``(ii) Amended uniform national standard 
                        for products.--
                                    ``(I) In general.--Except as 
                                provided in subclause (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 clause (i), the Secretary 
                                shall establish an amended uniform 
                                national standard for the product at 
                                the minimum level specified in the 
                                amended ASHRAE/IES Standard 90.1.
                                    ``(II) More stringent standard.--
                                Subclause (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.
                            ``(iii) Rule.--If the Secretary makes a 
                        determination described in clause (ii)(II) for 
                        a product described in clause (i), 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) 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 ELECTRONIC PRODUCTS.

    (a) In General.--Section 324(a) of the Energy Policy and 
Conservation Act (42 U.S.C. 6294(a)) is amended--
            (1) in paragraph (2), by adding at the end the following:
                    ``(H) Labeling requirements.--
                            ``(i) In general.--Subject to clauses (ii) 
                        through (iv), not later than 18 months after 
                        the date of issuance of applicable Department 
                        of Energy testing procedures, the Commission, 
                        in consultation with the Secretary and the 
                        Administrator of the Environmental Protection 
                        Agency (acting through the Energy Star 
                        program), shall, by regulation, promulgate 
                        labeling or other disclosure requirements for 
                        the energy use of--
                                    ``(I) televisions;
                                    ``(II) personal computers;
                                    ``(III) cable or satellite set-top 
                                boxes;
                                    ``(IV) stand-alone digital video 
                                recorder boxes; and
                                    ``(V) personal computer monitors.
                            ``(ii) Alternate testing procedures.--In 
                        the absence of applicable testing procedures 
                        described in clause (i) for products described 
                        in subclauses (I) through (V) of that clause, 
                        the Commission may by regulation promulgate 
                        labeling requirements for a consumer product 
                        category described in clause (i) if the 
                        Commission--
                                    ``(I) identifies adequate non-
                                Department of Energy testing procedures 
                                for those products; and
                                    ``(II) determines that labeling of 
                                those products is likely to assist 
                                consumers in making purchasing 
                                decisions.
                            ``(iii) Deadline and requirements for 
                        labeling.--
                                    ``(I) Deadline.--Not later than 18 
                                months after the date of promulgation 
                                of any requirements under clause (i) or 
                                (ii), the Commission shall require 
                                labeling of electronic products 
                                described in clause (i).
                                    ``(II) Requirements.--The 
                                requirements promulgated under clause 
                                (i) or (ii) may include specific 
                                requirements for each electronic 
                                product to be labeled with respect to 
                                the placement, size, and content of 
                                Energy Guide labels.
                            ``(iv) Determination of feasibility.--
                        Clause (i) or (ii) shall not apply in any case 
                        in which the Commission determines that 
                        labeling in accordance with this subsection--
                                    ``(I) is not technologically or 
                                economically feasible; or
                                    ``(II) is not likely to assist 
                                consumers in making purchasing 
                                decisions.''; and
            (2) by adding at the end the following:
            ``(6) Authority to include additional product categories.--
        The Commission may require labeling in accordance with this 
        subsection for any consumer product not specified in this 
        subsection or section 322 if the Commission determines that 
        labeling for the product is likely to assist consumers in 
        making purchasing decisions.''.
    (b) Content of Label.--Section 324(c) of the Energy Policy and 
Conservation Act (42 U.S.C. 6924(c)) is amended by adding at the end 
the following:
            ``(9) Discretionary application.--The Commission may apply 
        paragraphs (1), (2), (3), (5), and (6) of this subsection to 
        the labeling of any product covered by paragraph (2)(H) or (6) 
        of subsection (a).''.

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:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
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 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, 2015.--Not later than January 
                        1, 2015, 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, 2015, 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:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
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 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 vehicles 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 and 
                developing new manufacturing processes and material 
                suppliers 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.
    (e) Set Aside for Small Automobile Manufacturers and Component 
Suppliers.--
            (1) Definition of covered firm.--In this subsection, the 
        term ``covered firm'' means a firm that--
                    (A) employs less than 500 individuals; and
                    (B) manufactures automobiles or components of 
                automobiles.
            (2) Set aside.--Of the amount of funds that are used to 
        provide awards for each fiscal year under this section, the 
        Secretary shall use not less than 30 percent of the amount to 
        provide awards to covered firms or consortia led by a covered 
        firm.

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.
                            (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) electrode-active materials, including 
                        electrolytes and bioelectrolytes;
                            (iv) surface and interface dynamics;
                            (v) modeling and simulation; and
                            (vi) thermal behavior and life degradation 
                        mechanisms; and
                            (vii) thermal behavior and life degradation 
                        mechanisms.
                    (B) Nanoscience centers.--The Secretary, in 
                cooperation with the Council, shall coordinate the 
                activities of the nanoscience centers of the Department 
                to help the nanoscience centers of the Department 
                maintain a globally competitive posture in energy 
                storage systems for motor transportation and 
                electricity transmission and distribution.
            (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 and battery systems (including flow 
                batteries);
                    (D) compressed air energy systems;
                    (E) power conditioning electronics;
                    (F) manufacturing technologies for energy storage 
                systems; and
                    (G) thermal management systems.
            (6) Energy storage research centers.--
                    (A) In general.--The Secretary shall establish, 
                through competitive bids, not more than 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 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))).
            (7) Disclosure.--Section 623 of the Energy Policy Act of 
        1992 (42 U.S.C. 13293) may apply to any project carried out 
        through a grant, contract, or cooperative agreement under this 
        section.
            (8) Intellectual property.--In accordance with section 
        202(a)(ii) of title 35, United States Code, section 152 of the 
        Atomic Energy Act of 1954 (42 U.S.C. 2182), and section 9 of 
        the Federal Nonnuclear Research and Development Act of 1974 (42 
        U.S.C. 5908), the Secretary may require, for any new invention 
        developed under paragraph (6)--
                    (A) that any industrial participant that is active 
                in a Energy Storage Research Center established under 
                paragraph (6) related to the advancement of energy 
                storage technologies carried out, in whole or in part, 
                with Federal funding, be granted the first option to 
                negotiate with the invention owner, at least in the 
                field of energy storage technologies, nonexclusive 
                licenses and royalties on terms that are reasonable, as 
                determined by the Secretary;
                    (B) that, during a 2-year period beginning on the 
                date on which an invention is made, the patent holder 
                shall not negotiate any license or royalty agreement 
                with any entity that is not an industrial participant 
                under paragraph (6);
                    (C) that, during the 2-year period described in 
                subparagraph (B), the patent holder shall negotiate 
                nonexclusive licenses and royalties in good faith with 
                any interested industrial participant under paragraph 
                (6); and
                    (D) such other terms as the Secretary determines to 
                be necessary to promote the accelerated 
                commercialization of inventions made under paragraph 
                (6) to advance the capability of the United States to 
                successfully compete in global energy storage markets.
            (9) Review by national academy of sciences.--Not later than 
        3 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 carrying out this section.
            (10) 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) Definitions.--In this subsection--
                    (A) Battery.--The term ``battery'' means an 
                electrochemical energy storage device powered directly 
                by electrical current.
                    (B) Plug-in electric drive vehicle.--The term 
                ``plug-in electric drive vehicle'' means a 
                precommercial vehicle that--
                            (i) draws motive power from a battery with 
                        a capacity of at least 4 kilowatt-hours;
                            (ii) can be recharged from an external 
                        source of electricity for motive power; and
                            (iii) 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 plug-in 
        electric drive vehicles.
            (3) Eligibility.--
                    (A) In general.--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.
                    (B) Certain applicants.--A battery manufacturer 
                that proposes to supply to an applicant for a grant 
                under this section a battery with a capacity of greater 
                than 1 kilowatt-hour for use in a plug-in electric 
                drive vehicle shall--
                            (i) ensure that the applicant includes in 
                        the application a description of the price of 
                        the battery per kilowatt-hour;
                            (ii) on approval by the Secretary of the 
                        application, publish, or permit the Secretary 
                        to publish, the price described in clause (i); 
                        and
                            (iii) for any order received by the battery 
                        manufacturer for at least 1,000 batteries, 
                        offer the batteries at that price.
            (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 plug-in 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 Electric Drive Transportation Deployment Program.--
            (1) Definition of qualified electric transportation 
        project.--
                    (A) In general.--In this subsection, the term 
                ``qualified electric transportation project'' means a 
                project that would simultaneously reduce emissions of 
                criteria pollutants, greenhouse gas emissions, and 
                petroleum usage by at least 40 percent as compared to 
                commercially available, petroleum-based technologies.
                    (B) Inclusions.--In this subsection, the term 
                ``qualified electric transportation project'' includes 
                a project relating to--
                            (i) shipside or shoreside electrification 
                        for vessels;
                            (ii) truck-stop electrification;
                            (iii) electric truck refrigeration units;
                            (iv) battery powered auxiliary power units 
                        for trucks;
                            (v) electric airport ground support 
                        equipment;
                            (vi) electric material and cargo handling 
                        equipment;
                            (vii) electric or dual-mode electric 
                        freight rail;
                            (viii) any distribution upgrades needed to 
                        supply electricity to the project; and
                            (ix) any ancillary infrastructure, 
                        including panel upgrades, battery chargers, in-
                        situ transformers, and trenching.
            (2) Establishment.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Secretary of Transportation and the Administrator of the 
        Environmental Protection Agency, shall establish a program to 
        provide grants and loans to eligible entities for the conduct 
        of qualified electric transportation projects.
            (3) Grants.--
                    (A) In general.--Of the amounts made available for 
                grants under paragraph (2)--
                            (i) \2/3\ shall be made available by the 
                        Secretary on a competitive basis for qualified 
                        electric transportation projects based on the 
                        overall cost-effectiveness of a qualified 
                        electric transportation project in reducing 
                        emissions of criteria pollutants, emissions of 
                        greenhouse gases, and petroleum usage; and
                            (ii) \1/3\ shall be made available by the 
                        Secretary for qualified electric transportation 
                        projects in the order that the grant 
                        applications are received, if the qualified 
                        electric transportation projects meet the 
                        minimum standard for the reduction of emissions 
                        of criteria pollutants, emissions of greenhouse 
                        gases, and petroleum usage described in 
                        paragraph (1)(A).
                    (B) Priority.--In providing grants under this 
                paragraph, the Secretary shall give priority to large-
                scale projects and large-scale aggregators of projects.
                    (C) Cost sharing.--Section 988 of the Energy Policy 
                Act of 2005 (42 U.S.C. 16352) shall apply to a grant 
                made under this paragraph.
            (4) Revolving loan program.--
                    (A) In general.--The Secretary shall establish a 
                revolving loan program to provide loans to eligible 
                entities for the conduct of qualified electric 
                transportation projects under paragraph (2).
                    (B) Criteria.--The Secretary shall establish 
                criteria for the provision of loans under this 
                paragraph.
                    (C) Funding.--Of amounts made available to carry 
                out this subsection, the Secretary shall use any 
                amounts not used to provide grants under paragraph (3) 
                to carry out the revolving loan program under this 
                paragraph.
    (c) Market Assessment Program.--The Administrator of the 
Environmental Protection Agency, in consultation with the Secretary and 
private industry, shall carry out a program--
            (1) to inventory and analyze existing electric drive 
        transportation technologies and hybrid technologies and 
        markets; and
            (2) to identify and implement methods of removing barriers 
        for existing and emerging applications of electric drive 
        transportation technologies and hybrid transportation 
        technologies.
    (d) Electricity Usage Program.--
            (1) In general.--The Secretary, in consultation with the 
        Administrator of the Environmental Protection Agency and 
        private industry, shall carry out a program--
                    (A) to work with utilities to develop low-cost, 
                simple methods of--
                            (i) using off-peak electricity; or
                            (ii) managing on-peak electricity use;
                    (B) to develop systems and processes--
                            (i) to enable plug-in electric vehicles to 
                        enhance the availability of emergency back-up 
                        power for consumers;
                            (ii) to study and demonstrate the potential 
                        value to the electric grid to use the energy 
                        stored in the on-board storage systems to 
                        improve the efficiency and reliability of the 
                        grid generation system; and
                            (iii) to work with utilities and other 
                        interested stakeholders to study and 
                        demonstrate the implications of the 
                        introduction of plug-in electric vehicles and 
                        other types of electric transportation on the 
                        production of electricity from renewable 
                        resources.
            (2) Off-peak electricity usage grants.--In carrying out the 
        program under paragraph (1), the Secretary shall provide grants 
        to assist eligible public and private electric utilities for 
        the conduct of programs or activities to encourage owners of 
        electric drive transportation technologies--
                    (A) to use off-peak electricity; or
                    (B) to have the load managed by the utility.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out subsections (b), (c), and (d) $125,000,000 
for each of fiscal years 2008 through 2013.
    (f) Electric Drive Transportation Technologies.--
            (1) Definitions.--In this subsection:
                    (A) Battery.--The term ``battery'' means an 
                electrochemical energy storage device powered directly 
                by electrical current.
                    (B) Electric drive transportation technology.--The 
                term ``electric drive transportation technology'' 
                means--
                            (i) technology used in vehicles that use an 
                        electric motor for all or part of the motive 
                        power of the vehicles, including battery 
                        electric, hybrid electric, plug-in hybrid 
                        electric, fuel cell, and plug-in fuel cell 
                        vehicles, or rail transportation; or
                            (ii) equipment relating to transportation 
                        or mobile sources of air pollution that use an 
                        electric motor to replace an internal 
                        combustion engine for all or part of the work 
                        of the equipment, including--
                                    (I) corded electric equipment 
                                linked to transportation or mobile 
                                sources of air pollution; and
                                    (II) electrification technologies 
                                at airports, ports, truck stops, and 
                                material-handling facilities.
                    (C) Energy storage device.--
                            (i) In general.--The term ``energy storage 
                        device'' means the onboard device used in an 
                        on-road or nonroad vehicle to store energy, or 
                        a battery, ultracapacitor, compressed air 
                        energy storage system, or flywheel used to 
                        store energy in a stationary application.
                            (ii) Inclusions.--The term ``energy storage 
                        device'' includes--
                                    (I) in the case of an electric or 
                                hybrid electric or fuel cell vehicle, a 
                                battery, ultracapacitor, or similar 
                                device; and
                                    (II) in the case of a hybrid 
                                hydraulic vehicle, an accumulator or 
                                similar device.
                    (D) Engine dominant hybrid vehicle.--The term 
                ``engine dominant hybrid vehicle'' means an on-road or 
                nonroad vehicle that--
                            (i) is propelled by an internal combustion 
                        engine or heat engine using--
                                    (I) any combustible fuel; and
                                    (II) an on-board, rechargeable 
                                energy storage device; and
                            (ii) has no means of using an off-board 
                        source of energy.
                    (E) Nonroad vehicle.--The term ``nonroad vehicle'' 
                means a vehicle--
                            (i) powered by--
                                    (I) a nonroad engine, as that term 
                                is defined in section 216 of the Clean 
                                Air Act (42 U.S.C. 7550); or
                                    (II) fully or partially by an 
                                electric motor powered by a fuel cell, 
                                a battery, or an off-board source of 
                                electricity; and
                            (ii) that is not a motor vehicle or a 
                        vehicle used solely for competition.
                    (F) Plug-in electric drive vehicle.--In this 
                section, the term ``plug-in electric drive vehicle'' 
                means a precommercial vehicle that--
                            (i) draws motive power from a battery with 
                        a capacity of at least 4 kilowatt-hours;
                            (ii) can be recharged from an external 
                        source of electricity for motive power; and
                            (iii) is a light-, medium-, or heavy-duty 
                        onroad or nonroad vehicle.
            (2) Evaluation of plug-in electric drive transportation 
        technology benefits.--
                    (A) In general.--The Secretary, in cooperation with 
                the Administrator of the Environmental Protection 
                Agency, the heads of other appropriate Federal 
                agencies, and appropriate interested stakeholders, 
                shall evaluate and, as appropriate, modify existing 
                test protocols for fuel economy and emissions to ensure 
                that any protocols for electric drive transportation 
                technologies, including plug-in electric drive 
                vehicles, accurately measure the fuel economy and 
                emissions performance of the electric drive 
                transportation technologies.
                    (B) Requirements.--Test protocols (including any 
                modifications to test protocols) for electric drive 
                transportation technologies under subparagraph (A) 
                shall--
                            (i) be designed to assess the full 
                        potential of benefits in terms of reduction of 
                        emissions of criteria pollutants, reduction of 
                        energy use, and petroleum reduction; and
                            (ii) consider--
                                    (I) the vehicle and fuel as a 
                                system, not just an engine;
                                    (II) nightly off-board charging, as 
                                applicable; and
                                    (III) different engine-turn on 
                                speed control strategies.
            (3) Plug-in electric drive vehicle research and 
        development.--The Secretary shall conduct an applied research 
        program for plug-in electric drive vehicle technology and 
        engine dominant hybrid vehicle technology, including--
                    (A) high-capacity, high-efficiency energy storage 
                devices that, as compared to existing technologies that 
                are in commercial service, have improved life, energy 
                storage capacity, and power delivery capacity;
                    (B) high-efficiency on-board and off-board charging 
                components;
                    (C) high-power and energy-efficient drivetrain 
                systems for passenger and commercial vehicles and for 
                nonroad vehicles;
                    (D) development and integration of control systems 
                and power trains for plug-in electric vehicles, plug-in 
                hybrid fuel cell vehicles, and engine dominant hybrid 
                vehicles, including--
                            (i) development of efficient cooling 
                        systems;
                            (ii) analysis and development of control 
                        systems that minimize the emissions profile in 
                        cases in which clean diesel engines are part of 
                        a plug-in hybrid drive system; and
                            (iii) development of different control 
                        systems that optimize for different goals, 
                        including--
                                    (I) prolonging energy storage 
                                device life;
                                    (II) reduction of petroleum 
                                consumption; and
                                    (III) reduction of greenhouse gas 
                                emissions;
                    (E) application of nanomaterial technology to 
                energy storage devices and fuel cell systems; and
                    (F) use of smart vehicle and grid interconnection 
                devices and software that enable communications between 
                the grid of the future and electric drive 
                transportation technology vehicles.
            (4) Education program.--
                    (A) In general.--The Secretary shall develop a 
                nationwide electric drive transportation technology 
                education program under which the Secretary shall 
                provide--
                            (i) teaching materials to secondary schools 
                        and high schools; and
                            (ii) assistance for programs relating to 
                        electric drive system and component engineering 
                        to institutions of higher education.
                    (B) Electric vehicle competition.--The program 
                established under subparagraph (A) shall include a 
                plug-in hybrid electric vehicle competition for 
                institutions of higher education, which shall be known 
                as the ``Dr. Andrew Frank Plug-In Electric Vehicle 
                Competition''.
                    (C) Engineers.--In carrying out the program 
                established under subparagraph (A), the Secretary shall 
                provide financial assistance to institutions of higher 
                education to create new, or support existing, degree 
                programs to ensure the availability of trained 
                electrical and mechanical engineers with the skills 
                necessary for the advancement of--
                            (i) plug-in electric drive vehicles; and
                            (ii) other forms of electric drive 
                        transportation technology vehicles.
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated for each of fiscal years 2008 through 2013--
                    (A) to carry out paragraph (3) $200,000,000; and
                    (B) to carry out paragraph (4) $5,000,000.
    (g) Collaboration and Merit Review.--
            (1) Collaboration with national laboratories.--To the 
        maximum extent practicable, National Laboratories shall 
        collaborate with the public, private, and academic sectors and 
        with other National Laboratories in the design, conduct, and 
        dissemination of the results of programs and activities 
        authorized under this section.
            (2) Collaboration with mobile energy storage program.--To 
        the maximum extent practicable, the Secretary shall seek to 
        coordinate the stationary and mobile energy storage programs of 
        the Department of the Energy with the programs and activities 
        authorized under this section.
            (3) Merit review.--Notwithstanding section 989 of the 
        Energy Policy Act of 2005 (42 U.S.C. 16353), of the amounts 
        made available to carry out this section, not more than 30 
        percent shall be provided to National Laboratories.

