[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6 Enrolled Bill (ENR)]

        H.R.6

                       One Hundred Tenth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Thursday,
            the fourth day of January, two thousand and seven


                                 An Act


 
    To move the United States toward greater energy independence and 
   security, to increase the production of clean renewable fuels, to 
 protect consumers, to increase the efficiency of products, buildings, 
 and vehicles, to promote research on and deploy greenhouse gas capture 
   and storage options, and to improve the energy performance of the 
               Federal Government, 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 ``Energy 
Independence and Security 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. Definitions.
Sec. 3. Relationship to other law.

     TITLE I--ENERGY SECURITY THROUGH IMPROVED VEHICLE FUEL ECONOMY

     Subtitle A--Increased Corporate Average Fuel Economy Standards

Sec. 101. Short title.
Sec. 102. Average fuel economy standards for automobiles and certain 
          other vehicles.
Sec. 103. Definitions.
Sec. 104. Credit trading program.
Sec. 105. Consumer information.
Sec. 106. Continued applicability of existing standards.
Sec. 107. National Academy of Sciences studies.
Sec. 108. National Academy of Sciences study of medium-duty and heavy-
          duty truck fuel economy.
Sec. 109. Extension of flexible fuel vehicle credit program.
Sec. 110. Periodic review of accuracy of fuel economy labeling 
          procedures.
Sec. 111. Consumer tire information.
Sec. 112. Use of civil penalties for research and development.
Sec. 113. Exemption from separate calculation requirement.

                 Subtitle B--Improved Vehicle Technology

Sec. 131. Transportation electrification.
Sec. 132. Domestic manufacturing conversion grant program.
Sec. 133. Inclusion of electric drive in Energy Policy Act of 1992.
Sec. 134. Loan guarantees for fuel-efficient automobile parts 
          manufacturers.
Sec. 135. Advanced battery loan guarantee program.
Sec. 136. Advanced technology vehicles manufacturing incentive program.

                   Subtitle C--Federal Vehicle Fleets

Sec. 141. Federal vehicle fleets.
Sec. 142. Federal fleet conservation requirements.

   TITLE II--ENERGY SECURITY THROUGH INCREASED PRODUCTION OF BIOFUELS

                   Subtitle A--Renewable Fuel Standard

Sec. 201. Definitions.
Sec. 202. Renewable fuel standard.
Sec. 203. Study of impact of Renewable Fuel Standard.
Sec. 204. Environmental and resource conservation impacts.
Sec. 205. Biomass based diesel and biodiesel labeling.
Sec. 206. Study of credits for use of renewable electricity in electric 
          vehicles.
Sec. 207. Grants for production of advanced biofuels.
Sec. 208. Integrated consideration of water quality in determinations on 
          fuels and fuel additives.
Sec. 209. Anti-backsliding.
Sec. 210. Effective date, savings provision, and transition rules.

              Subtitle B--Biofuels Research and Development

Sec. 221. Biodiesel.
Sec. 222. Biogas.
Sec. 223. Grants for biofuel production research and development in 
          certain States.
Sec. 224. Biorefinery energy efficiency.
Sec. 225. Study of optimization of flexible fueled vehicles to use E-85 
          fuel.
Sec. 226. Study of engine durability and performance associated with the 
          use of biodiesel.
Sec. 227. Study of optimization of biogas used in natural gas vehicles.
Sec. 228. Algal biomass.
Sec. 229. Biofuels and biorefinery information center.
Sec. 230. Cellulosic ethanol and biofuels research.
Sec. 231. Bioenergy research and development, authorization of 
          appropriation.
Sec. 232. Environmental research and development.
Sec. 233. Bioenergy research centers.
Sec. 234. University based research and development grant program.

                   Subtitle C--Biofuels Infrastructure

Sec. 241. Prohibition on franchise agreement restrictions related to 
          renewable fuel infrastructure.
Sec. 242. Renewable fuel dispenser requirements.
Sec. 243. Ethanol pipeline feasibility study.
Sec. 244. Renewable fuel infrastructure grants.
Sec. 245. Study of the adequacy of transportation of domestically-
          produced renewable fuel by railroads and other modes of 
          transportation.
Sec. 246. Federal fleet fueling centers.
Sec. 247. Standard specifications for biodiesel.
Sec. 248. Biofuels distribution and advanced biofuels infrastructure.

                  Subtitle D--Environmental Safeguards

Sec. 251. Waiver for fuel or fuel additives.

 TITLE III--ENERGY SAVINGS THROUGH IMPROVED STANDARDS FOR APPLIANCE AND 
                                LIGHTING

                 Subtitle A--Appliance Energy Efficiency

Sec. 301. External power supply efficiency standards.
Sec. 302. Updating appliance test procedures.
Sec. 303. Residential boilers.
Sec. 304. Furnace fan standard process.
Sec. 305. Improving schedule for standards updating and clarifying State 
          authority.
Sec. 306. Regional standards for furnaces, central air conditioners, and 
          heat pumps.
Sec. 307. Procedure for prescribing new or amended standards.
Sec. 308. Expedited rulemakings.
Sec. 309. Battery chargers.
Sec. 310. Standby mode.
Sec. 311. Energy standards for home appliances.
Sec. 312. Walk-in coolers and walk-in freezers.
Sec. 313. Electric motor efficiency standards.
Sec. 314. Standards for single package vertical air conditioners and 
          heat pumps.
Sec. 315. Improved energy efficiency for appliances and buildings in 
          cold climates.
Sec. 316. Technical corrections.

                 Subtitle B--Lighting Energy Efficiency

Sec. 321. Efficient light bulbs.
Sec. 322. Incandescent reflector lamp efficiency standards.
Sec. 323. Public building energy efficient and renewable energy systems.
Sec. 324. Metal halide lamp fixtures.
Sec. 325. Energy efficiency labeling for consumer electronic products.

           TITLE IV--ENERGY SAVINGS IN BUILDINGS AND INDUSTRY

Sec. 401. Definitions.

               Subtitle A--Residential Building Efficiency

Sec. 411. Reauthorization of weatherization assistance program.
Sec. 412. Study of renewable energy rebate programs.
Sec. 413. Energy code improvements applicable to manufactured housing.

            Subtitle B--High-Performance Commercial Buildings

Sec. 421. Commercial high-performance green buildings.
Sec. 422. Zero Net Energy Commercial Buildings Initiative.
Sec. 423. Public outreach.

             Subtitle C--High-Performance Federal Buildings

Sec. 431. Energy reduction goals for Federal buildings.
Sec. 432. Management of energy and water efficiency in Federal 
          buildings.
Sec. 433. Federal building energy efficiency performance standards.
Sec. 434. Management of Federal building efficiency.
Sec. 435. Leasing.
Sec. 436. High-performance green Federal buildings.
Sec. 437. Federal green building performance.
Sec. 438. Storm water runoff requirements for Federal development 
          projects.
Sec. 439. Cost-effective technology acceleration program.
Sec. 440. Authorization of appropriations.
Sec. 441. Public building life-cycle costs.

                Subtitle D--Industrial Energy Efficiency

Sec. 451. Industrial energy efficiency.
Sec. 452. Energy-intensive industries program.
Sec. 453. Energy efficiency for data center buildings.

              Subtitle E--Healthy High-Performance Schools

Sec. 461. Healthy high-performance schools.
Sec. 462. Study on indoor environmental quality in schools.

                   Subtitle F--Institutional Entities

Sec. 471. Energy sustainability and efficiency grants and loans for 
          institutions.

                 Subtitle G--Public and Assisted Housing

Sec. 481. Application of International Energy Conservation Code to 
          public and assisted housing.

                     Subtitle H--General Provisions

Sec. 491. Demonstration project.
Sec. 492. Research and development.
Sec. 493. Environmental Protection Agency demonstration grant program 
          for local governments.
Sec. 494. Green Building Advisory Committee.
Sec. 495. Advisory Committee on Energy Efficiency Finance.

      TITLE V--ENERGY SAVINGS IN GOVERNMENT AND PUBLIC INSTITUTIONS

                Subtitle A--United States Capitol Complex

Sec. 501. Capitol complex photovoltaic roof feasibility studies.
Sec. 502. Capitol complex E-85 refueling station.
Sec. 503. Energy and environmental measures in Capitol complex master 
          plan.
Sec. 504. Promoting maximum efficiency in operation of Capitol power 
          plant.
Sec. 505. Capitol power plant carbon dioxide emissions feasibility study 
          and demonstration projects.

           Subtitle B--Energy Savings Performance Contracting

Sec. 511. Authority to enter into contracts; reports.
Sec. 512. Financing flexibility.
Sec. 513. Promoting long-term energy savings performance contracts and 
          verifying savings.
Sec. 514. Permanent reauthorization.
Sec. 515. Definition of energy savings.
Sec. 516. Retention of savings.
Sec. 517. Training Federal contracting officers to negotiate energy 
          efficiency contracts.
Sec. 518. Study of energy and cost savings in nonbuilding applications.

            Subtitle C--Energy Efficiency in Federal Agencies

Sec. 521. Installation of photovoltaic system at Department of Energy 
          headquarters building.
Sec. 522. Prohibition on incandescent lamps by Coast Guard.
Sec. 523. Standard relating to solar hot water heaters.
Sec. 524. Federally-procured appliances with standby power.
Sec. 525. Federal procurement of energy efficient products.
Sec. 526. Procurement and acquisition of alternative fuels.
Sec. 527. Government efficiency status reports.
Sec. 528. OMB government efficiency reports and scorecards.
Sec. 529. Electricity sector demand response.

          Subtitle D--Energy Efficiency of Public Institutions

Sec. 531. Reauthorization of State energy programs.
Sec. 532. Utility energy efficiency programs.

       Subtitle E--Energy Efficiency and Conservation Block Grants

Sec. 541. Definitions.
Sec. 542. Energy Efficiency and Conservation Block Grant Program.
Sec. 543. Allocation of funds.
Sec. 544. Use of funds.
Sec. 545. Requirements for eligible entities.
Sec. 546. Competitive grants.
Sec. 547. Review and evaluation.
Sec. 548. Funding.

             TITLE VI--ACCELERATED RESEARCH AND DEVELOPMENT

                        Subtitle A--Solar Energy

Sec. 601. Short title.
Sec. 602. Thermal energy storage research and development program.
Sec. 603. Concentrating solar power commercial application studies.
Sec. 604. Solar energy curriculum development and certification grants.
Sec. 605. Daylighting systems and direct solar light pipe technology.
Sec. 606. Solar Air Conditioning Research and Development Program.
Sec. 607. Photovoltaic demonstration program.

                      Subtitle B--Geothermal Energy

Sec. 611. Short title.
Sec. 612. Definitions.
Sec. 613. Hydrothermal research and development.
Sec. 614. General geothermal systems research and development.
Sec. 615. Enhanced geothermal systems research and development.
Sec. 616. Geothermal energy production from oil and gas fields and 
          recovery and production of geopressured gas resources.
Sec. 617. Cost sharing and proposal evaluation.
Sec. 618. Center for geothermal technology transfer.
Sec. 619. GeoPowering America.
Sec. 620. Educational pilot program.
Sec. 621. Reports.
Sec. 622. Applicability of other laws.
Sec. 623. Authorization of appropriations.
Sec. 624. International geothermal energy development.
Sec. 625. High cost region geothermal energy grant program.

    Subtitle C--Marine and Hydrokinetic Renewable Energy Technologies

Sec. 631. Short title.
Sec. 632. Definition.
Sec. 633. Marine and hydrokinetic renewable energy research and 
          development.
Sec. 634. National Marine Renewable Energy Research, Development, and 
          Demonstration Centers.
Sec. 635. Applicability of other laws.
Sec. 636. Authorization of appropriations.

    Subtitle D--Energy Storage for Transportation and Electric Power

Sec. 641. Energy storage competitiveness.

                  Subtitle E--Miscellaneous Provisions

Sec. 651. Lightweight materials research and development.
Sec. 652. Commercial insulation demonstration program.
Sec. 653. Technical criteria for clean coal power Initiative.
Sec. 654. H-Prize.
Sec. 655. Bright Tomorrow Lighting Prizes.
Sec. 656. Renewable Energy innovation manufacturing partnership.

               TITLE VII--CARBON CAPTURE AND SEQUESTRATION

Subtitle A--Carbon Capture and Sequestration Research, Development, and 
                              Demonstration

Sec. 701. Short title.
Sec. 702. Carbon capture and sequestration research, development, and 
          demonstration program.
Sec. 703. Carbon capture.
Sec. 704. Review of large-scale programs.
Sec. 705. Geologic sequestration training and research.
Sec. 706. Relation to Safe Drinking Water Act.
Sec. 707. Safety research.
Sec. 708. University based research and development grant program.

  Subtitle B--Carbon Capture and Sequestration Assessment and Framework

Sec. 711. Carbon dioxide sequestration capacity assessment.
Sec. 712. Assessment of carbon sequestration and methane and nitrous 
          oxide emissions from ecosystems.
Sec. 713. Carbon dioxide sequestration inventory.
Sec. 714. Framework for geological carbon sequestration on public land.

            TITLE VIII--IMPROVED MANAGEMENT OF ENERGY POLICY

                   Subtitle A--Management Improvements

Sec. 801. National media campaign.
Sec. 802. Alaska Natural Gas Pipeline administration.
Sec. 803. Renewable energy deployment.
Sec. 804. Coordination of planned refinery outages.
Sec. 805. Assessment of resources.
Sec. 806. Sense of Congress relating to the use of renewable resources 
          to generate energy.
Sec. 807. Geothermal assessment, exploration information, and priority 
          activities.

  Subtitle B--Prohibitions on Market Manipulation and False Information

Sec. 811. Prohibition on market manipulation.
Sec. 812. Prohibition on false information.
Sec. 813. Enforcement by the Federal Trade Commission.
Sec. 814. Penalties.
Sec. 815. Effect on other laws.

                 TITLE IX--INTERNATIONAL ENERGY PROGRAMS

Sec. 901. Definitions.

      Subtitle A--Assistance to Promote Clean and Efficient Energy 
                    Technologies in Foreign Countries

Sec. 911. United States assistance for developing countries.
Sec. 912. United States exports and outreach programs for India, China, 
          and other countries.
Sec. 913. United States trade missions to encourage private sector trade 
          and investment.
Sec. 914. Actions by Overseas Private Investment Corporation.
Sec. 915. Actions by United States Trade and Development Agency.
Sec. 916. Deployment of international clean and efficient energy 
          technologies and investment in global energy markets.
Sec. 917. United States-Israel energy cooperation.

            Subtitle B--International Clean Energy Foundation

Sec. 921. Definitions.
Sec. 922. Establishment and management of Foundation.
Sec. 923. Duties of Foundation.
Sec. 924. Annual report.
Sec. 925. Powers of the Foundation; related provisions.
Sec. 926. General personnel authorities.
Sec. 927. Authorization of appropriations.

                  Subtitle C--Miscellaneous Provisions

Sec. 931. Energy diplomacy and security within the Department of State.
Sec. 932. National Security Council reorganization.
Sec. 933. Annual national energy security strategy report.
Sec. 934. Convention on Supplementary Compensation for Nuclear Damage 
          contingent cost allocation.
Sec. 935. Transparency in extractive industries resource payments.

                           TITLE X--GREEN JOBS

Sec. 1001. Short title.
Sec. 1002. Energy efficiency and renewable energy worker training 
          program.

           TITLE XI--ENERGY TRANSPORTATION AND INFRASTRUCTURE

                Subtitle A--Department of Transportation

Sec. 1101. Office of Climate Change and Environment.

                          Subtitle B--Railroads

Sec. 1111. Advanced technology locomotive grant pilot program.
Sec. 1112. Capital grants for class II and class III railroads.

                    Subtitle C--Marine Transportation

Sec. 1121. Short sea transportation initiative.
Sec. 1122. Short sea shipping eligibility for capital construction fund.
Sec. 1123. Short sea transportation report.

                          Subtitle D--Highways

Sec. 1131. Increased Federal share for CMAQ projects.
Sec. 1132. Distribution of rescissions.
Sec. 1133. Sense of Congress regarding use of complete streets design 
          techniques.

                TITLE XII--SMALL BUSINESS ENERGY PROGRAMS

Sec. 1201. Express loans for renewable energy and energy efficiency.
Sec. 1202. Pilot program for reduced 7(a) fees for purchase of energy 
          efficient technologies.
Sec. 1203. Small business energy efficiency.
Sec. 1204. Larger 504 loan limits to help business develop energy 
          efficient technologies and purchases.
Sec. 1205. Energy saving debentures.
Sec. 1206. Investments in energy saving small businesses.
Sec. 1207. Renewable fuel capital investment company.
Sec. 1208. Study and report.

                         TITLE XIII--SMART GRID

Sec. 1301. Statement of policy on modernization of electricity grid.
Sec. 1302. Smart grid system report.
Sec. 1303. Smart grid advisory committee and smart grid task force.
Sec. 1304. Smart grid technology research, development, and 
          demonstration.
Sec. 1305. Smart grid interoperability framework.
Sec. 1306. Federal matching fund for smart grid investment costs.
Sec. 1307. State consideration of smart grid.
Sec. 1308. Study of the effect of private wire laws on the development 
          of combined heat and power facilities.
Sec. 1309. DOE study of security attributes of smart grid systems.

                     TITLE XIV--POOL AND SPA SAFETY

Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Definitions.
Sec. 1404. Federal swimming pool and spa drain cover standard.
Sec. 1405. State swimming pool safety grant program.
Sec. 1406. Minimum State law requirements.
Sec. 1407. Education program.
Sec. 1408. CPSC report.

                      TITLE XV--REVENUE PROVISIONS

Sec. 1500. Amendment of 1986 Code.
Sec. 1501. Extension of additional 0.2 percent FUTA surtax.
Sec. 1502. 7-year amortization of geological and geophysical 
          expenditures for certain major integrated oil companies.

                        TITLE XVI--EFFECTIVE DATE

Sec. 1601. Effective date.

SEC. 2. DEFINITIONS.

    In this Act:
        (1) Department.--The term ``Department'' means the Department 
    of Energy.
        (2) Institution of higher education.--The term ``institution of 
    higher education'' has the meaning given the term in section 101(a) 
    of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
        (3) Secretary.--The term ``Secretary'' means the Secretary of 
    Energy.

SEC. 3. 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--ENERGY SECURITY THROUGH IMPROVED VEHICLE FUEL ECONOMY
     Subtitle A--Increased Corporate Average Fuel Economy Standards

SEC. 101. SHORT TITLE.

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

SEC. 102. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES AND CERTAIN 
              OTHER VEHICLES.

    (a) Increased Standards.--Section 32902 of title 49, United States 
Code, is amended--
        (1) in subsection (a)--
            (A) by striking ``Non-Passenger Automobiles.--'' 
        and inserting ``Prescription of Standards by Regulation.--'';
            (B) by striking ``(except passenger automobiles)'' in 
        subsection (a); and
            (C) by striking the last sentence;
        (2) 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 Secretary of Energy and the Administrator of 
    the Environmental Protection Agency, shall prescribe separate 
    average fuel economy standards for--
            ``(A) passenger automobiles manufactured by manufacturers 
        in each model year beginning with model year 2011 in accordance 
        with this subsection;
            ``(B) non-passenger automobiles manufactured by 
        manufacturers in each model year beginning with model year 2011 
        in accordance with this subsection; and
            ``(C) work trucks and commercial medium-duty or heavy-duty 
        on-highway vehicles in accordance with subsection (k).
        ``(2) Fuel economy standards for automobiles.--
            ``(A) Automobile fuel economy average for model years 2011 
        through 2020.--The Secretary shall prescribe a separate average 
        fuel economy standard for passenger automobiles and a separate 
        average fuel economy standard for non-passenger automobiles for 
        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 total fleet of passenger and non-
        passenger automobiles manufactured for sale in the United 
        States for that model year.
            ``(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 each fleet of passenger 
        and non-passenger automobiles manufactured for sale in the 
        United States shall be the maximum feasible average fuel 
        economy standard for each fleet for that model year.
            ``(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.
        ``(3) Authority of the secretary.--The Secretary shall--
            ``(A) prescribe by regulation separate average fuel economy 
        standards for passenger and non-passenger automobiles based on 
        1 or more vehicle attributes related to fuel economy and 
        express each standard in the form of a mathematical function; 
        and
            ``(B) issue regulations under this title prescribing 
        average fuel economy standards for at least 1, but not more 
        than 5, model years.
        ``(4) Minimum standard.--In addition to any standard prescribed 
    pursuant to paragraph (3), each manufacturer shall also meet the 
    minimum standard for domestically manufactured passenger 
    automobiles, which shall be the greater of--
            ``(A) 27.5 miles per gallon; or
            ``(B) 92 percent of the average fuel economy projected by 
        the Secretary for the combined domestic and non-domestic 
        passenger automobile fleets manufactured for sale in the United 
        States by all manufacturers in the model year, which projection 
        shall be published in the Federal Register when the standard 
        for that model year is promulgated in accordance with this 
        section.''; and
        (3) in subsection (c)--
            (A) by striking ``(1) Subject to paragraph (2) of this 
        subsection, the'' and inserting ``The''; and
            (B) by striking paragraph (2).
    (b) Fuel Economy Standard for Commercial Medium-Duty and Heavy-Duty 
On-Highway Vehicles and Work Trucks.--Section 32902 of title 49, United 
States Code, is amended by adding at the end the following:
    ``(k) Commercial Medium- and Heavy-Duty On-Highway Vehicles and 
Work Trucks.--
        ``(1) Study.--Not later than 1 year after the National Academy 
    of Sciences publishes the results of its study under section 108 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 work trucks and determine--
            ``(A) the appropriate test procedures and methodologies for 
        measuring the fuel efficiency of such vehicles and work trucks;
            ``(B) the appropriate metric for measuring and expressing 
        commercial medium- and heavy-duty on-highway vehicle and work 
        truck fuel efficiency performance, taking into consideration, 
        among other things, the work performed by such on-highway 
        vehicles and work trucks 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 
        affect commercial medium- and heavy-duty on-highway vehicle and 
        work truck 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 and work truck fuel efficiency.
        ``(2) Rulemaking.--Not later than 24 months after completion of 
    the study required under 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 proceeding how to implement a commercial medium- 
    and heavy-duty on-highway vehicle and work truck fuel efficiency 
    improvement program designed to achieve the maximum feasible 
    improvement, and shall adopt and implement 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 and work trucks. The Secretary may 
    prescribe separate standards for different classes of vehicles 
    under this subsection.
        ``(3) Lead-time; regulatory stability.--The commercial medium- 
    and heavy-duty on-highway vehicle and work truck fuel economy 
    standard adopted pursuant to this subsection shall provide not less 
    than--
            ``(A) 4 full model years of regulatory lead-time; and
            ``(B) 3 full model years of regulatory stability.''.

SEC. 103. 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 less than 10,000 pounds 
    gross vehicle weight, except--
            ``(A) a vehicle operated only on a rail line;
            ``(B) a vehicle manufactured in different stages by 2 or 
        more manufacturers, if no intermediate or final-stage 
        manufacturer of that vehicle manufactures more than 10,000 
        multi-stage vehicles per year; or
            ``(C) a work truck.'';
        (2) by redesignating paragraphs (7) through (16) as paragraphs 
    (8) through (17), respectively;
        (3) by inserting after paragraph (6) the following:
        ``(7) `commercial medium- and heavy-duty on-highway vehicle' 
    means an on-highway vehicle with a gross vehicle weight rating of 
    10,000 pounds or more.'';
        (4) in paragraph (9)(A), as redesignated, by inserting ``or a 
    mixture of biodiesel and diesel fuel meeting the standard 
    established by the American Society for Testing and Materials or 
    under section 211(u) of the Clean Air Act (42 U.S.C. 7545(u)) for 
    fuel containing 20 percent biodiesel (commonly known as `B20')'' 
    after ``alternative fuel'';
        (5) by redesignating paragraph (17), as redesignated, as 
    paragraph (18);
        (6) by inserting after paragraph (16), as redesignated, the 
    following:
        ``(17) `non-passenger automobile' means an automobile that is 
    not a passenger automobile or a work truck.''; and
        (7) by adding at the end the following:
        ``(19) `work truck' means a vehicle that--
            ``(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, as 
        in effect on the date of the enactment of the Ten-in-Ten Fuel 
        Economy Act).''.

SEC. 104. CREDIT TRADING PROGRAM.

    (a) In General.--Section 32903 of title 49, United States Code, is 
amended--
        (1) by striking ``section 32902(b)-(d) of this title'' each 
    place it appears and inserting ``subsections (a) through (d) of 
    section 32902'';
        (2) in subsection (a)(2)--
            (A) by striking ``3 consecutive model years'' and inserting 
        ``5 consecutive model years'';
            (B) by striking ``clause (1) of this subsection,'' and 
        inserting ``paragraph (1)'';
        (3) by redesignating subsection (f) as subsection (h); and
        (4) by inserting after subsection (e) the following:
    ``(f) Credit Trading Among Manufacturers.--
        ``(1) In general.--The Secretary of Transportation may 
    establish, by regulation, a 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 trading credits to manufacturers that fail to 
    achieve the prescribed standards.
        ``(2) Limitation.--The trading of credits by a manufacturer to 
    the category of passenger automobiles manufactured domestically is 
    limited to the extent that the fuel economy level of such 
    automobiles shall comply with the requirements of section 
    32902(b)(4), without regard to any trading of credits from other 
    manufacturers.
    ``(g) Credit Transferring Within a Manufacturer's Fleet.--
        ``(1) In general.--The Secretary of Transportation shall 
    establish by regulation a fuel economy credit transferring program 
    to allow any manufacturer whose automobiles exceed any of the 
    average fuel economy standards prescribed under section 32902 to 
    transfer the credits earned under this section and to apply such 
    credits within that manufacturer's fleet to a compliance category 
    of automobiles that fails to achieve the prescribed standards.
        ``(2) Years for which used.--Credits transferred under this 
    subsection are available to be used in the same model years that 
    the manufacturer could have applied such credits under subsections 
    (a), (b), (d), and (e), as well as for the model year in which the 
    manufacturer earned such credits.
        ``(3) Maximum increase.--The maximum increase in any compliance 
    category attributable to transferred credits is--
            ``(A) for model years 2011 through 2013, 1.0 mile per 
        gallon;
            ``(B) for model years 2014 through 2017, 1.5 miles per 
        gallon; and
            ``(C) for model year 2018 and subsequent model years, 2.0 
        miles per gallon.
        ``(4) Limitation.--The transfer of credits by a manufacturer to 
    the category of passenger automobiles manufactured domestically is 
    limited to the extent that the fuel economy level of such 
    automobiles shall comply with the requirements under section 
    32904(b)(4), without regard to any transfer of credits from other 
    categories of automobiles described in paragraph (6)(B).
        ``(5) Years available.--A credit may be transferred under this 
    subsection only if it is earned after model year 2010.
        ``(6) Definitions.--In this subsection:
            ``(A) Fleet.--The term `fleet' means all automobiles 
        manufactured by a manufacturer in a particular model year.
            ``(B) Compliance category of automobiles.--The term 
        `compliance category of automobiles' means any of the following 
        3 categories of automobiles for which compliance is separately 
        calculated under this chapter:
                ``(i) Passenger automobiles manufactured domestically.
                ``(ii) Passenger automobiles not manufactured 
            domestically.
                ``(iii) Non-passenger automobiles.''.
    (b) Conforming Amendments.--
        (1) Limitations.--Section 32902(h) of title 49, United States 
    Code, is amended--
            (A) in paragraph (1), by striking ``and'' at the end;
            (B) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (C) by adding at the end the following:
        ``(3) may not consider, when prescribing a fuel economy 
    standard, the trading, transferring, or availability of credits 
    under section 32903.''.
        (2) Separate calculations.--Section 32904(b)(1)(B) is amended 
    by striking ``chapter.'' and inserting ``chapter, except for the 
    purposes of section 32903.''.

SEC. 105. CONSUMER INFORMATION.

    Section 32908 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(g) Consumer Information.--
        ``(1) Program.--The Secretary of Transportation, in 
    consultation with the Secretary of Energy and the Administrator of 
    the Environmental Protection Agency, shall develop and implement by 
    rule a program to require manufacturers--
            ``(A) to label new automobiles sold in the United States 
        with--
                ``(i) information reflecting an automobile's 
            performance on the basis of criteria that the Administrator 
            shall develop, not later than 18 months after the date of 
            the enactment of the Ten-in-Ten Fuel Economy Act, to 
            reflect fuel economy and greenhouse gas and other emissions 
            over the useful life of the automobile;
                ``(ii) a rating system that would make it easy for 
            consumers to compare the fuel economy and greenhouse gas 
            and other emissions of automobiles at the point of 
            purchase, including a designation of automobiles--

                    ``(I) with the lowest greenhouse gas emissions over 
                the useful life of the vehicles; and
                    ``(II) the highest fuel economy; and

                ``(iii) a permanent and prominent display that an 
            automobile is capable of operating on an alternative fuel; 
            and
            ``(B) to include in the owner's manual for vehicles capable 
        of operating on alternative fuels information that describes 
        that capability and the benefits of using alternative fuels, 
        including the renewable nature and environmental benefits of 
        using alternative fuels.
        ``(2) Consumer education.--
            ``(A) In general.--The Secretary of Transportation, in 
        consultation with the Secretary of Energy and the Administrator 
        of the Environmental Protection Agency, shall develop and 
        implement by rule a consumer education program to improve 
        consumer understanding of automobile performance described in 
        paragraph (1)(A)(i) and to inform consumers of the benefits of 
        using alternative fuel in automobiles and the location of 
        stations with alternative fuel capacity.
            ``(B) Fuel savings education campaign.--The Secretary of 
        Transportation shall establish a consumer education campaign on 
        the fuel savings that would be recognized from the purchase of 
        vehicles equipped with thermal management technologies, 
        including energy efficient air conditioning systems and glass.
        ``(3) Fuel tank labels for alternative fuel automobiles.--The 
    Secretary of Transportation shall by rule require a label to be 
    attached to the fuel compartment of vehicles capable of operating 
    on alternative fuels, with the form of alternative fuel stated on 
    the label. A label attached in compliance with the requirements of 
    section 32905(h) is deemed to meet the requirements of this 
    paragraph.
        ``(4) Rulemaking deadline.--The Secretary of Transportation 
    shall issue a final rule under this subsection not later than 42 
    months after the date of the enactment of the Ten-in-Ten Fuel 
    Economy Act.''.

SEC. 106. CONTINUED APPLICABILITY OF EXISTING STANDARDS.

    Nothing in this subtitle, or the amendments made by this subtitle, 
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. 107. 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 subtitle.
    (b) Report.--The Academy shall submit the report to the Secretary, 
the Committee on Commerce, Science, and Transportation of the Senate, 
and the Committee on Energy and Commerce of the House of 
Representatives, with its findings and recommendations not later than 5 
years after the date on which the Secretary executes the agreement with 
the Academy.
    (c) Quinquennial Updates.--After submitting the initial report, the 
Academy shall update the report at 5 year intervals thereafter through 
2025.

SEC. 108. NATIONAL ACADEMY OF SCIENCES STUDY OF MEDIUM-DUTY AND HEAVY-
              DUTY TRUCK FUEL ECONOMY.

    (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 
medium-duty and heavy-duty truck fuel economy standards, including--
        (1) an assessment of technologies and costs to evaluate fuel 
    economy for medium-duty and heavy-duty trucks;
        (2) an analysis of existing and potential technologies that may 
    be used practically to improve medium-duty and heavy-duty truck 
    fuel economy;
        (3) an analysis of how such technologies may be practically 
    integrated into the medium-duty and heavy-duty truck manufacturing 
    process;
        (4) an assessment of how such technologies may be used to meet 
    fuel economy standards to be prescribed under section 32902(k) of 
    title 49, United States Code, as amended by this subtitle; and
        (5) associated costs and other impacts on the operation of 
    medium-duty and heavy-duty trucks, including congestion.
    (b) Report.--The Academy shall submit the report to the Secretary, 
the Committee on Commerce, Science, and Transportation of the Senate, 
and the Committee on Energy and Commerce of the House of 
Representatives, with its findings and recommendations not later than 1 
year after the date on which the Secretary executes the agreement with 
the Academy.

SEC. 109. EXTENSION OF FLEXIBLE FUEL VEHICLE CREDIT PROGRAM.

    (a) In General.--Section 32906 of title 49, United States Code, is 
amended to read as follows:

``Sec. 32906. Maximum fuel economy increase for alternative fuel 
            automobiles

    ``(a) In General.--For each of model years 1993 through 2019 for 
each category of automobile (except an electric automobile), the 
maximum increase in average fuel economy for a manufacturer 
attributable to dual fueled automobiles is--
        ``(1) 1.2 miles a gallon for each of model years 1993 through 
    2014;
        ``(2) 1.0 miles per gallon for model year 2015;
        ``(3) 0.8 miles per gallon for model year 2016;
        ``(4) 0.6 miles per gallon for model year 2017;
        ``(5) 0.4 miles per gallon for model year 2018;
        ``(6) 0.2 miles per gallon for model year 2019; and
        ``(7) 0 miles per gallon for model years after 2019.
    ``(b) Calculation.--In applying subsection (a), the Administrator 
of the Environmental Protection Agency shall determine the increase in 
a manufacturer's average fuel economy attributable to dual fueled 
automobiles by subtracting from the manufacturer's average fuel economy 
calculated under section 32905(e) the number equal to what the 
manufacturer's average fuel economy would be if it were calculated by 
the formula under section 32904(a)(1) by including as the denominator 
for each model of dual fueled automobiles the fuel economy when the 
automobiles are operated on gasoline or diesel fuel.''.
    (b) Conforming Amendments.--Section 32905 of title 49, United 
States Code, is amended--
        (1) in subsection (b), by striking ``1993-2010,'' and inserting 
    ``1993 through 2019,'';
        (2) in subsection (d), by striking ``1993-2010,'' and inserting 
    ``1993 through 2019,'';
        (3) by striking subsections (f) and (g); and
        (4) by redesignating subsection (h) as subsection (f).
    (c) B20 Biodiesel Flexible Fuel Credit.--Section 32905(b)(2) of 
title 49, United States Code, is amended to read as follows:
        ``(2) .5 divided by the fuel economy--
            ``(A) measured under subsection (a) when operating the 
        model on alternative fuel; or
            ``(B) measured based on the fuel content of B20 when 
        operating the model on B20, which is deemed to contain 0.15 
        gallon of fuel.''.

SEC. 110. 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 CFR 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 Committee on Commerce, Science, and 
    Transportation of the Senate and the Committee on Energy and 
    Commerce of the House of Representatives that describes the results 
    of the reevaluation process.

SEC. 111. CONSUMER TIRE INFORMATION.

    (a) In General.--Chapter 323 of title 49, United States Code, is 
amended by inserting after section 32304 the following:

``Sec. 32304A. Consumer tire information

    ``(a) Rulemaking.--
        ``(1) In general.--Not later than 24 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 replacement tires designed for use 
    on motor vehicles to educate consumers about the effect of tires on 
    automobile fuel efficiency, safety, and durability.
        ``(2) Items included in rule.--The rulemaking shall include--
            ``(A) a national tire fuel efficiency rating system for 
        motor vehicle replacement 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, safety, and durability of replacement tires.
        ``(3) Applicability.--This section shall apply only to 
    replacement tires covered under section 575.104(c) of title 49, 
    Code of Federal Regulations, in effect on the date of the 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) Application With State and Local Laws and Regulations.--
Nothing in this section prohibits a State or political subdivision 
thereof from enforcing a law or regulation on tire fuel efficiency 
consumer information that was in effect on January 1, 2006. After a 
requirement promulgated under this section is in effect, a State or 
political subdivision thereof may adopt or enforce a law or regulation 
on tire fuel efficiency consumer information enacted or promulgated 
after January 1, 2006, if the requirements of that law or regulation 
are identical to the requirement promulgated under this section. 
Nothing in this section shall be construed to preempt a State or 
political subdivision thereof from regulating the fuel efficiency of 
tires (including establishing testing methods for determining 
compliance with such standards) not otherwise preempted under this 
chapter.''.
    (b) Enforcement.--Section 32308 of title 49, United States Code, is 
amended--
        (1) by redesignating subsections (c) and (d) as subsections (d) 
    and (e), respectively; and
        (2) by inserting after subsection (b) the following:
    ``(c) Section 32304A.--Any person who fails to comply with the 
national tire fuel efficiency information program under section 32304A 
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 323 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 32304 the following:

``32304A. Consumer tire information''.

SEC. 112. USE OF CIVIL PENALTIES FOR RESEARCH AND DEVELOPMENT.

    Section 32912 of title 49, United States Code, is amended by adding 
at the end 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 support rulemaking under this chapter; and
        ``(2) 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 to make grants to manufacturers 
    for retooling, reequipping, or expanding existing manufacturing 
    facilities in the United States to produce advanced technology 
    vehicles and components.''.

SEC. 113. EXEMPTION FROM SEPARATE CALCULATION REQUIREMENT.

    (a) Repeal.--Paragraphs (6), (7), and (8) of section 32904(b) of 
title 49, United States Code, are repealed.
    (b) Effect of Repeal on Existing Exemptions.--Any exemption granted 
under section 32904(b)(6) of title 49, United States Code, prior to the 
date of the enactment of this Act shall remain in effect subject to its 
terms through model year 2013.
    (c) Accrual and Use of Credits.--Any manufacturer holding an 
exemption under section 32904(b)(6) of title 49, United States Code, 
prior to the date of the enactment of this Act may accrue and use 
credits under sections 32903 and 32905 of such title beginning with 
model year 2011.

                Subtitle B--Improved Vehicle Technology

SEC. 131. TRANSPORTATION ELECTRIFICATION.

    (a) Definitions.--In this section:
        (1) Administrator.--The term ``Administrator'' means the 
    Administrator of the Environmental Protection Agency.
        (2) Battery.--The term ``battery'' means an electrochemical 
    energy storage system powered directly by electrical current.
        (3) Electric transportation technology.--The term ``electric 
    transportation technology'' means--
            (A) 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
            (B) 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.
        (4) Nonroad vehicle.--The term ``nonroad vehicle'' means a 
    vehicle--
            (A) powered--
                (i) by 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
            (B) that is not a motor vehicle or a vehicle used solely 
        for competition.
        (5) Plug-in electric drive vehicle.--The term ``plug-in 
    electric drive vehicle'' means a vehicle that--
            (A) draws motive power from a battery with a capacity of at 
        least 4 kilowatt-hours;
            (B) can be recharged from an external source of electricity 
        for motive power; and
            (C) is a light-, medium-, or heavy-duty motor vehicle or 
        nonroad vehicle (as those terms are defined in section 216 of 
        the Clean Air Act (42 U.S.C. 7550)).
        (6) Qualified electric transportation project.--The term 
    ``qualified electric transportation project'' means an electric 
    transportation technology project that would significantly reduce 
    emissions of criteria pollutants, greenhouse gas emissions, and 
    petroleum, including--
            (A) shipside or shoreside electrification for vessels;
            (B) truck-stop electrification;
            (C) electric truck refrigeration units;
            (D) battery-powered auxiliary power units for trucks;
            (E) electric airport ground support equipment;
            (F) electric material and cargo handling equipment;
            (G) electric or dual-mode electric rail;
            (H) any distribution upgrades needed to supply electricity 
        to the project; and
            (I) any ancillary infrastructure, including panel upgrades, 
        battery chargers, in-situ transformers, and trenching.
    (b) Plug-in Electric Drive Vehicle Program.--
        (1) Establishment.--The Secretary shall establish a competitive 
    program to provide grants on a cost-shared basis to State 
    governments, local governments, metropolitan transportation 
    authorities, air pollution control districts, private or nonprofit 
    entities, or combinations of those governments, authorities, 
    districts, and entities, to carry out one or more projects to 
    encourage the use of plug-in electric drive vehicles or other 
    emerging electric vehicle technologies, as determined by the 
    Secretary.
        (2) Administration.--The Secretary shall, in consultation with 
    the Secretary of Transportation and the Administrator, establish 
    requirements for applications for grants under this section, 
    including reporting of data to be summarized for dissemination to 
    grantees and the public, including safety, vehicle, and component 
    performance, and vehicle and component life cycle costs.
        (3) Priority.--In making awards under this subsection, the 
    Secretary shall--
            (A) give priority consideration to applications that--
                (i) encourage early widespread use of vehicles 
            described in paragraph (1); and
                (ii) are likely to make a significant contribution to 
            the advancement of the production of the vehicles in the 
            United States; and
            (B) ensure, to the maximum extent practicable, that the 
        program established under this subsection includes a variety of 
        applications, manufacturers, and end-uses.
        (4) Reporting.--The Secretary shall require a grant recipient 
    under this subsection to submit to the Secretary, on an annual 
    basis, data relating to safety, vehicle performance, life cycle 
    costs, and emissions of vehicles demonstrated under the grant, 
    including emissions of greenhouse gases.
        (5) 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.
        (6) Authorization of appropriations.--There is authorized to be 
    appropriated to carry out this subsection $90,000,000 for each of 
    fiscal years 2008 through 2012, of which not less than \1/3\ of the 
    total amount appropriated shall be available each fiscal year to 
    make grants to local and municipal governments.
    (c) Near-Term Transportation Sector Electrification Program.--
        (1) In general.--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, shall establish 
    a program to provide grants for the conduct of qualified electric 
    transportation projects.
        (2) Priority.--In providing grants under this subsection, the 
    Secretary shall give priority to large-scale projects and large-
    scale aggregators of projects.
        (3) 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.
        (4) Authorization of appropriations.--There is authorized to be 
    appropriated to carry out this subsection $95,000,000 for each of 
    fiscal years 2008 through 2013.
    (d) Education Program.--
        (1) In general.--The Secretary shall develop a nationwide 
    electric drive transportation technology education program under 
    which the Secretary shall provide--
            (A) teaching materials to secondary schools and high 
        schools; and
            (B) assistance for programs relating to electric drive 
        system and component engineering to institutions of higher 
        education.
        (2) Electric vehicle competition.--The program established 
    under paragraph (1) 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''.
        (3) Engineers.--In carrying out the program established under 
    paragraph (1), 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--
            (A) plug-in electric drive vehicles; and
            (B) other forms of electric drive transportation technology 
        vehicles.
        (4) Authorization of appropriations.--There are authorized to 
    be appropriated such sums as may be necessary to carry out this 
    subsection.

SEC. 132. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.

    Section 712 of the Energy Policy Act of 2005 (42 U.S.C. 16062) is 
amended to read as follows:

``SEC. 712. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.

    ``(a) Program.--
        ``(1) In general.--The Secretary shall establish a program to 
    encourage domestic production and sales of efficient hybrid and 
    advanced diesel vehicles and components of those vehicles.
        ``(2) Inclusions.--The program shall include grants to 
    automobile manufacturers and suppliers and hybrid component 
    manufacturers to encourage domestic production of efficient hybrid, 
    plug-in electric hybrid, plug-in electric drive, and advanced 
    diesel vehicles.
        ``(3) Priority.--Priority shall be given to the refurbishment 
    or retooling of manufacturing facilities that have recently ceased 
    operation or will cease operation in the near future.
    ``(b) Coordination With State and Local Programs.--The Secretary 
may coordinate implementation of this section with State and local 
programs designed to accomplish similar goals, including the retention 
and retraining of skilled workers from the manufacturing facilities, 
including by establishing matching grant arrangements.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary to carry 
out this section.''.

SEC. 133. 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 non-road 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 electric drive vehicle.--The term `plug-in 
    electric drive vehicle' means a vehicle that--
            ``(A) draws motive power from a battery with a capacity of 
        at least 4 kilowatt-hours;
            ``(B) can be recharged from an external source of 
        electricity for motive power; and
            ``(C) is a light-, medium-, or heavy duty motor vehicle or 
        nonroad vehicle (as those terms are defined in section 216 of 
        the Clean Air Act (42 U.S.C. 7550)).'';
        (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 electric drive 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:
    ``(f) 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. 134. LOAN GUARANTEES FOR FUEL-EFFICIENT AUTOMOBILE PARTS 
              MANUFACTURERS.

    (a) In General.--Section 712(a)(2) of the Energy Policy Act of 2005 
(42 U.S.C. 16062(a)(2)) (as amended by section 132) is amended by 
inserting ``and loan guarantees under section 1703'' after ``grants''.
    (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. 135. ADVANCED BATTERY LOAN GUARANTEE PROGRAM.

    (a) Establishment of Program.--The Secretary shall establish a 
program to provide guarantees of loans by private institutions for the 
construction of facilities for the manufacture of advanced vehicle 
batteries and battery systems that are developed and produced in the 
United States, including advanced lithium ion batteries and hybrid 
electrical system and component manufacturers and software designers.
    (b) Requirements.--The Secretary may provide a loan guarantee under 
subsection (a) to an applicant if--
        (1) without a loan guarantee, credit is not available to the 
    applicant under reasonable terms or conditions sufficient to 
    finance the construction of a facility described in subsection (a);
        (2) the prospective earning power of the applicant and the 
    character and value of the security pledged provide a reasonable 
    assurance of repayment of the loan to be guaranteed in accordance 
    with the terms of the loan; and
        (3) the loan bears interest at a rate determined by the 
    Secretary to be reasonable, taking into account the current average 
    yield on outstanding obligations of the United States with 
    remaining periods of maturity comparable to the maturity of the 
    loan.
    (c) Criteria.--In selecting recipients of loan guarantees from 
among applicants, the Secretary shall give preference to proposals 
that--
        (1) meet all applicable Federal and State permitting 
    requirements;
        (2) are most likely to be successful; and
        (3) are located in local markets that have the greatest need 
    for the facility.
    (d) Maturity.--A loan guaranteed under subsection (a) shall have a 
maturity of not more than 20 years.
    (e) Terms and Conditions.--The loan agreement for a loan guaranteed 
under subsection (a) shall provide that no provision of the loan 
agreement may be amended or waived without the consent of the 
Secretary.
    (f) Assurance of Repayment.--The Secretary shall require that an 
applicant for a loan guarantee under subsection (a) provide an 
assurance of repayment in the form of a performance bond, insurance, 
collateral, or other means acceptable to the Secretary in an amount 
equal to not less than 20 percent of the amount of the loan.
    (g) Guarantee Fee.--The recipient of a loan guarantee under 
subsection (a) shall pay the Secretary an amount determined by the 
Secretary to be sufficient to cover the administrative costs of the 
Secretary relating to the loan guarantee.
    (h) Full Faith and Credit.--The full faith and credit of the United 
States is pledged to the payment of all guarantees made under this 
section. Any such guarantee made by the Secretary shall be conclusive 
evidence of the eligibility of the loan for the guarantee with respect 
to principal and interest. The validity of the guarantee shall be 
incontestable in the hands of a holder of the guaranteed loan.
    (i) Reports.--Until each guaranteed loan under this section has 
been repaid in full, the Secretary shall annually submit to Congress a 
report on the activities of the Secretary under this section.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.
    (k) Termination of Authority.--The authority of the Secretary to 
issue a loan guarantee under subsection (a) terminates on the date that 
is 10 years after the date of enactment of this Act.

SEC. 136. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM.