SEC. 246. INCLUSION OF ELECTRIC DRIVE IN ENERGY POLICY ACT OF 1992.

    Section 508 of the Energy Policy Act of 1992 (42 U.S.C. 13258) is 
amended--
            (1) by redesignating subsections (a) through (d) as 
        subsections (b) through (e), respectively;
            (2) by inserting before subsection (b) the following:
    ``(a) Definitions.--In this section:
            ``(1) Fuel cell electric vehicle.--The term `fuel cell 
        electric vehicle' means an on-road or nonroad vehicle that uses 
        a fuel cell (as defined in section 803 of the Spark M. 
        Matsunaga Hydrogen Act of 2005 (42 U.S.C. 16152)).
            ``(2) Hybrid electric vehicle.--The term `hybrid electric 
        vehicle' means a new qualified hybrid motor vehicle (as defined 
        in section 30B(d)(3) of the Internal Revenue Code of 1986).
            ``(3) Medium- or heavy-duty electric vehicle.--The term 
        `medium- or heavy-duty electric vehicle' means an electric, 
        hybrid electric, or plug-in hybrid electric vehicle with a 
        gross vehicle weight of more than 8,501 pounds.
            ``(4) Neighborhood electric vehicle.--The term 
        `neighborhood electric vehicle' means a 4-wheeled on-road or 
        nonroad vehicle that--
                    ``(A) has a top attainable speed in 1 mile of more 
                than 20 mph and not more than 25 mph on a paved level 
                surface; and
                    ``(B) is propelled by an electric motor and on-
                board, rechargeable energy storage system that is 
                rechargeable using an off-board source of electricity.
            ``(5) Plug-in hybrid electric vehicle.--The term `plug-in 
        hybrid electric vehicle' means a light-duty, medium-duty, or 
        heavy-duty on-road or nonroad vehicle that is propelled by any 
        combination of--
                    ``(A) an electric motor and on-board, rechargeable 
                energy storage system capable of operating the vehicle 
                in intermittent or continuous all-electric mode and 
                which is rechargeable using an off-board source of 
                electricity; and
                    ``(B) an internal combustion engine or heat engine 
                using any combustible fuel.'';
            (3) in subsection (b) (as redesignated by paragraph (1))--
                    (A) by striking ``The Secretary'' and inserting the 
                following:
            ``(1) Allocation.--The Secretary''; and
                    (B) by adding at the end the following:
            ``(2) Electric vehicles.--Not later than January 31, 2009, 
        the Secretary shall--
                    ``(A) allocate credit in an amount to be determined 
                by the Secretary for--
                            ``(i) acquisition of--
                                    ``(I) a hybrid electric vehicle;
                                    ``(II) a plug-in hybrid electric 
                                vehicle;
                                    ``(III) a fuel cell electric 
                                vehicle;
                                    ``(IV) a neighborhood electric 
                                vehicle; or
                                    ``(V) a medium- or heavy-duty 
                                electric vehicle; and
                            ``(ii) investment in qualified alternative 
                        fuel infrastructure or nonroad equipment, as 
                        determined by the Secretary; and
                    ``(B) allocate more than 1, but not to exceed 5, 
                credits for investment in an emerging technology 
                relating to any vehicle described in subparagraph (A) 
                to encourage--
                            ``(i) a reduction in petroleum demand;
                            ``(ii) technological advancement; and
                            ``(iii) a reduction in vehicle 
                        emissions.''.
            (4) in subsection (c) (as redesignated by paragraph (1)), 
        by striking ``subsection (a)'' and inserting ``subsection 
        (b)''; and
            (5) by adding at the end the following:
    ``(e) 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 2013.''.

SEC. 247. COMMERCIAL INSULATION DEMONSTRATION PROGRAM.

    (a) Definitions.--In this section:
            (1) Advanced insulation.--The term ``advanced insulation'' 
        means insulation that has an R value of not less than R35 per 
        inch.
            (2) Covered refrigeration unit.--The term ``covered 
        refrigeration unit'' means any--
                    (A) commercial refrigerated truck;
                    (B) commercial refrigerated trailer; and
                    (C) commercial refrigerator, freezer, or 
                refrigerator-freezer described in section 342(c) of the 
                Energy Policy and Conservation Act (42 U.S.C. 6313(c)).
    (b) Report.--Not later than 90 days after the date of enactment of 
this Act, the Secretary shall submit to Congress a report that includes 
an evaluation of--
            (1) the state of technological advancement of advanced 
        insulation; and
            (2) the projected amount of cost savings that would be 
        generated by implementing advanced insulation into covered 
        refrigeration units.
    (c) Demonstration Program.--
            (1) Establishment.--If the Secretary determines in the 
        report described in subsection (b) that the implementation of 
        advanced insulation into covered refrigeration units would 
        generate an economically justifiable amount of cost savings, 
        the Secretary, in cooperation with manufacturers of covered 
        refrigeration units, shall establish a demonstration program 
        under which the Secretary shall demonstrate the cost-
        effectiveness of advanced insulation.
            (2) Disclosure.--Section 623 of the Energy Policy Act of 
        1992 (42 U.S.C. 13293) may apply to any project carried out 
        under this subsection.
            (3) Cost-sharing.--Section 988 of the Energy Policy Act of 
        2005 (42 U.S.C. 16352) shall apply to any project carried out 
        under this subsection.
    (d) Authorization of Appropriations.--Of the funds authorized under 
section 911(b) of Public Law 109-58, the Energy Policy Act of 2005, 
such sums shall be allocated to carry out this program.

              Subtitle D--Setting Energy Efficiency Goals

SEC. 251. OIL SAVINGS PLAN AND REQUIREMENTS.

    (a) Oil Savings Target and Action Plan.--Not later than 270 days 
after the date of enactment of this Act, the Director of the Office of 
Management and Budget (referred to in this section as the ``Director'') 
shall publish in the Federal Register an action plan consisting of--
            (1) a list of requirements proposed or to be proposed 
        pursuant to subsection (b) that are authorized to be issued 
        under law in effect on the date of enactment of this Act, and 
        this Act, that will be sufficient, when taken together, to save 
        from the baseline determined under subsection (e)--
                    (A) 2,500,000 barrels of oil per day on average 
                during calendar year 2016;
                    (B) 7,000,000 barrels of oil per day on average 
                during calendar year 2026; and
                    (C) 10,000,000 barrels per day on average during 
                calendar year 2031; and
            (2) a Federal Government-wide analysis demonstrating--
                    (A) the expected oil savings from the baseline to 
                be accomplished by each requirement; and
                    (B) that all such requirements, taken together, 
                will achieve the oil savings specified in this 
                subsection.
    (b) Standards and Requirements.--
            (1) In general.--On or before the date of publication of 
        the action plan under subsection (a), the Secretary of Energy, 
        the Secretary of Transportation, the Secretary of Defense, the 
        Secretary of Agriculture, the Secretary of the Treasury, the 
        Administrator of the Environmental Protection Agency, and the 
        head of any other agency the President determines appropriate 
        shall each propose, or issue a notice of intent to propose, 
        regulations establishing each standard or other requirement 
        listed in the action plan that is under the jurisdiction of the 
        respective agency using authorities described in paragraph (2).
            (2) Authorities.--The head of each agency described in 
        paragraph (1) shall use to carry out this subsection--
                    (A) any authority in existence on the date of 
                enactment of this Act (including regulations); and
                    (B) any new authority provided under this Act 
                (including an amendment made by this Act).
            (3) Final regulations.--Not later than 18 months after the 
        date of enactment of this Act, the head of each agency 
        described in paragraph (1) shall promulgate final versions of 
        the regulations required under this subsection.
            (4) Content of regulations.--Each proposed and final 
        regulation promulgated under this subsection shall--
                    (A) be sufficient to achieve at least the oil 
                savings resulting from the regulation under the action 
                plan published under subsection (a); and
                    (B) be accompanied by an analysis by the applicable 
                agency demonstrating that the regulation will achieve 
                the oil savings from the baseline determined under 
                subsection (e).
    (c) Initial Evaluation.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Director shall--
                    (A) publish in the Federal Register a Federal 
                Government-wide analysis of--
                            (i) the oil savings achieved from the 
                        baseline established under subsection (e); and
                            (ii) the expected oil savings under the 
                        standards and requirements of this Act (and 
                        amendments made by this Act); and
                    (B) determine whether oil savings will meet the 
                targets established under subsection (a).
            (2) Insufficient oil savings.--If the oil savings are less 
        than the targets established under subsection (a), 
        simultaneously with the analysis required under paragraph (1)--
                    (A) the Director shall publish a revised action 
                plan that is sufficient to achieve the targets; and
                    (B) the head of each agency referred to in 
                subsection (b)(1) shall propose new or revised 
                regulations that are sufficient to achieve the targets 
                under paragraphs (1), (2), and (3), respectively, of 
                subsection (b).
            (3) Final regulations.--Not later than 180 days after the 
        date on which regulations are proposed under paragraph (2)(B), 
        the head of each agency referred to in subsection (b)(1) shall 
        promulgate final versions of those regulations that comply with 
        subsection (b)(1).
    (d) Review and Update of Action Plan.--
            (1) Review.--Not later than January 1, 2011, and every 3 
        years thereafter, the Director shall submit to Congress, and 
        publish, a report that--
                    (A) evaluates the progress achieved in implementing 
                the oil savings targets established under subsection 
                (a);
                    (B) analyzes the expected oil savings under the 
                standards and requirements established under this Act 
                and the amendments made by this Act; and
                    (C)(i) analyzes the potential to achieve oil 
                savings that are in addition to the savings required by 
                subsection (a); and
                    (ii) if the President determines that it is in the 
                national interest, establishes a higher oil savings 
                target for calendar year 2017 or any subsequent 
                calendar year.
            (2) Insufficient oil savings.--If the oil savings are less 
        than the targets established under subsection (a), 
        simultaneously with the report required under paragraph (1)--
                    (A) the Director shall publish a revised action 
                plan that is sufficient to achieve the targets; and
                    (B) the head of each agency referred to in 
                subsection (b)(1) shall propose new or revised 
                regulations that are sufficient to achieve the targets 
                under paragraphs (1), (2), and (3), respectively, of 
                subsection (b).
            (3) Final regulations.--Not later than 180 days after the 
        date on which regulations are proposed under paragraph (2)(B), 
        the head of each agency referred to in subsection (b)(1) shall 
        promulgate final versions of those regulations that comply with 
        subsection (b)(1).
    (e) Baseline and Analysis Requirements.--In performing the analyses 
and promulgating proposed or final regulations to establish standards 
and other requirements necessary to achieve the oil savings required by 
this section, the Secretary of Energy, the Secretary of Transportation, 
the Secretary of Defense, the Secretary of Agriculture, the 
Administrator of the Environmental Protection Agency, and the head of 
any other agency the President determines to be appropriate shall--
            (1) determine oil savings as the projected reduction in oil 
        consumption from the baseline established by the reference case 
        contained in the report of the Energy Information 
        Administration entitled ``Annual Energy Outlook 2005'';
            (2) determine the oil savings projections required on an 
        annual basis for each of calendar years 2009 through 2026; and
            (3) account for any overlap among the standards and other 
        requirements to ensure that the projected oil savings from all 
        the promulgated standards and requirements, taken together, are 
        as accurate as practicable.
    (f) Nonregulatory Measures.--The action plan required under 
subsection (a) and the revised action plans required under subsections 
(c) and (d) shall include--
            (1) a projection of the barrels of oil displaced by 
        efficiency and sources of energy other than oil, including 
        biofuels, electricity, and hydrogen; and
            (2) a projection of the barrels of oil saved through 
        enactment of this Act and the Energy Policy Act of 2005 (42 
        U.S.C. 15801 et seq.).

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.

SEC. 255. SMART GRID SYSTEM REPORT.

    (a) In General.--The Secretary, acting through the Director of the 
Office of Electricity Delivery and Energy Reliability (referred to in 
this section as the ``Secretary''), shall, after consulting with any 
interested individual or entity as appropriate, no later than one year 
after enactment, report to Congress concerning the status of smart grid 
deployments nationwide and any regulatory or government barriers to 
continued deployment.

SEC. 256. SMART GRID TECHNOLOGY RESEARCH, DEVELOPMENT, AND 
              DEMONSTRATION.

    (a) Power Grid Digital Information Technology.--The Secretary, in 
consultation with the Federal Energy Regulatory Commission and other 
appropriate agencies, electric utilities, the States, and other 
stakeholders, shall carry out a program--
            (1) to develop advanced techniques for measuring peak load 
        reductions and energy-efficiency savings from smart metering, 
        demand response, distributed generation, and electricity 
        storage systems;
            (2) to investigate means for demand response, distributed 
        generation, and storage to provide ancillary services;
            (3) to conduct research to advance the use of wide-area 
        measurement and control networks, including data mining, 
        visualization, advanced computing, and secure and dependable 
        communications in a highly-distributed environment;
            (4) to test new reliability technologies in a grid control 
        room environment against a representative set of local outage 
        and wide area blackout scenarios;
            (5) to investigate the feasibility of a transition to time-
        of-use and real-time electricity pricing;
            (6) to develop algorithms for use in electric transmission 
        system software applications;
            (7) to promote the use of underutilized electricity 
        generation capacity in any substitution of electricity for 
        liquid fuels in the transportation system of the United States; 
        and
            (8) in consultation with the Federal Energy Regulatory 
        Commission, to propose interconnection protocols to enable 
        electric utilities to access electricity stored in vehicles to 
        help meet peak demand loads.
    (b) Smart Grid Regional Demonstration Initiative.--
            (1) In general.--The Secretary shall establish a smart grid 
        regional demonstration initiative (referred to in this 
        subsection as the ``Initiative'') composed of demonstration 
        projects specifically focused on advanced technologies for use 
        in power grid sensing, communications, analysis, and power flow 
        control. The Secretary shall seek to leverage existing smart 
        grid deployments.
            (2) Goals.--The goals of the Initiative shall be--
                    (A) to demonstrate the potential benefits of 
                concentrated investments in advanced grid technologies 
                on a regional grid;
                    (B) to facilitate the commercial transition from 
                the current power transmission and distribution system 
                technologies to advanced technologies;
                    (C) to facilitate the integration of advanced 
                technologies in existing electric networks to improve 
                system performance, power flow control, and 
                reliability;
                    (D) to demonstrate protocols and standards that 
                allow for the measurement and validation of the energy 
                savings and fossil fuel emission reductions associated 
                with the installation and use of energy efficiency and 
                demand response technologies and practices; and
                    (E) to investigate differences in each region and 
                regulatory environment regarding best practices in 
                implementing smart grid technologies.
            (3) Demonstration projects.--
                    (A) In general.--In carrying out the initiative, 
                the Secretary shall carry out smart grid demonstration 
                projects in up to 5 electricity control areas, 
                including rural areas and at least 1 area in which the 
                majority of generation and transmission assets are 
                controlled by a tax-exempt entity.
                    (B) Cooperation.--A demonstration project under 
                subparagraph (A) shall be carried out in cooperation 
                with the electric utility that owns the grid facilities 
                in the electricity control area in which the 
                demonstration project is carried out.
                    (C) Federal share of cost of technology 
                investments.--The Secretary shall provide to an 
                electric utility described in subparagraph (B) 
                financial assistance for use in paying an amount equal 
                to not more than 50 percent of the cost of qualifying 
                advanced grid technology investments made by the 
                electric utility to carry out a demonstration project.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated--
                    (A) to carry out subsection (a), such sums as are 
                necessary for each of fiscal years 2008 through 2012; 
                and
                    (B) to carry out subsection (b), $100,000,000 for 
                each of fiscal years 2008 through 2012.

SEC. 257. SMART GRID INTEROPERABILITY FRAMEWORK.

    (a) Interoperability Framework.--The Federal Energy Regulatory 
Commission (referred to in this section as the ``Commission''), in 
cooperation with other relevant federal agencies, shall coordinate with 
smart grid stakeholders to develop protocols for the establishment of a 
flexible framework for the connection of smart grid devices and systems 
that would align policy, business, and technology approaches in a 
manner that would enable all electric resources, including demand-side 
resources, to contribute to an efficient, reliable electricity network.
    (c) Scope of Framework.--The framework developed under subsection 
(b) shall be designed--
            (1) to accommodate traditional, centralized generation and 
        transmission resources and consumer distributed resources, 
        including distributed generation, renewable generation, energy 
        storage, energy efficiency, and demand response and enabling 
        devices and systems;
            (2) to be flexible to incorporate--
                    (A) regional and organizational differences; and
                    (B) technological innovations; and
            (3) to consider include voluntary uniform standards for 
        certain classes of mass-produced electric appliances and 
        equipment for homes and businesses that enable customers, at 
        their election and consistent with applicable State and federal 
        laws, and are manufactured with the ability to respond to 
        electric grid emergencies and demand response signals by 
        curtailing all, or a portion of, the electrical power consumed 
        by the appliances or equipment in response to an emergency or 
        demand response signal, including through--
                    (A) load reduction to reduce total electrical 
                demand;
                    (B) adjustment of load to provide grid ancillary 
                services; and
                    (C) in the event of a reliability crisis that 
                threatens an outage, short-term load shedding to help 
                preserve the stability of the grid.
            (4) Such voluntary standards should incorporate appropriate 
        manufacturer lead time.

SEC. 258. STATE CONSIDERATION OF SMART GRID.

    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) Consideration of smart grid investments.--
                Each State shall consider requiring that, prior to 
                undertaking investments in nonadvanced grid 
                technologies, an electric utility of the State 
                demonstrate to the State that the electric utility 
                considered an investment in a qualified smart grid 
                system based on appropriate factors, including--
                            ``(i) total costs;
                                    ``(ii) cost-effectiveness;
                                    ``(iii) improved reliability;
                                    ``(iv) security;
                                    ``(v) system performance; and
                                    ``(vi) societal benefit.
                            ``(B) Rate recovery.--Each State shall 
                        consider authorizing each electric utility of 
                        the State to recover from ratepayers any 
                        capital, operating expenditure, or other costs 
                        of the electric utility relating to the 
                        deployment of a qualified smart grid system, 
                        including a reasonable rate of return on the 
                        capital expenditures of the electric utility 
                        for the deployment of the qualified smart grid 
                        system.
                            ``(C) Obsolete equipment.--Each State shall 
                        consider authorizing any electric utility or 
                        other party of the State to deploy a qualified 
                        smart grid system to recover in a timely manner 
                        the remaining book-value costs of any equipment 
                        rendered obsolete by the deployment of the 
                        qualified smart grid system, based on the 
                        remaining depreciable life of the obsolete 
                        equipment.''.

SEC. 259. SUPPORT FOR ENERGY INDEPENDENCE OF THE UNITED STATES.

    It is the policy of the United States to provide support for 
projects and activities to facilitate the energy independence of the 
United States so as to ensure that all but 10 percent of the energy 
needs of the United States are supplied by domestic energy sources.

SEC. 260. ENERGY POLICY COMMISSION.