    (a) Definitions.--In this section:
        (1) 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 in effect 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 for vehicles with substantially similar 
        attributes.
        (2) Combined fuel economy.--The term ``combined fuel economy'' 
    means--
            (A) the combined city/highway miles per gallon values, as 
        reported in accordance with section 32904 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.
        (3) 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 tooling and equipment and developing 
        manufacturing processes and material suppliers for production 
        facilities that produce qualifying components or advanced 
        technology vehicles.
        (4) Qualifying components.--The term ``qualifying components'' 
    means components that the Secretary determines to be--
            (A) 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, 2020; and
        (2) engineering integration costs incurred during the period 
    beginning on the date of enactment of this Act and ending on 
    December 30, 2020.
    (d) Direct Loan Program.--
        (1) In general.--Not later than 1 year after the date of 
    enactment of this Act, and subject to the availability of 
    appropriated funds, the Secretary shall carry out a program to 
    provide a total of not more than $25,000,000,000 in loans to 
    eligible individuals and entities (as determined by the Secretary) 
    for the costs of activities described in subsection (b).
        (2) Application.--An applicant for a loan under this subsection 
    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 loan 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.
        (3) Selection of eligible projects.--The Secretary shall select 
    eligible projects to receive loans under this subsection in cases 
    in which, as determined by the Secretary, the award recipient--
            (A) is financially viable without the receipt of additional 
        Federal funding associated with the proposed project;
            (B) will provide sufficient information to the Secretary 
        for the Secretary to ensure that the qualified investment is 
        expended efficiently and effectively; and
            (C) has met such other criteria as may be established and 
        published by the Secretary.
        (4) Rates, terms, and repayment of loans.--A loan provided 
    under this subsection--
            (A) shall have an interest rate that, as of the date on 
        which the loan is made, is equal to the cost of funds to the 
        Department of the Treasury for obligations of comparable 
        maturity;
            (B) shall have a term equal to the lesser of--
                (i) the projected life, in years, of the eligible 
            project to be carried out using funds from the loan, as 
            determined by the Secretary; and
                (ii) 25 years;
            (C) may be subject to a deferral in repayment for not more 
        than 5 years after the date on which the eligible project 
        carried out using funds from the loan first begins operations, 
        as determined by the Secretary; and
            (D) shall be made by the Federal Financing Bank.
    (e) Improvement.--The Secretary shall issue regulations that 
require that, in order for an automobile manufacturer to be eligible 
for an award or loan 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. In order to determine fuel economy baselines for eligibility of a 
new manufacturer or a manufacturer that has not produced previously 
produced equivalent vehicles, the Secretary may substitute industry 
averages.
    (f) Fees.--Administrative costs shall be no more than $100,000 or 
10 basis point of the loan.
    (g) Priority.--The Secretary shall, in making awards or loans to 
those manufacturers that have existing facilities, give priority to 
those facilities that are oldest or have been in existence for at least 
20 years. Such facilities can currently be sitting idle.
    (h) 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 subsection (b), the Secretary 
    shall use not less than 10 percent to provide awards to covered 
    firms or consortia led by a covered firm.
    (i) 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.

                   Subtitle C--Federal Vehicle Fleets

SEC. 141. FEDERAL VEHICLE FLEETS.

    Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 13212) is 
amended--
        (1) by redesignating subsection (f) as subsection (g); and
        (2) by inserting after subsection (e) the following new 
    subsection:
    ``(f) Vehicle Emission Requirements.--
        ``(1) Definitions.--In this subsection:
            ``(A) Federal agency.--The term `Federal agency' does not 
        include any office of the legislative branch, except that it 
        does include the House of Representatives with respect to an 
        acquisition described in paragraph (2)(C).
            ``(B) Medium duty passenger vehicle.--The term `medium duty 
        passenger vehicle' has the meaning given that term section 
        523.2 of title 49 of the Code of Federal Regulations, as in 
        effect on the date of enactment of this paragraph.
            ``(C) Member's representational allowance.--The term 
        `Member's Representational Allowance' means the allowance 
        described in section 101(a) of the House of Representatives 
        Administrative Reform Technical Corrections Act (2 U.S.C. 
        57b(a)).
        ``(2) Prohibition.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        no Federal agency shall acquire a light duty motor vehicle or 
        medium duty passenger vehicle that is not a low greenhouse gas 
        emitting vehicle.
            ``(B) Exception.--The prohibition in subparagraph (A) shall 
        not apply to acquisition of a vehicle if the head of the agency 
        certifies in writing, in a separate certification for each 
        individual vehicle purchased, either--
                ``(i) that no low greenhouse gas emitting vehicle is 
            available to meet the functional needs of the agency and 
            details in writing the functional needs that could not be 
            met with a low greenhouse gas emitting vehicle; or
                ``(ii) that the agency has taken specific alternative 
            more cost-effective measures to reduce petroleum 
            consumption that--

                    ``(I) have reduced a measured and verified quantity 
                of greenhouse gas emissions equal to or greater than 
                the quantity of greenhouse gas reductions that would 
                have been achieved through acquisition of a low 
                greenhouse gas emitting vehicle over the lifetime of 
                the vehicle; or
                    ``(II) will reduce each year a measured and 
                verified quantity of greenhouse gas emissions equal to 
                or greater than the quantity of greenhouse gas 
                reductions that would have been achieved each year 
                through acquisition of a low greenhouse gas emitting 
                vehicle.

            ``(C) Special rule for vehicles provided by funds contained 
        in members' representational allowance.--This paragraph shall 
        apply to the acquisition of a light duty motor vehicle or 
        medium duty passenger vehicle using any portion of a Member's 
        Representational Allowance, including an acquisition under a 
        long-term lease.
        ``(3) Guidance.--
            ``(A) In general.--Each year, the Administrator of the 
        Environmental Protection Agency shall issue guidance 
        identifying the makes and model numbers of vehicles that are 
        low greenhouse gas emitting vehicles.
            ``(B) Consideration.--In identifying vehicles under 
        subparagraph (A), the Administrator shall take into account the 
        most stringent standards for vehicle greenhouse gas emissions 
        applicable to and enforceable against motor vehicle 
        manufacturers for vehicles sold anywhere in the United States.
            ``(C) Requirement.--The Administrator shall not identify 
        any vehicle as a low greenhouse gas emitting vehicle if the 
        vehicle emits greenhouse gases at a higher rate than such 
        standards allow for the manufacturer's fleet average grams per 
        mile of carbon dioxide-equivalent emissions for that class of 
        vehicle, taking into account any emissions allowances and 
        adjustment factors such standards provide.''.

SEC. 142. FEDERAL FLEET CONSERVATION REQUIREMENTS.

    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.--Not later than 18 months after the date of 
    enactment of this section, the Secretary shall issue regulations 
    for Federal fleets subject to section 400AA to require that, 
    beginning in fiscal year 2010, each Federal agency shall reduce 
    petroleum consumption and increase alternative fuel consumption 
    each year by an amount necessary to meet the goals described in 
    paragraph (2).
        ``(2) Goals.--The goals of the requirements under paragraph (1) 
    are that not later than October 1, 2015, and for each year 
    thereafter, each Federal agency shall achieve at least a 20 percent 
    reduction in annual petroleum consumption and a 10 percent increase 
    in annual alternative fuel consumption, as calculated from the 
    baseline established by the Secretary for fiscal year 2005.
        ``(3) Milestones.--The Secretary shall include in the 
    regulations described in paragraph (1)--
            ``(A) interim numeric milestones to assess annual agency 
        progress towards accomplishing the goals described in that 
        paragraph; and
            ``(B) a requirement that agencies annually report on 
        progress towards meeting each of the milestones and the 2015 
        goals.
    ``(b) Plan.--
        ``(1) Requirement.--
            ``(A) In general.--The regulations under subsection (a) 
        shall require each Federal agency to develop a plan, and 
        implement the measures specified in the plan by dates specified 
        in the plan, to meet the required petroleum reduction levels 
        and the alternative fuel consumption increases, including the 
        milestones specified by the Secretary.
            ``(B) Inclusions.--The plan shall--
                ``(i) identify the specific measures the agency will 
            use to meet the requirements of subsection (a)(2); and
                ``(ii) quantify the reductions in petroleum consumption 
            or increases in alternative fuel consumption projected to 
            be achieved by each measure each year.
        ``(2) Measures.--The plan may allow an agency to meet the 
    required petroleum reduction level through--
            ``(A) the use of alternative fuels;
            ``(B) 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;
            ``(C) the substitution of cars for light trucks;
            ``(D) an increase in vehicle load factors;
            ``(E) a decrease in vehicle miles traveled;
            ``(F) a decrease in fleet size; and
            ``(G) other measures.''.

   TITLE II--ENERGY SECURITY THROUGH INCREASED PRODUCTION OF BIOFUELS
                  Subtitle A--Renewable Fuel Standard

SEC. 201. DEFINITIONS.

    Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)) is 
amended to read as follows:
        ``(1) Definitions.--In this section:
            ``(A) Additional renewable fuel.--The term `additional 
        renewable fuel' means fuel that is produced from renewable 
        biomass and that is used to replace or reduce the quantity of 
        fossil fuel present in home heating oil or jet fuel.
            ``(B) Advanced biofuel.--
                ``(i) In general.--The term `advanced biofuel' means 
            renewable fuel, other than ethanol derived from corn 
            starch, that has lifecycle greenhouse gas emissions, as 
            determined by the Administrator, after notice and 
            opportunity for comment, that are at least 50 percent less 
            than baseline lifecycle greenhouse gas emissions.
                ``(ii) Inclusions.--The types of fuels eligible for 
            consideration as `advanced biofuel' may include any of the 
            following:

                    ``(I) Ethanol derived from cellulose, 
                hemicellulose, or lignin.
                    ``(II) Ethanol derived from sugar or starch (other 
                than corn starch).
                    ``(III) Ethanol derived from waste material, 
                including crop residue, other vegetative waste 
                material, animal waste, and food waste and yard waste.
                    ``(IV) Biomass-based diesel.
                    ``(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.
                    ``(VII) Other fuel derived from cellulosic biomass.

            ``(C) Baseline lifecycle greenhouse gas emissions.--The 
        term `baseline lifecycle greenhouse gas emissions' means the 
        average lifecycle greenhouse gas emissions, as determined by 
        the Administrator, after notice and opportunity for comment, 
        for gasoline or diesel (whichever is being replaced by the 
        renewable fuel) sold or distributed as transportation fuel in 
        2005.
            ``(D) Biomass-based diesel.--The term `biomass-based 
        diesel' means renewable fuel that is biodiesel as defined in 
        section 312(f) of the Energy Policy Act of 1992 (42 U.S.C. 
        13220(f)) and that has lifecycle greenhouse gas emissions, as 
        determined by the Administrator, after notice and opportunity 
        for comment, that are at least 50 percent less than the 
        baseline lifecycle greenhouse gas emissions. Notwithstanding 
        the preceding sentence, renewable fuel derived from co-
        processing biomass with a petroleum feedstock shall be advanced 
        biofuel if it meets the requirements of subparagraph (B), but 
        is not biomass-based diesel.
            ``(E) Cellulosic biofuel.--The term `cellulosic biofuel' 
        means renewable fuel derived from any cellulose, hemicellulose, 
        or lignin that is derived from renewable biomass and that has 
        lifecycle greenhouse gas emissions, as determined by the 
        Administrator, that are at least 60 percent less than the 
        baseline lifecycle greenhouse gas emissions.
            ``(F) Conventional biofuel.--The term `conventional 
        biofuel' means renewable fuel that is ethanol derived from corn 
        starch.
            ``(G) Greenhouse gas.--The term `greenhouse gas' means 
        carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, 
        perfluorocarbons, sulfur hexafluoride. The Administrator may 
        include any other anthropogenically-emitted gas that is 
        determined by the Administrator, after notice and comment, to 
        contribute to global warming.
            ``(H) Lifecycle greenhouse gas emissions.--The term 
        `lifecycle greenhouse gas emissions' means the aggregate 
        quantity of greenhouse gas emissions (including direct 
        emissions and significant indirect emissions such as 
        significant emissions from land use changes), as determined by 
        the Administrator, related to the full fuel lifecycle, 
        including all stages of fuel and feedstock production and 
        distribution, from feedstock generation or extraction through 
        the distribution and delivery and use of the finished fuel to 
        the ultimate consumer, where the mass values for all greenhouse 
        gases are adjusted to account for their relative global warming 
        potential.
            ``(I) Renewable biomass.--The term `renewable biomass' 
        means each of the following:
                ``(i) Planted crops and crop residue harvested from 
            agricultural land cleared or cultivated at any time prior 
            to the enactment of this sentence that is either actively 
            managed or fallow, and nonforested.
                ``(ii) Planted trees and tree residue from actively 
            managed tree plantations on non-federal land cleared at any 
            time prior to enactment of this sentence, including 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.
                ``(iii) Animal waste material and animal byproducts.
                ``(iv) Slash and pre-commercial thinnings that are from 
            non-federal forestlands, including forestlands belonging to 
            an Indian tribe or an Indian individual, that are held in 
            trust by the United States or subject to a restriction 
            against alienation imposed by the United States, but not 
            forests or forestlands that are ecological communities with 
            a global or State ranking of critically imperiled, 
            imperiled, or rare pursuant to a State Natural Heritage 
            Program, old growth forest, or late successional forest.
                ``(v) Biomass obtained from the immediate vicinity of 
            buildings and other areas regularly occupied by people, or 
            of public infrastructure, at risk from wildfire.
                ``(vi) Algae.
                ``(vii) Separated yard waste or food waste, including 
            recycled cooking and trap grease.
            ``(J) Renewable fuel.--The term `renewable fuel' means fuel 
        that is produced from renewable biomass and that is used to 
        replace or reduce the quantity of fossil fuel present in a 
        transportation fuel.
            ``(K) 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.
            ``(L) Transportation fuel.--The term `transportation fuel' 
        means fuel for use in motor vehicles, motor vehicle engines, 
        nonroad vehicles, or nonroad engines (except for ocean-going 
        vessels).''.

SEC. 202. RENEWABLE FUEL STANDARD.

    (a) Renewable Fuel Program.--Paragraph (2) of section 211(o) (42 
U.S.C. 7545(o)(2)) of the Clean Air Act is amended as follows:
        (1) Regulations.--Clause (i) of subparagraph (A) is amended by 
    adding the following at the end thereof: ``Not later than 1 year 
    after the date of enactment of this sentence, the Administrator 
    shall revise the regulations under this paragraph to ensure that 
    transportation fuel sold or introduced into commerce in the United 
    States (except in noncontiguous States or territories), on an 
    annual average basis, contains at least the applicable volume of 
    renewable fuel, advanced biofuel, cellulosic biofuel, and biomass-
    based diesel, determined in accordance with subparagraph (B) and, 
    in the case of any such renewable fuel produced from new facilities 
    that commence construction after the date of enactment of this 
    sentence, achieves at least a 20 percent reduction in lifecycle 
    greenhouse gas emissions compared to baseline lifecycle greenhouse 
    gas emissions.''.
        (2) Applicable volumes of renewable fuel.--Subparagraph (B) is 
    amended to read as follows:
            ``(B) Applicable volumes.--
                ``(i) Calendar years after 2005.--

                    ``(I) Renewable fuel.--For the purpose of 
                subparagraph (A), the applicable volume of renewable 
                fuel for the calendar years 2006 through 2022 shall be 
                determined in accordance with the following table:


                                     Applicable volume of renewable fuel
                    ``Calendar year:
                                               (in billions of gallons):
                        2006......................................
                                                                     4.0
                        2007......................................
                                                                     4.7
                        2008......................................
                                                                     9.0
                        2009......................................
                                                                    11.1
                        2010......................................
                                                                   12.95
                        2011......................................
                                                                   13.95
                        2012......................................
                                                                    15.2
                        2013......................................
                                                                   16.55
                        2014......................................
                                                                   18.15
                        2015......................................
                                                                    20.5
                        2016......................................
                                                                   22.25
                        2017......................................
                                                                    24.0
                        2018......................................
                                                                    26.0
                        2019......................................
                                                                    28.0
                        2020......................................
                                                                    30.0
                        2021......................................
                                                                    33.0
                        2022......................................
                                                                    36.0

                    ``(II) Advanced biofuel.--For the purpose of 
                subparagraph (A), of the volume of renewable fuel 
                required under subclause (I), the applicable volume of 
                advanced biofuel for the calendar years 2009 through 
                2022 shall be determined in accordance with the 
                following table:


                                   Applicable volume of advanced biofuel
                    ``Calendar year:
                                               (in billions of gallons):
                        2009......................................
                                                                     0.6
                        2010......................................
                                                                    0.95
                        2011......................................
                                                                    1.35
                        2012......................................
                                                                     2.0
                        2013......................................
                                                                    2.75
                        2014......................................
                                                                    3.75
                        2015......................................
                                                                     5.5
                        2016......................................
                                                                    7.25
                        2017......................................
                                                                     9.0
                        2018......................................
                                                                    11.0
                        2019......................................
                                                                    13.0
                        2020......................................
                                                                    15.0
                        2021......................................
                                                                    18.0
                        2022......................................
                                                                    21.0

                    ``(III) Cellulosic biofuel.--For the purpose of 
                subparagraph (A), of the volume of advanced biofuel 
                required under subclause (II), the applicable volume of 
                cellulosic biofuel for the calendar years 2010 through 
                2022 shall be determined in accordance with the 
                following table:


                                 Applicable volume of cellulosic biofuel
                    ``Calendar year:
                                               (in billions of gallons):
                        2010......................................
                                                                     0.1
                        2011......................................
                                                                    0.25
                        2012......................................
                                                                     0.5
                        2013......................................
                                                                     1.0
                        2014......................................
                                                                    1.75
                        2015......................................
                                                                     3.0
                        2016......................................
                                                                    4.25
                        2017......................................
                                                                     5.5
                        2018......................................
                                                                     7.0
                        2019......................................
                                                                     8.5
                        2020......................................
                                                                    10.5
                        2021......................................
                                                                    13.5
                        2022......................................
                                                                    16.0

                    ``(IV) Biomass-based diesel.--For the purpose of 
                subparagraph (A), of the volume of advanced biofuel 
                required under subclause (II), the applicable volume of 
                biomass-based diesel for the calendar years 2009 
                through 2012 shall be determined in accordance with the 
                following table:


                               Applicable volume of biomass-based diesel
                    ``Calendar year:
                                               (in billions of gallons):
                        2009......................................
                                                                     0.5
                        2010......................................
                                                                    0.65
                        2011......................................
                                                                    0.80
                        2012......................................
                                                                     1.0

                ``(ii) Other calendar years.--For the purposes of 
            subparagraph (A), the applicable volumes of each fuel 
            specified in the tables in clause (i) for calendar years 
            after the calendar years specified in the tables shall be 
            determined by the Administrator, in coordination with the 
            Secretary of Energy and the Secretary of Agriculture, based 
            on a review of the implementation of the program during 
            calendar years specified in the tables, and an analysis 
            of--

                    ``(I) the impact of the production and use of 
                renewable fuels on the environment, including on air 
                quality, climate change, conversion of wetlands, 
                ecosystems, wildlife habitat, water quality, and water 
                supply;
                    ``(II) the impact of renewable fuels on the energy 
                security of the United States;
                    ``(III) the expected annual rate of future 
                commercial production of renewable fuels, including 
                advanced biofuels in each category (cellulosic biofuel 
                and biomass-based diesel);
                    ``(IV) 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 and use renewable fuel;
                    ``(V) the impact of the use of renewable fuels on 
                the cost to consumers of transportation fuel and on the 
                cost to transport goods; and
                    ``(VI) 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 food prices.

            The Administrator shall promulgate rules establishing the 
            applicable volumes under this clause no later than 14 
            months before the first year for which such applicable 
            volume will apply.
                ``(iii) Applicable volume of advanced biofuel.--For the 
            purpose of making the determinations in clause (ii), for 
            each calendar year, the applicable volume of advanced 
            biofuel shall be at least the same percentage of the 
            applicable volume of renewable fuel as in calendar year 
            2022.
                ``(iv) Applicable volume of cellulosic biofuel.--For 
            the purpose of making the determinations in clause (ii), 
            for each calendar year, the applicable volume of cellulosic 
            biofuel established by the Administrator shall be based on 
            the assumption that the Administrator will not need to 
            issue a waiver for such years under paragraph (7)(D).
                ``(v) Minimum applicable volume of biomass-based 
            diesel.--For the purpose of making the determinations in 
            clause (ii), the applicable volume of biomass-based diesel 
            shall not be less than the applicable volume listed in 
            clause (i)(IV) for calendar year 2012.''.
    (b) Applicable Percentages.--Paragraph (3) of section 211(o) of the 
Clean Air Act (42 U.S.C. 7545(o)(3)) is amended as follows:
        (1) In subparagraph (A), by striking ``2011'' and inserting 
    ``2021''.
        (2) In subparagraph (A), by striking ``gasoline'' and inserting 
    ``transportation fuel, biomass-based diesel, and cellulosic 
    biofuel''.
        (3) In subparagraph (B), by striking ``2012'' and inserting 
    ``2021'' in clause (i).
        (4) In subparagraph (B), by striking ``gasoline'' and inserting 
    ``transportation fuel'' in clause (ii)(II).
    (c) Modification of Greenhouse Gas Percentages.--Paragraph (4) of 
section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(4)) is amended 
to read as follows:
        ``(4) Modification of greenhouse gas reduction percentages.--
            ``(A) In general.--The Administrator may, in the 
        regulations under the last sentence of paragraph (2)(A)(i), 
        adjust the 20 percent, 50 percent, and 60 percent reductions in 
        lifecycle greenhouse gas emissions specified in paragraphs 
        (2)(A)(i) (relating to renewable fuel), (1)(D) (relating to 
        biomass-based diesel), (1)(B)(i) (relating to advanced 
        biofuel), and (1)(E) (relating to cellulosic biofuel) to a 
        lower percentage. For the 50 and 60 percent reductions, the 
        Administrator may make such an adjustment only if he determines 
        that generally such reduction is not commercially feasible for 
        fuels made using a variety of feedstocks, technologies, and 
        processes to meet the applicable reduction.
            ``(B) Amount of adjustment.--In promulgating regulations 
        under this paragraph, the specified 50 percent reduction in 
        greenhouse gas emissions from advanced biofuel and in biomass-
        based diesel may not be reduced below 40 percent. The specified 
        20 percent reduction in greenhouse gas emissions from renewable 
        fuel may not be reduced below 10 percent, and the specified 60 
        percent reduction in greenhouse gas emissions from cellulosic 
        biofuel may not be reduced below 50 percent.
            ``(C) Adjusted reduction levels.--An adjustment under this 
        paragraph to a percent less than the specified 20 percent 
        greenhouse gas reduction for renewable fuel shall be the 
        minimum possible adjustment, and the adjusted greenhouse gas 
        reduction shall be established by the Administrator at the 
        maximum achievable level, taking cost in consideration, for 
        natural gas fired corn-based ethanol plants, allowing for the 
        use of a variety of technologies and processes. An adjustment 
        in the 50 or 60 percent greenhouse gas levels shall be the 
        minimum possible adjustment for the fuel or fuels concerned, 
        and the adjusted greenhouse gas reduction shall be established 
        at the maximum achievable level, taking cost in consideration, 
        allowing for the use of a variety of feedstocks, technologies, 
        and processes.
            ``(D) 5-year review.--Whenever the Administrator makes any 
        adjustment under this paragraph, not later than 5 years 
        thereafter he shall review and revise (based upon the same 
        criteria and standards as required for the initial adjustment) 
        the regulations establishing the adjusted level.
            ``(E) Subsequent adjustments.--After the Administrator has 
        promulgated a final rule under the last sentence of paragraph 
        (2)(A)(i) with respect to the method of determining lifecycle 
        greenhouse gas emissions, except as provided in subparagraph 
        (D), the Administrator may not adjust the percent greenhouse 
        gas reduction levels unless he determines that there has been a 
        significant change in the analytical methodology used for 
        determining the lifecycle greenhouse gas emissions. If he makes 
        such determination, he may adjust the 20, 50, or 60 percent 
        reduction levels through rulemaking using the criteria and 
        standards set forth in this paragraph.
            ``(F) Limit on upward adjustments.--If, under subparagraph 
        (D) or (E), the Administrator revises a percent level adjusted 
        as provided in subparagraphs (A), (B), and (C) to a higher 
        percent, such higher percent may not exceed the applicable 
        percent specified in paragraph (2)(A)(i), (1)(D), (1)(B)(i), or 
        (1)(E).
            ``(G) Applicability of adjustments.--If the Administrator 
        adjusts, or revises, a percent level referred to in this 
        paragraph or makes a change in the analytical methodology used 
        for determining the lifecycle greenhouse gas emissions, such 
        adjustment, revision, or change (or any combination thereof) 
        shall only apply to renewable fuel from new facilities that 
        commence construction after the effective date of such 
        adjustment, revision, or change.''.
    (d) Credits for Additional Renewable Fuel.--Paragraph (5) of 
section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(5)) is amended 
by adding the following new subparagraph at the end thereof:
            ``(E) Credits for additional renewable fuel.--The 
        Administrator may issue regulations providing: (i) for the 
        generation of an appropriate amount of credits by any person 
        that refines, blends, or imports additional renewable fuels 
        specified by the Administrator; and (ii) for the use of such 
        credits by the generator, or the transfer of all or a portion 
        of the credits to another person, for the purpose of complying 
        with paragraph (2).''.
    (e) Waivers.--
        (1) In general.--Paragraph (7)(A) of section 211(o) of the 
    Clean Air Act (42 U.S.C. 7545(o)(7)(A)) is amended by inserting ``, 
    by any person subject to the requirements of this subsection, or by 
    the Administrator on his own motion'' after ``one or more States'' 
    in subparagraph (A) and by striking out ``State'' in subparagraph 
    (B).
        (2) Cellulosic biofuel.--Paragraph (7) of section 211(o) of the 
    Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by adding the 
    following at the end thereof:
            ``(D) Cellulosic biofuel.--(i) For any calendar year for 
        which the projected volume of cellulosic biofuel production is 
        less than the minimum applicable volume established under 
        paragraph (2)(B), as determined by the Administrator based on 
        the estimate provided under paragraph (3)(A), not later than 
        November 30 of the preceding calendar year, the Administrator 
        shall reduce the applicable volume of cellulosic biofuel 
        required under paragraph (2)(B) to the projected volume 
        available during that calendar year. For any calendar year in 
        which the Administrator makes such a reduction, the 
        Administrator may also reduce the applicable volume of 
        renewable fuel and advanced biofuels requirement established 
        under paragraph (2)(B) by the same or a lesser volume.
            ``(ii) Whenever the Administrator reduces the minimum 
        cellulosic biofuel volume under this subparagraph, the 
        Administrator shall make available for sale cellulosic biofuel 
        credits at the higher of $0.25 per gallon or the amount by 
        which $3.00 per gallon exceeds the average wholesale price of a 
        gallon of gasoline in the United States. Such amounts shall be 
        adjusted for inflation by the Administrator for years after 
        2008.
            ``(iii) Eighteen months after the date of enactment of this 
        subparagraph, the Administrator shall promulgate regulations to 
        govern the issuance of credits under this subparagraph. The 
        regulations shall set forth the method for determining the 
        exact price of credits in the event of a waiver. The price of 
        such credits shall not be changed more frequently than once 
        each quarter. These regulations shall include such provisions, 
        including limiting the credits' uses and useful life, as the 
        Administrator deems appropriate to assist market liquidity and 
        transparency, to provide appropriate certainty for regulated 
        entities and renewable fuel producers, and to limit any 
        potential misuse of cellulosic biofuel credits to reduce the 
        use of other renewable fuels, and for such other purposes as 
        the Administrator determines will help achieve the goals of 
        this subsection. The regulations shall limit the number of 
        cellulosic biofuel credits for any calendar year to the minimum 
        applicable volume (as reduced under this subparagraph) of 
        cellulosic biofuel for that year.''.
        (3) Biomass-based diesel.--Paragraph (7) of section 211(o) of 
    the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by adding the 
    following at the end thereof:
            ``(E) Biomass-based diesel.--
                ``(i) Market evaluation.--The Administrator, in 
            consultation with the Secretary of Energy and the Secretary 
            of Agriculture, shall periodically evaluate the impact of 
            the biomass-based diesel requirements established under 
            this paragraph on the price of diesel fuel.
                ``(ii) Waiver.--If the Administrator determines that 
            there is a significant renewable feedstock disruption or 
            other market circumstances that would make the price of 
            biomass-based diesel fuel increase significantly, the 
            Administrator, in consultation with the Secretary of Energy 
            and the Secretary of Agriculture, shall issue an order to 
            reduce, for up to a 60-day period, the quantity of biomass-
            based diesel required under subparagraph (A) by an 
            appropriate quantity that does not exceed 15 percent of the 
            applicable annual requirement for biomass-based diesel. For 
            any calendar year in which the Administrator makes a 
            reduction under this subparagraph, the Administrator may 
            also reduce the applicable volume of renewable fuel and 
            advanced biofuels requirement established under paragraph 
            (2)(B) by the same or a lesser volume.
                ``(iii) Extensions.--If the Administrator determines 
            that the feedstock disruption or circumstances described in 
            clause (ii) is continuing beyond the 60-day period 
            described in clause (ii) or this clause, the Administrator, 
            in consultation with the Secretary of Energy and the 
            Secretary of Agriculture, may issue an order to reduce, for 
            up to an additional 60-day period, the quantity of biomass-
            based diesel required under subparagraph (A) by an 
            appropriate quantity that does not exceed an additional 15 
            percent of the applicable annual requirement for biomass-
            based diesel.
            ``(F) Modification of applicable volumes.--For any of the 
        tables in paragraph (2)(B), if the Administrator waives--
                ``(i) at least 20 percent of the applicable volume 
            requirement set forth in any such table for 2 consecutive 
            years; or
                ``(ii) at least 50 percent of such volume requirement 
            for a single year,
        the Administrator shall promulgate a rule (within 1 year after 
        issuing such waiver) that modifies the applicable volumes set 
        forth in the table concerned for all years following the final 
        year to which the waiver applies, except that no such 
        modification in applicable volumes shall be made for any year 
        before 2016. In promulgating such a rule, the Administrator 
        shall comply with the processes, criteria, and standards set 
        forth in paragraph (2)(B)(ii).''.

SEC. 203. STUDY OF IMPACT OF RENEWABLE FUEL STANDARD.

    (a) In General.--The Secretary of Energy, in consultation with the 
Secretary of Agriculture and the Administrator of the Environmental 
Protection Agency, 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 section 211(o) of 
the Clean Air Act on each industry relating to the production of feed 
grains, livestock, food, forest products, and energy.
    (b) Participation.--In conducting the study under this section, the 
National Academy of Sciences shall seek the participation, and consider 
the input, of--
        (1) producers of feed grains;
        (2) producers of livestock, poultry, and pork products;
        (3) producers of food and food products;
        (4) producers of energy;
        (5) individuals and entities interested in issues relating to 
    conservation, the environment, and nutrition;
        (6) users and consumers of renewable fuels;
        (7) producers and users of biomass feedstocks; and
        (8) land grant universities.
    (c) Considerations.--In conducting the study, the National Academy 
of Sciences shall consider--
        (1) the likely impact on domestic animal agriculture feedstocks 
    that, in any crop year, are significantly below current 
    projections;
        (2) policy options to alleviate the impact on domestic animal 
    agriculture feedstocks that are significantly below current 
    projections; and
        (3) policy options to maintain regional agricultural and 
    silvicultural capability.
    (d) Components.--The study shall include--
        (1) a description of the conditions under which the 
    requirements described in section 211(o) of the Clean Air Act 
    should be suspended or reduced to prevent adverse impacts to 
    domestic animal agriculture feedstocks described in subsection 
    (c)(2) or regional agricultural and silvicultural capability 
    described in subsection (c)(3); and
        (2) recommendations for the means by which the Federal 
    Government could prevent or minimize adverse economic hardships and 
    impacts.
    (e) Deadline for Completion of Study.--Not later than 18 months 
after the date of enactment of this Act, the Secretary shall submit to 
Congress a report that describes the results of the study under this 
section.
    (f) Periodic Reviews.--Section 211(o) of the Clean Air Act is 
amended by adding the following at the end thereof:
        ``(11) Periodic reviews.--To allow for the appropriate 
    adjustment of the requirements described in subparagraph (B) of 
    paragraph (2), the Administrator shall conduct periodic reviews 
    of--
            ``(A) existing technologies;
            ``(B) the feasibility of achieving compliance with the 
        requirements; and
            ``(C) the impacts of the requirements described in 
        subsection (a)(2) on each individual and entity described in 
        paragraph (2).''.

SEC. 204. ENVIRONMENTAL AND RESOURCE CONSERVATION IMPACTS.

    (a) In General.--Not later than 3 years after the enactment of this 
section and every 3 years thereafter, the Administrator of the 
Environmental Protection Agency, in consultation with the Secretary of 
Agriculture and the Secretary of Energy, shall assess and report to 
Congress on the impacts to date and likely future impacts of the 
requirements of section 211(o) of the Clean Air Act on the following:
        (1) Environmental issues, including air quality, effects on 
    hypoxia, pesticides, sediment, nutrient and pathogen levels in 
    waters, acreage and function of waters, and soil environmental 
    quality.
        (2) Resource conservation issues, including soil conservation, 
    water availability, and ecosystem health and biodiversity, 
    including impacts on forests, grasslands, and wetlands.
        (3) The growth and use of cultivated invasive or noxious plants 
    and their impacts on the environment and agriculture.
In advance of preparing the report required by this subsection, the 
Administrator may seek the views of the National Academy of Sciences or 
another appropriate independent research institute. The report shall 
include the annual volume of imported renewable fuels and feedstocks 
for renewable fuels, and the environmental impacts outside the United 
States of producing such fuels and feedstocks. The report required by 
this subsection shall include recommendations for actions to address 
any adverse impacts found.
    (b) Effect on Air Quality and Other Environmental Requirements.--
Except as provided in section 211(o)(12) of the Clean Air Act, nothing 
in the amendments made by this title to section 211(o) of the Clean Air 
Act shall be construed as superseding, or limiting, any more 
environmentally protective requirement under the Clean Air Act, or 
under any other provision of State or Federal law or regulation, 
including any environmental law or regulation.

SEC. 205. BIOMASS-BASED DIESEL AND BIODIESEL LABELING.

    (a) In General.--Each retail diesel fuel pump shall be labeled in a 
manner that informs consumers of the percent of biomass-based diesel or 
biodiesel that is contained in the biomass-based diesel blend or 
biodiesel blend that is offered for sale, as determined by the Federal 
Trade Commission.
    (b) Labeling Requirements.--Not later than 180 days after the date 
of enactment of this section, the Federal Trade Commission shall 
promulgate biodiesel labeling requirements as follows:
        (1) Biomass-based diesel blends or biodiesel blends that 
    contain less than or equal to 5 percent biomass-based diesel or 
    biodiesel by volume and that meet ASTM D975 diesel specifications 
    shall not require any additional labels.
        (2) Biomass-based diesel blends or biodiesel blends that 
    contain more than 5 percent biomass-based diesel or biodiesel by 
    volume but not more than 20 percent by volume shall be labeled 
    ``contains biomass-based diesel or biodiesel in quantities between 
    5 percent and 20 percent''.
        (3) Biomass-based diesel or biodiesel blends that contain more 
    than 20 percent biomass based or biodiesel by volume shall be 
    labeled ``contains more than 20 percent biomass-based diesel or 
    biodiesel''.
    (c) Definitions.--In this section:
        (1) ASTM.--The term ``ASTM'' means the American Society of 
    Testing and Materials.
        (2) Biomass-based diesel.--The term ``biomass-based diesel'' 
    means biodiesel as defined in section 312(f) of the Energy Policy 
    Act of 1992 (42 U.S.C. 13220(f)).
        (3) Biodiesel.--The term ``biodiesel'' means the monoalkyl 
    esters of long chain fatty acids derived from plant or animal 
    matter that meet--
            (A) the registration requirements for fuels and fuel 
        additives under this section; and
            (B) the requirements of ASTM standard D6751.
        (4) Biomass-based diesel and biodiesel blends.--The terms 
    ``biomass-based diesel blend'' and ``biodiesel blend'' means a 
    blend of ``biomass-based diesel'' or ``biodiesel'' fuel that is 
    blended with petroleum-based diesel fuel.

SEC. 206. 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 Administrator of the Environmental Protection 
Agency shall conduct a study on the feasibility of issuing credits 
under the program established under section 211(o) of the Clean Air Act 
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 Administrator shall submit to the Committee on Energy 
and Natural Resources of the United States Senate and the Committee on 
Energy and Commerce of the United States 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 211(o) of the Clean 
        Air Act.

SEC. 207. GRANTS FOR PRODUCTION OF ADVANCED BIOFUELS.

    (a) In General.--The Secretary of Energy 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 2005; and
        (2) shall not make an award to a project that does not achieve 
    at least an 80 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. 208. 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 as follows:
        (1) By striking ``nonroad vehicle (A) if in the judgment of the 
    Administrator'' and inserting ``nonroad vehicle if, in the judgment 
    of the Administrator, any fuel or fuel additive or''; and
        (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''.

SEC. 209. ANTI-BACKSLIDING.

    Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by 
adding at the end the following:
    ``(v) Prevention of Air Quality Deterioration.--
        ``(1) Study.--
            ``(A) In general.--Not later than 18 months after the date 
        of enactment of this subsection, the Administrator shall 
        complete a study to determine whether the renewable fuel 
        volumes required by this section 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 this subsection, the Administrator shall--
            ``(A) promulgate fuel 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 this section; or
            ``(B) make a determination that no such measures are 
        necessary.''.

SEC. 210. EFFECTIVE DATE, SAVINGS PROVISION, AND TRANSITION RULES.

    (a) Transition Rules.--(1) For calendar year 2008, transportation 
fuel sold or introduced into commerce in the United States (except in 
noncontiguous States or territories), that is produced from facilities 
that commence construction after the date of enactment of this Act 
shall be treated as renewable fuel within the meaning of section 211(o) 
of the Clean Air Act only if it achieves at least a 20 percent 
reduction in lifecycle greenhouse gas emissions compared to baseline 
lifecycle greenhouse gas emissions. For calendar years 2008 and 2009, 
any ethanol plant that is fired with natural gas, biomass, or any 
combination thereof is deemed to be in compliance with such 20 percent 
reduction requirement and with the 20 percent reduction requirement of 
section 211(o)(1) of the Clean Air Act. The terms used in this 
subsection shall have the same meaning as provided in the amendment 
made by this Act to section 211(o) of the Clean Air Act.
    (2) Until January 1, 2009, the Administrator of the Environmental 
Protection Agency shall implement section 211(o) of the Clean Air Act 
and the rules promulgated under that section in accordance with the 
provisions of that section as in effect before the enactment of this 
Act and in accordance with the rules promulgated before the enactment 
of this Act, except that for calendar year 2008, the number ``9.0'' 
shall be substituted for the number ``5.4'' in the table in section 
211(o)(2)(B) and in the corresponding rules promulgated to carry out 
those provisions. The Administrator is authorized to take such other 
actions as may be necessary to carry out this paragraph notwithstanding 
any other provision of law.
    (b) Savings Clause.--Section 211(o) of the Clean Air Act (42 U.S.C. 
7545(o)) is amended by adding the following new paragraph at the end 
thereof:
        ``(12) Effect on other provisions.--Nothing in this subsection, 
    or regulations issued pursuant to this subsection, shall affect or 
    be construed to affect the regulatory status of carbon dioxide or 
    any other greenhouse gas, or to expand or limit regulatory 
    authority regarding carbon dioxide or any other greenhouse gas, for 
    purposes of other provisions (including section 165) of this Act. 
    The previous sentence shall not affect implementation and 
    enforcement of this subsection.''.
    (c) Effective Date.--The amendments made by this title to section 
211(o) of the Clean Air Act shall take effect January 1, 2009, except 
that the Administrator shall promulgate regulations to carry out such 
amendments not later than 1 year after the enactment of this Act.

             Subtitle B--Biofuels Research and Development

SEC. 221. BIODIESEL.

    (a) Biodiesel Study.--Not later than 180 days after the date of 
enactment of this Act, the Secretary, in consultation with the 
Administrator of the Environmental Protection Agency, shall submit to 
Congress a report on any research and development challenges inherent 
in increasing the proportion of diesel fuel sold in the United States 
that is biodiesel.
    (b) Material for the Establishment of Standards.--The Director of 
the National Institute of Standards and Technology, in consultation 
with the Secretary, shall make publicly available the physical property 
data and characterization of biodiesel and other biofuels as 
appropriate.

SEC. 222. BIOGAS.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary, in consultation with the Administrator of the 
Environmental Protection Agency, shall submit to Congress a report on 
any research and development challenges inherent in increasing the 
amount of transportation fuels sold in the United States that are fuel 
with biogas or a blend of biogas and natural gas.

SEC. 223. GRANTS FOR BIOFUEL PRODUCTION RESEARCH AND DEVELOPMENT IN 
              CERTAIN STATES.

    (a) In General.--The Secretary shall provide grants to eligible 
entities for research, development, demonstration, and commercial 
application of biofuel 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 this 
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)), 
    including tribally controlled colleges or universities, located in 
    a State described in subsection (a); or
        (B) be a consortium including at least 1 such institution of 
    higher education and industry, State agencies, Indian tribal 
    agencies, National Laboratories, or local government agencies 
    located in the State; and
        (2) have proven experience and capabilities with relevant 
    technologies.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $25,000,000 for 
each of fiscal years 2008 through 2010.

SEC. 224. BIOREFINERY ENERGY EFFICIENCY.

    Section 932 of the Energy Policy Act of 2005 (42 U.S.C. 16232) is 
amended by adding at the end the following new subsections:
    ``(g) Biorefinery Energy Efficiency.--The Secretary shall establish 
a program of research, development, demonstration, and commercial 
application for increasing energy efficiency and reducing energy 
consumption in the operation of biorefinery facilities.
    ``(h) Retrofit Technologies for the Development of Ethanol From 
Cellulosic Materials.--The Secretary shall establish a program of 
research, development, demonstration, and commercial application on 
technologies and processes to enable biorefineries that exclusively use 
corn grain or corn starch as a feedstock to produce ethanol to be 
retrofitted to accept a range of biomass, including lignocellulosic 
feedstocks.''.

SEC. 225. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED VEHICLES TO USE E-85 
              FUEL.

    (a) In General.--The Secretary, in consultation with the Secretary 
of Transportation and the Administrator of the Environmental Protection 
Agency, shall conduct a study of whether optimizing flexible fueled 
vehicles to operate using E-85 fuel would increase the fuel efficiency 
of flexible fueled vehicles.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Science and 
Technology and the Committee on Energy and Commerce of the House of 
Representatives, and to the Committee on Energy and Natural Resources, 
the Committee on Environment and Public Works, and the Committee on 
Commerce, Science, and Transportation of the Senate, a report that 
describes the results of the study under this section, including any 
recommendations of the Secretary.

SEC. 226. STUDY OF ENGINE DURABILITY AND PERFORMANCE ASSOCIATED WITH 
              THE USE OF BIODIESEL.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the Secretary, in consultation with the Administrator of 
the Environmental Protection Agency, shall initiate a study on the 
effects of the use of biodiesel on the performance and durability of 
engines and engine systems.
    (b) Components.--The study under this section shall include--
        (1) an assessment of whether the use of biodiesel lessens the 
    durability and performance of conventional diesel engines and 
    engine systems; and
        (2) an assessment of the effects referred to in subsection (a) 
    with respect to biodiesel blends at varying concentrations, 
    including the following percentage concentrations of biodiesel:
            (A) 5 percent biodiesel.
            (B) 10 percent biodiesel.
            (C) 20 percent biodiesel.
            (D) 30 percent biodiesel.
            (E) 100 percent biodiesel.
    (c) Report.--Not later than 24 months after the date of enactment 
of this Act, the Secretary shall submit to the Committee on Science and 
Technology and the Committee on Energy and Commerce of the House of 
Representatives, and to the Committee on Energy and Natural Resources 
and the Committee on Environment and Public Works of the Senate, a 
report that describes the results of the study under this section, 
including any recommendations of the Secretary.

SEC. 227. STUDY OF OPTIMIZATION OF BIOGAS USED IN NATURAL GAS VEHICLES.

    (a) In General.--The Secretary, in consultation with the 
Administrator of the Environmental Protection Agency and the Secretary 
of Transportation, shall conduct a study of methods of increasing the 
fuel efficiency of vehicles using biogas by optimizing natural gas 
vehicle systems that can operate on biogas, including the advancement 
of vehicle fuel systems and the combination of hybrid-electric and 
plug-in hybrid electric drive platforms with natural gas vehicle 
systems using biogas.
    (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, the Committee on Environment and Public Works, and 
the Committee on Commerce, Science, and Transportation of the Senate, 
and to the Committee on Science and Technology and the Committee on 
Energy and Commerce of the House of Representatives, a report that 
describes the results of the study, including any recommendations of 
the Secretary.

SEC. 228. ALGAL BIOMASS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall submit to the Committee on Science and 
Technology of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate, a report on the progress of the 
research and development that is being conducted on the use of algae as 
a feedstock for the production of biofuels.
    (b) Contents.--The report shall identify continuing research and 
development challenges and any regulatory or other barriers found by 
the Secretary that hinder the use of this resource, as well as 
recommendations on how to encourage and further its development as a 
viable transportation fuel.

SEC. 229. BIOFUELS AND BIOREFINERY INFORMATION CENTER.

    (a) In General.--The Secretary, in cooperation with the Secretary 
of Agriculture, shall establish a biofuels and biorefinery information 
center to make available to interested parties information on--
        (1) renewable fuel feedstocks, including the varieties of fuel 
    capable of being produced from various feedstocks;
        (2) biorefinery processing techniques related to various 
    renewable fuel feedstocks;
        (3) the distribution, blending, storage, and retail dispensing 
    infrastructure necessary for the transport and use of renewable 
    fuels;
        (4) Federal and State laws and incentives related to renewable 
    fuel production and use;
        (5) renewable fuel research and development advancements;
        (6) renewable fuel development and biorefinery processes and 
    technologies;
        (7) renewable fuel resources, including information on programs 
    and incentives for renewable fuels;
        (8) renewable fuel producers;
        (9) renewable fuel users; and
        (10) potential renewable fuel users.
    (b) Administration.--In administering the biofuels and biorefinery 
information center, the Secretary shall--
        (1) continually update information provided by the center;
        (2) make information available relating to processes and 
    technologies for renewable fuel production;
        (3) make information available to interested parties on the 
    process for establishing a biorefinery; and
        (4) make information and assistance provided by the center 
    available through a toll-free telephone number and website.
    (c) Coordination and Nonduplication.--To the maximum extent 
practicable, the Secretary shall ensure that the activities under this 
section are coordinated with, and do not duplicate the efforts of, 
centers at other government agencies.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 230. CELLULOSIC ETHANOL AND BIOFUELS RESEARCH.