    (a) Establishment.--
            (1) In general.--There is established a commission, to be 
        known as the ``National Commission on Energy Independence'' 
        (referred to in this section as the ``Commission'').
            (2) Membership.--The Commission shall be composed of 15 
        members, of whom--
                    (A) 3 shall be appointed by the President;
                    (B) 3 shall be appointed by the majority leader of 
                the Senate;
                    (C) 3 shall be appointed by the minority leader of 
                the Senate;
                    (D) 3 shall be appointed by the Speaker of the 
                House of Representatives; and
                    (E) 3 shall be appointed by the minority leader of 
                the House of Representatives.
            (3) Co-chairpersons.--
                    (A) In general.--The President shall designate 2 
                co-chairpersons from among the members of the 
                Commission appointed.
                    (B) Political affiliation.--The co-chairpersons 
                designated under subparagraph (A) shall not both be 
                affiliated with the same political party.
            (4) Deadline for appointment.--Members of the Commission 
        shall be appointed not later than 90 days after the date of 
        enactment of this Act.
            (5) Term; vacancies.--
                    (A) Term.--A member of the Commission shall be 
                appointed for the life of the Commission.
                    (B) Vacancies.--Any vacancy in the Commission--
                            (i) shall not affect the powers of the 
                        Commission; and
                            (ii) shall be filled in the same manner as 
                        the original appointment.
    (b) Purpose.--The Commission shall conduct a comprehensive review 
of the energy policy of the United States by--
            (1) reviewing relevant analyses of the current and long-
        term energy policy of, and conditions in, the United States;
            (2) identifying problems that may threaten the achievement 
        by the United States of long-term energy policy goals, 
        including energy independence;
            (3) analyzing potential solutions to problems that threaten 
        the long-term ability of the United States to achieve those 
        energy policy goals; and
            (4) providing recommendations that will ensure, to the 
        maximum extent practicable, that the energy policy goals of the 
        United States are achieved.
    (c) Report and Recommendations.--
            (1) In general.--Not later than December 31 of each of 
        calendar years 2009, 2011, 2013, and 2015, the Commission shall 
        submit to Congress and the President a report on the progress 
        of United States in meeting the long-term energy policy goal of 
        energy independence, including a detailed statement of the 
        consensus findings, conclusions, and recommendations of the 
        Commission.
            (2) Legislative language.--If a recommendation submitted 
        under paragraph (1) involves legislative action, the report 
        shall include proposed legislative language to carry out the 
        action.
    (d) Commission Personnel Matters.--
            (1) Staff and director.--The Commission shall have a staff 
        headed by an Executive Director.
            (2) Staff appointment.--The Executive Director may appoint 
        such personnel as the Executive Director and the Commission 
        determine to be appropriate.
            (3) Experts and consultants.--With the approval of the 
        Commission, the Executive Director may procure temporary and 
        intermittent services under section 3109(b) of title 5, United 
        States Code.
            (4) Federal agencies.--
                    (A) Detail of government employees.--
                            (i) In general.--Upon the request of the 
                        Commission, the head of any Federal agency may 
                        detail, without reimbursement, any of the 
                        personnel of the Federal agency to the 
                        Commission to assist in carrying out the duties 
                        of the Commission.
                            (ii) Nature of detail.--Any detail of a 
                        Federal employee under clause (i) shall not 
                        interrupt or otherwise affect the civil service 
                        status or privileges of the Federal employee.
                    (B) Technical assistance.--Upon the request of the 
                Commission, the head of a Federal agency shall provide 
                such technical assistance to the Commission as the 
                Commission determines to be necessary to carry out the 
                duties of the Commission.
    (e) Resources.--
            (1) In general.--The Commission shall have reasonable 
        access to materials, resources, statistical data, and such 
        other information from Executive agencies as the Commission 
        determines to be necessary to carry out the duties of the 
        Commission.
            (2) Form of requests.--The co-chairpersons of the 
        Commission shall make requests for access described in 
        paragraph (1) in writing, as necessary.

   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 and the use of 2-wheeled electric 
                drive devices.
            ``(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 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 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:
                    ``(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, the Secretary of 
Housing and Urban Development or the Secretary of Agriculture make a 
determination that the revised codes do not negatively affect the 
availability or affordability of new construction of assisted housing 
and single family and multifamily residential housing (other than 
manufactured homes) subject to mortgages insured under the National 
Housing Act (12 U.S.C. 1701 et seq.) or insured, guaranteed, or made by 
the Secretary of Agriculture under title V of the Housing Act of 1949 
(42 U.S.C. 1471 et seq.), respectively, and 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.

SEC. 269. CLEAN ENERGY CORRIDORS.

    Section 216 of the Federal Power Act (16 U.S.C. 824p) is amended--
            (1) in subsection (a)--
                    (A) by striking ``(1) Not later than'' and 
                inserting the following:
            ``(1) In general.--Not later than'';
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Report and designations.--
                    ``(A) In general.--After considering alternatives 
                and recommendations from interested parties (including 
                an opportunity for comment from affected States), the 
                Secretary shall issue a report, based on the study 
                conducted under paragraph (1), in which the Secretary 
                may designate as a national interest electric 
                transmission corridor any geographic area experiencing 
                electric energy transmission capacity constraints or 
                congestion that adversely affects consumers, including 
                constraints or congestion that--
                            ``(i) increases costs to consumers;
                            ``(ii) limits resource options to serve 
                        load growth; or
                            ``(iii) limits access to sources of clean 
                        energy, such as wind, solar energy, geothermal 
                        energy, and biomass.
                    ``(B) Additional designations.--In addition to the 
                corridor designations made under subparagraph (A), the 
                Secretary may designate additional corridors in 
                accordance with that subparagraph upon the application 
                by an interested person, on the condition that the 
                Secretary provides for an opportunity for notice and 
                comment by interested persons and affected States on 
                the application.'';
                    (C) in paragraph (3), the striking ``(3) The 
                Secretary'' and inserting the following:
            ``(3) Consultation.--The Secretary''; and
                    (D) in paragraph (4)--
                            (i) by striking ``(4) In determining'' and 
                        inserting the following:
            ``(4) Basis for determination.--In determining''; and
                            (ii) by striking subparagraphs (A) through 
                        (E) and inserting the following:
                    ``(A) the economic vitality and development of the 
                corridor, or the end markets served by the corridor, 
                may be constrained by lack of adequate or reasonably 
                priced electricity;
                    ``(B)(i) economic growth in the corridor, or the 
                end markets served by the corridor, may be jeopardized 
                by reliance on limited sources of energy; and
                    ``(ii) a diversification of supply is warranted;
                    ``(C) the energy independence of the United States 
                would be served by the designation;
                    ``(D) the designation would be in the interest of 
                national energy policy; and
                    ``(E) the designation would enhance national 
                defense and homeland security.''; and
            (2) by adding at the end the following:
    ``(l) Rates and Recovery of Costs.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, the Commission shall promulgate 
        regulations providing for the allocation and recovery of costs 
        prudently incurred by public utilities in building and 
        operating facilities authorized under this section for 
        transmission of electric energy generated from clean sources 
        (such as wind, solar energy, geothermal energy, and biomass).
            ``(2) Applicable provisions.--All rates approved under the 
        regulations promulgated under paragraph (1), including any 
        revisions to the regulations, shall be subject to the 
        requirements under sections 205 and 206 that all rates, 
        charges, terms, and conditions be just and reasonable and not 
        unduly discriminatory or preferential.''.

SEC. 270. FEDERAL STANDBY POWER STANDARD.

    (a) Definitions.--In this section:
            (1) Agency.--
                    (A) In general.--The term ``Agency'' has the 
                meaning given the term ``Executive agency'' in section 
                105 of title 5, United States Code.
                    (B) Inclusions.--The term ``Agency'' includes 
                military departments, as the term is defined in section 
                102 of title 5, United States Code.
            (2) Eligible product.--The term ``eligible product'' means 
        a commercially available, off-the-shelf product that--
                    (A)(i) uses external standby power devices; or
                    (ii) contains an internal standby power function; 
                and
                    (B) is included on the list compiled under 
                subsection (d).
    (b) Federal Purchasing Requirement.--Subject to subsection (c), if 
an Agency purchases an eligible product, the Agency shall purchase--
            (1) an eligible product that uses not more than 1 watt in 
        the standby power consuming mode of the eligible product; or
            (2) if an eligible product described in paragraph (1) is 
        not available, the eligible product with the lowest available 
        standby power wattage in the standby power consuming mode of 
        the eligible product.
    (c) Limitation.--The requirements of subsection (b) shall apply to 
a purchase by an Agency only if--
            (1) the lower-wattage eligible product is--
                    (A) lifecycle cost-effective; and
                    (B) practicable; and
            (2) the utility and performance of the eligible product is 
        not compromised by the lower wattage requirement.
    (d) Eligible Products.--The Secretary of Energy, in consultation 
with the Secretary of Defense, the Administrator of the Environmental 
Protection Agency, and the Administrator of General Services, shall 
compile a publicly accessible list of cost-effective eligible products 
that shall be subject to the purchasing requirements of subsection (b).

SEC. 270A. STANDARD RELATING TO SOLAR HOT WATER HEATERS.

    Section 305(a)(3)(A) of the Energy Conservation and Production Act 
(42 U.S.C. 6834(a)(3)(A)) (as amended by section 266) is amended--
            (1) in clause (i)(III), by striking ``and'' at the end;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                            ``(iii) if life-cycle cost-effective, as 
                        compared to other reasonably available 
                        technologies, not less than 30 percent of the 
                        hot water demand for each new or substantially 
                        modified Federal building be met through the 
                        installation and use of solar hot water 
                        heaters.''.

SEC. 270B. RENEWABLE ENERGY INNOVATION MANUFACTURING PARTNERSHIP.

    (a) Establishment.--The Secretary shall carry out a program, to be 
known as the Renewable Energy Innovation Manufacturing Partnership 
Program (referred to in this section as the ``Program''), to make 
assistance awards to eligible entities for use in carrying out 
research, development, and demonstration relating to the manufacturing 
of renewable energy technologies.
    (b) Solicitation.--To carry out the Program, the Secretary shall 
annually conduct a competitive solicitation for assistance awards for 
an eligible project described in subsection (e).
    (c) Program Purposes.--The purposes of the Program are--
            (1) to develop, or aid in the development of, advanced 
        manufacturing processes, materials, and infrastructure;
            (2) to increase the domestic production of renewable energy 
        technology and components; and
            (3) to better coordinate Federal, State, and private 
        resources to meet regional and national renewable energy goals 
        through advanced manufacturing partnerships.
    (d) Eligible Entities.--An entity shall be eligible to receive an 
assistance award under the Program to carry out an eligible project 
described in subsection (e) if the entity is composed of--
            (1) 1 or more public or private nonprofit institutions or 
        national laboratories engaged in research, development, 
        demonstration, or technology transfer, that would participate 
        substantially in the project; and
            (2) 1 or more private entities engaged in the manufacturing 
        or development of renewable energy system components (including 
        solar energy, wind energy, biomass, geothermal energy, energy 
        storage, or fuel cells).
    (e) Eligible Projects.--An eligible entity may use an assistance 
award provided under this section to carry out a project relating to--
            (1) the conduct of studies of market opportunities for 
        component manufacturing of renewable energy systems;
            (2) the conduct of multiyear applied research, development, 
        demonstration, and deployment projects for advanced 
        manufacturing processes, materials, and infrastructure for 
        renewable energy systems; and
            (3) other similar ventures, as approved by the Secretary, 
        that promote advanced manufacturing of renewable technologies.
    (f) Criteria and Guidelines.--The Secretary shall establish 
criteria and guidelines for the submission, evaluation, and funding of 
proposed projects under the Program.
    (g) Cost Sharing.--Section 988 of the Energy Policy Act of 2005 (42 
U.S.C. 16352) shall apply to a project carried out under this section.
    (h) Disclosure.--Section 623 of the Energy Policy Act of 1992 (42 
U.S.C. 13293) shall apply to a project carried out under this 
subsection.
    (i) Sense of the Senate.--It is the sense of the Senate that the 
Secretary should ensure that small businesses engaged in renewable 
manufacturing be considered for loan guarantees authorized under title 
XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.).
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated out of funds already authorized to carry out this section 
$25,000,000 for each of fiscal years 2008 through 2013, to remain 
available until expended.

SEC. 270C. EXPRESS LOANS FOR RENEWABLE ENERGY AND ENERGY EFFICIENCY.

    Section 7(a)(31) of the Small Business Act (15 U.S.C. 636(a)(31)) 
is amended by adding at the end the following:
                    ``(F) Express loans for renewable energy and energy 
                efficiency.--
                            ``(i) Definitions.--In this subparagraph--
                                    ``(I) the term `biomass'--
                                            ``(aa) means any organic 
                                        material that is available on a 
                                        renewable or recurring basis, 
                                        including--

                                                    ``(AA) agricultural 
                                                crops;

                                                    ``(BB) trees grown 
                                                for energy production;

                                                    ``(CC) wood waste 
                                                and wood residues;

                                                    ``(DD) plants 
                                                (including aquatic 
                                                plants and grasses);

                                                    ``(EE) residues;

                                                    ``(FF) fibers;

                                                    ``(GG) animal 
                                                wastes and other waste 
                                                materials; and

                                                    ``(HH) fats, oils, 
                                                and greases (including 
                                                recycled fats, oils, 
                                                and greases); and

                                            ``(bb) does not include--

                                                    ``(AA) paper that 
                                                is commonly recycled; 
                                                or

                                                    ``(BB) unsegregated 
                                                solid waste;

                                    ``(II) the term `energy efficiency 
                                project' means the installation or 
                                upgrading of equipment that results in 
                                a significant reduction in energy 
                                usage; and
                                    ``(III) the term `renewable energy 
                                system' means a system of energy 
                                derived from--
                                            ``(aa) a wind, solar, 
                                        biomass (including biodiesel), 
                                        or geothermal source; or
                                            ``(bb) hydrogen derived 
                                        from biomass or water using an 
                                        energy source described in item 
                                        (aa).
                            ``(ii) Loans.--Loans may be made under the 
                        `Express Loan Program' for the purpose of--
                                    ``(I) purchasing a renewable energy 
                                system; or
                                    ``(II) an energy efficiency project 
                                for an existing business.''.

SEC. 270D. SMALL BUSINESS ENERGY EFFICIENCY.

    (a) Definitions.--In this section--
            (1) the terms ``Administration'' and ``Administrator'' mean 
        the Small Business Administration and the Administrator 
        thereof, respectively;
            (2) the term ``association'' means the association of small 
        business development centers established under section 
        21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A));
            (3) the term ``disability'' has the meaning given that term 
        in section 3 of the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12102);
            (4) the term ``electric utility'' has the meaning given 
        that term in section 3 of the Public Utility Regulatory 
        Policies Act of 1978 (16 U.S.C. 2602);
            (5) the term ``on-bill financing'' means a low interest or 
        no interest financing agreement between a small business 
        concern and an electric utility for the purchase or 
        installation of equipment, under which the regularly scheduled 
        payment of that small business concern to that electric utility 
        is not reduced by the amount of the reduction in cost 
        attributable to the new equipment and that amount is credited 
        to the electric utility, until the cost of the purchase or 
        installation is repaid;
            (6) the term ``small business concern'' has the meaning 
        given that term in section 3 of the Small Business Act (15 
        U.S.C. 636);
            (7) the term ``small business development center'' means a 
        small business development center described in section 21 of 
        the Small Business Act (15 U.S.C. 648);
            (8) the term ``telecommuting'' means the use of 
        telecommunications to perform work functions under 
        circumstances which reduce or eliminate the need to commute; 
        and
            (9) the term ``veteran'' has the meaning given that term in 
        section 101 of title 38, United States Code.
    (b) Implementation of Small Business Energy Efficiency Program.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Administrator shall promulgate final 
        rules establishing the Government-wide program authorized under 
        subsection (d) of section 337 of the Energy Policy and 
        Conservation Act (42 U.S.C. 6307) that ensure compliance with 
        that subsection by not later than 6 months after such date of 
        enactment.
            (2) Plan.--Not later than 90 days after the date of 
        enactment of this Act, the Administrator shall publish a 
        detailed plan regarding how the Administrator will--
                    (A) assist small business concerns in becoming more 
                energy efficient; and
                    (B) build on the Energy Star for Small Business 
                Program of the Department of Energy and the 
                Environmental Protection Agency.
            (3) Assistant administrator for small business energy 
        policy.--
                    (A) In general.--There is in the Administration an 
                Assistant Administrator for Small Business Energy 
                Policy, who shall be appointed by, and report to, the 
                Administrator.
                    (B) Duties.--The Assistant Administrator for Small 
                Business Energy Policy shall--
                            (i) oversee and administer the requirements 
                        under this subsection and section 337(d) of the 
                        Energy Policy and Conservation Act (42 U.S.C. 
                        6307(d)); and
                            (ii) promote energy efficiency efforts for 
                        small business concerns and reduce energy costs 
                        of small business concerns.
            (4) Reports.--The Administrator shall submit to the 
        Committee on Small Business and Entrepreneurship of the Senate 
        and the Committee on Small Business of the House of 
        Representatives an annual report on the progress of the 
        Administrator in encouraging small business concerns to become 
        more energy efficient, including data on the rate of use of the 
        Small Business Energy Clearinghouse established under section 
        337(d)(4) of the Energy Policy and Conservation Act (42 U.S.C. 
        6307(d)(4)).
    (c) Small Business Energy Efficiency.--
            (1) Authority.--The Administrator shall establish a Small 
        Business Energy Efficiency Pilot Program (in this subsection 
        referred to as the ``Efficiency Pilot Program'') to provide 
        energy efficiency assistance to small business concerns through 
        small business development centers.
            (2) Small business development centers.--
                    (A) In general.--In carrying out the Efficiency 
                Pilot Program, the Administrator shall enter into 
                agreements with small business development centers 
                under which such centers shall--
                            (i) provide access to information and 
                        resources on energy efficiency practices, 
                        including on-bill financing options;
                            (ii) conduct training and educational 
                        activities;
                            (iii) offer confidential, free, one-on-one, 
                        in-depth energy audits to the owners and 
                        operators of small business concerns regarding 
                        energy efficiency practices;
                            (iv) give referrals to certified 
                        professionals and other providers of energy 
                        efficiency assistance who meet such standards 
                        for educational, technical, and professional 
                        competency as the Administrator shall 
                        establish; and
                            (v) act as a facilitator between small 
                        business concerns, electric utilities, lenders, 
                        and the Administration to facilitate on-bill 
                        financing arrangements.
                    (B) Reports.--Each small business development 
                center participating in the Efficiency Pilot Program 
                shall submit to the Administrator and the Administrator 
                of the Environmental Protection Agency an annual report 
                that includes--
                            (i) a summary of the energy efficiency 
                        assistance provided by that center under the 
                        Efficiency Pilot Program;
                            (ii) the number of small business concerns 
                        assisted by that center under the Efficiency 
                        Pilot Program;
                            (iii) statistics on the total amount of 
                        energy saved as a result of assistance provided 
                        by that center under the Efficiency Pilot 
                        Program; and
                            (iv) any additional information determined 
                        necessary by the Administrator, in consultation 
                        with the association.
                    (C) Reports to congress.--Not later than 60 days 
                after the date on which all reports under subparagraph 
                (B) relating to a year are submitted, the Administrator 
                shall submit to the Committee on Small Business and 
                Entrepreneurship of the Senate and the Committee on 
                Small Business of the House of Representatives a report 
                summarizing the information regarding the Efficiency 
                Pilot Program submitted by small business development 
                centers participating in that program.
            (3) Eligibility.--A small business development center shall 
        be eligible to participate in the Efficiency Pilot Program only 
        if that center is certified under section 21(k)(2) of the Small 
        Business Act (15 U.S.C. 648(k)(2)).
            (4) Selection of participating state programs.--
                    (A) Groupings.--
                            (i) Selection of programs.--The 
                        Administrator shall select the small business 
                        development center programs of 2 States from 
                        each of the groupings of States described in 
                        clauses (ii) through (xi) to participate in the 
                        pilot program established under this 
                        subsection.
                            (ii) Group 1.--Group 1 shall consist of 
                        Maine, Massachusetts, New Hampshire, 
                        Connecticut, Vermont, and Rhode Island.
                            (iii) Group 2.--Group 2 shall consist of 
                        New York, New Jersey, Puerto Rico, and the 
                        Virgin Islands.
                            (iv) Group 3.--Group 3 shall consist of 
                        Pennsylvania, Maryland, West Virginia, 
                        Virginia, the District of Columbia, and 
                        Delaware.
                            (v) Group 4.--Group 4 shall consist of 
                        Georgia, Alabama, North Carolina, South 
                        Carolina, Mississippi, Florida, Kentucky, and 
                        Tennessee.
                            (vi) Group 5.--Group 5 shall consist of 
                        Illinois, Ohio, Michigan, Indiana, Wisconsin, 
                        and Minnesota.
                            (vii) Group 6.--Group 6 shall consist of 
                        Texas, New Mexico, Arkansas, Oklahoma, and 
                        Louisiana.
                            (viii) Group 7.--Group 7 shall consist of 
                        Missouri, Iowa, Nebraska, and Kansas.
                            (ix) Group 8.--Group 8 shall consist of 
                        Colorado, Wyoming, North Dakota, South Dakota, 
                        Montana, and Utah.
                            (x) Group 9.--Group 9 shall consist of 
                        California, Guam, American Samoa, Hawaii, 
                        Nevada, and Arizona.
                            (xi) Group 10.--Group 10 shall consist of 
                        Washington, Alaska, Idaho, and Oregon.
            (5) Matching requirement.--Subparagraphs (A) and (B) of 
        section 21(a)(4) of the Small Business Act (15 U.S.C. 
        648(a)(4)) shall apply to assistance made available under the 
        Efficiency Pilot Program.
            (6) Grant amounts.--Each small business development center 
        selected to participate in the Efficiency Pilot Program under 
        paragraph (4) shall be eligible to receive a grant in an amount 
        equal to--
                    (A) not less than $100,000 in each fiscal year; and
                    (B) not more than $300,000 in each fiscal year.
            (7) Evaluation and report.--The Comptroller General of the 
        United States shall--
                    (A) not later than 30 months after the date of 
                disbursement of the first grant under the Efficiency 
                Pilot Program, initiate an evaluation of that pilot 
                program; and
                    (B) not later than 6 months after the date of the 
                initiation of the evaluation under subparagraph (A), 
                submit to the Administrator, the Committee on Small 
                Business and Entrepreneurship of the Senate, and the 
                Committee on Small Business of the House of 
                Representatives, a report containing--
                            (i) the results of the evaluation; and
                            (ii) any recommendations regarding whether 
                        the Efficiency Pilot Program, with or without 
                        modification, should be extended to include the 
                        participation of all small business development 
                        centers.
            (8) Guarantee.--The Administrator may guarantee the timely 
        payment of a loan made to a small business concern through an 
        on-bill financing agreement on such terms and conditions as the 
        Administrator shall establish through a formal rule making, 
        after providing notice and an opportunity for comment.
            (9) Authorization of appropriations.--
                    (A) In general.--There are authorized to be 
                appropriated from such sums as are already authorized 
                under section 21 of the Small Business Act to carry out 
                this subsection--
                            (i) $5,000,000 for the first fiscal year 
                        beginning after the date of enactment of this 
                        Act; and
                            (ii) $5,000,000 for each of the 3 fiscal 
                        years following the fiscal year described in 
                        clause (i).
                    (B) Limitation on use of other funds.--The 
                Administrator may carry out the Efficiency Pilot 
                Program only with amounts appropriated in advance 
                specifically to carry out this subsection.
            (10) Termination.--The authority under this subsection 
        shall terminate 4 years after the date of disbursement of the 
        first grant under the Efficiency Pilot Program.
    (d) Small Business Telecommuting.--
            (1) Pilot program.--
                    (A) In general.--In accordance with this 
                subsection, the Administrator shall conduct, in not 
                more than 5 of the regions of the Administration, a 
                pilot program to provide information regarding 
                telecommuting to employers that are small business 
                concerns and to encourage such employers to offer 
                telecommuting options to employees (in this subsection 
                referred to as the ``Telecommuting Pilot Program'').
                    (B) Special outreach to individuals with 
                disabilities.--In carrying out the Telecommuting Pilot 
                Program, the Administrator shall make a concerted 
                effort to provide information to--
                            (i) small business concerns owned by or 
                        employing individuals with disabilities, 
                        particularly veterans who are individuals with 
                        disabilities;
                            (ii) Federal, State, and local agencies 
                        having knowledge and expertise in assisting 
                        individuals with disabilities, including 
                        veterans who are individuals with disabilities; 
                        and
                            (iii) any group or organization, the 
                        primary purpose of which is to aid individuals 
                        with disabilities or veterans who are 
                        individuals with disabilities.
                    (C) Permissible activities.--In carrying out the 
                Telecommuting Pilot Program, the Administrator may--
                            (i) produce educational materials and 
                        conduct presentations designed to raise 
                        awareness in the small business community of 
                        the benefits and the ease of telecommuting;
                            (ii) conduct outreach--
                                    (I) to small business concerns that 
                                are considering offering telecommuting 
                                options; and
                                    (II) as provided in subparagraph 
                                (B); and
                            (iii) acquire telecommuting technologies 
                        and equipment to be used for demonstration 
                        purposes.
                    (D) Selection of regions.--In determining which 
                regions will participate in the Telecommuting Pilot 
                Program, the Administrator shall give priority 
                consideration to regions in which Federal agencies and 
                private-sector employers have demonstrated a strong 
                regional commitment to telecommuting.
            (2) Report to congress.--Not later than 2 years after the 
        date on which funds are first appropriated to carry out this 
        subsection, the Administrator shall transmit to the Committee 
        on Small Business and Entrepreneurship of the Senate and the 
        Committee on Small Business of the House of Representatives a 
        report containing the results of an evaluation of the 
        Telecommuting Pilot Program and any recommendations regarding 
        whether the pilot program, with or without modification, should 
        be extended to include the participation of all regions of the 
        Administration.
            (3) Termination.--The Telecommuting Pilot Program shall 
        terminate 4 years after the date on which funds are first 
        appropriated to carry out this subsection.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to the Administration $5,000,000 to carry 
        out this subsection.
    (e) Encouraging Innovation in Energy Efficiency.--Section 9 of the 
Small Business Act (15 U.S.C. 638) is amended by adding at the end the 
following:
    ``(z) Encouraging Innovation in Energy Efficiency.--
            ``(1) Federal agency energy-related priority.--In carrying 
        out its duties under this section to SBIR and STTR 
        solicitations by Federal agencies, the Administrator shall--
                    ``(A) ensure that such agencies give high priority 
                to small business concerns that participate in or 
                conduct energy efficiency or renewable energy system 
                research and development projects; and
                    ``(B) include in the annual report to Congress 
                under subsection (b)(7) a determination of whether the 
                priority described in subparagraph (A) is being carried 
                out.
            ``(2) Consultation required.--The Administrator shall 
        consult with the heads of other Federal agencies and 
        departments in determining whether priority has been given to 
        small business concerns that participate in or conduct energy 
        efficiency or renewable energy system research and development 
        projects, as required by this section.
            ``(3) Guidelines.--The Administrator shall, as soon as is 
        practicable after the date of enactment of this subsection, 
        issue guidelines and directives to assist Federal agencies in 
        meeting the requirements of this section.
            ``(4) Definitions.--In this subsection--
                    ``(A) the term `biomass'--
                            ``(i) means any organic material that is 
                        available on a renewable or recurring basis, 
                        including--
                                    ``(I) agricultural crops;
                                    ``(II) trees grown for energy 
                                production;
                                    ``(III) wood waste and wood 
                                residues;
                                    ``(IV) plants (including aquatic 
                                plants and grasses);
                                    ``(V) residues;
                                    ``(VI) fibers;
                                    ``(VII) animal wastes and other 
                                waste materials; and
                                    ``(VIII) fats, oils, and greases 
                                (including recycled fats, oils, and 
                                greases); and
                            ``(ii) does not include--
                                    ``(I) paper that is commonly 
                                recycled; or
                                    ``(II) unsegregated solid waste;
                    ``(B) the term `energy efficiency project' means 
                the installation or upgrading of equipment that results 
                in a significant reduction in energy usage; and
                    ``(C) the term `renewable energy system' means a 
                system of energy derived from--
                            ``(i) a wind, solar, biomass (including 
                        biodiesel), or geothermal source; or
                            ``(ii) hydrogen derived from biomass or 
                        water using an energy source described in 
                        clause (i).''.

 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 
                        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, 
Indian tribal, 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 in an environmentally sustainable way that, to 
        the maximum extent practicable, maximizes benefits for local 
        and regional communities;
            ``(2) to reduce the total energy use of the States, Indian 
        tribes, 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, indian tribes, 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) 68 percent to eligible units of local 
                        government;
                            ``(ii) 28 percent to States; and
                            ``(iii) 4 percent to Indian tribes.
                    ``(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.
                    ``(D) Distribution to indian tribes.--
                            ``(i) In general.--The Secretary shall 
                        establish a formula for the distribution of 
                        amounts under subparagraph (A)(iii) to eligible 
                        Indian tribes, taking into account any factors 
                        that the Secretary determines to be 
                        appropriate, including the residential and 
                        daytime population of the eligible Indian 
                        tribes.
                            ``(ii) Criteria.--Amounts shall be 
                        distributed to eligible Indian tribes under 
                        clause (i) only if the eligible Indian tribes 
                        meet the criteria for distribution established 
                        by the Secretary for Indian tribes.
            ``(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), (C)(ii), or (D)(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), (C)(ii), or 
                (D)(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, 
        tribal, 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, Indian tribes, 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, Indian tribe, 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--
                    ``(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. ENERGY EFFICIENCY AND RENEWABLE ENERGY WORKER TRAINING 
              PROGRAM.

    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) Energy Efficiency and Renewable Energy Worker Training 
Program.--
            ``(1) Purpose.--It is the purpose of this subsection to--
                    ``(A) create a sustainable, comprehensive public 
                program that provides quality training that is linked 
                to jobs that are created through renewable energy and 
                energy efficiency initiatives;
                    ``(B) satisfy industry demand for a skilled 
                workforce, to support economic growth, to boost 
                America's global competitiveness in the expanding 
                energy efficiency and renewable energy industries, and 
                to provide economic self-sufficiency and family-
                sustaining jobs for America's workers, including low 
                wage workers, through quality training and placement in 
                job opportunities in the growing energy efficiency and 
                renewable energy industries;
                    ``(C) provide grants for the safety, health, and 
                skills training and education of workers who are, or 
                may be engaged in, activities related to the energy 
                efficiency and renewable energy industries; and
                    ``(D) provide funds for national and State 
                industry-wide research, labor market information and 
                labor exchange programs, and the development of 
                nationally and State administered training programs.
            ``(2) Grant program.--
                    ``(A) In general.--Not later than 6 months after 
                the date of enactment of this Act, the Secretary of 
                Labor (referred to in this subsection as the 
                `Secretary'), in consultation with the Secretary of 
                Energy, shall establish an energy efficiency and 
                renewable energy worker training program under which 
                the Secretary shall carry out the activities described 
                in paragraph (3) to achieve the purposes of this 
                subsection.
                    ``(B) Eligibility.--For purposes of providing 
                assistance and services under the program established 
                under this subsection--
                            ``(i) target populations of individuals 
                        eligible for training and other services shall 
                        include, but not be limited to--
                                    ``(I) veterans, or past and present 
                                members of the reserve components of 
                                the Armed Forces;
                                    ``(II) workers affected by national 
                                energy and environmental policy;
                                    ``(III) workers displaced by the 
                                impacts of economic globalization;
                                    ``(IV) individuals, including at-
                                risk youth, seeking employment pathways 
                                out of poverty and into economic self-
                                sufficiency;
                                    ``(V) formerly incarcerated, 
                                adjudicated, non-violent offenders; and
                                    ``(VI) individuals in need of 
                                updated training related to the energy 
                                efficiency and renewable energy 
                                industries; and
                            ``(ii) energy efficiency and renewable 
                        energy industries eligible for such assistance 
                        and services shall include--
                                    ``(I) the energy-efficient 
                                building, construction, and retrofits 
                                industries;
                                    ``(II) the renewable electric power 
                                industry;
                                    ``(III) the energy efficient and 
                                advanced drive train vehicle industry;
                                    ``(IV) the bio-fuels industry; and
                                    ``(V) the deconstruction and 
                                materials use industries.
            ``(3) Activities.--
                    ``(A) National research program.--Under the program 
                established under paragraph (2), the Secretary, acting 
                through the Bureau of Labor Statistics, shall provide 
                assistance to support national research to develop 
                labor market data and to track future workforce trends 
                resulting from energy-related initiatives carried out 
                under this section. Activities carried out under this 
                paragraph shall include--
                            ``(i) linking research and development in 
                        renewable energy and energy efficiency 
                        technology with the development of standards 
                        and curricula for current and future jobs;
                            ``(ii) the tracking and documentation of 
                        academic and occupational competencies as well 
                        as future skill needs with respect to renewable 
                        energy and energy efficiency technology;
                            ``(iii) tracking and documentation of 
                        occupational information and workforce training 
                        data with respect to renewable energy and 
                        energy efficiency technology;
                            ``(iv) assessing new employment and work 
                        practices including career ladder and upgrade 
                        training as well as high performance work 
                        systems; and
                            ``(v) collaborating with State agencies, 
                        industry, organized labor, and community and 
                        nonprofit organizations to disseminate 
                        successful innovations for labor market 
                        services and worker training with respect to 
                        renewable energy and energy efficiency 
                        technology.
                    ``(B) National energy training partnership 
                grants.--
                            ``(i) In general.--Under the program 
                        established under paragraph (2), the Secretary 
                        shall award National Energy Training 
                        Partnerships Grants on a competitive basis to 
                        eligible entities to enable such entities to 
                        carry out national training that leads to 
                        economic self-sufficiency and to develop an 
                        energy efficiency and renewable energy 
                        industries workforce. Grants shall be awarded 
                        under this subparagraph so as to ensure 
                        geographic diversity with at least 2 grants 
                        awarded to entities located in each of the 4 
                        Petroleum Administration for Defense Districts 
                        with no subdistricts and at least 1 grant 
                        awarded to an entity located in each of the 
                        subdistricts of the Petroleum Administration 
                        for Defense District with subdistricts.
                            ``(ii) Eligibility.--To be eligible to 
                        receive a grant under clause (i), an entity 
                        shall be a non-profit partnership that--
                                    ``(I) includes the equal 
                                participation of industry, including 
                                public or private employers, and labor 
                                organizations, including joint labor-
                                management training programs, and may 
                                include community-based organizations, 
                                educational institutions, small 
                                businesses, cooperatives, State and 
                                local veterans agencies, and veterans 
                                service organizations; and
                                    ``(II) demonstrates--
                                            ``(aa) experience in 
                                        implementing and operating 
                                        worker skills training and 
                                        education programs;
                                            ``(bb) the ability to 
                                        identify and involve in 
                                        training programs carried out 
                                        under this grant, target 
                                        populations of workers who are, 
                                        or will be engaged in, 
                                        activities related to energy 
                                        efficiency and renewable energy 
                                        industries; and
                                            ``(cc) the ability to help 
                                        workers achieve economic self-
                                        sufficiency.
                            ``(iii) Activities.--Activities to be 
                        carried out under a grant under this 
                        subparagraph may include--
                                    ``(I) the provision of occupational 
                                skills training, including curriculum 
                                development, on-the-job training, and 
                                classroom training;
                                    ``(II) the provision of safety and 
                                health training;
                                    ``(III) the provision of basic 
                                skills, literacy, GED, English as a 
                                second language, and job readiness 
                                training;
                                    ``(IV) individual referral and 
                                tuition assistance for a community 
                                college training program;
                                    ``(V) the provision of customized 
                                training in conjunction with an 
                                existing registered apprenticeship 
                                program or labor-management 
                                partnership;
                                    ``(VI) the provision of career 
                                ladder and upgrade training; and
                                    ``(VII) the implementation of 
                                transitional jobs strategies.
                    ``(C) State labor market research, information, and 
                labor exchange research program.--
                            ``(i) In general.--Under the program 
                        established under paragraph (2), the Secretary 
                        shall award competitive grants to States to 
                        enable such States to administer labor market 
                        and labor exchange informational programs that 
                        include the implementation of the activities 
                        described in clause (ii).
                            ``(ii) Activities.--A State shall use 
                        amounts awarded under a grant under this 
                        subparagraph to provide funding to the State 
                        agency that administers the Wagner-Peyser Act 
                        and State unemployment compensation programs to 
                        carry out the following activities using State 
                        agency merit staff:
                                    ``(I) The identification of job 
                                openings in the renewable energy and 
                                energy efficiency sector.
                                    ``(II) The administration of skill 
                                and aptitude testing and assessment for 
                                workers.
                                    ``(III) The counseling, case 
                                management, and referral of qualified 
                                job seekers to openings and training 
                                programs, including energy efficiency 
                                and renewable energy training programs.
                    ``(D) State energy training partnership program.--
                            ``(i) In general.--Under the program 
                        established under paragraph (2), the Secretary 
                        shall award competitive grants to States to 
                        enable such States to administer renewable 
                        energy and energy efficiency workforce 
                        development programs that include the 
                        implementation of the activities described in 
                        clause (ii).
                            ``(ii) Activities.--
                                    ``(I) In general.--A State shall 
                                use amounts awarded under a grant under 
                                this subparagraph to award competitive 
                                grants to eligible State Energy Sector 
                                Partnerships to enable such 
                                Partnerships to coordinate with 
                                existing apprenticeship and labor 
                                management training programs and 
                                implement training programs that lead 
                                to the economic self-sufficiency of 
                                trainees.
                                    ``(II) Eligibility.--To be eligible 
                                to receive a grant under this 
                                subparagraph, a State Energy Sector 
                                Partnership shall--
                                            ``(aa) consist of non-
                                        profit organizations that 
                                        include equal participation 
                                        from industry, including public 
                                        or private nonprofit employers, 
                                        and labor organizations, 
                                        including joint labor-
                                        management training programs, 
                                        and may include representatives 
                                        from local governments, worker 
                                        investment agency one-stop 
                                        career centers, community based 
                                        organizations, community 
                                        colleges, other post-secondary 
                                        institutions, small businesses, 
                                        cooperatives, State and local 
                                        veterans agencies, and veterans 
                                        service organizations;
                                            ``(bb) demonstrate 
                                        experience in implementing and 
                                        operating worker skills 
                                        training and education 
                                        programs; and
                                            ``(cc) demonstrate the 
                                        ability to identify and involve 
                                        in training programs, target 
                                        populations of workers who are, 
                                        or will be engaged in, 
                                        activities related to energy 
                                        efficiency and renewable energy 
                                        industries.
                            ``(iii) Priority.--In awarding grants under 
                        this subparagraph, the Secretary shall give 
                        priority to States that demonstrate linkages of 
                        activities under the grant with--
                                    ``(I) meeting national energy 
                                policies associated with energy 
                                efficiency, renewable energy, and the 
                                reduction of emissions of greenhouse 
                                gases; and
                                    ``(II) meeting State energy 
                                policies associated with energy 
                                efficiency, renewable energy, and the 
                                reduction of emissions of greenhouse 
                                gases.
                            ``(iv) Coordination.--A grantee under this 
                        subparagraph shall coordinate activities 
                        carried out under the grant with existing 
                        apprenticeship and labor management training 
                        programs and implement training programs that 
                        lead to the economic self-sufficiency of 
                        trainees, including providing--
                                    ``(I) outreach and recruitment 
                                services, in coordination with the 
                                appropriate State agency;
                                    ``(II) occupational skills 
                                training, including curriculum 
                                development, on-the-job training, and 
                                classroom training;
                                    ``(III) safety and health training;
                                    ``(IV) basic skills, literacy, GED, 
                                English as a second language, and job 
                                readiness training;
                                    ``(V) individual referral and 
                                tuition assistance for a community 
                                college training program;
                                    ``(VI) customized training in 
                                conjunction with an existing registered 
                                apprenticeship program or labor-
                                management partnership;
                                    ``(VII) career ladder and upgrade 
                                training; and
                                    ``(VIII) services under 
                                transitional jobs strategies.
            ``(4) Worker protections and nondiscrimination 
        requirements.--
                    ``(A) Application of wia.--The provisions of 
                sections 181 and 188 of the Workforce Investment Act of 
                1998 (29 U.S.C. 2931 and 2938) shall apply to all 
                programs carried out with assistance under this 
                subsection.
                    ``(B) Consultation with labor organizations.--If a 
                labor organization represents a substantial number of 
                workers who are engaged in similar work or training in 
                an area that is the same as the area that is proposed 
                to be funded under this subsection, the labor 
                organization shall be provided an opportunity to be 
                consulted and to submit comments in regard to such a 
                proposal.
            ``(5) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection, $100,000,000 
        for each fiscal year, of which--
                    ``(A) not to exceed 20 percent of the amount 
                appropriated in each fiscal year shall be made 
                available for, and shall be equally divided between, 
                national labor market research and information under 
                paragraph (3)(A) and State labor market information and 
                labor exchange research under paragraph (3)(C); and
                    ``(B) the remainder shall be divided equally 
                between National Energy Partnership Training Grants 
                under paragraph (3)(B) and State energy training 
                partnership grants under paragraph (3)(D).
            ``(6) Definition.--In this subsection, the term `renewable 
        electric power' has the meaning given the term `renewable 
        energy' in section 203(b)(2) of the Energy Policy Act of 2005 
        (Public Law 109-58).''.