    (a) Definition of Eligible Entity.--In this section, the term 
``eligible entity'' means--
        (1) an 1890 Institution (as defined in section 2 of the 
    Agricultural Research, Extension, and Education Reform Act of 1998 
    (7 U.S.C. 7061));
        (2) a part B institution (as defined in section 322 of the 
    Higher Education Act of 1965 (20 U.S.C. 1061)) (commonly referred 
    to as ``Historically Black Colleges and Universities'');
        (3) a tribal college or university (as defined in section 
    316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))); 
    or
        (4) a Hispanic-serving institution (as defined in section 
    502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a))).
    (b) Grants.--The Secretary shall make cellulosic ethanol and 
biofuels research and development grants to 10 eligible entities 
selected by the Secretary to receive a grant under this section through 
a peer-reviewed competitive process.
    (c) Collaboration.--An eligible entity that is selected to receive 
a grant under subsection (b) shall collaborate with 1 of the Bioenergy 
Research Centers of the Office of Science of the Department.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to make grants described in subsection 
(b) $50,000,000 for fiscal year 2008, to remain available until 
expended.

SEC. 231. BIOENERGY RESEARCH AND DEVELOPMENT, AUTHORIZATION OF 
              APPROPRIATION.

    Section 931 of the Energy Policy Act of 2005 (42 U.S.C. 16231) is 
amended--
        (1) in subsection (b)--
            (A) in paragraph (2), by striking ``and'' at the end;
            (B) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (C) by adding at the end the following:
        ``(4) $963,000,000 for fiscal year 2010.''; and
        (2) in subsection (c)--
            (A) in paragraph (2)--
                (i) by striking ``$251,000,000'' and inserting 
            ``$377,000,000''; and
                (ii) by striking ``and'' at the end;
            (B) in paragraph (3)--
                (i) by striking ``$274,000,000'' and inserting 
            ``$398,000,000''; and
                (ii) by striking the period at the end and inserting 
            ``; and''; and
            (C) by adding at the end the following:
        ``(4) $419,000,000 for fiscal year 2010, of which $150,000,000 
    shall be for section 932(d).''.

SEC. 232. ENVIRONMENTAL RESEARCH AND DEVELOPMENT.

    (a) In General.--Section 977 of the Energy Policy Act of 2005 (42 
U.S.C. 16317) is amended--
        (1) in subsection (a)(1), by striking ``and computational 
    biology'' and inserting ``computational biology, and environmental 
    science''; and
        (2) in subsection (b)--
            (A) in paragraph (1), by inserting ``in sustainable 
        production systems that reduce greenhouse gas emissions'' after 
        ``hydrogen'';
            (B) in paragraph (3), by striking ``and'' at the end;
            (C) by redesignating paragraph (4) as paragraph (5); and
            (D) by inserting after paragraph (3) the following:
        ``(4) develop cellulosic and other feedstocks that are less 
    resource and land intensive and that promote sustainable use of 
    resources, including soil, water, energy, forests, and land, and 
    ensure protection of air, water, and soil quality; and''.
    (b) Tools and Evaluation.--Section 307(d) of the Biomass Research 
and Development Act of 2000 (7 U.S.C. 8606(d)) is amended--
        (1) in paragraph (3)(E), by striking ``and'' at the end;
        (2) in paragraph (4), by striking the period at the end and 
    inserting a semicolon; and
        (3) by adding at the end the following:
        ``(5) the improvement and development of analytical tools to 
    facilitate the analysis of life-cycle energy and greenhouse gas 
    emissions, including emissions related to direct and indirect land 
    use changes, attributable to all potential biofuel feedstocks and 
    production processes; and
        ``(6) the systematic evaluation of the impact of expanded 
    biofuel production on the environment, including forest lands, and 
    on the food supply for humans and animals.''.
    (c) Small-Scale Production and Use of Biofuels.--Section 307(e) of 
the Biomass Research and Development Act of 2000 (7 U.S.C. 8606(e)) is 
amended--
        (1) in paragraph (2), by striking ``and'' at the end;
        (2) in paragraph (3), by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following:
        ``(4) to facilitate small-scale production, local, and on-farm 
    use of biofuels, including the development of small-scale 
    gasification technologies for production of biofuel from cellulosic 
    feedstocks.''.

SEC. 233. BIOENERGY RESEARCH CENTERS.

    Section 977 of the Energy Policy Act of 2005 (42 U.S.C. 16317) is 
amended by adding at the end the following:
    ``(f) Bioenergy Research Centers.--
        ``(1) Establishment of centers.--In carrying out the program 
    under subsection (a), the Secretary shall establish at least 7 
    bioenergy research centers, which may be of varying size.
        ``(2) Geographic distribution.--The Secretary shall establish 
    at least 1 bioenergy research center in each Petroleum 
    Administration for Defense District or Subdistrict of a Petroleum 
    Administration for Defense District.
        ``(3) Goals.--The goals of the centers established under this 
    subsection shall be to accelerate basic transformational research 
    and development of biofuels, including biological processes.
        ``(4) Selection and duration.--
            ``(A) In general.--A center under this subsection shall be 
        selected on a competitive basis for a period of 5 years.
            ``(B) Reapplication.--After the end of the period described 
        in subparagraph (A), a grantee may reapply for selection on a 
        competitive basis.
        ``(5) Inclusion.--A center that is in existence on the date of 
    enactment of this subsection--
            ``(A) shall be counted towards the requirement for 
        establishment of at least 7 bioenergy research centers; and
            ``(B) may continue to receive support for a period of 5 
        years beginning on the date of establishment of the center.''.

SEC. 234. UNIVERSITY BASED RESEARCH AND DEVELOPMENT GRANT PROGRAM.

    (a) Establishment.--The Secretary shall establish a competitive 
grant program, in a geographically diverse manner, for projects 
submitted for consideration by institutions of higher education to 
conduct research and development of renewable energy technologies. Each 
grant made shall not exceed $2,000,000.
    (b) Eligibility.--Priority shall be given to institutions of higher 
education with--
        (1) established programs of research in renewable energy;
        (2) locations that are low income or outside of an urbanized 
    area;
        (3) a joint venture with an Indian tribe; and
        (4) proximity to trees dying of disease or insect infestation 
    as a source of woody biomass.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $25,000,000 for carrying out this 
section.
    (d) Definitions.--In this section:
        (1) Indian tribe.--The term ``Indian tribe'' has the meaning as 
    defined in section 126(c) of the Energy Policy Act of 2005.
        (2) Renewable energy.--The term ``renewable energy'' has the 
    meaning as defined in section 902 of the Energy Policy Act of 2005.
        (3) Urbanized area.--The term ``urbanized area'' has the 
    meaning as defined by the U.S. Bureau of the Census.

                  Subtitle C--Biofuels Infrastructure

SEC. 241. PROHIBITION ON FRANCHISE AGREEMENT RESTRICTIONS RELATED TO 
              RENEWABLE FUEL INFRASTRUCTURE.

    (a) In General.--Title I of the Petroleum Marketing Practices Act 
(15 U.S.C. 2801 et seq.) is amended by adding at the end the following:

``SEC. 107. PROHIBITION ON RESTRICTION OF INSTALLATION OF RENEWABLE 
              FUEL PUMPS.

    ``(a) Definition.--In this section:
        ``(1) Renewable fuel.--The term `renewable fuel' means any 
    fuel--
            ``(A) at least 85 percent of the volume of which consists 
        of ethanol; or
            ``(B) any mixture of biodiesel and diesel or renewable 
        diesel (as defined in regulations adopted pursuant to section 
        211(o) of the Clean Air Act (40 CFR, part 80)), determined 
        without regard to any use of kerosene and containing at least 
        20 percent biodiesel or renewable diesel.
        ``(2) Franchise-related document.--The term `franchise-related 
    document' means--
            ``(A) a franchise under this Act; and
            ``(B) any other contract or directive of a franchisor 
        relating to terms or conditions of the sale of fuel by a 
        franchisee.
    ``(b) Prohibitions.--
        ``(1) In general.--No franchise-related document entered into 
    or renewed on or after the date of enactment of this section shall 
    contain any provision allowing a franchisor to restrict the 
    franchisee or any affiliate of the franchisee from--
            ``(A) installing on the marketing premises of the 
        franchisee a renewable fuel pump or tank, except that the 
        franchisee's franchisor may restrict the installation of a tank 
        on leased marketing premises of such franchisor;
            ``(B) converting an existing tank or pump on the marketing 
        premises of the franchisee for renewable fuel use, so long as 
        such tank or pump and the piping connecting them are either 
        warranted by the manufacturer or certified by a recognized 
        standards setting organization to be suitable for use with such 
        renewable fuel;
            ``(C) advertising (including through the use of signage) 
        the sale of any renewable fuel;
            ``(D) selling renewable fuel in any specified area on the 
        marketing premises of the franchisee (including any area in 
        which a name or logo of a franchisor or any other entity 
        appears);
            ``(E) purchasing renewable fuel from sources other than the 
        franchisor if the franchisor does not offer its own renewable 
        fuel for sale by the franchisee;
            ``(F) listing renewable fuel availability or prices, 
        including on service station signs, fuel dispensers, or light 
        poles; or
            ``(G) allowing for payment of renewable fuel with a credit 
        card,
    so long as such activities described in subparagraphs (A) through 
    (G) do not constitute mislabeling, misbranding, willful 
    adulteration, or other trademark violations by the franchisee.
        ``(2) Effect of provision.--Nothing in this section shall be 
    construed to preclude a franchisor from requiring the franchisee to 
    obtain reasonable indemnification and insurance policies.
    ``(c) Exception to 3-Grade Requirement.--No franchise-related 
document that requires that 3 grades of gasoline be sold by the 
applicable franchisee shall prevent the franchisee from selling a 
renewable fuel in lieu of 1, and only 1, grade of gasoline.''.
    (b) Enforcement.--Section 105 of the Petroleum Marketing Practices 
Act (15 U.S.C. 2805) is amended by striking ``102 or 103'' each place 
it appears and inserting ``102, 103, or 107''.
    (c) Conforming Amendments.--
        (1) In general.--Section 101(13) of the Petroleum Marketing 
    Practices Act (15 U.S.C. 2801(13)) is amended by aligning the 
    margin of subparagraph (C) with subparagraph (B).
        (2) Table of contents.--The table of contents of the Petroleum 
    Marketing Practices Act (15 U.S.C. 2801 note) is amended--
            (A) by inserting after the item relating to section 106 the 
        following:

``Sec. 107. Prohibition on restriction of installation of renewable fuel 
          pumps.'';

        and
            (B) by striking the item relating to section 202 and 
        inserting the following:

``Sec. 202. Automotive fuel rating testing and disclosure 
          requirements.''.

SEC. 242. RENEWABLE FUEL DISPENSER REQUIREMENTS.

    (a) Market Penetration Reports.--The Secretary, in consultation 
with the Secretary of Transportation, shall determine and report to 
Congress annually on the market penetration for flexible-fuel vehicles 
in use within geographic regions to be established by the Secretary.
    (b) Dispenser Feasibility Study.--Not later than 24 months after 
the date of enactment of this Act, the Secretary, in consultation with 
the Department of Transportation, shall report to the Congress on the 
feasibility of requiring motor fuel retailers to install E-85 
compatible dispensers and related systems at retail fuel facilities in 
regions where flexible-fuel vehicle market penetration has reached 15 
percent of motor vehicles. In conducting such study, the Secretary 
shall consider and report on the following factors:
        (1) The commercial availability of E-85 fuel and the number of 
    competing E-85 wholesale suppliers in a given region.
        (2) The level of financial assistance provided on an annual 
    basis by the Federal Government, State governments, and nonprofit 
    entities for the installation of E-85 compatible infrastructure.
        (3) The number of retailers whose retail locations are unable 
    to support more than 2 underground storage tank dispensers.
        (4) The expense incurred by retailers in the installation and 
    sale of E-85 compatible dispensers and related systems and any 
    potential effects on the price of motor vehicle fuel.

SEC. 243. ETHANOL PIPELINE FEASIBILITY STUDY.

    (a) In General.--The Secretary, in coordination with the Secretary 
of Transportation, shall conduct a study of the feasibility of the 
construction of pipelines dedicated to the transportation of ethanol.
    (b) Factors for Consideration.--In conducting the study under 
subsection (a), the Secretary shall take into consideration--
        (1) the quantity of ethanol production that would make 
    dedicated pipelines economically viable;
        (2) existing or potential barriers to the construction of 
    pipelines dedicated to the transportation of ethanol, 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 the risk and help ensure the construction of 1 or more 
    pipelines dedicated to the transportation of ethanol;
        (5) financial incentives that may be necessary for the 
    construction of pipelines dedicated to the transportation of 
    ethanol, 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, including identification of 
    remedial and preventive measures to ensure pipeline integrity; and
        (7) such other factors as the Secretary considers to be 
    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.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $1,000,000 for 
each of fiscal years 2008 and 2009, to remain available until expended.

SEC. 244. RENEWABLE FUEL INFRASTRUCTURE GRANTS.

    (a) Definition of Renewable Fuel Blend.--For purposes of this 
section, the term ``renewable fuel blend'' means a gasoline blend that 
contains not less than 11 percent, and not more than 85 percent, 
renewable fuel or diesel fuel that contains at least 10 percent 
renewable fuel.
    (b) Infrastructure Development Grants.--
        (1) Establishment.--The Secretary shall establish a program for 
    making grants for providing assistance to retail and wholesale 
    motor fuel dealers or other entities for the installation, 
    replacement, or conversion of motor fuel storage and dispensing 
    infrastructure to be used exclusively to store and dispense 
    renewable fuel blends.
        (2) Selection criteria.--Not later than 12 months after the 
    date of enactment of this Act, the Secretary shall establish 
    criteria for evaluating applications for grants under this 
    subsection that will maximize the availability and use of renewable 
    fuel blends, and that will ensure that renewable fuel blends are 
    available across the country. Such criteria shall provide for--
            (A) consideration of the public demand for each renewable 
        fuel blend in a particular geographic area based on State 
        registration records showing the number of flexible-fuel 
        vehicles;
            (B) consideration of the opportunity to create or expand 
        corridors of renewable fuel blend stations along interstate or 
        State highways;
            (C) consideration of the experience of each applicant with 
        previous, similar projects;
            (D) consideration of population, number of flexible-fuel 
        vehicles, number of retail fuel outlets, and saturation of 
        flexible-fuel vehicles; and
            (E) priority consideration to applications that--
                (i) are most likely to maximize displacement of 
            petroleum consumption, measured as a total quantity and a 
            percentage;
                (ii) are best able to incorporate existing 
            infrastructure while maximizing, to the extent practicable, 
            the use of renewable fuel blends; and
                (iii) 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.
        (3) Limitations.--Assistance provided under this subsection 
    shall not exceed--
            (A) 33 percent of the estimated cost of the installation, 
        replacement, or conversion of motor fuel storage and dispensing 
        infrastructure; or
            (B) $180,000 for a combination of equipment at any one 
        retail outlet location.
        (4) Operation of renewable fuel blend stations.--The Secretary 
    shall establish rules that set forth requirements for grant 
    recipients under this section that include providing to the public 
    the renewable fuel blends, establishing a marketing plan that 
    informs consumers of the price and availability of the renewable 
    fuel blends, clearly labeling the dispensers and related equipment, 
    and providing periodic reports on the status of the renewable fuel 
    blend sales, the type and amount of the renewable fuel blends 
    dispensed at each location, and the average price of such fuel.
        (5) Notification requirements.--Not later than the date on 
    which each renewable fuel blend station begins to offer renewable 
    fuel blends to the public, the grant recipient that used grant 
    funds to construct or upgrade such station shall notify the 
    Secretary of such opening. The Secretary shall add each new 
    renewable fuel blend station to the renewable fuel blend station 
    locator on its Website when it receives notification under this 
    subsection.
        (6) Double counting.--No person that receives a credit under 
    section 30C of the Internal Revenue Code of 1986 may receive 
    assistance under this section.
        (7) Reservation of funds.--The Secretary shall reserve funds 
    appropriated for the renewable fuel blends infrastructure 
    development grant program for technical and marketing assistance 
    described in subsection (c).
    (c) Retail Technical and Marketing Assistance.--The Secretary shall 
enter into contracts with entities with demonstrated experience in 
assisting retail fueling stations in installing refueling systems and 
marketing renewable fuel blends nationally, for the provision of 
technical and marketing assistance to recipients of grants under this 
section. Such assistance shall include--
        (1) technical advice for compliance with applicable Federal and 
    State environmental requirements;
        (2) help in identifying supply sources and securing long-term 
    contracts; and
        (3) provision of public outreach, education, and labeling 
    materials.
    (d) Refueling Infrastructure Corridors.--
        (1) In general.--The Secretary shall establish a competitive 
    grant pilot program (referred to in this subsection as the ``pilot 
    program''), to be administered through the Vehicle Technology 
    Deployment Program of the Department, 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 
    paragraph (2).
        (2) Grant purposes.--A grant under this subsection shall be 
    used for the establishment of refueling infrastructure corridors, 
    as designated by the Secretary, for renewable fuel blends, 
    including--
            (A) installation of infrastructure and equipment necessary 
        to ensure adequate distribution of renewable fuel blends within 
        the corridor;
            (B) installation of infrastructure and equipment necessary 
        to directly support vehicles powered by renewable fuel blends; 
        and
            (C) operation and maintenance of infrastructure and 
        equipment installed as part of a project funded by the grant.
        (3) Applications.--
            (A) Requirements.--
                (i) In general.--Subject to clause (ii), 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.
                (ii) Minimum requirements.--At a minimum, the Secretary 
            shall require that an application for a grant under this 
            subsection--

                    (I) be submitted by--

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

                    (II) include--

                        (aa) a description of the project proposed in 
                    the application, including the ways in which the 
                    project meets the requirements of this subsection;
                        (bb) an estimate of the degree of use of the 
                    project, including the estimated size of fleet of 
                    vehicles operated with renewable fuels blend 
                    available within the geographic region of the 
                    corridor, measured as a total quantity and a 
                    percentage;
                        (cc) 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;
                        (dd) a description of the means by which the 
                    project will be sustainable without Federal 
                    assistance after the completion of the term of the 
                    grant;
                        (ee) a complete description of the costs of the 
                    project, including acquisition, construction, 
                    operation, and maintenance costs over the expected 
                    life of the project; and
                        (ff) a description of which costs of the 
                    project will be supported by Federal assistance 
                    under this subsection.
            (B) Partners.--An applicant under subparagraph (A) may 
        carry out a project under the pilot program in partnership with 
        public and private entities.
        (4) Selection criteria.--In evaluating applications under the 
    pilot program, the Secretary shall--
            (A) consider the experience of each applicant with 
        previous, similar projects; and
            (B) give priority consideration to applications that--
                (i) are most likely to maximize displacement of 
            petroleum consumption, measured as a total quantity and a 
            percentage;
                (ii) are best able to incorporate existing 
            infrastructure while maximizing, to the extent practicable, 
            the use of advanced biofuels;
                (iii) 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;
                (iv) represent a partnership of public and private 
            entities; and
                (v) exceed the minimum requirements of paragraph 
            (3)(A)(ii).
        (5) Pilot project requirements.--
            (A) Maximum amount.--The Secretary shall provide not more 
        than $20,000,000 in Federal assistance under the pilot program 
        to any applicant.
            (B) Cost sharing.--The non-Federal share of the cost of any 
        activity relating to renewable fuel blend infrastructure 
        development carried out using funds from a grant under this 
        subsection shall be not less than 20 percent.
            (C) Maximum period of grants.--The Secretary shall not 
        provide funds to any applicant under the pilot program for more 
        than 2 years.
            (D) 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 
        subsection.
            (E) 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.
        (6) Schedule.--
            (A) Initial grants.--
                (i) 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.
                (ii) Deadline.--An application described in clause (i) 
            shall be submitted to the Secretary by not later than 180 
            days after the date of publication of the notice under that 
            clause.
                (iii) Initial selection.--Not later than 90 days after 
            the date by which applications for grants are due under 
            clause (ii), the Secretary shall select by competitive, 
            peer-reviewed proposal up to 5 applications for projects to 
            be awarded a grant under the pilot program.
            (B) Additional grants.--
                (i) 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.
                (ii) Deadline.--An application described in clause (i) 
            shall be submitted to the Secretary by not later than 180 
            days after the date of publication of the notice under that 
            clause.
                (iii) Initial selection.--Not later than 90 days after 
            the date by which applications for grants are due under 
            clause (ii), 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.
        (7) Reports to congress.--
            (A) Initial report.--Not later than 60 days after the date 
        on which grants are awarded under this subsection, the 
        Secretary shall submit to Congress a report containing--
                (i) an identification of the grant recipients and a 
            description of the projects to be funded under the pilot 
            program;
                (ii) an identification of other applicants that 
            submitted applications for the pilot program but to which 
            funding was not provided; and
                (iii) 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.
            (B) 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.
    (e) Restriction.--No grant shall be provided under subsection (b) 
or (c) to a large, vertically integrated oil company.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for carrying out this section 
$200,000,000 for each of the fiscal years 2008 through 2014.

SEC. 245. 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, in coordination with the 
    Secretary of Transportation, 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 and distribution infrastructure, equipment, 
        service and capacity to move the necessary quantities of 
        domestically-produced renewable fuel within the timeframes;
            (B)(i) consider the projected costs of moving the 
        domestically-produced renewable fuel by railroad and other 
        modes of 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 and distribution 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 adequate competition exists within and 
        between modes of transportation for the transportation and 
        distribution of domestically-produced renewable fuel and, 
        whether inadequate competition leads to an unfair price for the 
        transportation and distribution 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 and distribution 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
            (H) 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).

SEC. 246. FEDERAL FLEET FUELING CENTERS.

    (a) In General.--Not later than January 1, 2010, the head of each 
Federal agency shall install at least 1 renewable fuel pump at each 
Federal fleet fueling center in the United States under the 
jurisdiction of the head of the Federal agency.
    (b) Report.--Not later than October 31 of the first calendar year 
beginning after the date of the enactment of this Act, and each October 
31 thereafter, the President shall submit to Congress a report that 
describes the progress toward complying with subsection (a), including 
identifying--
        (1) the number of Federal fleet fueling centers that contain at 
    least 1 renewable fuel pump; and
        (2) the number of Federal fleet fueling centers that do not 
    contain any renewable fuel pumps.
    (c) Department of Defense Facility.--This section shall not apply 
to a Department of Defense fueling center with a fuel turnover rate of 
less than 100,000 gallons of fuel per year.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 247. STANDARD SPECIFICATIONS FOR BIODIESEL.

    Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by 
redesignating subsection (s) as subsection (t), redesignating 
subsection (r) (relating to conversion assistance for cellulosic 
biomass, waste-derived ethanol, approved renewable fuels) as subsection 
(s) and by adding the following new subsection at the end thereof:
    ``(u) Standard Specifications for Biodiesel.--(1) Unless the 
American Society for Testing and Materials has adopted a standard for 
diesel fuel containing 20 percent biodiesel (commonly known as `B20') 
within 1 year after the date of enactment of this subsection, the 
Administrator shall initiate a rulemaking to establish a uniform per 
gallon fuel standard for such fuel and designate an identification 
number so that vehicle manufacturers are able to design engines to use 
fuel meeting such standard.
    ``(2) Unless the American Society for Testing and Materials has 
adopted a standard for diesel fuel containing 5 percent biodiesel 
(commonly known as `B5') within 1 year after the date of enactment of 
this subsection, the Administrator shall initiate a rulemaking to 
establish a uniform per gallon fuel standard for such fuel and 
designate an identification so that vehicle manufacturers are able to 
design engines to use fuel meeting such standard.
    ``(3) Whenever the Administrator is required to initiate a 
rulemaking under paragraph (1) or (2), the Administrator shall 
promulgate a final rule within 18 months after the date of the 
enactment of this subsection.
    ``(4) Not later than 180 days after the enactment of this 
subsection, the Administrator shall establish an annual inspection and 
enforcement program to ensure that diesel fuel containing biodiesel 
sold or distributed in interstate commerce meets the standards 
established under regulations under this section, including testing and 
certification for compliance with applicable standards of the American 
Society for Testing and Materials. There are authorized to be 
appropriated to carry out the inspection and enforcement program under 
this paragraph $3,000,000 for each of fiscal years 2008 through 2010.
    ``(5) For purposes of this subsection, the term `biodiesel' has the 
meaning provided by section 312(f) of Energy Policy Act of 1992 (42 
U.S.C. 13220(f)).''.