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.

SEC. 279. DEFINITION OF STATE.

    Section 412 of the Energy Conservation and Production Act (42 
U.S.C. 6862) is amended by striking paragraph (8) and inserting the 
following:
            ``(8) State.--The term `State' means--
                    ``(A) a State;
                    ``(B) the District of Columbia; and
                    ``(C) the Commonwealth of Puerto Rico.''.

SEC. 280. COORDINATION OF PLANNED REFINERY OUTAGES.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Energy Information Administration.
            (2) Planned refinery outage.--
                    (A) In general.--The term ``planned refinery 
                outage'' means a removal, scheduled before the date on 
                which the removal occurs, of a refinery, or any unit of 
                a refinery, from service for maintenance, repair, or 
                modification.
                    (B) Exclusion.--The term ``planned refinery 
                outage'' does not include any necessary and unplanned 
                removal of a refinery, or any unit of a refinery, from 
                service as a result of a component failure, safety 
                hazard, emergency, or action reasonably anticipated to 
                be necessary to prevent such events.
            (3) Refined petroleum product.--The term ``refined 
        petroleum product'' means any gasoline, diesel fuel, fuel oil, 
        lubricating oil, liquid petroleum gas, or other petroleum 
        distillate that is produced through the refining or processing 
        of crude oil or an oil derived from tar sands, shale, or coal.
            (4) Refinery.--The term ``refinery'' means a facility used 
        in the production of a refined petroleum product through 
        distillation, cracking, or any other process.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (b) Review and Analysis of Available Information.--The 
Administrator shall, on an ongoing basis--
            (1) review information on planned refinery outages that is 
        available from commercial reporting services;
            (2) analyze that information to determine whether the 
        scheduling of a planned refinery outage may nationally or 
        regionally affect the price or supply of any refined petroleum 
        product by--
                    (A) decreasing the production of the refined 
                petroleum product; and
                    (B) causing or contributing to a retail or 
                wholesale supply shortage or disruption;
            (3) not less frequently than twice each year, submit to the 
        Secretary a report describing the results of the review and 
        analysis under paragraphs (1) and (2); and
            (4) specifically alert the Secretary of any planned 
        refinery outage that the Administrator determines may 
        nationally or regionally affect the price or supply of a 
        refined petroleum product.
    (c) Action by Secretary.--On a determination by the Secretary, 
based on a report or alert under paragraph (3) or (4) of subsection 
(b), that a planned refinery outage may affect the price or supply of a 
refined petroleum product, the Secretary shall make available to 
refinery operators information on planned refinery outages to encourage 
reductions of the quantity of refinery capacity that is out of service 
at any time.
    (d) Limitation.--Nothing in this section shall alter any existing 
legal obligation or responsibility of a refinery operator, or create 
any legal right of action, nor shall this section authoirze the 
Secretary--
            (1) to prohibit a refinery operator from conducting a 
        planned refinery outage; or
            (2) to require a refinery operator to continue to operate a 
        refinery.

SEC. 281. TECHNICAL CRITERIA FOR CLEAN COAL POWER INITIATIVE.

    Section 402(b)(1)(B)(ii) of the Energy Policy Act of 2005 (42 
U.S.C. 15962(b)(1)(B)(ii)) is amended by striking subclause (I) and 
inserting the following:
                                    ``(I)(aa) to remove at least 99 
                                percent of sulfur dioxide; or
                                    ``(bb) to emit not more than 0.04 
                                pound SO<INF>2</INF> per million Btu, 
                                based on a 30-day average;''.

SEC. 282. ADMINISTRATION.

    Section 106 of the Alaska Natural Gas Pipeline Act (15 U.S.C. 720d) 
is amended by adding at the end the following:
    ``(h) Administration.--
            ``(1) Personnel appointments.--
                    ``(A) In general.--The Federal Coordinator may 
                appoint and terminate such personnel as the Federal 
                Coordinator determines to be appropriate.
                    ``(B) Authority of federal coordinator.--Personnel 
                appointed by the Federal Coordinator under subparagraph 
                (A) shall be appointed without regard to the provisions 
                of title 5, United States Code, governing appointments 
                in the competitive service.
            ``(2) Compensation.--
                    ``(A) In general.--Subject to subparagraph (B), 
                personnel appointed by the Federal Coordinator under 
                paragraph (1)(A) shall be paid without regard to the 
                provisions of chapter 51 and subchapter III of chapter 
                53 of title 5, United States Code (relating to 
                classification and General Schedule pay rates).
                    ``(B) Maximum level of compensation.--The rate of 
                pay for personnel appointed by the Federal Coordinator 
                under paragraph (1)(A) shall not exceed the maximum 
                level of rate payable for level III of the Executive 
                Schedule.
                    ``(C) Applicability of section 5941.--Section 5941 
                of title 5, United States Code, shall apply to 
                personnel appointed by the Federal Coordinator under 
                paragraph (1)(A).
            ``(3) Temporary services.--
                    ``(A) In general.--The Federal Coordinator may 
                procure temporary and intermittent services in 
                accordance with section 3109(b) of title 5, United 
                States Code.
                    ``(B) Maximum level of compensation.--The level of 
                compensation of an individual employed on a temporary 
                or intermittent basis under subparagraph (A) shall not 
                exceed the maximum level of rate payable for level III 
                of the Executive Schedule.
            ``(4) Fees, charges, and commissions.--
                    ``(A) In general.--The Federal Coordinator shall 
                have the authority to establish, change, and abolish 
                reasonable filing and service fees, charges, and 
                commissions, require deposits of payments, and provide 
                refunds as provided to the Secretary of the Interior in 
                section 304 of the Federal Land Policy and Management 
                Act of 1976 (43 U.S.C. 1734), except that the authority 
                shall be with respect to the duties of the Federal 
                Coordinator, as delineated in the Alaska Natural Gas 
                Pipeline Act (15 U.S.C. 720 et seq.), as amended.
                    ``(B) Authority of secretary of the interior.--
                Subparagraph (A) shall not affect the authority of the 
                Secretary of the Interior to establish, change, and 
                abolish reasonable filing and service fees, charges, 
                and commissions, require deposits of payments, and 
                provide refunds under section 304 of the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1734).
                    ``(C) Use of funds.--The Federal Coordinator is 
                authorized to use, without further appropriation, 
                amounts collected under subparagraph (A) to carry out 
                this section.''.

SEC. 283. OFFSHORE RENEWABLE ENERGY.

    (a) Leases, Easements, or Rights-of-Way for Energy and Related 
Purposes.--Section 8(p) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1337(p)) is amended--
            (1) by inserting after ``Secretary of the Department in 
        which the Coast Guard is operating'' the following: ``, the 
        Secretary of Commerce,'';
            (2) by striking paragraph (3) and inserting the following:
            ``(3) Competitive or noncompetitive basis.--Any lease, 
        easement, or right-of-way under paragraph (1) shall be issued 
        on a competitive basis, unless--
                    ``(A) the lease, easement, or right-of-way relates 
                to a project that meets the criteria established under 
                section 388(d) of the Energy Policy Act of 2005 (43 
                U.S.C. 1337 note; Public Law 109-58);
                    ``(B) the lease, easement, or right-of-way--
                            ``(i) is for the placement and operation of 
                        a meteorological or marine data collection 
                        facility; and
                            ``(ii) has a term of not more than 5 years; 
                        or
                    ``(C) the Secretary determines, after providing 
                public notice of a proposed lease, easement, or right-
                of-way, that no competitive interest exists.''; and
            (3) by adding at the end the following:
            ``(11) Clarification.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Federal Energy Regulatory Commission shall not have 
                authority to approve or license a wave or current 
                energy project on the outer Continental Shelf under 
                part I of the Federal Power Act (16 U.S.C. 792 et seq.)
                    ``(B) Transmission of power.--Subparagraph (A) 
                shall not affect any authority of the Commission with 
                respect to the transmission of power generated from a 
                project described in subparagraph (A).''.
    (b) Consideration of Certain Requests for Authorization.--In 
considering a request for authorization of a project pending before the 
Commission on the outer Continental Shelf as of the date of enactment 
of this Act, the Secretary of the Interior shall rely, to the maximum 
extent practicable, on the materials submitted to the Commission before 
that date.
    (c) Savings Provision.--Nothing in this section or an amendment 
made by this section requires the resubmission of any document that was 
previously submitted, or the reauthorization of any action that was 
previously authorized, with respect to a project on the outer 
Continental Shelf, for which a preliminary permit was issued by the 
Commission before the date of enactment of this Act.

     Subtitle G--Marine and Hydrokinetic Renewable Energy Promotion

SEC. 291. DEFINITION OF MARINE AND HYDROKINETIC RENEWABLE ENERGY.

    (a) In General.--In this subtitle, the term ``marine and 
hydrokinetic renewable energy'' means electrical energy from--
            (1) waves, tides, and currents in oceans, estuaries, and 
        tidal areas;
            (2) free flowing water in rivers, lakes, and streams;
            (3) free flowing water in man-made channels, including 
        projects that utilize nonmechanical structures to accelerate 
        the flow of water for electric power production purposes; and
            (4) differentials in ocean temperature (ocean thermal 
        energy conversion).
    (b) Exclusion.--Except as provided in subsection (a)(3), the term 
``marine and hydrokinetic renewable energy'' does not include energy 
from any source that uses a dam, diversionary structure, or impoundment 
for electric power purposes.

SEC. 292. RESEARCH AND DEVELOPMENT.

    (a) Program.--The Secretary, in consultation with the Secretary of 
Commerce and the Secretary of the Interior, shall establish a program 
of marine and hydrokinetic renewable energy research, including--
            (1) developing and demonstrating marine and hydrokinetic 
        renewable energy technologies;
            (2) reducing the manufacturing and operation costs of 
        marine and hydrokinetic renewable energy technologies;
            (3) increasing the reliability and survivability of marine 
        and hydrokinetic renewable energy facilities;
            (4) integrating marine and hydrokinetic renewable energy 
        into electric grids;
            (5) identifying opportunities for cross fertilization and 
        development of economies of scale between offshore wind and 
        marine and hydrokinetic renewable energy sources;
            (6) identifying, in conjunction with the Secretary of 
        Commerce and the Secretary of the Interior, the potential 
        environmental impacts of marine and hydrokinetic renewable 
        energy technologies and measures to minimize or prevent adverse 
        impacts, and technologies and other means available for 
        monitoring and determining environmental impacts;
            (7) identifying, in conjunction with the Commandant of the 
        United States Coast Guard, the potential navigational impacts 
        of marine and hydrokinetic renewable energy technologies and 
        measures to minimize or prevent adverse impacts;
            (8) standards development, demonstration, and technology 
        transfer for advanced systems engineering and system 
        integration methods to identify critical interfaces; and
            (9) providing public information and opportunity for public 
        comment concerning all technologies.
    (b) Report.--Not later than 18 months after the date of enactment 
of this Act, the Secretary, in consultation with the Secretary of 
Commerce and the Secretary of the Interior, shall provide to the 
appropriate committees of Congress a report that addresses--
            (1) the potential environmental impacts of hydrokinetic 
        renewable energy technologies in free-flowing water in rivers, 
        lakes, and streams;
            (2) the means by which to minimize or prevent any adverse 
        environmental impacts;
            (3) the potential role of monitoring and adaptive 
        management in addressing any adverse environmental impacts; and
            (4) the necessary components of such an adaptive management 
        program.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $50,000,000 for 
each of the fiscal years 2008 through 2017.

SEC. 293. NATIONAL OCEAN ENERGY RESEARCH CENTERS.

    (a) In General.--Subject to the availability of appropriations 
under subsection (e), the Secretary shall establish not less than 1, 
and not more than 6, national ocean energy research centers at 
institutions of higher education for the purpose of conducting 
research, development, demonstration, and testing of ocean energy 
technologies and associated equipment.
    (b) Evaluations.--Each Center shall (in consultation with 
developers, utilities, and manufacturers) conduct evaluations of 
technologies and equipment described in subsection (a).
    (c) Location.--In establishing centers under this section, the 
Secretary shall locate the centers in coastal regions of the United 
State in a manner that, to the maximum extent practicable, is 
geographically dispersed.
    (d) Coordination.--Prior to carrying out any activity under this 
section in waters subject to the jurisdiction of the United States, the 
Secretary shall identify, in conjunction with the Secretary of Commerce 
and the Secretary of Interior, the potential environmental impacts of 
such activity and measures to minimize or prevent adverse impacts.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriate such sums as are necessary to carry out this section.

   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 and storage of 
                        carbon dioxide;
                            ``(ii) development of new or improved 
                        technologies that reduce the cost and increase 
                        the efficacy of advanced 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;
                            ``(v) research and development of new and 
                        improved technologies for--
                                    ``(I) carbon use, including 
                                recycling and reuse of carbon dioxide; 
                                and
                                    ``(II) the containment of carbon 
                                dioxide in the form of solid materials 
                                or products derived from a gasification 
                                technology that does not involve 
                                geologic containment or injection; and
                            ``(vi) research and development of new and 
                        improved technologies for oxygen separation 
                        from air.
            ``(2) 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;
                            ``(vi) deep geologic systems containing 
                        basalt formations; and
                            ``(vii) coal-bed methane recovery.
                    ``(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.
            ``(3) Large-scale testing and deployment.--
                    ``(A) In general.--The Secretary shall conduct not 
                less than 7 initial large-volume sequestration tests 
                involving at least 1,000,000 tons of carbon dioxide per 
                year for geological containment of carbon dioxide (at 
                least 1 of which shall be international in scope) to 
                collect and 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.
            ``(4) 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.
            ``(5) 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).
            ``(6) 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.
    ``(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 work done to develop the Carbon Sequestration Atlas 
        of the United States and Canada that was completed by the 
        Department of Energy.
    (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 and the Secretary of the 
                Interior shall incorporate the results of the 
                assessment using--
                            (i) the NatCarb database, to the maximum 
                        extent practicable; or
                            (ii) a new database developed by the 
                        Secretary of Energy, as the Secretary of Energy 
                        determines to be necessary.
                    (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);
                    (F) manufacture transportation fuels from coal; or
                    (G) manufacture biofuels.
            (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--
                    (A) carries out the large-scale capture (including 
                purification and compression) of carbon dioxide;
                    (B) provides for the cost of transportation and 
                injection of carbon dioxide; and
                    (C) incorporates a comprehensive measurement, 
                monitoring, and validation program.
            (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 carbon dioxide by volume 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.

SEC. 305. CAPITOL POWER PLANT CARBON DIOXIDE EMISSIONS DEMONSTRATION 
              PROGRAM.

    The first section of the Act of March 4, 1911 (2 U.S.C. 2162; 36 
Stat. 1414, chapter 285), is amended in the seventh undesignated 
paragraph (relating to the Capitol power plant), under the heading 
``Public buildings'', under the heading ``Under the department of the 
interior''--
            (1) by striking ``ninety thousand dollars:'' and inserting 
        ``$90,000.''; and
            (2) by striking ``Provided, That hereafter the'' and all 
        that follows through the end of the proviso and inserting the 
        following:
    ``(a) Designation.--The heating, lighting, and power plant 
constructed under the terms of the Act approved April 28, 1904 (33 
Stat. 479, chapter 1762), shall be known as the `Capitol power plant', 
and all vacancies occurring in the force operating that plant and the 
substations in connection with the plant shall be filled by the 
Architect of the Capitol, with the approval of the commission in 
control of the House Office Building appointed under the first section 
of the Act of March 4, 1907 (2 U.S.C. 2001).
    ``(b) Capitol Power Plant Carbon Dioxide Emissions Demonstration 
Program.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Administrator.--The term `Administrator' 
                means the Administrator of the Environmental Protection 
                Agency.
                    ``(B) Carbon dioxide energy efficiency.--The term 
                `carbon dioxide energy efficiency', with respect to a 
                project, means the quantity of electricity used to 
                power equipment for carbon dioxide capture and storage 
                or use.
                    ``(C) Program.--The term `program' means the 
                competitive grant demonstration program established 
                under paragraph (2)(B).
            ``(2) Establishment of program.--
                    ``(A) Feasibility study.--Not later than 180 days 
                after the date of enactment of this section, the 
                Architect of the Capitol, in cooperation with the 
                Administrator, shall complete a feasibility study 
                evaluating the available methods to proceed with the 
                project and program established under this section, 
                taking into consideration--
                            ``(i) the availability of carbon capture 
                        technologies;
                            ``(ii) energy conservation and carbon 
                        reduction strategies; and
                            ``(iii) security of operations at the 
                        Capitol power plant.
                    ``(B) Competitive grant program.--The Architect of 
                the Capitol, in cooperation with the Administrator, 
                shall establish a competitive grant demonstration 
                program under which the Architect of the Capitol shall, 
                subject to the availability of appropriations, provide 
                to eligible entities, as determined by the Architect of 
                the Capitol, in cooperation with the Administrator, 
                grants to carry out projects to demonstrate, during the 
                2-year period beginning on the date of enactment of 
                this subsection, the capture and storage or use of 
                carbon dioxide emitted from the Capitol power plant as 
                a result of burning coal.
            ``(3) Requirements.--
                    ``(A) Provision of grants.--
                            ``(i) In general.--The Architect of the 
                        Capitol, in cooperation with the Administrator, 
                        shall provide the grants under the program on a 
                        competitive basis.
                            ``(ii) Factors for consideration.--In 
                        providing grants under the program, the 
                        Architect of the Capitol, in cooperation with 
                        the Administrator, shall take into 
                        consideration--
                                    ``(I) the practicability of 
                                conversion by the proposed project of 
                                carbon dioxide into useful products, 
                                such as transportation fuel;
                                    ``(II) the carbon dioxide energy 
                                efficiency of the proposed project; and
                                    ``(III) whether the proposed 
                                project is able to reduce more than 1 
                                air pollutant regulated under this Act.
                    ``(B) Requirements for entities.--An entity that 
                receives a grant under the program shall--
                            ``(i) use to carry out the project of the 
                        entity a technology designed to reduce or 
                        eliminate emission of carbon dioxide that is in 
                        existence on the date of enactment of this 
                        subsection that has been used--
                                    ``(I) by not less than 3 other 
                                facilities (including a coal-fired 
                                power plant); and
                                    ``(II) on a scale of not less than 
                                5 times the size of the proposed 
                                project of the entity at the Capitol 
                                power plant; and
                            ``(ii) carry out the project of the entity 
                        in consultation with, and with the concurrence 
                        of, the Architect of the Capitol and the 
                        Administrator.
                    ``(C) Consistency with capitol power plant 
                modifications.--The Architect of the Capitol may 
                require changes to a project under the program that are 
                necessary to carry out any modifications to be made to 
                the Capitol power plant.
            ``(4) Incentive.--In addition to the grant under this 
        subsection, the Architect of the Capitol may provide to an 
        entity that receives such a grant an incentive award in an 
        amount equal to not more than $50,000, of which--
                    ``(A) $15,000 shall be provided after the project 
                of the entity has sustained operation for a period of 
                100 days, as determined by the Architect of the 
                Capitol;
                    ``(B) $15,000 shall be provided after the project 
                of the entity has sustained operation for a period of 
                200 days, as determined by the Architect of the 
                Capitol; and
                    ``(C) $20,000 shall be provided after the project 
                of the entity has sustained operation for a period of 
                300 days, as determined by the Architect of the 
                Capitol.
            ``(5) Termination.--The program shall terminate on the date 
        that is 2 years after the date of enactment of this subsection.
            ``(6) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out the program $3,000,000.''.