SEC. 248. BIOFUELS DISTRIBUTION AND ADVANCED BIOFUELS INFRASTRUCTURE.

    (a) In General.--The Secretary, in coordination with the Secretary 
of Transportation and in consultation with the Administrator of the 
Environmental Protection Agency, shall carry out a program of research, 
development, and demonstration relating to existing transportation fuel 
distribution infrastructure and new alternative distribution 
infrastructure.
    (b) Focus.--The program described in subsection (a) shall focus on 
the physical and chemical properties of biofuels and efforts to prevent 
or mitigate against adverse impacts of those properties in the areas 
of--
        (1) corrosion of metal, plastic, rubber, cork, fiberglass, 
    glues, or any other material used in pipes and storage tanks;
        (2) dissolving of storage tank sediments;
        (3) clogging of filters;
        (4) contamination from water or other adulterants or 
    pollutants;
        (5) poor flow properties related to low temperatures;
        (6) oxidative and thermal instability in long-term storage and 
    uses;
        (7) microbial contamination;
        (8) problems associated with electrical conductivity; and
        (9) such other areas as the Secretary considers appropriate.

                  Subtitle D--Environmental Safeguards

SEC. 251. WAIVER FOR FUEL OR FUEL ADDITIVES.

    Section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)) is 
amended to read as follows:
    ``(4) The Administrator, upon application of any manufacturer of 
any fuel or fuel additive, may waive the prohibitions established under 
paragraph (1) or (3) of this subsection or the limitation specified in 
paragraph (2) of this subsection, if he determines that the applicant 
has established that such fuel or fuel additive or a specified 
concentration thereof, and the emission products of such fuel or fuel 
additive or specified concentration thereof, will not cause or 
contribute to a failure of any emission control device or system (over 
the useful life of the motor vehicle, motor vehicle engine, nonroad 
engine or nonroad vehicle in which such device or system is used) to 
achieve compliance by the vehicle or engine with the emission standards 
with respect to which it has been certified pursuant to sections 206 
and 213(a). The Administrator shall take final action to grant or deny 
an application submitted under this paragraph, after public notice and 
comment, within 270 days of the receipt of such an application.''.

TITLE III--ENERGY SAVINGS THROUGH IMPROVED STANDARDS FOR APPLIANCE AND 
                                LIGHTING
                Subtitle A--Appliance Energy Efficiency

SEC. 301. EXTERNAL POWER SUPPLY EFFICIENCY STANDARDS.

    (a) Definitions.--Section 321 of the Energy Policy and Conservation 
Act (42 U.S.C. 6291) is amended--
        (1) in paragraph (36)--
            (A) by striking ``(36) The'' and inserting the following:
        ``(36) External power supply.--
            ``(A) In general.--The''; and
            (B) by adding at the end the following:
            ``(B) Active mode.--The term `active mode' means the mode 
        of operation when an external power supply is connected to the 
        main electricity supply and the output is connected to a load.
            ``(C) Class a external power supply.--
                ``(i) In general.--The term `class A external power 
            supply' means a device that--

                    ``(I) is designed to convert line voltage AC input 
                into lower voltage AC or DC output;
                    ``(II) is able to convert to only 1 AC or DC output 
                voltage at a time;
                    ``(III) is sold with, or intended to be used with, 
                a separate end-use product that constitutes the primary 
                load;
                    ``(IV) is contained in a separate physical 
                enclosure from the end-use product;
                    ``(V) is connected to the end-use product via a 
                removable or hard-wired male/female electrical 
                connection, cable, cord, or other wiring; and
                    ``(VI) has nameplate output power that is less than 
                or equal to 250 watts.

                ``(ii) Exclusions.--The term `class A external power 
            supply' does not include any device that--

                    ``(I) requires Federal Food and Drug Administration 
                listing and approval as a medical device in accordance 
                with section 513 of the Federal Food, Drug, and 
                Cosmetic Act (21 U.S.C. 360c); or
                    ``(II) powers the charger of a detachable battery 
                pack or charges the battery of a product that is fully 
                or primarily motor operated.

            ``(D) No-load mode.--The term `no-load mode' means the mode 
        of operation when an external power supply is connected to the 
        main electricity supply and the output is not connected to a 
        load.''; and
        (2) by adding at the end the following:
        ``(52) Detachable battery.--The term `detachable battery' means 
    a battery that is--
            ``(A) contained in a separate enclosure from the product; 
        and
            ``(B) intended to be removed or disconnected from the 
        product for recharging.''.
    (b) Test Procedures.--Section 323(b) of the Energy Policy and 
Conservation Act (42 U.S.C. 6293(b)) is amended by adding at the end 
the following:
        ``(17) Class a external power supplies.--Test procedures for 
    class A external power supplies shall be based on the `Test Method 
    for Calculating the Energy Efficiency of Single-Voltage External 
    AC-DC and AC-AC Power Supplies' published by the Environmental 
    Protection Agency on August 11, 2004, except that the test voltage 
    specified in section 4(d) of that test method shall be only 115 
    volts, 60 Hz.''.
    (c) Efficiency Standards for Class A External Power Supplies.--
Section 325(u) of the Energy Policy and Conservation Act (42 U.S.C. 
6295(u)) is amended by adding at the end the following:
        ``(6) Efficiency standards for class a external power 
    supplies.--
            ``(A) In general.--Subject to subparagraphs (B) through 
        (D), a class A external power supply manufactured on or after 
        the later of July 1, 2008, or the date of enactment of this 
        paragraph shall meet the following standards:


------------------------------------------------------------------------
                              ``Active Mode
-------------------------------------------------------------------------
                                         Required Efficiency (decimal
         ``Nameplate Output               equivalent of a percentage)
------------------------------------------------------------------------
Less than 1 watt                      0.5 times the Nameplate Output
------------------------------------------------------------------------
From 1 watt to not more than 51       The sum of 0.09 times the Natural
 watts                                 Logarithm of the Nameplate Output
                                       and 0.5
------------------------------------------------------------------------
Greater than 51 watts                 0.85
------------------------------------------------------------------------
``No-Load Mode
``Nameplate Output                    Maximum Consumption
------------------------------------------------------------------------
Not more than 250 watts               0.5 watts
------------------------------------------------------------------------


            ``(B) Noncovered supplies.--A class A external power supply 
        shall not be subject to subparagraph (A) if the class A 
        external power supply is--
                ``(i) manufactured during the period beginning on July 
            1, 2008, and ending on June 30, 2015; and
                ``(ii) made available by the manufacturer as a service 
            part or a spare part for an end-use product--

                    ``(I) that constitutes the primary load; and
                    ``(II) was manufactured before July 1, 2008.

            ``(C) Marking.--Any class A external power supply 
        manufactured on or after the later of July 1, 2008 or the date 
        of enactment of this paragraph shall be clearly and permanently 
        marked in accordance with the External Power Supply 
        International Efficiency Marking Protocol, as referenced in the 
        `Energy Star Program Requirements for Single Voltage External 
        AC-DC and AC-AC Power Supplies, version 1.1' published by the 
        Environmental Protection Agency.
            ``(D) Amendment of standards.--
                ``(i) Final rule by july 1, 2011.--

                    ``(I) In general.--Not later than July 1, 2011, the 
                Secretary shall publish a final rule to determine 
                whether the standards established under subparagraph 
                (A) should be amended.
                    ``(II) Administration.--The final rule shall--

                        ``(aa) contain any amended standards; and
                        ``(bb) apply to products manufactured on or 
                    after July 1, 2013.
                ``(ii) Final rule by july 1, 2015.--

                    ``(I) In general.--Not later than July 1, 2015 the 
                Secretary shall publish a final rule to determine 
                whether the standards then in effect should be amended.
                    ``(II) Administration.--The final rule shall--

                        ``(aa) contain any amended standards; and
                        ``(bb) apply to products manufactured on or 
                    after July 1, 2017.
        ``(7) End-use products.--An energy conservation standard for 
    external power supplies shall not constitute an energy conservation 
    standard for the separate end-use product to which the external 
    power supplies is connected.''.

SEC. 302. UPDATING APPLIANCE TEST PROCEDURES.

    (a) Consumer Appliances.--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) Industrial Equipment.--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.''.

SEC. 303. RESIDENTIAL BOILERS.

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


------------------------------------------------------------------------
                                      Minimum Annual
            Boiler Type              Fuel Utilization        Design
                                        Efficiency        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) 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 a tankless domestic water heating 
            coil) with 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) Single input rate.--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.
            ``(C) Exception.--A boiler that is manufactured to operate 
        without any need for electricity or any electric connection, 
        electric gauges, electric pumps, electric wires, or electric 
        devices shall not be required to meet the requirements of this 
        paragraph.''.

SEC. 304. FURNACE FAN STANDARD PROCESS.

    Paragraph (4)(D) of section 325(f) of the Energy Policy and 
Conservation Act (42 U.S.C. 6295(f)) (as redesignated by section 
303(4)) is amended by striking ``the Secretary may'' and inserting 
``not later than December 31, 2013, the Secretary shall''.

SEC. 305. IMPROVING SCHEDULE FOR STANDARDS UPDATING AND CLARIFYING 
              STATE AUTHORITY.

    (a) Consumer Appliances.--Section 325 of the Energy Policy and 
Conservation Act (42 U.S.C. 6295) is amended by striking subsection (m) 
and inserting the following:
    ``(m) Amendment of Standards.--
        ``(1) In general.--Not later than 6 years after issuance of any 
    final rule establishing or amending a standard, as required for a 
    product under this part, the Secretary shall publish--
            ``(A) a notice of the determination of the Secretary that 
        standards for the product do not need to be amended, based on 
        the criteria established under subsection (n)(2); or
            ``(B) a notice of proposed rulemaking including new 
        proposed standards based on the criteria established under 
        subsection (o) and the procedures established under subsection 
        (p).
        ``(2) Notice.--If the Secretary publishes a notice under 
    paragraph (1), the Secretary shall--
            ``(A) publish a notice stating that the analysis of the 
        Department is publicly available; and
            ``(B) provide an opportunity for written comment.
        ``(3) Amendment of standard; new determination.--
            ``(A) Amendment of standard.--Not later than 2 years after 
        a notice is issued under paragraph (1)(B), the Secretary shall 
        publish a final rule amending the standard for the product.
            ``(B) New determination.--Not later than 3 years after a 
        determination under paragraph (1)(A), the Secretary shall make 
        a new determination and publication under subparagraph (A) or 
        (B) of paragraph (1).
        ``(4) Application to products.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        an amendment prescribed under this subsection shall apply to--
                ``(i) with respect to refrigerators, refrigerator-
            freezers, freezers, room air conditioners, dishwashers, 
            clothes washers, clothes dryers, fluorescent lamp ballasts, 
            and kitchen ranges and ovens, such a product that is 
            manufactured after the date that is 3 years after 
            publication of the final rule establishing an applicable 
            standard; and
                ``(ii) with respect to central air conditioners, heat 
            pumps, water heaters, pool heaters, direct heating 
            equipment, and furnaces, such a product that is 
            manufactured after the date that is 5 years after 
            publication of the final rule establishing an applicable 
            standard.
            ``(B) Other new standards.--A manufacturer shall not be 
        required to apply new standards to a product with respect to 
        which other new standards have been required during the prior 
        6-year period.
        ``(5) Reports.--The Secretary shall promptly submit to the 
    Committee on Energy and Commerce of the House of Representatives 
    and the Committee on Energy and Natural Resources of the Senate--
            ``(A) a progress report every 180 days on compliance with 
        this section, including a specific plan to remedy any failures 
        to comply with deadlines for action established under this 
        section; and
            ``(B) all required reports to the Court or to any party to 
        the Consent Decree in State of New York v Bodman, Consolidated 
        Civil Actions No. 05 Civ. 7807 and No. 05 Civ. 7808.''.
    (b) Industrial Equipment.--Section 342(a)(6) of the Energy Policy 
and Conservation Act (42 U.S.C. 6313(a)(6)) is amended--
        (1) by redesignating subparagraph (C) as subparagraph (D); and
        (2) by striking ``(6)(A)(i)'' and all that follows through the 
    end of subparagraph (B) 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.

            ``(B) 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.
            ``(C) Amendment of standard.--
                ``(i) In general.--Not later than 6 years after 
            issuance of any final rule establishing or amending a 
            standard, as required for a product under this part, the 
            Secretary shall publish--

                    ``(I) a notice of the determination of the 
                Secretary that standards for the product do not need to 
                be amended, based on the criteria established under 
                subparagraph (A); or
                    ``(II) a notice of proposed rulemaking including 
                new proposed standards based on the criteria and 
                procedures established under subparagraph (B).

                ``(ii) Notice.--If the Secretary publishes a notice 
            under clause (i), the Secretary shall--

                    ``(I) publish a notice stating that the analysis of 
                the Department is publicly available; and
                    ``(II) provide an opportunity for written comment.

                ``(iii) Amendment of standard; new determination.--

                    ``(I) Amendment of standard.--Not later than 2 
                years after a notice is issued under clause (i)(II), 
                the Secretary shall publish a final rule amending the 
                standard for the product.
                    ``(II) New determination.--Not later than 3 years 
                after a determination under clause (i)(I), the 
                Secretary shall make a new determination and 
                publication under subclause (I) or (II) of clause (i).

                ``(iv) Application to products.--An amendment 
            prescribed under this subsection shall apply to products 
            manufactured after a date that is the later of--

                    ``(I) the date that is 3 years after publication of 
                the final rule establishing a new standard; or
                    ``(II) the date that is 6 years after the effective 
                date of the current standard for a covered product.

                ``(v) Reports.--The Secretary shall promptly submit to 
            the Committee on Energy and Commerce of the House of 
            Representatives and the Committee on Energy and Natural 
            Resources of the Senate a progress report every 180 days on 
            compliance with this subparagraph, including a specific 
            plan to remedy any failures to comply with deadlines for 
            action established under this subparagraph.''.

SEC. 306. REGIONAL STANDARDS FOR FURNACES, CENTRAL AIR CONDITIONERS, 
              AND HEAT PUMPS.

    (a) In General.--Section 325(o) of the Energy Policy and 
Conservation Act (42 U.S.C. 6295(o)) is amended by adding at the end 
the following:
        ``(6) Regional standards for furnaces, central air 
    conditioners, and heat pumps.--
            ``(A) In general.--In any rulemaking to establish a new or 
        amended standard, the Secretary may consider the establishment 
        of separate standards by geographic region for furnaces (except 
        boilers), central air conditioners, and heat pumps.
            ``(B) National and regional standards.--
                ``(i) National standard.--If the Secretary establishes 
            a regional standard for a product, the Secretary shall 
            establish a base national standard for the product.
                ``(ii) Regional standards.--If the Secretary 
            establishes a regional standard for a product, the 
            Secretary may establish more restrictive standards for the 
            product by geographic region as follows:

                    ``(I) For furnaces, the Secretary may establish 1 
                additional standard that is applicable in a geographic 
                region defined by the Secretary.
                    ``(II) For any cooling product, the Secretary may 
                establish 1 or 2 additional standards that are 
                applicable in 1 or 2 geographic regions as may be 
                defined by the Secretary.

            ``(C) Boundaries of geographic regions.--
                ``(i) In general.--Subject to clause (ii), the 
            boundaries of additional geographic regions established by 
            the Secretary under this paragraph shall include only 
            contiguous States.
                ``(ii) Alaska and hawaii.--The States of Alaska and 
            Hawaii may be included under this paragraph in a geographic 
            region that the States are not contiguous to.
                ``(iii) Individual states.--Individual States shall be 
            placed only into a single region under this paragraph.
            ``(D) Prerequisites.--In establishing additional regional 
        standards under this paragraph, the Secretary shall--
                ``(i) establish additional regional standards only if 
            the Secretary determines that--

                    ``(I) the establishment of additional regional 
                standards will produce significant energy savings in 
                comparison to establishing only a single national 
                standard; and
                    ``(II) the additional regional standards are 
                economically justified under this paragraph; and

                ``(ii) consider the impact of the additional regional 
            standards on consumers, manufacturers, and other market 
            participants, including product distributors, dealers, 
            contractors, and installers.
            ``(E) Application; effective date.--
                ``(i) Base national standard.--Any base national 
            standard established for a product under this paragraph 
            shall--

                    ``(I) be the minimum standard for the product; and
                    ``(II) apply to all products manufactured or 
                imported into the United States on and after the 
                effective date for the standard.

                ``(ii) Regional standards.--Any additional and more 
            restrictive regional standard established for a product 
            under this paragraph shall apply to any such product 
            installed on or after the effective date of the standard in 
            States in which the Secretary has designated the standard 
            to apply.
            ``(F) Continuation of regional standards.--
                ``(i) In general.--In any subsequent rulemaking for any 
            product for which a regional standard has been previously 
            established, the Secretary shall determine whether to 
            continue the establishment of separate regional standards 
            for the product.
                ``(ii) Regional standard no longer appropriate.--Except 
            as provided in clause (iii), if the Secretary determines 
            that regional standards are no longer appropriate for a 
            product, beginning on the effective date of the amended 
            standard for the product--

                    ``(I) there shall be 1 base national standard for 
                the product with Federal enforcement; and
                    ``(II) State authority for enforcing a regional 
                standard for the product shall terminate.

                ``(iii) Regional standard appropriate but standard or 
            region changed.--

                    ``(I) State no longer contained in region.--Subject 
                to subclause (III), if a State is no longer contained 
                in a region in which a regional standard that is more 
                stringent than the base national standard applies, the 
                authority of the State to enforce the regional standard 
                shall terminate.
                    ``(II) Standard or region revised so that existing 
                regional standard equals base national standard.--If 
                the Secretary revises a base national standard for a 
                product or the geographic definition of a region so 
                that an existing regional standard for a State is equal 
                to the revised base national standard--

                        ``(aa) the authority of the State to enforce 
                    the regional standard shall terminate on the 
                    effective date of the revised base national 
                    standard; and
                        ``(bb) the State shall be subject to the 
                    revised base national standard.

                    ``(III) Standard or region revised so that existing 
                regional standard equals base national standard.--If 
                the Secretary revises a base national standard for a 
                product or the geographic definition of a region so 
                that the standard for a State is lower than the 
                previously approved regional standard, the State may 
                continue to enforce the previously approved standard 
                level.

                ``(iv) Waiver of federal preemption.--Nothing in this 
            paragraph diminishes the authority of a State to enforce a 
            State regulation for which a waiver of Federal preemption 
            has been granted under section 327(d).
            ``(G) Enforcement.--
                ``(i) Base national standard.--

                    ``(I) In general.--The Secretary shall enforce any 
                base national standard.
                    ``(II) Trade association certification programs.--
                In enforcing the base national standard, the Secretary 
                shall use, to the maximum extent practicable, national 
                standard nationally recognized certification programs 
                of trade associations.

                ``(ii) Regional standards.--

                    ``(I) Enforcement plan.--Not later than 90 days 
                after the date of the issuance of a final rule that 
                establishes a regional standard, the Secretary shall 
                initiate a rulemaking to develop and implement an 
                effective enforcement plan for regional standards for 
                the products that are covered by the final rule.
                    ``(II) Responsible entities.--Any rules regarding 
                enforcement of a regional standard shall clearly 
                specify which entities are legally responsible for 
                compliance with the standards and for making any 
                required information or labeling disclosures.
                    ``(III) Final rule.--Not later than 15 months after 
                the date of the issuance of a final rule that 
                establishes a regional standard for a product, the 
                Secretary shall promulgate a final rule covering 
                enforcement of regional standards for the product.
                    ``(IV) Incorporation by states and localities.--A 
                State or locality may incorporate any Federal regional 
                standard into State or local building codes or State 
                appliance standards.
                    ``(V) State enforcement.--A State agency may seek 
                enforcement of a Federal regional standard in a Federal 
                court of competent jurisdiction.

            ``(H) Information disclosure.--
                ``(i) In general.--Not later than 90 days after the 
            date of the publication of a final rule that establishes a 
            regional standard for a product, the Federal Trade 
            Commission shall undertake a rulemaking to determine the 
            appropriate 1 or more methods for disclosing information so 
            that consumers, distributors, contractors, and installers 
            can easily determine whether a specific piece of equipment 
            that is installed in a specific building is in conformance 
            with the regional standard that applies to the building.
                ``(ii) Methods.--A method of disclosing information 
            under clause (i) may include--

                    ``(I) modifications to the Energy Guide label; or
                    ``(II) other methods that make it easy for 
                consumers and installers to use and understand at the 
                point of installation.

                ``(iii) Completion of rulemaking.--The rulemaking shall 
            be completed not later 15 months after the date of the 
            publication of a final rule that establishes a regional 
            standard for a product.''.
    (b) Prohibited Acts.--Section 332(a) of the Energy Policy and 
Conservation Act (42 U.S.C. 6302(a)) is amended--
        (1) in paragraph (4), by striking ``or'' after the semicolon at 
    the end;
        (2) in paragraph (5), by striking ``part.'' and inserting 
    ``part, except to the extent that the new covered product is 
    covered by a regional standard that is more stringent than the base 
    national standard; or''; and
        (3) by adding at the end the following:
        ``(6) for any manufacturer or private labeler to knowingly sell 
    a product to a distributor, contractor, or dealer with knowledge 
    that the entity routinely violates any regional standard applicable 
    to the product.''.
    (c) Consideration of Prices and Operating Patterns.--Section 
342(a)(6)(B) of the Energy Policy and Conservation Act (42 U.S.C. 
6313(a)(6)(B)) is amended by adding at the end the following:
                ``(iii) Consideration of prices and operating 
            patterns.--If the Secretary is considering revised 
            standards for air-cooled 3-phase central air conditioners 
            and central air conditioning heat pumps with less 65,000 
            Btu per hour (cooling capacity), the Secretary shall use 
            commercial energy prices and operating patterns in all 
            analyses conducted by the Secretary.''.

SEC. 307. PROCEDURE FOR PRESCRIBING NEW OR AMENDED STANDARDS.

    Section 325(p) of the Energy Policy and Conservation Act (42 U.S.C. 
6925(p)) is amended--
        (1) by striking paragraph (1); and
        (2) by redesignating paragraphs (2) through (4) as paragraphs 
    (1) through (3), respectively.

SEC. 308. 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)) 
(as amended by section 307) is amended by adding at the end the 
following:
        ``(4) 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 solicit public 
        comment for a period of at least 110 days with respect to each 
        direct final rule issued by the Secretary under subparagraph 
        (A)(i).
            ``(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) or any alternative joint 
                recommendation; and
                    ``(II) based on the rulemaking record relating to 
                the direct final rule, the Secretary determines that 
                such adverse public comments or alternative joint 
                recommendation may provide a reasonable basis for 
                withdrawing the direct final rule 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. 309. BATTERY CHARGERS.

    Section 325(u)(1)(E) of the Energy Policy and Conservation Act (42 
U.S.C. 6295(u)(1)(E)) is amended--
        (1) by striking ``(E)(i) Not'' and inserting the following:
            ``(E) External power supplies and battery chargers.--
                ``(i) Energy conservation standards.--

                    ``(I) External power supplies.--Not'';

        (2) by striking ``3 years'' and inserting ``2 years'';
        (3) by striking ``battery chargers and'' each place it appears; 
    and
        (4) by adding at the end the following:

                    ``(II) Battery chargers.--Not later than July 1, 
                2011, the Secretary shall issue a final rule that 
                prescribes energy conservation standards for battery 
                chargers or classes of battery chargers or determine 
                that no energy conservation standard is technically 
                feasible and economically justified.''.