SEC. 306. ASSESSMENT OF CARBON SEQUESTRATION AND METHANE AND NITROUS 
              OXIDE EMISSIONS FROM TERRESTRIAL ECOSYSTEMS.

    (a) Definitions.--In this section:
            (1) Adaptation strategy.--The term ``adaptation strategy'' 
        means a land use and management strategy that can be used to 
        increase the sequestration capabilities of any terrestrial 
        ecosystem.
            (2) Assessment.--The term ``assessment'' means the national 
        assessment authorized under subsection (b).
            (3) Covered greenhouse gas.--The term ``covered greenhouse 
        gas'' means carbon dioxide, nitrous oxide, and methane gas.
            (4) Native plant species.--The term ``native plant 
        species'' means any noninvasive, naturally occurring plant 
        species within a terrestrial ecosystem.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) Federal land.--The term ``Federal land'' means--
                    (A) land of the National Forest System (as defined 
                in section 11(a) of the Forest and Rangeland Renewable 
                Resources Planning Act of 1974 (16 U.S.C. 1609(a))) 
                administered by the Secretary of Agriculture, acting 
                through the Chief of the Forest Service; and
                    (B) public lands (as defined in section 103 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702)), the surface of which is administered by 
                the Secretary of the Interior, acting through the 
                Director of the Bureau of Land Management.
            (7) Terrestrial ecosystem.--
                    (A) In general.--The term ``terrestrial ecosystem'' 
                means any ecological and surficial geological system on 
                Federal land.
                    (B) Inclusions.--The term ``terrestrial ecosystem'' 
                includes--
                            (i) forest land;
                            (ii) grassland; and
                            (iii) freshwater aquatic ecosystems.
    (b) Authorization of Assessment.--Not later than 2 years after the 
date on which the final methodology is published under subsection 
(f)(3)(D), the Secretary shall complete a national assessment of--
            (1) the quantity of carbon stored in and released from 
        terrestrial ecosystems; including from man-caused and natural 
        fires; and
            (2) the annual flux of covered greenhouse gases in and out 
        of terrestrial ecosystems.
    (c) Components.--In conducting the assessment under subsection (b), 
the Secretary shall--
            (1) determine the processes that control the flux of 
        covered greenhouse gases in and out of each terrestrial 
        ecosystem;
            (2) estimate the technical and economic potential for 
        increasing carbon sequestration in natural and managed 
        terrestrial ecosystems through management activities or 
        restoration activities in each terrestrial ecosystem;
            (3) develop near-term and long-term adaptation strategies 
        or mitigation strategies that can be employed--
                    (A) to enhance the sequestration of carbon in each 
                terrestrial ecosystem;
                    (B) to reduce emissions of covered greenhouse 
                gases; and
                    (C) to adapt to climate change; and
            (4) estimate annual carbon sequestration capacity of 
        terrestrial ecosystems under a range of policies in support of 
        management activities to optimize sequestration.
    (d) Use of Native Plant Species.--In developing restoration 
activities under subsection (c)(2) and management strategies and 
adaptation strategies under subsection (c)(3), the Secretary shall 
emphasize the use of native plant species (including mixtures of many 
native plant species) for sequestering covered greenhouse gas in each 
terrestrial ecosystem.
    (e) Consultation.--In conducting the assessment under subsection 
(b) and developing the methodology under subsection (f), the Secretary 
shall consult with--
            (1) the Secretary of Energy;
            (2) the Secretary of Agriculture;
            (3) the Administrator of the Environmental Protection 
        Agency;
            (4) the heads of other relevant agencies;
            (5) consortia based at institutions of higher education and 
        with research corporations; and
            (6) Federal forest and grassland managers.
    (f) Methodology.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall develop a 
        methodology for conducting the assessment.
            (2) Requirements.--The methodology developed under 
        paragraph (1)--
                    (A) shall--
                            (i) determine the method for measuring, 
                        monitoring, quantifying, and monetizing covered 
                        greenhouse gas emissions and reductions, 
                        including methods for allocating and managing 
                        offsets or credits; and
                            (ii) estimate the total capacity of each 
                        terrestrial ecosystem to--
                                    (I) sequester carbon; and
                                    (II) reduce emissions of covered 
                                greenhouse gases; and
                    (B) may employ economic and other systems models, 
                analyses, and estimations, to be developed in 
                consultation with each of the individuals described in 
                subsection (e).
            (3) External review and publication.--On completion of a 
        proposed methodology, the Secretary shall--
                    (A) publish the proposed methodology;
                    (B) at least 60 days before the date on which the 
                final methodology is published, solicit comments from--
                            (i) the public; and
                            (ii) heads of affected Federal and State 
                        agencies;
                    (C) establish a panel to review the proposed 
                methodology published under subparagraph (A) and any 
                comments received under subparagraph (B), to be 
                composed of members--
                            (i) with expertise in the matters described 
                        in subsections (c) and (d); and
                            (ii) that are, as appropriate, 
                        representatives of Federal agencies, 
                        institutions of higher education, 
                        nongovernmental organizations, State 
                        organizations, industry, and international 
                        organizations; and
                    (D) on completion of the review under subparagraph 
                (C), publish in the Federal register the revised final 
                methodology.
    (g) Estimate; Review.--The Secretary shall--
            (1) based on the assessment, prescribe the data, 
        information, and analysis needed to establish a scientifically 
        sound estimate of--
                    (A) the carbon sequestration capacity of relevant 
                terrestrial ecosystems;
                    (B) a national inventory of covered greenhouse gas 
                sources that is consistent with the inventory prepared 
                by the Environmental Protection Agency entitled the 
                ``Inventory of U.S. Greenhouse Gas Emissions and Sinks: 
                1990-2005''; and
                    (C) the willingness of covered greenhouse gas 
                emitters to pay to sequester the covered greenhouse 
                gases emitted by the applicable emitters in designated 
                terrestrial ecosystems; and
            (2) not later than 180 days after the date on which the 
        assessment is completed, submit to the heads of applicable 
        Federal agencies and the appropriate committees of Congress a 
        report that describes the results of the assessment.
    (h) Data and Report Availability.--On completion of the assessment, 
the Secretary shall incorporate the results of the assessment into a 
web-accessible database for public use.

SEC. 307. ABRUPT CLIMATE CHANGE RESEARCH PROGRAM.

    (a) Establishment of Program.--The Secretary of Commerce shall 
establish within the Office of Oceanic and Atmospheric Research of the 
National Oceanic and Atmospheric Administration, and shall carry out, a 
program of scientific research on abrupt climate change.
    (b) Purposes of Program.--The purposes of the program are as 
follows:
            (1) To develop a global array of terrestrial and 
        oceanographic indicators of paleoclimate in order to 
        sufficiently identify and describe past instances of abrupt 
        climate change.
            (2) To improve understanding of thresholds and 
        nonlinearities in geophysical systems related to the mechanisms 
        of abrupt climate change.
            (3) To incorporate such mechanisms into advanced 
        geophysical models of climate change.
            (4) To test the output of such models against an improved 
        global array of records of past abrupt climate changes.
    (c) Abrupt Climate Change Defined.--In this section, the term 
``abrupt climate change'' means a change in the climate that occurs so 
rapidly or unexpectedly that human or natural systems have difficulty 
adapting to the climate as changed.
    (d) Authorization of Appropriations.--Of such sums previously 
authorized, there is authorized to be appropriated to the Department of 
Commerce for each of fiscal years 2009 through 2014, to remain 
available until expended, such sums as are necessary, not to exceed 
$10,000,000, to carry out the research program required under this 
section.

    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 AND GEOTHERMAL HEAT PUMP TECHNOLOGY 
              ACCELERATION PROGRAM.

    (a) Definition of Administrator.--In this section, the term 
``Administrator'' means the Administrator of General Services.
    (b) Establishment.--
            (1) In general.--The Administrator shall establish a 
        program to accelerate the use of more cost-effective 
        technologies and practices and geothermal heat pumps at GSA 
        facilities.
            (2) Requirements.--The program established under this 
        subsection shall--
                    (A) ensure centralized responsibility for the 
                coordination of cost reduction-related and geothermal 
                heat pump-related recommendations, practices, and 
                activities of all relevant Federal agencies;
                    (B) provide technical assistance and operational 
                guidance to applicable tenants to achieve the goal 
                identified in subsection (c)(2)(B)(ii); and
                    (C) establish methods to track the success of 
                Federal departments and agencies with respect to that 
                goal.
    (c) Accelerated Use of Technologies.--
            (1) Review.--
                    (A) In general.--As part of the program under this 
                section, 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 and geothermal heat pumps in GSA 
                        facilities; and
                            (ii) the availability to managers of GSA 
                        facilities of cost-effective lighting 
                        technologies and geothermal heat pumps.
                    (B) Requirements.--The review under subparagraph 
                (A) shall--
                            (i) examine the use of cost-effective 
                        lighting technologies, geothermal heat pumps, 
                        and other cost-effective technologies and 
                        practices by Federal agencies in GSA 
                        facilities; and
                            (ii) as prepared in consultation with the 
                        Administrator of the Environmental Protection 
                        Agency, identify cost-effective lighting 
                        technology and geothermal heat pump technology 
                        standards that could be used for all types of 
                        GSA facilities.
            (2) Replacement.--
                    (A) In general.--As part of the program under this 
                section, not later than 180 days after the date of 
                enactment of this Act, the Administrator shall 
                establish, using available appropriations, a cost-
                effective lighting technology and geothermal heat pump 
                technology acceleration program to achieve maximum 
                feasible replacement of existing lighting, heating, 
                cooling technologies with cost-effective lighting 
                technologies and geothermal heat pump technologies in 
                each GSA facility.
                    (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, 
                        heating, cooling technologies with cost-
                        effective lighting technologies and geothermal 
                        heat pump 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, heating, and 
                        cooling technologies with cost-effective 
                        lighting technologies and geothermal heat pump 
                        technologies by not later than the date that is 
                        5 years after the date of enactment of this 
                        Act.
    (d) GSA Facility 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 and geothermal 
        heat pump technologies 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) with respect to cost-effective technologies and 
                practices--
                            (i) 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;
                            (ii) describes activities required and 
                        carried out to estimate the funds necessary to 
                        achieve the reduction described in clause (i);
                    (B) includes an estimate of the funds necessary to 
                carry out this section;
                    (C) describes the status of the implementation of 
                cost-effective technologies and practices and 
                geothermal heat pump 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 processes, all types of GSA facility-
                related procedures that inhibit new and existing GSA 
                facilities from implementing cost-effective 
                technologies or geothermal heat pump technologies;
                    (E) recommends language for uniform standards for 
                use by Federal agencies in implementing cost-effective 
                technologies and practices and geothermal heat pump 
                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 
                        geothermal heat pump technologies; and
                            (ii) identifying short- and long-term cost 
                        savings that accrue from the use of cost-
                        effective technologies and practices and 
                        geothermal heat pump technologies and 
                        practices;
                    (G)(i) with respect to geothermal heat pump 
                technologies, achieves substantial operational cost 
                savings through the application of the technologies; 
                and
                    (ii) with respect to cost-effective technologies 
                and practices, 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).
    (e) 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 or geothermal heat pumps, 
                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 or geothermal heat 
                pumps by not later than--
                            (i) for cost-effective technologies and 
                        practices, the date that is 5 years after the 
                        date of installation; and
                            (ii) for geothermal heat pumps, as soon as 
                        practical after the date of installation of the 
                        applicable geothermal heat pump.
                    (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) Geothermal heat pump.--The term ``geothermal heat 
        pump'' means any heating or air conditioning technology that--
                    (A) uses the ground or ground water as a thermal 
                energy source to heat, or as a thermal energy sink to 
                cool, a building; and
                    (B) meets the requirements of the Energy Star 
                program of the Environmental Protection Agency 
                applicable to geothermal heat pumps on the date of 
                purchase of the technology.
            (5) GSA facility.--
                    (A) In general.--The term ``GSA facility'' means 
                any building, structure, or facility, in whole or in 
                part (including the associated 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, DC, 
commonly known as the Forrestal Building.
    (b) Funding.--There shall be available from the Federal Buildings 
Fund established by section 592 of title 40, United States Code, 
$30,000,000 to carry out this section. Such sums shall be derived from 
the unobligated balance of amounts made available from the Fund for 
fiscal year 2007, and prior fiscal years, for repairs and 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).

           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 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 
        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 manufacturers 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 the maximum feasible average 
                fuel economy standard for the fleet.
                    ``(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, by regulation, shall 
        determine in a rulemaking procedure how to implement a 
        commercial medium- and heavy-duty on-highway vehicle fuel 
        efficiency improvement program designed to achieve the maximum 
        feasible improvement, and shall adopt appropriate test methods, 
        measurement metrics, fuel economy standards, and compliance and 
        enforcement protocols that are appropriate, cost-effective, and 
        technologically feasible for commercial 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 an on-highway vehicle with 
        a gross vehicle weight rating of more than 8,500 pounds, and 
        that, in the case of a vehicle with a gross vehicle weight 
        rating of less than 10,000 pounds, is not an automobile.''.
    (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; model years covered.--The 
        Secretary shall--
                    ``(A) prescribe by regulation average fuel economy 
                standards for automobiles based on vehicle attributes 
                related to fuel economy and to express the standards in 
                the form of a mathematical function; and
                    ``(B) 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.--Notwithstanding subsections 
(a) and (b), the Secretary of Transportation--
            ``(1) may prescribe a standard higher than that required 
        under subsection (b); or
            ``(2) 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.''.
    (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) Alternative Fuel Economy Standards for Low Volume Manufacturers 
and New Entrants.--Section 32902(d) of title 49, United States Code, is 
amended to read as follows:
    ``(d) Alternative Average Fuel Economy Standard.--
            ``(1) In general.--Upon the application of an eligible 
        manufacturer, the Secretary of Transportation may prescribe an 
        alternative average fuel economy standard for automobiles 
        manufactured by that manufacturer if the Secretary determines 
        that--
                    ``(A) the applicable standard prescribed under 
                subsection (a), (b), or (c) is more stringent than the 
                maximum feasible average fuel economy level that 
                manufacturer can achieve; and
                    ``(B) the alternative average fuel economy standard 
                prescribed under this subsection is the maximum 
                feasible average fuel economy level that manufacturer 
                can achieve.
            ``(2) Application of alternative standard.--The Secretary 
        may provide for the application of an alternative average fuel 
        economy standard prescribed under paragraph (1) to--
                    ``(A) the manufacturer that applied for the 
                alternative average fuel economy standard;
                    ``(B) all automobiles to which this subsection 
                applies; or
                    ``(C) classes of automobiles manufactured by 
                eligible manufacturers.
            ``(3) Importers.--Notwithstanding paragraph (1), an 
        importer registered under section 30141(c) may not be exempted 
        as a manufacturer under paragraph (1) for an automobile that 
        the importer--
                    ``(A) imports; or
                    ``(B) brings into compliance with applicable motor 
                vehicle safety standards prescribed under chapter 301 
                for an individual described in section 30142.
            ``(4) Application.--The Secretary of Transportation may 
        prescribe the contents of an application for an alternative 
        average fuel economy standard.
            ``(5) Eligible manufacturer defined.--In this section, the 
        term `eligible manufacturer' means a manufacturer that--
                    ``(A) is not owned in whole or in part by another 
                manufacturer that sold greater than 0.5 percent of the 
                number of automobiles sold in the United States in the 
                model year prior to the model year to which the 
                application relates;
                    ``(B) sold in the United States fewer than 0.4 
                percent of the number of automobiles sold in the United 
                States in the model year that is 2 years before the 
                model year to which the application relates; and
                    ``(C) will sell in the United States fewer than 0.4 
                percent of the automobiles sold in the United States 
                for the model year for which the alternative average 
                fuel economy standard will apply.
            ``(6) Limitation.--For purposes of this subsection, 
        notwithstanding section 32901(a)(4), the term `automobile 
        manufactured by a manufacturer' includes every automobile 
        manufactuered by a person that controls, is controlled by, or 
        is under common control with the manufacturer.''
    (f) 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:
``Sec. 30129. Vehicle compatibility standard
    ``(a) Standards.--The Secretary of Transportation shall issue a 
motor vehicle safety standard to reduce automobile incompatibility. 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 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 and medium-duty 
        and heavy-duty truck fuel economy;
            (3) an analysis of how such technologies may be practically 
        integrated into the automotive and medium-duty and heavy-duty 
        truck 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. 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. 512. 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. 513. 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. 514. 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; and
                            (ii) 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. 515. 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.
                    (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. 516. 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 517(a) of the Ten-
        in-Ten Fuel Economy Act.''.

SEC. 517. 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. 518. 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. 519. 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).

SEC. 520. ALTERNATIVE FUEL VEHICLE ACTION PLAN.

    (a) In General.--The Secretary of Transportation shall, establish 
and implement an action plan which takes into consideration the 
availability and cost effectiveness of alternative fuels, which will 
ensure that, beginning with model year 2015, the percentage of new 
automobiles for sale in the United States that are alternative fuel 
automobiles is not less than 50 percent.
    (b) Definitions.--In this section:
            (1) Alternative fuel automobile.--The term ``alternative 
        fuel automobile'' means the following but not limited to--
                    (A) a new advanced lean burn technology motor 
                vehicle (as defined in section 30B(c)(3) of the 
                Internal Revenue Code of 1986) that achieves at least 
                125 percent of the model year 2002 city fuel economy;
                    (B) an alternative fueled automobile;
                    (C) a flexible fuel automobile;
                    (D) a new qualified fuel cell motor vehicle (as 
                defined in section 30B(e)(4) of such Code).
                    (E) a new qualified hybrid motor vehicle (as 
                defined in section 30B(d)(3) of such Code);
                    (F) a plug-in hybrid automobile;
                    (G) an electric automobile;
                    (H) a hydrogen internal combustion engine 
                automobile; and
                    (I) any other automobile that uses substantially 
                new technology and achieves at least 175 percent of the 
                model year 2002 city fuel economy, as determined by the 
                Secretary of Transportation, by regulation.
            (2) Other terms.--Any term used in this section that is 
        defined in section 32901 of title 49, United States Code, has 
        the meaning given that term in that section.

SEC. 521. STUDY OF THE ADEQUACY OF TRANSPORTATION OF DOMESTICALLY-
              PRODUCED RENEWABLE FUEL BY RAILROADS AND OTHER MODES OF 
              TRANSPORTATION.