SEC. 310. STANDBY MODE.

    Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 
6295) is amended--
        (1) in subsection (u)--
            (A) by striking paragraphs (2), (3), and (4); and
            (B) by redesignating paragraphs (5) and (6) as paragraphs 
        (2) and (3), respectively;
        (2) by redesignating subsection (gg) as subsection (hh);
        (3) by inserting after subsection (ff) the following:
    ``(gg) Standby Mode Energy Use.--
        ``(1) Definitions.--
            ``(A) In general.--Unless the Secretary determines 
        otherwise pursuant to subparagraph (B), in this subsection:
                ``(i) Active mode.--The term `active mode' means the 
            condition in which an energy-using product--

                    ``(I) is connected to a main power source;
                    ``(II) has been activated; and
                    ``(III) provides 1 or more main functions.

                ``(ii) Off mode.--The term `off mode' means the 
            condition in which an energy-using product--

                    ``(I) is connected to a main power source; and
                    ``(II) is not providing any standby or active mode 
                function.

                ``(iii) Standby mode.--The term `standby mode' means 
            the condition in which an energy-using product--

                    ``(I) is connected to a main power source; and
                    ``(II) offers 1 or more of the following user-
                oriented or protective functions:

                        ``(aa) To facilitate the activation or 
                    deactivation of other functions (including active 
                    mode) by remote switch (including remote control), 
                    internal sensor, or timer.
                        ``(bb) Continuous functions, including 
                    information or status displays (including clocks) 
                    or sensor-based functions.
            ``(B) Amended definitions.--The Secretary may, by rule, 
        amend the definitions under subparagraph (A), taking into 
        consideration the most current versions of Standards 62301 and 
        62087 of the International Electrotechnical Commission.
        ``(2) Test procedures.--
            ``(A) In general.--Test procedures for all covered products 
        shall be amended pursuant to section 323 to include standby 
        mode and off mode energy consumption, taking into consideration 
        the most current versions of Standards 62301 and 62087 of the 
        International Electrotechnical Commission, with such energy 
        consumption integrated into the overall energy efficiency, 
        energy consumption, or other energy descriptor for each covered 
        product, unless the Secretary determines that--
                ``(i) the current test procedures for a covered product 
            already fully account for and incorporate the standby mode 
            and off mode energy consumption of the covered product; or
                ``(ii) such an integrated test procedure is technically 
            infeasible for a particular covered product, in which case 
            the Secretary shall prescribe a separate standby mode and 
            off mode energy use test procedure for the covered product, 
            if technically feasible.
            ``(B) Deadlines.--The test procedure amendments required by 
        subparagraph (A) shall be prescribed in a final rule no later 
        than the following dates:
                ``(i) December 31, 2008, for battery chargers and 
            external power supplies.
                ``(ii) March 31, 2009, for clothes dryers, room air 
            conditioners, and fluorescent lamp ballasts.
                ``(iii) June 30, 2009, for residential clothes washers.
                ``(iv) September 30, 2009, for residential furnaces and 
            boilers.
                ``(v) March 31, 2010, for residential water heaters, 
            direct heating equipment, and pool heaters.
                ``(vi) March 31, 2011, for residential dishwashers, 
            ranges and ovens, microwave ovens, and dehumidifiers.
            ``(C) Prior product standards.--The test procedure 
        amendments adopted pursuant to subparagraph (B) shall not be 
        used to determine compliance with product standards established 
        prior to the adoption of the amended test procedures.
        ``(3) Incorporation into standard.--
            ``(A) In general.--Subject to subparagraph (B), based on 
        the test procedures required under paragraph (2), any final 
        rule establishing or revising a standard for a covered product, 
        adopted after July 1, 2010, shall incorporate standby mode and 
        off mode energy use into a single amended or new standard, 
        pursuant to subsection (o), if feasible.
            ``(B) Separate standards.--If not feasible, the Secretary 
        shall prescribe within the final rule a separate standard for 
        standby mode and off mode energy consumption, if justified 
        under subsection (o).''; and
        (4) in paragraph (2) of subsection (hh) (as redesignated by 
    paragraph (2)), by striking ``(ff)'' each place it appears and 
    inserting ``(gg)''.

SEC. 311. ENERGY STANDARDS FOR HOME APPLIANCES.

    (a) Appliances.--
        (1) Dehumidifiers.--Section 325(cc) of the Energy Policy and 
    Conservation Act (42 U.S.C. 6295(cc)) is amended 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:

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


        (2) Residential clothes washers and residential dishwashers.--
    Section 325(g) of the Energy Policy and Conservation Act (42 U.S.C. 
    6295(g)) is amended by adding at the end the following:
        ``(9) Residential clothes washers manufactured on or after 
    january 1, 2011.--
            ``(A) In general.--A top-loading or front-loading standard-
        size 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.
            ``(B) Amendment of standards.--
                ``(i) In general.--Not later than December 31, 2011, 
            the Secretary shall publish a final rule determining 
            whether to amend the standards in effect for clothes 
            washers manufactured on or after January 1, 2015.
                ``(ii) Amended standards.--The final rule shall contain 
            any amended standards.
        ``(10) Residential dishwashers manufactured on or after january 
    1, 2010.--
            ``(A) In general.--A dishwasher manufactured on or after 
        January 1, 2010, shall--
                ``(i) for a standard size dishwasher not exceed 355 
            kWh/year and 6.5 gallons per cycle; and
                ``(ii) for a compact size dishwasher not exceed 260 
            kWh/year and 4.5 gallons per cycle.
            ``(B) Amendment of standards.--
                ``(i) In general.--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.
                ``(ii) Amended standards.--The final rule shall contain 
            any amended standards.''.
        (3) Refrigerators 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 and freezers manufactured on or after 
    january 1, 2014.--
            ``(A) In general.--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.
            ``(B) Amended standards.--The final rule shall contain any 
        amended standards.''.
    (b) Energy Star.--Section 324A(d)(2) of the Energy Policy and 
Conservation Act (42 U.S.C. 6294a(d)(2)) is amended by striking 
``January 1, 2010'' and inserting ``July 1, 2009''.

SEC. 312. WALK-IN COOLERS AND WALK-IN FREEZERS.

    (a) Definitions.--Section 340 of the Energy Policy and Conservation 
Act (42 U.S.C. 6311) is amended--
        (1) in paragraph (1)--
            (A) by redesignating subparagraphs (G) through (K) as 
        subparagraphs (H) through (L), respectively; and
            (B) by inserting after subparagraph (F) the following:
            ``(G) Walk-in coolers and walk-in freezers.'';
        (2) by redesignating paragraphs (20) and (21) as paragraphs 
    (21) and (22), respectively; and
        (3) by inserting after paragraph (19) the following:
        ``(20) Walk-in cooler; walk-in freezer.--
            ``(A) In general.--The terms `walk-in cooler' and `walk-in 
        freezer' mean an enclosed storage space refrigerated to 
        temperatures, respectively, above, and at or below 32 degrees 
        Fahrenheit that can be walked into, and has a total chilled 
        storage area of less than 3,000 square feet.
            ``(B) Exclusion.--The terms `walk-in cooler' and `walk-in 
        freezer' do not include products designed and marketed 
        exclusively for medical, scientific, or research purposes.''.
    (b) Standards.--Section 342 of the Energy Policy and Conservation 
Act (42 U.S.C. 6313) is amended by adding at the end the following:
    ``(f) Walk-In Coolers and Walk-In Freezers.--
        ``(1) In general.--Subject to paragraphs (2) through (5), each 
    walk-in cooler or walk-in freezer manufactured on or after January 
    1, 2009, shall--
            ``(A) have automatic door closers that firmly close all 
        walk-in doors that have been closed to within 1 inch of full 
        closure, except that this subparagraph shall not apply to doors 
        wider than 3 feet 9 inches or taller than 7 feet;
            ``(B) have strip doors, spring hinged doors, or other 
        method of minimizing infiltration when doors are open;
            ``(C) contain wall, ceiling, and door insulation of at 
        least R-25 for coolers and R-32 for freezers, except that this 
        subparagraph shall not apply to glazed portions of doors nor to 
        structural members;
            ``(D) contain floor insulation of at least R-28 for 
        freezers;
            ``(E) for evaporator fan motors of under 1 horsepower and 
        less than 460 volts, use--
                ``(i) electronically commutated motors (brushless 
            direct current motors); or
                ``(ii) 3-phase motors;
            ``(F) for condenser fan motors of under 1 horsepower, use--
                ``(i) electronically commutated motors;
                ``(ii) permanent split capacitor-type motors; or
                ``(iii) 3-phase motors; and
            ``(G) for all interior lights, use light sources with an 
        efficacy of 40 lumens per watt or more, including ballast 
        losses (if any), except that light sources with an efficacy of 
        40 lumens per watt or less, including ballast losses (if any), 
        may be used in conjunction with a timer or device that turns 
        off the lights within 15 minutes of when the walk-in cooler or 
        walk-in freezer is not occupied by people.
        ``(2) Electronically commutated motors.--
            ``(A) In general.--The requirements of paragraph (1)(E)(i) 
        for electronically commutated motors shall take effect January 
        1, 2009, unless, prior to that date, the Secretary determines 
        that such motors are only available from 1 manufacturer.
            ``(B) Other types of motors.--In carrying out paragraph 
        (1)(E)(i) and subparagraph (A), the Secretary may allow other 
        types of motors if the Secretary determines that, on average, 
        those other motors use no more energy in evaporator fan 
        applications than electronically commutated motors.
            ``(C) Maximum energy consumption level.--The Secretary 
        shall establish the maximum energy consumption level under 
        subparagraph (B) not later than January 1, 2010.
        ``(3) Additional specifications.--Each walk-in cooler or walk-
    in freezer with transparent reach-in doors manufactured on or after 
    January 1, 2009, shall also meet the following specifications:
            ``(A) Transparent reach-in doors for walk-in freezers and 
        windows in walk-in freezer doors shall be of triple-pane glass 
        with either heat-reflective treated glass or gas fill.
            ``(B) Transparent reach-in doors for walk-in coolers and 
        windows in walk-in cooler doors shall be--
                ``(i) double-pane glass with heat-reflective treated 
            glass and gas fill; or
                ``(ii) triple-pane glass with either heat-reflective 
            treated glass or gas fill.
            ``(C) If the appliance has an antisweat heater without 
        antisweat heat controls, the appliance shall have a total door 
        rail, glass, and frame heater power draw of not more than 7.1 
        watts per square foot of door opening (for freezers) and 3.0 
        watts per square foot of door opening (for coolers).
            ``(D) If the appliance has an antisweat heater with 
        antisweat heat controls, and the total door rail, glass, and 
        frame heater power draw is more than 7.1 watts per square foot 
        of door opening (for freezers) and 3.0 watts per square foot of 
        door opening (for coolers), the antisweat heat controls shall 
        reduce the energy use of the antisweat heater in a quantity 
        corresponding to the relative humidity in the air outside the 
        door or to the condensation on the inner glass pane.
        ``(4) Performance-based standards.--
            ``(A) In general.--Not later than January 1, 2012, the 
        Secretary shall publish performance-based standards for walk-in 
        coolers and walk-in freezers that achieve the maximum 
        improvement in energy that the Secretary determines is 
        technologically feasible and economically justified.
            ``(B) Application.--
                ``(i) In general.--Except as provided in clause (ii), 
            the standards shall apply to products described in 
            subparagraph (A) that are manufactured beginning on the 
            date that is 3 years after the final rule is published.
                ``(ii) Delayed effective date.--If the Secretary 
            determines, by rule, that a 3-year period is inadequate, 
            the Secretary may establish an effective date for products 
            manufactured beginning on the date that is not more than 5 
            years after the date of publication of a final rule for the 
            products.
        ``(5) Amendment of standards.--
            ``(A) In general.--Not later than January 1, 2020, the 
        Secretary shall publish a final rule to determine if the 
        standards established under paragraph (4) should be amended.
            ``(B) Application.--
                ``(i) In general.--Except as provided in clause (ii), 
            the rule shall provide that the standards shall apply to 
            products manufactured beginning on the date that is 3 years 
            after the final rule is published.
                ``(ii) Delayed effective date.--If the Secretary 
            determines, by rule, that a 3-year period is inadequate, 
            the Secretary may establish an effective date for products 
            manufactured beginning on the date that is not more than 5 
            years after the date of publication of a final rule for the 
            products.''.
    (c) Test Procedures.--Section 343(a) of the Energy Policy and 
Conservation Act (42 U.S.C. 6314(a)) is amended by adding at the end 
the following:
        ``(9) Walk-in coolers and walk-in freezers.--
            ``(A) In general.--For the purpose of test procedures for 
        walk-in coolers and walk-in freezers:
                ``(i) The R value shall be the 1/K factor multiplied by 
            the thickness of the panel.
                ``(ii) The K factor shall be based on ASTM test 
            procedure C518-2004.
                ``(iii) For calculating the R value for freezers, the K 
            factor of the foam at 20F (average foam temperature) shall 
            be used.
                ``(iv) For calculating the R value for coolers, the K 
            factor of the foam at 55F (average foam temperature) shall 
            be used.
            ``(B) Test procedure.--
                ``(i) In general.--Not later than January 1, 2010, the 
            Secretary shall establish a test procedure to measure the 
            energy-use of walk-in coolers and walk-in freezers.
                ``(ii) Computer modeling.--The test procedure may be 
            based on computer modeling, if the computer model or models 
            have been verified using the results of laboratory tests on 
            a significant sample of walk-in coolers and walk-in 
            freezers.''.
    (d) Labeling.--Section 344(e) of the Energy Policy and Conservation 
Act (42 U.S.C. 6315(e)) is amended by inserting ``walk-in coolers and 
walk-in freezers,'' after ``commercial clothes washers,'' each place it 
appears.
    (e) Administration, Penalties, Enforcement, and Preemption.--
Section 345 of the Energy Policy and Conservation Act (42 U.S.C. 6316) 
is amended--
        (1) by striking ``subparagraphs (B), (C), (D), (E), and (F)'' 
    each place it appears and inserting ``subparagraphs (B) through 
    (G)''; and
        (2) by adding at the end the following:
    ``(h) Walk-In Coolers and Walk-In Freezers.--
        ``(1) Covered types.--
            ``(A) Relationship to other law.--
                ``(i) In general.--Except as otherwise provided in this 
            subsection, section 327 shall apply to walk-in coolers and 
            walk-in freezers for which standards have been established 
            under paragraphs (1), (2), and (3) of section 342(f) to the 
            same extent and in the same manner as the section applies 
            under part A on the date of enactment of this subsection.
                ``(ii) State standards.--Any State standard prescribed 
            before the date of enactment of this subsection shall not 
            be preempted until the standards established under 
            paragraphs (1) and (2) of section 342(f) take effect.
            ``(B) Administration.--In applying section 327 to equipment 
        under subparagraph (A), paragraphs (1), (2), and (3) of 
        subsection (a) shall apply.
        ``(2) Final rule not timely.--
            ``(A) In general.--If the Secretary does not issue a final 
        rule for a specific type of walk-in cooler or walk-in freezer 
        within the timeframe established under paragraph (4) or (5) of 
        section 342(f), subsections (b) and (c) of section 327 shall no 
        longer apply to the specific type of walk-in cooler or walk-in 
        freezer during the period--
                ``(i) beginning on the day after the scheduled date for 
            a final rule; and
                ``(ii) ending on the date on which the Secretary 
            publishes a final rule covering the specific type of walk-
            in cooler or walk-in freezer.
            ``(B) State standards.--Any State standard issued before 
        the publication of the final rule shall not be preempted until 
        the standards established in the final rule take effect.
        ``(3) California.--Any standard issued in the State of 
    California before January 1, 2011, under title 20 of the California 
    Code of Regulations, that refers to walk-in coolers and walk-in 
    freezers, for which standards have been established under 
    paragraphs (1), (2), and (3) of section 342(f), shall not be 
    preempted until the standards established under section 342(f)(3) 
    take effect.''.

SEC. 313. ELECTRIC MOTOR EFFICIENCY STANDARDS.

    (a) Definitions.--Section 340(13) of the Energy Policy and 
Conservation Act (42 U.S.C. 6311(13)) is amended--
        (1) by redesignating subparagraphs (B) through (H) as 
    subparagraphs (C) through (I), respectively; and
        (2) by striking ``(13)(A)'' and all that follows through the 
    end of subparagraph (A) and inserting the following:
        ``(13) Electric motor.--
            ``(A) General purpose electric motor (subtype i).--The term 
        `general purpose electric motor (subtype I)' means any motor 
        that meets the definition of `General Purpose' as established 
        in the final rule issued by the Department of Energy entitled 
        `Energy Efficiency Program for Certain Commercial and 
        Industrial Equipment: Test Procedures, Labeling, and 
        Certification Requirements for Electric Motors' (10 CFR 431), 
        as in effect on the date of enactment of the Energy 
        Independence and Security Act of 2007.
            ``(B) General purpose electric motor (subtype ii).--The 
        term `general purpose electric motor (subtype II)' means motors 
        incorporating the design elements of a general purpose electric 
        motor (subtype I) that are configured as 1 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 motor (as 
            tested in a horizontal configuration).
                ``(vi) An 8-pole motor (900 rpm).
                ``(vii) A poly-phase motor with voltage of not more 
            than 600 volts (other than 230 or 460 volts.''.
    (b) Standards.--
        (1) Amendments.--Section 342(b) of the Energy Policy and 
    Conservation Act (42 U.S.C. 6313(b)) is amended--
            (A) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (B) by inserting after paragraph (1) the following:
        ``(2) Electric motors.--
            ``(A) General purpose electric motors (subtype i).--Except 
        as provided in subparagraph (B), each general purpose electric 
        motor (subtype I) with a power rating of 1 horsepower or 
        greater, but not greater 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 the 
        Energy Independence and Security Act of 2007, shall have a 
        nominal full load efficiency that is not less than as defined 
        in NEMA MG-1 (2006) Table 12-12.
            ``(B) Fire pump motors.--Each fire pump motor manufactured 
        (alone or as a component of another piece of equipment) after 
        the 3-year period beginning on the date of enactment of the 
        Energy Independence and Security Act of 2007 shall have nominal 
        full load efficiency that is not less than as defined in NEMA 
        MG-1 (2006) Table 12-11.
            ``(C) General purpose electric motors (subtype ii).--Each 
        general purpose electric motor (subtype II) with a power rating 
        of 1 horsepower or greater, but not greater 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 the Energy Independence and Security Act 
        of 2007, shall have a nominal full load efficiency that is not 
        less than as defined in NEMA MG-1 (2006) Table 12-11.
            ``(D) NEMA design b, general purpose electric motors.--Each 
        NEMA Design B, general purpose electric motor with a power 
        rating of more than 200 horsepower, but not greater than 500 
        horsepower, manufactured (alone or as a component of another 
        piece of equipment) after the 3-year period beginning on the 
        date of enactment of the Energy Independence and Security Act 
        of 2007, shall have a nominal full load efficiency that is not 
        less than as defined in NEMA MG-1 (2006) Table 12-11.''.
        (2) Effective date.--The amendments made by paragraph (1) take 
    effect on the date that is 3 years after the date of enactment of 
    this Act.

SEC. 314. STANDARDS FOR SINGLE PACKAGE VERTICAL AIR CONDITIONERS AND 
              HEAT PUMPS.

    (a) Definitions.--Section 340 of the Energy Policy and Conservation 
Act (42 U.S.C. 6311) is amended by adding at the end the following:
        ``(22) Single package vertical air conditioner.--The term 
    `single package vertical air conditioner' means air-cooled 
    commercial package air conditioning and heating equipment that--
            ``(A) is factory-assembled as a single package that--
                ``(i) has major components that are arranged 
            vertically;
                ``(ii) is an encased combination of cooling and 
            optional heating components; and
                ``(iii) is intended for exterior mounting on, adjacent 
            interior to, or through an outside wall;
            ``(B) is powered by a single- or 3-phase current;
            ``(C) may contain 1 or more separate indoor grilles, 
        outdoor louvers, various ventilation options, indoor free air 
        discharges, ductwork, well plenum, or sleeves; and
            ``(D) has heating components that may include electrical 
        resistance, steam, hot water, or gas, but may not include 
        reverse cycle refrigeration as a heating means.
        ``(23) Single package vertical heat pump.--The term `single 
    package vertical heat pump' means a single package vertical air 
    conditioner that--
            ``(A) uses reverse cycle refrigeration as its primary heat 
        source; and
            ``(B) may include secondary supplemental heating by means 
        of electrical resistance, steam, hot water, or gas.''.
    (b) Standards.--Section 342(a) of the Energy Policy and 
Conservation Act (42 U.S.C. 6313(a)) is amended--
        (1) in the first sentence of each of paragraphs (1) and (2), by 
    inserting ``(including single package vertical air conditioners and 
    single package vertical heat pumps)'' after ``heating equipment'' 
    each place it appears;
        (2) in paragraph (1), by striking ``but before January 1, 
    2010,'';
        (3) in the first sentence of each of paragraphs (7), (8), and 
    (9), by inserting ``(other than single package vertical air 
    conditioners and single package vertical heat pumps)'' after 
    ``heating equipment'' each place it appears;
        (4) in paragraph (7)--
            (A) by striking ``manufactured on or after January 1, 
        2010,'';
            (B) in each of subparagraphs (A), (B), and (C), by striking 
        ``The'' and inserting ``For equipment manufactured on or after 
        January 1, 2010, the''; and
            (C) by adding at the end the following:
        ``(D) For equipment manufactured on or after the later of 
    January 1, 2008, or the date that is 180 days after the date of 
    enactment of the Energy Independence and Security Act of 2007--
            ``(i) the minimum seasonal energy efficiency ratio of air-
        cooled 3-phase electric central air conditioners and central 
        air conditioning heat pumps less than 65,000 Btu per hour 
        (cooling capacity), split systems, shall be 13.0;
            ``(ii) the minimum seasonal energy efficiency ratio of air-
        cooled 3-phase electric central air conditioners and central 
        air conditioning heat pumps less than 65,000 Btu per hour 
        (cooling capacity), single package, shall be 13.0;
            ``(iii) the minimum heating seasonal performance factor of 
        air-cooled 3-phase electric central air conditioning heat pumps 
        less than 65,000 Btu per hour (cooling capacity), split 
        systems, shall be 7.7; and
            ``(iv) the minimum heating seasonal performance factor of 
        air-cooled 3-phase electric central air conditioning heat pumps 
        less than 65,000 Btu per hour (cooling capacity), single 
        package, shall be 7.7.''; and
        (5) by adding at the end the following:
        ``(10) Single package vertical air conditioners and single 
    package vertical heat pumps.--
            ``(A) In general.--Single package vertical air conditioners 
        and single package vertical heat pumps manufactured on or after 
        January 1, 2010, shall meet the following standards:
                ``(i) The minimum energy efficiency ratio of single 
            package vertical air conditioners less than 65,000 Btu per 
            hour (cooling capacity), single-phase, shall be 9.0.
                ``(ii) The minimum energy efficiency ratio of single 
            package vertical air conditioners less than 65,000 Btu per 
            hour (cooling capacity), 3-phase, shall be 9.0.
                ``(iii) The minimum energy efficiency ratio of single 
            package vertical air conditioners at or above 65,000 Btu 
            per hour (cooling capacity) but less than 135,000 Btu per 
            hour (cooling capacity), shall be 8.9.
                ``(iv) The minimum energy efficiency ratio of single 
            package vertical air conditioners at or above 135,000 Btu 
            per hour (cooling capacity) but less than 240,000 Btu per 
            hour (cooling capacity), shall be 8.6.
                ``(v) The minimum energy efficiency ratio of single 
            package vertical heat pumps less than 65,000 Btu per hour 
            (cooling capacity), single-phase, shall be 9.0 and the 
            minimum coefficient of performance in the heating mode 
            shall be 3.0.
                ``(vi) The minimum energy efficiency ratio of single 
            package vertical heat pumps less than 65,000 Btu per hour 
            (cooling capacity), 3-phase, shall be 9.0 and the minimum 
            coefficient of performance in the heating mode shall be 
            3.0.
                ``(vii) The minimum energy efficiency ratio of single 
            package vertical heat pumps at or above 65,000 Btu per hour 
            (cooling capacity) but less than 135,000 Btu per hour 
            (cooling capacity), shall be 8.9 and the minimum 
            coefficient of performance in the heating mode shall be 
            3.0.
                ``(viii) The minimum energy efficiency ratio of single 
            package vertical heat pumps at or above 135,000 Btu per 
            hour (cooling capacity) but less than 240,000 Btu per hour 
            (cooling capacity), shall be 8.6 and the minimum 
            coefficient of performance in the heating mode shall be 
            2.9.
            ``(B) Review.--Not later than 3 years after the date of 
        enactment of this paragraph, the Secretary shall review the 
        most recently published ASHRAE/IES Standard 90.1 with respect 
        to single package vertical air conditioners and single package 
        vertical heat pumps in accordance with the procedures 
        established under paragraph (6).''.