    (a) Study.--
            (1) In general.--The Secretary of Transportation and the 
        Secretary of Energy shall jointly conduct a study of the 
        adequacy of transportation of domestically-produced renewable 
        fuels by railroad and other modes of transportation as 
        designated by the Secretaries.
            (2) Components.--In conducting the study under paragraph 
        (1), the Secretaries shall--
                    (A) consider the adequacy of existing railroad and 
                other transportation infrastructure, equipment, service 
                and capacity to move the necessary quantities of 
                domestically-produced renewable fuel within the 
                timeframes required by section 111;
                    (B)(i) consider the projected costs of moving the 
                domestically-produced renewable fuel by railroad and 
                other modes transportation; and
                    (ii) consider the impact of the projected costs on 
                the marketability of the domestically-produced 
                renewable fuel;
                    (C) identify current and potential impediments to 
                the reliable transportation of adequate supplies of 
                domestically-produced renewable fuel at reasonable 
                prices, including practices currently utilized by 
                domestic producers, shippers, and receivers of 
                renewable fuels;
                    (D) consider whether inadequate competition exists 
                within and between modes of transportation for the 
                transportation of domestically-produced renewable fuel 
                and, if such inadequate competition exists, whether 
                such inadequate competition leads to an unfair price 
                for the transportation of domestically-produced 
                renewable fuel or unacceptable service for 
                transportation of domestically-produced renewable fuel;
                    (E) consider whether Federal agencies have adequate 
                legal authority to address instances of inadequate 
                competition when inadequate competition is found to 
                prevent domestic producers for renewable fuels from 
                obtaining a fair and reasonable transportation price or 
                acceptable service for the transportation of 
                domestically-produced renewable fuels;
                    (F) consider whether Federal agencies have adequate 
                legal authority to address railroad and transportation 
                service problems that may be resulting in inadequate 
                supplies of domestically-produced renewable fuel in any 
                area of the United States;
                    (G) consider what transportation infrastructure 
                capital expenditures may be necessary to ensure the 
                reliable transportation of adequate supplies of 
                domestically-produced renewable fuel at reasonable 
                prices within the United States and which public and 
                private entities should be responsible for making such 
                expenditures; and
                    (K) provide recommendations on ways to facilitate 
                the reliable 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 Secretaries shall jointly submit to the Committee on 
Commerce, Science and Transportation, the Committee on Energy and 
Natural Resources, and the Committee on Environment and Public Works of 
the Senate and the Committee on Transportation and Infrastructure 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).

                        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 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 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.
            (5) the Department of Energy should be designated as the 
        lead United States Government agency in charge of formulating 
        and coordinating the national energy security policy of the 
        United States, and in furtherance of these goals, there should 
        be established within the Department of Energy an Assistant 
        Secretary of Energy for Energy Security whose responsibilities 
        should include--
                    (A) directing the development of the national 
                energy security strategy of the United States;
                    (B) coordinating the national energy security 
                policy of the United States with the Department of 
                Defense, the Department of State, and the National 
                Security Council, as appropriate, to address the impact 
                of, and integrate national security and foreign policy 
                on, the national energy security policy of the United 
                States;
                    (C) monitoring international and domestic energy 
                developments to gauge their impact on the national 
                energy security policy of the United States and 
                implementing changes in such policy as necessary to 
                maintain the national security and energy security of 
                the United States;
                    (D) identifying foreign sources of energy critical 
                to the national energy security of the United States 
                and developing strategies in conjunction with the 
                Department of State for ensuring United States access 
                to critical foreign energy resources;
                    (E) developing strategies for reducing United 
                States dependence on foreign sources of energy, 
                including demand reduction, efficiency improvement, and 
                development of alternative and new sources of domestic 
                energy; and
                    (F) developing strategies in conjunction with the 
                Department of State for working with major 
                international producers and consumers, including China, 
                Russia, the European Union, and Africa, to minimize 
                politicization of global energy resources while 
                ensuring access through global energy markets.

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 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 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. NATIONAL SECURITY COUNCIL REORGANIZATION.

    Section 101(a) of the National Security Act of 1947 (50 U.S.C. 
402(a)) is amended--
            (1) by redesignating paragraphs (5), (6), and (7) as 
        paragraphs (6), (7), and (8), respectively; and
            (2) by inserting after paragraph (4) the following:
            ``(5) the Secretary of Energy;''.

SEC. 708. ANNUAL NATIONAL ENERGY SECURITY STRATEGY REPORT.

    (a) Reports.--
            (1) In general.--Subject to paragraph (2), on the date on 
        which the President submits to Congress the budget for the 
        following fiscal year under section 1105 of title 31, United 
        States Code, the President shall submit to Congress a 
        comprehensive report on the national energy security of the 
        United States.
            (2) New presidents.--In addition to the reports required 
        under paragraph (1), the President shall submit a comprehensive 
        report on the national energy security of the United States by 
        not later than 150 days after the date on which the President 
        assumes the office of President after a presidential election.
    (b) Contents.--Each report under this section shall describe the 
national energy security strategy of the United States, including a 
comprehensive description of--
            (1) the worldwide interests, goals, and objectives of the 
        United States that are vital to the national energy security of 
        the United States;
            (2) the foreign policy, worldwide commitments, and national 
        defense capabilities of the United States necessary--
                    (A) to deter political manipulation of world energy 
                resources; and
                    (B) to implement the national energy security 
                strategy of the United States;
            (3) the proposed short-term and long-term uses of the 
        political, economic, military, and other authorities of the 
        United States--
                    (A) to protect or promote energy security; and
                    (B) to achieve the goals and objectives described 
                in paragraph (1);
            (4) the adequacy of the capabilities of the United States 
        to protect the national energy security of the United States, 
        including an evaluation of the balance among the capabilities 
        of all elements of the national authority of the United States 
        to support the implementation of the national energy security 
        strategy; and
            (5) such other information as the President determines to 
        be necessary to inform Congress on matters relating to the 
        national energy security of the United States.
    (c) Classified and Unclassified Form.--Each national energy 
security strategy report shall be submitted to Congress in--
            (1) a classified form; and
            (2) an unclassified form.

SEC. 709. 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.

SEC. 710. NO OIL PRODUCING AND EXPORTING CARTELS ACT OF 2007.

    (a) Short Title.--This section may be cited as the ``No Oil 
Producing and Exporting Cartels Act of 2007'' or ``NOPEC''.
    (b) Sherman Act.--The Sherman Act (15 U.S.C. 1 et seq.) is amended 
by adding after section 7 the following:

``SEC. 7A. OIL PRODUCING CARTELS.

    ``(a) In General.--It shall be illegal and a violation of this Act 
for any foreign state, or any instrumentality or agent of any foreign 
state, to act collectively or in combination with any other foreign 
state, any instrumentality or agent of any other foreign state, or any 
other person, whether by cartel or any other association or form of 
cooperation or joint action--
            ``(1) to limit the production or distribution of oil, 
        natural gas, or any other petroleum product;
            ``(2) to set or maintain the price of oil, natural gas, or 
        any petroleum product; or
            ``(3) to otherwise take any action in restraint of trade 
        for oil, natural gas, or any petroleum product;
when such action, combination, or collective action has a direct, 
substantial, and reasonably foreseeable effect on the market, supply, 
price, or distribution of oil, natural gas, or other petroleum product 
in the United States.
    ``(b) Sovereign Immunity.--A foreign state engaged in conduct in 
violation of subsection (a) shall not be immune under the doctrine of 
sovereign immunity from the jurisdiction or judgments of the courts of 
the United States in any action brought to enforce this section.
    ``(c) Inapplicability of Act of State Doctrine.--No court of the 
United States shall decline, based on the act of state doctrine, to 
make a determination on the merits in an action brought under this 
section.
    ``(d) Enforcement.--The Attorney General of the United States may 
bring an action to enforce this section in any district court of the 
United States as provided under the antitrust laws.''.
    (c) Sovereign Immunity.--Section 1605(a) of title 28, United States 
Code, is amended--
            (1) in paragraph (6), by striking ``or'' after the 
        semicolon;
            (2) in paragraph (7), by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following:
            ``(8) in which the action is brought under section 7A of 
        the Sherman Act.''.

SEC. 711. CONVENTION ON SUPPLEMENTARY COMPENSATION FOR NUCLEAR DAMAGE 
              CONTINGENT COST ALLOCATION.

    (a) Findings and Purpose.--
            (1) Findings.--Congress finds that--
                    (A) section 170 of the Atomic Energy Act of 1954 
                (42 U.S.C. 2210) (commonly known as the ``Price-
                Anderson Act'')--
                            (i) provides a predictable legal framework 
                        necessary for nuclear projects; and
                            (ii) ensures prompt and equitable 
                        compensation in the event of a nuclear incident 
                        in the United States;
                    (B) section 170 of that Act, in effect, provides 
                operators of nuclear powerplants with insurance for 
                damage arising out of a nuclear incident and funds the 
                insurance primarily through the assessment of a 
                retrospective premium from each operator after the 
                occurrence of a nuclear incident;
                    (C) the Convention on Supplementary Compensation 
                for Nuclear Damage, done at Vienna on September 12, 
                1997, will establish a global system--
                            (i) to provide a predictable legal 
                        framework necessary for nuclear energy 
                        projects; and
                            (ii) to ensure prompt and equitable 
                        compensation in the event of a nuclear 
                        incident;
                    (D) the Convention benefits United States nuclear 
                suppliers that face potentially unlimited liability for 
                a nuclear incidents outside the coverage of section 170 
                of the Atomic Energy Act of 1954 (42 U.S.C. 2210) by 
                replacing a potentially open-ended liability with a 
                predictable liability regime that, in effect, provides 
                nuclear suppliers with insurance for damage arising out 
                of such an incident;
                    (E) the Convention also benefits United States 
                nuclear facility operators that may be publicly liable 
                for a Price-Anderson incident by providing an 
                additional early source for a Price-Anderson incident 
                by providing an additional early source of funds to 
                compensate damage arising out of the Price-Anderson 
                incident;
                    (F) the combined operation of the Convention, 
                section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 
                2210), and this section will augment the quantity of 
                assured funds available for victims in a wider variety 
                of nuclear incidents while reducing the potential 
                liability of United States suppliers without increasing 
                potential costs to United States operators;
                    (G) the cost of those benefits is the obligation of 
                the United States to contribute to the supplementary 
                compensation fund established by the Convention;
                    (H) any such contribution should be funded in a 
                manner that neither upsets settled expectations based 
                on the liability regime established under section 170 
                of the Atomic Energy Act of 1954 (42 U.S.C. 2210) nor 
                shifts to Federal taxpayers liability risks for nuclear 
                incidents at foreign installations;
                    (I) with respect to a Price-Anderson incident, 
                funds already available under section 170 of the Atomic 
                Energy Act of 1954 (42 U.S.C. 2210) should be used; and
                    (J) with respect to a nuclear incident outside the 
                United States not covered by section 170 of the Atomic 
                Energy Act of 1954 (42 U.S.C. 2210), a retrospective 
                premium should be prorated among nuclear suppliers 
                relieved from potential liability for which insurance 
                is not available.
            (2) Purpose.--The purpose of this section is to allocate 
        the contingent costs associated with participation by the 
        United States in the international nuclear liability 
        compensation system established by the Convention on 
        Supplementary Compensation for Nuclear Damage, done at Vienna 
        on September 12, 1997--
                    (A) with respect to a Price-Anderson incident, by 
                using funds made available under section 170 of the 
                Atomic Energy Act of 1954 (42 U.S.C. 2210) to cover the 
                contingent costs in a manner that neither increases the 
                burdens nor decreases the benefits under section 170 of 
                that Act; and
                    (B) with respect to a covered incident outside the 
                United States that is not a Price-Anderson incident, by 
                allocating the contingent costs equitably, on the basis 
                of risk, among the class of nuclear suppliers relieved 
                by the Convention from the risk of potential liability 
                resulting from any covered incident outside the United 
                States.
    (b) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Nuclear 
        Regulatory Commission.
            (2) Contingent cost.--The term ``contingent cost'' means 
        the cost to the United States in the event of a covered 
        incident the amount of which is equal to the amount of funds 
        the United States is obligated to make available under 
        paragraph 1(b) of Article III of the Convention.
            (3) Convention.--The term ``Convention'' means the 
        Convention on Supplementary Compensation for Nuclear Damage, 
        done at Vienna on September 12, 1997.
            (4) Covered incident.--The term ``covered incident'' means 
        a nuclear incident the occurrence of which results in a request 
        for funds pursuant to Article VII of the Convention.
            (5) Covered installation.--The term ``covered 
        installation'' means a nuclear installation at which the 
        occurrence of a nuclear incident could result in a request for 
        funds under Article VII of the Convention.
            (6) Covered person.--
                    (A) In general.--The term ``covered person'' 
                means--
                            (i) a United States person; and
                            (ii) an individual or entity (including an 
                        agency or instrumentality of a foreign country) 
                        that--
                                    (I) is located in the United 
                                States; or
                                    (II) carries out an activity in the 
                                United States.
                    (B) Exclusions.--The term ``covered person'' does 
                not include--
                            (i) the United States; or
                            (ii) any agency or instrumentality of the 
                        United States.
            (7) Nuclear supplier.--The term ``nuclear supplier'' means 
        a covered person (or a successor in interest of a covered 
        person) that--
                    (A) supplies facilities, equipment, fuel, services, 
                or technology pertaining to the design, construction, 
                operation, or decommissioning of a covered 
                installation; or
                    (B) transports nuclear materials that could result 
                in a covered incident.
            (8) Price-anderson incident.--The term ``Price-Anderson 
        incident'' means a covered incident for which section 170 of 
        the Atomic Energy Act of 1954 (42 U.S.C. 2210) would make funds 
        available to compensate for public liability (as defined in 
        section 11 of that Act (42 U.S.C. 2014)).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (10) United states.--
                    (A) In general.--The term ``United States'' has the 
                meaning given the term in section 11 of the Atomic 
                Energy Act of 1954 (42 U.S.C. 2014).
                    (B) Inclusions.--The term ``United States'' 
                includes--
                            (i) the Commonwealth of Puerto Rico;
                            (ii) any other territory or possession of 
                        the United States;
                            (iii) the Canal Zone; and
                            (iv) the waters of the United States 
                        territorial sea under Presidential Proclamation 
                        Number 5928, dated December 27, 1988 (43 U.S.C. 
                        1331 note).
            (11) United states person.--The term ``United States 
        person'' means--
                    (A) any individual who is a resident, national, or 
                citizen of the United States (other than an individual 
                residing outside of the United States and employed by a 
                person who is not a United States person); and
                    (B) any corporation, partnership, association, 
                joint stock company, business trust, unincorporated 
                organization, or sole proprietorship that is organized 
                under the laws of the United States.
    (c) Use of Price-Anderson Funds.--
            (1) In general.--Funds made available under section 170 of 
        the Atomic Energy Act of 1954 (42 U.S.C. 2210) shall be used to 
        cover the contingent cost resulting from any Price-Anderson 
        incident.
            (2) Effect.--The use of funds pursuant to paragraph (1) 
        shall not reduce the limitation on public liability established 
        under section 170 e. of the Atomic Energy Act of 1954 (42 
        U.S.C. 2210(e)).
    (d) Effect on Amount of Public Liability.--
            (1) In general.--Funds made available to the United States 
        under Article VII of the Convention with respect to a Price-
        Anderson incident shall be used to satisfy public liability 
        resulting from the Price-Anderson incident.
            (2) Amount.--The amount of public liability allowable under 
        section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) 
        relating to a Price-Anderson incident under paragraph (1) shall 
        be increased by an amount equal to the difference between--
                    (A) the amount of funds made available for the 
                Price-Anderson incident under Article VII of the 
                Convention; and
                    (B) the amount of funds used under subsection (c) 
                to cover the contingent cost resulting from the Price-
                Anderson incident.
    (e) Retrospective Risk Pooling Program.--
            (1) In general.--Except as provided in paragraph (2), each 
        nuclear supplier shall participate in a retrospective risk 
        pooling program in accordance with this section to cover the 
        contingent cost resulting from a covered incident outside the 
        United States that is not a Price-Anderson incident.
            (2) Deferred payment.--
                    (A) In general.--The obligation of a nuclear 
                supplier to participate in the retrospective risk 
                pooling program shall be deferred until the United 
                States is called on to provide funds pursuant to 
                Article VII of the Convention with respect to a covered 
                incident that is not a Price-Anderson incident.
                    (B) Amount of deferred payment.--The amount of a 
                deferred payment of a nuclear supplier under 
                subparagraph (A) shall be based on the risk-informed 
                assessment formula determined under subparagraph (C).
                    (C) Risk-informed assessment formula.--
                            (i) In general.--Not later than 3 years 
                        after the date of enactment of this Act, and 
                        every 5 years thereafter, the Secretary shall, 
                        by regulation, determine the risk-informed 
                        assessment formula for the allocation among 
                        nuclear suppliers of the contingent cost 
                        resulting from a covered incident that is not a 
                        Price-Anderson incident, taking into account 
                        risk factors such as--
                                    (I) the nature and intended purpose 
                                of the goods and services supplied by 
                                each nuclear supplier to each covered 
                                installation outside the United States;
                                    (II) the quantity of the goods and 
                                services supplied by each nuclear 
                                supplier to each covered installation 
                                outside the United States;
                                    (III) the hazards associated with 
                                the supplied goods and services if the 
                                goods and services fail to achieve the 
                                intended purposes;
                                    (IV) the hazards associated with 
                                the covered installation outside the 
                                United States to which the goods and 
                                services are supplied;
                                    (V) the legal, regulatory, and 
                                financial infrastructure associated 
                                with the covered installation outside 
                                the United States to which the goods 
                                and services are supplied; and
                                    (VI) the hazards associated with 
                                particular forms of transportation.
                            (ii) Factors for consideration.--In 
                        determining the formula, the Secretary may--
                                    (I) exclude--
                                            (aa) goods and services 
                                        with negligible risk;
                                            (bb) classes of goods and 
                                        services not intended 
                                        specifically for use in a 
                                        nuclear installation;
                                            (cc) a nuclear supplier 
                                        with a de minimis share of the 
                                        contingent cost; and
                                            (dd) a nuclear supplier no 
                                        longer in existence for which 
                                        there is no identifiable 
                                        successor; and
                                    (II) establish the period on which 
                                the risk assessment is based.
                            (iii) Application.--In applying the 
                        formula, the Secretary shall not consider any 
                        covered installation or transportation for 
                        which funds would be available under section 
                        170 of the Atomic Energy Act of 1954 (42 U.S.C. 
                        2210).
                            (iv) Report.--Not later than 5 years after 
                        the date of enactment of this Act and every 5 
                        years thereafter, the Secretary shall submit to 
                        the Committee on Environment and Public Works 
                        of the Senate and the Committee on Energy and 
                        Commerce of the House of Representatives a 
                        report on whether there is a need for 
                        continuation or amendment of this section, 
                        taking into account the effects of the 
                        implementation of the Convention on the United 
                        States nuclear industry and suppliers.
    (f) Reporting.--
            (1) Collection of information.--
                    (A) In general.--The Secretary may collect 
                information necessary for developing and implementing 
                the formula for calculating the deferred payment of a 
                nuclear supplier under subsection (e)(2).
                    (B) Provision of information.--Each nuclear 
                supplier and other appropriate persons shall make 
                available to the Secretary such information, reports, 
                records, documents, and other data as the Secretary 
                determines, by regulation, to be necessary or 
                appropriate to develop and implement the formula under 
                subsection (e)(2)(C).
            (2) Private insurance.--The Secretary shall make available 
        to nuclear suppliers, and insurers of nuclear suppliers, 
        information to support the voluntary establishment and 
        maintenance of private insurance against any risk for which 
        nuclear suppliers may be required to pay deferred payments 
        under this section.
    (g) Effect on Liability.--Nothing in any other law (including 
regulations) limits liability for a covered incident to an amount equal 
to less than the amount prescribed in paragraph 1(a) of Article IV of 
the Convention, unless the law--
            (1) specifically refers to this section; and
            (2) explicitly repeals, alters, amends, modifies, impairs, 
        displaces, or supersedes the effect of this subsection.
    (h) Payments to and by the United States.--
            (1) Action by nuclear suppliers.--
                    (A) Notification.--In the case of a request for 
                funds under Article VII of the Convention resulting 
                from a covered incident that is not a Price-Anderson 
                incident, the Secretary shall notify each nuclear 
                supplier of the amount of the deferred payment required 
                to be made by the nuclear supplier.
                    (B) Payments.--
                            (i) In general.--Except as provided in 
                        clause (ii), not later than 60 days after 
                        receipt of a notification under subparagraph 
                        (A), a nuclear supplier shall pay to the 
                        general fund of the Treasury the deferred 
                        payment of the nuclear supplier required under 
                        subparagraph (A).
                            (ii) Annual payments.--A nuclear supplier 
                        may elect to prorate payment of the deferred 
                        payment required under subparagraph (A) in 5 
                        equal annual payments (including interest on 
                        the unpaid balance at the prime rate prevailing 
                        at the time the first payment is due).
                    (C) Vouchers.--A nuclear supplier shall submit 
                payment certification vouchers to the Secretary of the 
                Treasury in accordance with section 3325 of title 31, 
                United States Code.
            (2) Use of funds.--
                    (A) In general.--Amounts paid into the Treasury 
                under paragraph (1) shall be available to the Secretary 
                of the Treasury, without further appropriation and 
                without fiscal year limitation, for the purpose of 
                making the contributions of public funds required to be 
                made by the United States under the Convention.
                    (B) Action by secretary of treasury.--The Secretary 
                of the Treasury shall pay the contribution required 
                under the Convention to the court of competent 
                jurisdiction under Article XIII of the Convention with 
                respect to the applicable covered incident.
            (3) Failure to pay.--If a nuclear supplier fails to make a 
        payment required under this subsection, the Secretary may take 
        appropriate action to recover from the nuclear supplier--
                    (A) the amount of the payment due from the nuclear 
                supplier;
                    (B) any applicable interest on the payment; and
                    (C) a penalty of not more than twice the amount of 
                the deferred payment due from the nuclear supplier.
    (i) Limitation on Judicial Review; Cause of Action.--
            (1) Limitation on judicial review.--
                    (A) In general.--In any civil action arising under 
                the Convention over which Article XIII of the 
                Convention grants jurisdiction to the courts of the 
                United States, any appeal or review by writ of mandamus 
                or otherwise with respect to a nuclear incident that is 
                not a Price-Anderson incident shall be in accordance 
                with chapter 83 of title 28, United States Code, except 
                that the appeal or review shall occur in the United 
                States Court of Appeals for the District of Columbia 
                Circuit.
                    (B) Supreme court jurisdiction.--Nothing in this 
                paragraph affects the jurisdiction of the Supreme Court 
                of the United States under chapter 81 of title 28, 
                United States Code.
            (2) Cause of action.--
                    (A) In general.--Subject to subparagraph (B), in 
                any civil action arising under the Convention over 
                which Article XIII of the Convention grants 
                jurisdiction to the courts of the United States, in 
                addition to any other cause of action that may exist, 
                an individual or entity shall have a cause of action 
                against the operator to recover for nuclear damage 
                suffered by the individual or entity.
                    (B) Requirement.--Subparagraph (A) shall apply only 
                if the individual or entity seeks a remedy for nuclear 
                damage (as defined in Article I of the Convention) that 
                was caused by a nuclear incident (as defined in Article 
                I of the Convention) that is not a Price-Anderson 
                incident.
                    (C) Effect of paragraph.--Nothing in this paragraph 
                limits, modifies, extinguishes, or otherwise affects 
                any cause of action that would have existed in the 
                absence of enactment of this paragraph.
    (j) Right of Recourse.--This section does not provide to an 
operator of a covered installation any right of recourse under the 
Convention.
    (k) Protection of Sensitive United States Information.--Nothing in 
the Convention or this section requires the disclosure of--
            (1) any data that, at any time, was Restricted Data (as 
        defined in section 11 of the Atomic Energy Act of 1954 (42 
        U.S.C. 2014));
            (2) information relating to intelligence sources or methods 
        protected by section 102A(i) of the National Security Act of 
        1947 (50 U.S.C. 403-1(i)); or
            (3) national security information classified under 
        Executive Order 12958 (50 U.S.C. 435 note; relating to 
        classified national security information) (or a successor 
        regulation).
    (l) Regulations.--
            (1) In general.--The Secretary or the Commission, as 
        appropriate, may prescribe regulations to carry out section 170 
        of the Atomic Energy Act of 1954 (42 U.S.C. 2210) and this 
        section.
            (2) Requirement.--Rules prescribed under this subsection 
        shall ensure, to the maximum extent practicable, that--
                    (A) the implementation of section 170 of the Atomic 
                Energy Act of 1954 (42 U.S.C. 2210) and this section is 
                consistent and equitable; and
                    (B) the financial and operational burden on a 
                Commission licensee in complying with section 170 of 
                that Act is not greater as a result of the enactment of 
                this section.
            (3) Applicability of provision.--Section 553 of title 5, 
        United States Code, shall apply with respect to the 
        promulgation of regulations under this subsection.
            (4) Effect of subsection.--The authority provided under 
        this subsection is in addition to, and does not impair or 
        otherwise affect, any other authority of the Secretary or the 
        Commission to prescribe regulations.
    (m) Effective Date.--This section takes effect on the date of 
enactment of this Act.

                       TITLE VIII--MISCELLANEOUS

SEC. 801. STUDY OF THE EFFECT OF PRIVATE WIRE LAWS ON THE DEVELOPMENT 
              OF COMBINED HEAT AND POWER FACILITIES.

    (a) Study.--
            (1) In general.--The Secretary, in consultation with the 
        States and other appropriate entities, shall conduct a study of 
        the laws (including regulations) affecting the siting of 
        privately owned electric distribution wires on and across 
        public rights-of-way.
            (2) Requirements.--The study under paragraph (1) shall 
        include--
                    (A) an evaluation of--
                            (i) the purposes of the laws; and
                            (ii) the effect the laws have on the 
                        development of combined heat and power 
                        facilities;
                    (B) a determination of whether a change in the laws 
                would have any operating, reliability, cost, or other 
                impacts on electric utilities and the customers of the 
                electric utilities; and
                    (C) an assessment of--
                            (i) whether privately owned electric 
                        distribution wires would result in duplicative 
                        facilities; and
                            (ii) whether duplicative facilities are 
                        necessary or desirable.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to Congress a report that 
describes the results of the study conducted under subsection (a).

                 TITLE IX--RENEWABLE PORTFOLIO STANDARD

SEC. 901. RENEWABLE PORTFOLIO STANDARD.

    (a) In General.--Title VI of the Public Utility Regulatory Policies 
Act of 1978 (16 U.S.C. 2601 et seq.) is amended by adding at the end 
the following:

``SEC. 610. FEDERAL RENEWABLE PORTFOLIO STANDARD.

    ``(a) Renewable Energy Requirement.--
            ``(1) In general.--Each retail electric supplier that sells 
        electricity to electric consumers shall obtain a percentage of 
        the base amount of electricity it sells to electric consumers 
        in any calendar year from new renewable energy or existing 
        renewable energy. The percentage obtained in a calendar year 
        shall not be less than the amount specified in the following 
        table:


 
 
 
``Calendar years                         Minimum annual percentage
  2010 through 2012....................  3.75
  2013 through 2016....................  7.50
  2017 through 2019....................  11.25
  2020 through 2030....................  15.0

            ``(2) Means of compliance.--An electric utility shall meet 
        the requirements of paragraph (1) by--
                    ``(A) submitting to the Secretary renewable energy 
                credits issued under subsection (b);
                    ``(B) making alternative compliance payments to the 
                Secretary at the rate of 2 cents per kilowatt hour (as 
                adjusted for inflation under subsection (g)); or
                    ``(C) a combination of activities described in 
                subparagraphs (A) and (B).
            ``(3) Special rule.--Nothing in this section authorizes or 
        requires the Tennessee Valley Authority to make any capital 
        expenditure on new generating capacity, except to the extent 
        that budget authority for the expenditure is provided in 
        advance in an appropriations Act.
    ``(b) Federal Renewable Energy Credit Trading Program.--
            ``(1) In general.--Not later than July 1, 2009, the 
        Secretary shall establish a Federal renewable energy credit 
        trading program under which electric utilities shall submit to 
        the Secretary renewable energy credits to certify the 
        compliance of the electric utilities with respect to 
        obligations under subsection (a)(1).
            ``(2) Administration.--As part of the program, the 
        Secretary shall--
                    ``(A) issue tradeable renewable energy credits to 
                generators of electric energy from new renewable 
                energy;
                    ``(B) issue nontradeable renewable energy credits 
                to generators of electric energy from existing 
                renewable energy;
                    ``(C) issue renewable energy credits to electric 
                utilities associated with State renewable portfolio 
                standard compliance mechanisms pursuant to subsection 
                (h);
                    ``(D) ensure that a kilowatt hour, including the 
                associated renewable energy credit, shall be used only 
                once for purposes of compliance with this Act;
                    ``(E) allow double credits for generation from 
                facilities on Indian land, and triple credits for 
                generation from small renewable distributed generators 
                (meaning those no larger than 1 megawatt); and
                    ``(F) ensure that, with respect to a purchaser 
                that, as of the date of enactment of this section, has 
                a purchase agreement from a renewable energy facility 
                placed in service before that date, the credit 
                associated with the generation of renewable energy 
                under the contract is issued to the purchaser of the 
                electric energy to the extent that the contract does 
                not already provide for the allocation of the Federal 
                credit.
            ``(3) Duration.--A credit described in subparagraph (A), 
        (B), or (C) of paragraph (2) may only be used for compliance 
        with this section during the 3-year period beginning on the 
        date of issuance of the credit.
            ``(4) Transfers.--An electric utility that holds credits in 
        excess of the quantity of credits needed to comply with 
        subsection (a) may transfer the credits to another electric 
        utility in the same utility holding company system.
            ``(5) Delegation of market function.--The Secretary may 
        delegate to an appropriate market-making entity the 
        administration of a national tradeable renewable energy credit 
        market for purposes of creating a transparent national market 
        for the sale or trade of renewable energy credits.
    ``(c) Enforcement.--
            ``(1) Civil penalties.--Any electric utility that fails to 
        meet the compliance requirements of subsection (a) shall be 
        subject to a civil penalty.
            ``(2) Amount of penalty.--The amount of the civil penalty 
        shall be determined by multiplying the number of kilowatt-hours 
        of electric energy sold to electric consumers in violation of 
        subsection (a) by the greater of--
                    ``(A) the value of the alternative compliance 
                payment, as adjusted to reflect changes for the 12-
                month period ending the preceding November 30 in the 
                Consumer Price Index for All Urban Consumers published 
                by the Bureau of Labor Statistics of the Department of 
                Labor; or
                    ``(B) 200 percent of the average market value of 
                renewable energy credits during the year in which the 
                violation occurred.
            ``(3) Mitigation or waiver.--
                    ``(A) Penalty.--
                            ``(i) In general.--The Secretary may 
                        mitigate or waive a civil penalty under this 
                        subsection if the electric utility is unable to 
                        comply with subsection (a) for a reason outside 
                        of the reasonable control of the utility.
                            ``(ii) Amount.--The Secretary shall reduce 
                        the amount of any penalty determined under 
                        paragraph (2) by the amount paid by the 
                        electric utility to a State for failure to 
                        comply with the requirement of a State 
                        renewable energy program if the State 
                        requirement is greater than the applicable 
                        requirement of subsection (a).
                    ``(B) Requirement.--The Secretary may waive the 
                requirements of subsection (a) for a period of up to 5 
                years with respect to an electric utility if the 
                Secretary determines that the electric utility cannot 
                meet the requirements because of a hurricane, tornado, 
                fire, flood, earthquake, ice storm, or other natural 
                disaster or act of God beyond the reasonable control of 
                the utility.
            ``(4) Procedure for assessing penalty.--The Secretary shall 
        assess a civil penalty under this subsection in accordance with 
        the procedures prescribed by section 333(d) of the Energy 
        Policy and Conservation Act of 1954 (42 U.S.C. 6303).
    ``(d) State Renewable Energy Account Program.--
            ``(1) In general.--There is established in the Treasury a 
        State renewable energy account program.
            ``(2) Deposits.--All money collected by the Secretary from 
        alternative compliance payments and the assessment of civil 
        penalties under this section shall be deposited into the 
        renewable energy account established pursuant to this 
        subsection.
            ``(3) Use.--Proceeds deposited in the State renewable 
        energy account shall be used by the Secretary, subject to 
        appropriations, for a program to provide grants to the State 
        agency responsible for developing State energy conservation 
        plans under section 362 of the Energy Policy and Conservation 
        Act (42 U.S.C. 6322) for the purposes of promoting renewable 
        energy production, including programs that promote technologies 
        that reduce the use of electricity at customer sites such as 
        solar water heating.
            ``(4) Administration.--The Secretary may issue guidelines 
        and criteria for grants awarded under this subsection. State 
        energy offices receiving grants under this section shall 
        maintain such records and evidence of compliance as the 
        Secretary may require.
            ``(5) Preference.--In allocating funds under this program, 
        the Secretary shall give preference--
                    ``(A) to States in regions which have a 
                disproportionately small share of economically 
                sustainable renewable energy generation capacity; and
                    ``(B) to State programs to stimulate or enhance 
                innovative renewable energy technologies.
    ``(e) Rules.--The Secretary shall issue rules implementing this 
section not later than 1 year after the date of enactment of this 
section.
    ``(f) Exemptions.--This section shall not apply in any calendar 
year to an electric utility--
            ``(1) that sold less than 4,000,000 megawatt-hours of 
        electric energy to electric consumers during the preceding 
        calendar year; or
            ``(2) in Hawaii.
    ``(g) Inflation Adjustment.--Not later than December 31 of each 
year beginning in 2008, the Secretary shall adjust for inflation the 
rate of the alternative compliance payment under subsection (a)(2)(B) 
and the amount of the civil penalty per kilowatt-hour under subsection 
(c)(2).
    ``(h) State Programs.--
            ``(1) In general.--Nothing in this section diminishes any 
        authority of a State or political subdivision of a State to 
        adopt or enforce any law or regulation respecting renewable 
        energy or the regulation of electric utilities, but, except as 
        provided in subsection (c)(3), no such law or regulation shall 
        relieve any person of any requirement otherwise applicable 
        under this section. The Secretary, in consultation with States 
        having such renewable energy programs, shall, to the maximum 
        extent practicable, facilitate coordination between the Federal 
        program and State programs.
            ``(2) Regulations.--
                    ``(A) In general.--The Secretary, in consultation 
                with States, shall promulgate regulations to ensure 
                that an electric utility that is subject to the 
                requirements of this section and is subject to a State 
                renewable energy standard receives renewable energy 
                credits if--
                            ``(i) the electric utility complies with 
                        State standard by generating or purchasing 
                        renewable electric energy or renewable energy 
                        certificates or credits; or
                            ``(ii) the State imposes or allows other 
                        mechanisms for achieving the State standard, 
                        including the payment of taxes, fees, 
                        surcharges, or other financial obligations.
                    ``(B) Amount of credits.--The amount of credits 
                received by an electric utility under this subsection 
                shall equal--
                            ``(i) in the case of subparagraph (A)(i), 
                        the renewable energy resulting from the 
                        generation or purchase by the electric utility 
                        of existing renewable energy or new renewable 
                        energy; and
                            ``(ii) in the case of subparagraph (A)(ii), 
                        the pro rata share of the electric utility, 
                        based on the contributions to the mechanism 
                        made by the electric utility or customers of 
                        the electric utility, in the State, of the 
                        renewable energy resulting from those 
                        mechanisms.
                    ``(C) Prohibition on double counting.--The 
                regulations promulgated under this paragraph shall 
                ensure that a kilowatt-hour associated with a renewable 
                energy credit issued pursuant to this subsection shall 
                not be used for compliance with this section more than 
                once.
    ``(i) Definitions.--In this section:
            ``(1) Base amount of electricity.--The term `base amount of 
        electricity' means the total amount of electricity sold by an 
        electric utility to electric consumers in a calendar year, 
        excluding--
                    ``(A) electricity generated by a hydroelectric 
                facility (including a pumped storage facility but 
                excluding incremental hydropower); and
            ``(2) Distributed generation facility.--The term 
        `distributed generation facility' means a facility at a 
        customer site.
            ``(3) Existing renewable energy.--The term `existing 
        renewable energy' means, except as provided in paragraph 
        (7)(B), electric energy generated at a facility (including a 
        distributed generation facility) placed in service prior to 
        January 1, 2001, from solar, wind, or geothermal energy, ocean 
        energy, biomass (as defined in section 203(a) of the Energy 
        Policy Act of 2005), or landfill gas.
            ``(4) Geothermal energy.--The term `geothermal energy' 
        means energy derived from a geothermal deposit (within the 
        meaning of section 613(e)(2) of the Internal Revenue Code of 
        1986).
            ``(5) Incremental geothermal production.--
                    ``(A) In general.--The term `incremental geothermal 
                production' means for any year the excess of--
                            ``(i) the total kilowatt hours of 
                        electricity produced from a facility (including 
                        a distributed generation facility) using 
                        geothermal energy; over
                            ``(ii) the average annual kilowatt hours 
                        produced at such facility for 5 of the previous 
                        7 calendar years before the date of enactment 
                        of this section after eliminating the highest 
                        and the lowest kilowatt hour production years 
                        in such 7-year period.
                    ``(B) Special rule.--A facility described in 
                subparagraph (A) that was placed in service
        at least 7 years before the date of enactment of this section 
        shall, commencing with the year in which such date of enactment 
        occurs, reduce the amount calculated under subparagraph (A)(ii) 
        each year, on a cumulative basis, by the average percentage 
        decrease in the annual kilowatt hour production for the 7-year 
        period described in subparagraph (A)(ii) with such cumulative 
        sum not to exceed 30 percent.
            ``(6) Incremental hydropower.--The term `incremental 
        hydropower' means additional energy generated as a result of 
        efficiency improvements or capacity additions made on or after 
        January 1, 2001, or the effective date of an existing 
        applicable State renewable portfolio standard program at a 
        hydroelectric facility that was placed in service before that 
        date. The term does not include additional energy generated as 
        a result of operational changes not directly associated with 
        efficiency improvements or capacity additions. Efficiency 
        improvements and capacity additions shall be measured on the 
        basis of the same water flow information used to determine a 
        historic average annual generation baseline for the 
        hydroelectric facility and certified by the Secretary or the 
        Federal Energy Regulatory Commission.
            ``(7) New renewable energy.--The term `new renewable 
        energy' means--
                    ``(A) electric energy generated at a facility 
                (including a distributed generation facility) placed in 
                service on or after January 1, 2001, 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) incremental hydropower; and
                    ``(B) for electric energy generated at a facility 
                (including a distributed generation facility) placed in 
                service before January 1, 2001--
                            ``(i) the additional energy above the 
                        average generation during the period beginning 
                        on January 1, 1998, and ending on January 1, 
                        2001, at the facility from--
                                    ``(I) solar or wind 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) incremental hydropower; and
                            ``(ii) incremental geothermal production.
            ``(8) Ocean energy.--The term `ocean energy' includes 
        current, wave, tidal, and thermal energy.
            ``(9) Retail electric supplier.--The term `retail electric 
        supplier' means a person that sells electric energy to electric 
        consumers and sold not less than 1,000,000 megawatt-hours of 
        electric energy to electric consumers for purposes other than 
        resale during the preceding calendar year; except that such 
        term does not include the United States, a State or any 
        political subdivision of a State, or any agency, authority, or 
        instrumentality of any one or more of the foregoing, or a rural 
        electric cooperative.
    ``(j) Sunset.--This section expires on December 31, 2030.''.
    (b) Table of Contents Amendment.--The table of contents of the 
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. prec. 2601) 
is amended by adding at the end of the items relating to title VI the 
following:

``Sec. 610. Renewable portfolio standard.''.
                                 <all>