SEC. 315. 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. 316. TECHNICAL CORRECTIONS.

    (a) Definition of F96T12 Lamp.--
        (1) In general.--Section 135(a)(1)(A)(ii) of the Energy Policy 
    Act of 2005 (Public Law 109-58; 119 Stat. 624) is amended by 
    striking ``C78.1-1978 (R1984)'' and inserting ``C78.3-1978 
    (R1984)''.
        (2) Effective date.--The amendment made by paragraph (1) takes 
    effect on August 8, 2005.
    (b) 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''.
    (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 301(a)(2)) 
    is amended--
            (A) by striking paragraphs (46) through (48) and inserting 
        the following:
        ``(46) High intensity discharge lamp.--
            ``(A) In general.--The term `high intensity discharge lamp' 
        means an electric-discharge lamp in which--
                ``(i) the light-producing arc is stabilized by the arc 
            tube wall temperature; and
                ``(ii) the arc tube wall loading is in excess of 3 
            Watts/cm\2\.
            ``(B) Inclusions.--The term `high intensity discharge lamp' 
        includes mercury vapor, metal halide, and high-pressure sodium 
        lamps described in subparagraph (A).
        ``(47) Mercury vapor lamp.--
            ``(A) In general.--The term `mercury vapor lamp' means a 
        high intensity discharge lamp in which the major portion of the 
        light is produced by radiation from mercury typically operating 
        at a partial vapor pressure in excess of 100,000 Pa 
        (approximately 1 atm).
            ``(B) Inclusions.--The term `mercury vapor lamp' includes 
        clear, phosphor-coated, and self-ballasted screw base lamps 
        described in subparagraph (A).
        ``(48) Mercury vapor lamp ballast.--The term `mercury vapor 
    lamp ballast' means a device that is designed and marketed to start 
    and operate mercury vapor lamps intended for general illumination 
    by providing the necessary voltage and current.''; and
            (B) by adding at the end the following:
        ``(53) Specialty application mercury vapor lamp ballast.--The 
    term `specialty application mercury vapor lamp ballast' means a 
    mercury vapor lamp ballast that--
            ``(A) is designed and marketed for operation of mercury 
        vapor lamps used in quality inspection, industrial processing, 
        or scientific use, including fluorescent microscopy and 
        ultraviolet curing; and
            ``(B) in the case of a specialty application mercury vapor 
        lamp ballast, the label of which--
                ``(i) provides that the specialty application mercury 
            vapor lamp ballast is `For specialty applications only, not 
            for general illumination'; and
                ``(ii) specifies the specific applications for which 
            the ballast is designed.''.
        (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''.
    (d) Energy Conservation Standards.--Section 325 of the Energy 
Policy and Conservation Act (42 U.S.C. 6295) is amended--
        (1) in subsection (v)--
            (A) in the subsection heading, by striking ``Ceiling Fans 
        and'';
            (B) by striking paragraph (1); and
            (C) by redesignating paragraphs (2) through (4) as 
        paragraphs (1) through (3), respectively; and
        (2) in subsection (ff)--
            (A) in paragraph (1)(A)--
                (i) by striking clause (iii);
                (ii) by redesignating clause (iv) as clause (iii); and
                (iii) in clause (iii)(II) (as so redesignated), by 
            inserting ``fans sold for'' before ``outdoor''; and
            (B) in paragraph (4)(C)--
                (i) in the matter preceding clause (i), by striking 
            ``subparagraph (B)'' and inserting ``subparagraph (A)''; 
            and
                (ii) by striking clause (ii) and inserting the 
            following:
        ``(ii) shall be packaged with lamps to fill all sockets.'';
            (C) in paragraph (6), by redesignating subparagraphs (C) 
        and (D) as clauses (i) and (ii), respectively, of subparagraph 
        (B); and
            (D) in paragraph (7), by striking ``327'' the second place 
        it appears and inserting ``324''.

                 Subtitle B--Lighting Energy Efficiency

SEC. 321. EFFICIENT LIGHT BULBS.

    (a) Energy Efficiency Standards for General Service Incandescent 
Lamps.--
        (1) Definition of general service incandescent lamp.--Section 
    321(30) of the Energy Policy and Conservation Act (42 U.S.C. 
    6291(30)) is amended--
            (A) by striking subparagraph (D) and inserting the 
        following:
            ``(D) General service incandescent lamp.--
                ``(i) In general.--The term `general service 
            incandescent lamp' means a standard incandescent or halogen 
            type lamp that--

                    ``(I) is intended for general service applications;
                    ``(II) has a medium screw base;
                    ``(III) has a lumen range of not less than 310 
                lumens and not more than 2,600 lumens; and
                    ``(IV) is capable of being operated at a voltage 
                range at least partially within 110 and 130 volts.

                ``(ii) Exclusions.--The term `general service 
            incandescent lamp' does not include the following 
            incandescent lamps:

                    ``(I) An appliance lamp.
                    ``(II) A black light lamp.
                    ``(III) A bug lamp.
                    ``(IV) A colored lamp.
                    ``(V) An infrared lamp.
                    ``(VI) A left-hand thread lamp.
                    ``(VII) A marine lamp.
                    ``(VIII) A marine signal service lamp.
                    ``(IX) A mine service lamp.
                    ``(X) A plant light lamp.
                    ``(XI) A reflector lamp.
                    ``(XII) A rough service lamp.
                    ``(XIII) A shatter-resistant lamp (including a 
                shatter-proof lamp and a shatter-protected lamp).
                    ``(XIV) A sign service lamp.
                    ``(XV) A silver bowl lamp.
                    ``(XVI) A showcase lamp.
                    ``(XVII) A 3-way incandescent lamp.
                    ``(XVIII) A traffic signal lamp.
                    ``(XIX) A vibration service lamp.
                    ``(XX) A G shape lamp (as defined in ANSI C78.20-
                2003 and C79.1-2002 with a diameter of 5 inches or 
                more.
                    ``(XXI) A T shape lamp (as defined in ANSI C78.20-
                2003 and C79.1-2002) and that uses not more than 40 
                watts or has a length of more than 10 inches.
                    ``(XXII) A B, BA, CA, F, G16-1/2, G-25, G30, S, or 
                M-14 lamp (as defined in ANSI C79.1-2002 and ANSI 
                C78.20-2003) of 40 watts or less.''; and

            (B) by adding at the end the following:
            ``(T) Appliance lamp.--The term `appliance lamp' means any 
        lamp that--
                ``(i) is specifically designed to operate in a 
            household appliance, has a maximum wattage of 40 watts, and 
            is sold at retail, including an oven lamp, refrigerator 
            lamp, and vacuum cleaner lamp; and
                ``(ii) is designated and marketed for the intended 
            application, with--

                    ``(I) the designation on the lamp packaging; and
                    ``(II) marketing materials that identify the lamp 
                as being for appliance use.

            ``(U) Candelabra base incandescent lamp.--The term 
        `candelabra base incandescent lamp' means a lamp that uses 
        candelabra screw base as described in ANSI C81.61-2006, 
        Specifications for Electric Bases, common designations E11 and 
        E12.
            ``(V) Intermediate base incandescent lamp.--The term 
        `intermediate base incandescent lamp' means a lamp that uses an 
        intermediate screw base as described in ANSI C81.61-2006, 
        Specifications for Electric Bases, common designation E17.
            ``(W) Modified spectrum.--The term `modified spectrum' 
        means, with respect to an incandescent lamp, an incandescent 
        lamp that--
                ``(i) is not a colored incandescent lamp; and
                ``(ii) when operated at the rated voltage and wattage 
            of the incandescent lamp--

                    ``(I) has a color point with (x,y) chromaticity 
                coordinates on the Commission Internationale de 
                l'Eclairage (C.I.E.) 1931 chromaticity diagram that 
                lies below the black-body locus; and
                    ``(II) has a color point with (x,y) chromaticity 
                coordinates on the C.I.E. 1931 chromaticity diagram 
                that lies at least 4 MacAdam steps (as referenced in 
                IESNA LM16) distant from the color point of a clear 
                lamp with the same filament and bulb shape, operated at 
                the same rated voltage and wattage.

            ``(X) Rough service lamp.--The term `rough service lamp' 
        means a lamp that--
                ``(i) has a minimum of 5 supports with filament 
            configurations that are C-7A, C-11, C-17, and C-22 as 
            listed in Figure 6-12 of the 9th edition of the IESNA 
            Lighting handbook, or similar configurations where lead 
            wires are not counted as supports; and
                ``(ii) is designated and marketed specifically for 
            `rough service' applications, with--

                    ``(I) the designation appearing on the lamp 
                packaging; and
                    ``(II) marketing materials that identify the lamp 
                as being for rough service.

            ``(Y) 3-way incandescent lamp.--The term `3-way 
        incandescent lamp' includes an incandescent lamp that--
                ``(i) employs 2 filaments, operated separately and in 
            combination, to provide 3 light levels; and
                ``(ii) is designated on the lamp packaging and 
            marketing materials as being a 3-way incandescent lamp.
            ``(Z) Shatter-resistant lamp, shatter-proof lamp, or 
        shatter-protected lamp.--The terms `shatter-resistant lamp', 
        `shatter-proof lamp', and `shatter-protected lamp' mean a lamp 
        that--
                ``(i) has a coating or equivalent technology that is 
            compliant with NSF/ANSI 51 and is designed to contain the 
            glass if the glass envelope of the lamp is broken; and
                ``(ii) is designated and marketed for the intended 
            application, with--

                    ``(I) the designation on the lamp packaging; and
                    ``(II) marketing materials that identify the lamp 
                as being shatter-resistant, shatter-proof, or shatter-
                protected.

            ``(AA) Vibration service lamp.--The term `vibration service 
        lamp' means a lamp that--
                ``(i) has filament configurations that are C-5, C-7A, 
            or C-9, as listed in Figure 6-12 of the 9th Edition of the 
            IESNA Lighting Handbook or similar configurations;
                ``(ii) has a maximum wattage of 60 watts;
                ``(iii) is sold at retail in packages of 2 lamps or 
            less; and
                ``(iv) is designated and marketed specifically for 
            vibration service or vibration-resistant applications, 
            with--

                    ``(I) the designation appearing on the lamp 
                packaging; and
                    ``(II) marketing materials that identify the lamp 
                as being vibration service only.

            ``(BB) General service lamp.--
                ``(i) In general.--The term `general service lamp' 
            includes--

                    ``(I) general service incandescent lamps;
                    ``(II) compact fluorescent lamps;
                    ``(III) general service light-emitting diode (LED 
                or OLED) lamps; and
                    ``(IV) any other lamps that the Secretary 
                determines are used to satisfy lighting applications 
                traditionally served by general service incandescent 
                lamps.

                ``(ii) Exclusions.--The term `general service lamp' 
            does not include--

                    ``(I) any lighting application or bulb shape 
                described in any of subclauses (I) through (XXII) of 
                subparagraph (D)(ii); or
                    ``(II) any general service fluorescent lamp or 
                incandescent reflector lamp.

            ``(CC) Light-emitting diode; led.--
                ``(i) In general.--The terms `light-emitting diode' and 
            `LED' means a p-n junction solid state device the radiated 
            output of which is a function of the physical construction, 
            material used, and exciting current of the device.
                ``(ii) Output.--The output of a light-emitting diode 
            may be in--

                    ``(I) the infrared region;
                    ``(II) the visible region; or
                    ``(III) the ultraviolet region.

            ``(DD) Organic light-emitting diode; oled.--The terms 
        `organic light-emitting diode' and `OLED' mean a thin-film 
        light-emitting device that typically consists of a series of 
        organic layers between 2 electrical contacts (electrodes).
            ``(EE) Colored incandescent lamp.--The term `colored 
        incandescent lamp' means an incandescent lamp designated and 
        marketed as a colored lamp that has--
                ``(i) a color rendering index of less than 50, as 
            determined according to the test method given in C.I.E. 
            publication 13.3-1995; or
                ``(ii) a correlated color temperature of less than 
            2,500K, or greater than 4,600K, where correlated 
            temperature is computed according to the Journal of Optical 
            Society of America, Vol. 58, pages 1528-1595 (1986).''.
        (2) Coverage.--Section 322(a)(14) of the Energy Policy and 
    Conservation Act (42 U.S.C. 6292(a)(14)) is amended by inserting 
    ``, general service incandescent lamps,'' after ``fluorescent 
    lamps''.
        (3) Energy conservation standards.--Section 325 of the Energy 
    Policy and Conservation Act (42 U.S.C. 6295) is amended--
            (A) in subsection (i)--
                (i) in the section heading, by inserting ``, General 
            Service Incandescent Lamps, Intermediate Base Incandescent 
            Lamps, Candelabra Base Incandescent Lamps,'' after 
            ``Fluorescent Lamps'';
                (ii) in paragraph (1)--

                    (I) in subparagraph (A)--

                        (aa) by inserting ``, general service 
                    incandescent lamps, intermediate base incandescent 
                    lamps, candelabra base incandescent lamps,'' after 
                    ``fluorescent lamps'';
                        (bb) by inserting ``, new maximum wattage,'' 
                    after ``lamp efficacy''; and
                        (cc) by inserting after the table entitled 
                    ``incandescent reflector lamps'' the following:


                  ``GENERAL SERVICE INCANDESCENT LAMPS
------------------------------------------------------------------------
                             Maximum Rate     Minimum Rate    Effective
   Rated Lumen Ranges           Wattage         Lifetime        Date
------------------------------------------------------------------------
1490-2600                                72     1,000 hrs      1/1/2012
1050-1489                                53     1,000 hrs      1/1/2013
750-1049                                 43     1,000 hrs      1/1/2014
310-749                                  29     1,000 hrs      1/1/2014
------------------------------------------------------------------------



         ``MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS
------------------------------------------------------------------------
                             Maximum Rate     Minimum Rate    Effective
   Rated Lumen Ranges           Wattage         Lifetime        Date
------------------------------------------------------------------------
1118-1950                                72     1,000 hrs      1/1/2012
788-1117                                 53     1,000 hrs      1/1/2013
563-787                                  43     1,000 hrs      1/1/2014
232-562                                  29     1,000 hrs   1/1/2014'';
------------------------------------------------------------------------


                and
                    (II) by striking subparagraph (B) and inserting the 
                following:

            ``(B) Application.--
                ``(i) Application criteria.--This subparagraph applies 
            to each lamp that--

                    ``(I) is intended for a general service or general 
                illumination application (whether incandescent or not);
                    ``(II) has a medium screw base or any other screw 
                base not defined in ANSI C81.61-2006;
                    ``(III) is capable of being operated at a voltage 
                at least partially within the range of 110 to 130 
                volts; and
                    ``(IV) is manufactured or imported after December 
                31, 2011.

                ``(ii) Requirement.--For purposes of this paragraph, 
            each lamp described in clause (i) shall have a color 
            rendering index that is greater than or equal to--

                    ``(I) 80 for nonmodified spectrum lamps; or
                    ``(II) 75 for modified spectrum lamps.

            ``(C) Candelabra incandescent lamps and intermediate base 
        incandescent lamps.--
                ``(i) Candelabra base incandescent lamps.--A candelabra 
            base incandescent lamp shall not exceed 60 rated watts.
                ``(ii) Intermediate base incandescent lamps.--An 
            intermediate base incandescent lamp shall not exceed 40 
            rated watts.
            ``(D) Exemptions.--
                ``(i) Petition.--Any person may petition the Secretary 
            for an exemption for a type of general service lamp from 
            the requirements of this subsection.
                ``(ii) Criteria.--The Secretary may grant an exemption 
            under clause (i) only to the extent that the Secretary 
            finds, after a hearing and opportunity for public comment, 
            that it is not technically feasible to serve a specialized 
            lighting application (such as a military, medical, public 
            safety, or certified historic lighting application) using a 
            lamp that meets the requirements of this subsection.
                ``(iii) Additional criterion.--To grant an exemption 
            for a product under this subparagraph, the Secretary shall 
            include, as an additional criterion, that the exempted 
            product is unlikely to be used in a general service 
            lighting application.
            ``(E) Extension of coverage.--
                ``(i) Petition.--Any person may petition the Secretary 
            to establish standards for lamp shapes or bases that are 
            excluded from the definition of general service lamps.
                ``(ii) Increased sales of exempted lamps.--The petition 
            shall include evidence that the availability or sales of 
            exempted incandescent lamps have increased significantly 
            since the date on which the standards on general service 
            incandescent lamps were established.
                ``(iii) Criteria.--The Secretary shall grant a petition 
            under clause (i) if the Secretary finds that--

                    ``(I) the petition presents evidence that 
                demonstrates that commercial availability or sales of 
                exempted incandescent lamp types have increased 
                significantly since the standards on general service 
                lamps were established and likely are being widely used 
                in general lighting applications; and
                    ``(II) significant energy savings could be achieved 
                by covering exempted products, as determined by the 
                Secretary based on sales data provided to the Secretary 
                from manufacturers and importers.

                ``(iv) No presumption.--The grant of a petition under 
            this subparagraph shall create no presumption with respect 
            to the determination of the Secretary with respect to any 
            criteria under a rulemaking conducted under this section.
                ``(v) Expedited proceeding.--If the Secretary grants a 
            petition for a lamp shape or base under this subparagraph, 
            the Secretary shall--

                    ``(I) conduct a rulemaking to determine standards 
                for the exempted lamp shape or base; and
                    ``(II) complete the rulemaking not later than 18 
                months after the date on which notice is provided 
                granting the petition.

            ``(F) Definition of effective date.--In this paragraph, 
        except as otherwise provided in a table contained in 
        subparagraph (A), the term `effective date' means the last day 
        of the month specified in the table that follows October 24, 
        1992.'';
                (iii) in paragraph (5), in the first sentence, by 
            striking ``and general service incandescent lamps'';
                (iv) by redesignating paragraphs (6) and (7) as 
            paragraphs (7) and (8), respectively; and
                (v) by inserting after paragraph (5) the following:
        ``(6) Standards for general service lamps.--
            ``(A) Rulemaking before january 1, 2014.--
                ``(i) In general.--Not later than January 1, 2014, the 
            Secretary shall initiate a rulemaking procedure to 
            determine whether--

                    ``(I) standards in effect for general service lamps 
                should be amended to establish more stringent standards 
                than the standards specified in paragraph (1)(A); and
                    ``(II) the exemptions for certain incandescent 
                lamps should be maintained or discontinued based, in 
                part, on exempted lamp sales collected by the Secretary 
                from manufacturers.

                ``(ii) Scope.--The rulemaking--

                    ``(I) shall not be limited to incandescent lamp 
                technologies; and
                    ``(II) shall include consideration of a minimum 
                standard of 45 lumens per watt for general service 
                lamps.

                ``(iii) Amended standards.--If the Secretary determines 
            that the standards in effect for general service 
            incandescent lamps should be amended, the Secretary shall 
            publish a final rule not later than January 1, 2017, with 
            an effective date that is not earlier than 3 years after 
            the date on which the final rule is published.
                ``(iv) Phased-in effective dates.--The Secretary shall 
            consider phased-in effective dates under this subparagraph 
            after considering--

                    ``(I) the impact of any amendment on manufacturers, 
                retiring and repurposing existing equipment, stranded 
                investments, labor contracts, workers, and raw 
                materials; and
                    ``(II) the time needed to work with retailers and 
                lighting designers to revise sales and marketing 
                strategies.

                ``(v) Backstop requirement.--If the Secretary fails to 
            complete a rulemaking in accordance with clauses (i) 
            through (iv) or if the final rule does not produce savings 
            that are greater than or equal to the savings from a 
            minimum efficacy standard of 45 lumens per watt, effective 
            beginning January 1, 2020, the Secretary shall prohibit the 
            sale of any general service lamp that does not meet a 
            minimum efficacy standard of 45 lumens per watt.
                ``(vi) State preemption.--Neither section 327(b) nor 
            any other provision of law shall preclude California or 
            Nevada from adopting, effective beginning on or after 
            January 1, 2018--

                    ``(I) a final rule adopted by the Secretary in 
                accordance with clauses (i) through (iv);
                    ``(II) if a final rule described in subclause (I) 
                has not been adopted, the backstop requirement under 
                clause (v); or
                    ``(III) in the case of California, if a final rule 
                described in subclause (I) has not been adopted, any 
                California regulations relating to these covered 
                products adopted pursuant to State statute in effect as 
                of the date of enactment of the Energy Independence and 
                Security Act of 2007.

            ``(B) Rulemaking before january 1, 2020.--
                ``(i) In general.--Not later than January 1, 2020, the 
            Secretary shall initiate a rulemaking procedure to 
            determine whether--

                    ``(I) standards in effect for general service 
                incandescent lamps should be amended to reflect lumen 
                ranges with more stringent maximum wattage than the 
                standards specified in paragraph (1)(A); and
                    ``(II) the exemptions for certain incandescent 
                lamps should be maintained or discontinued based, in 
                part, on exempted lamp sales data collected by the 
                Secretary from manufacturers.

                ``(ii) Scope.--The rulemaking shall not be limited to 
            incandescent lamp technologies.
                ``(iii) Amended standards.--If the Secretary determines 
            that the standards in effect for general service 
            incandescent lamps should be amended, the Secretary shall 
            publish a final rule not later than January 1, 2022, with 
            an effective date that is not earlier than 3 years after 
            the date on which the final rule is published.
                ``(iv) Phased-in effective dates.--The Secretary shall 
            consider phased-in effective dates under this subparagraph 
            after considering--

                    ``(I) the impact of any amendment on manufacturers, 
                retiring and repurposing existing equipment, stranded 
                investments, labor contracts, workers, and raw 
                materials; and
                    ``(II) the time needed to work with retailers and 
                lighting designers to revise sales and marketing 
                strategies.''; and

            (B) in subsection (l), by adding at the end the following:
        ``(4) Energy efficiency standards for certain lamps.--
            ``(A) In general.--The Secretary shall prescribe an energy 
        efficiency standard for rough service lamps, vibration service 
        lamps, 3-way incandescent lamps, 2,601-3,300 lumen general 
        service incandescent lamps, and shatter-resistant lamps only in 
        accordance with this paragraph.
            ``(B) Benchmarks.--Not later than 1 year after the date of 
        enactment of this paragraph, the Secretary, in consultation 
        with the National Electrical Manufacturers Association, shall--
                ``(i) collect actual data for United States unit sales 
            for each of calendar years 1990 through 2006 for each of 
            the 5 types of lamps described in subparagraph (A) to 
            determine the historical growth rate of the type of lamp; 
            and
                ``(ii) construct a model for each type of lamp based on 
            coincident economic indicators that closely match the 
            historical annual growth rate of the type of lamp to 
            provide a neutral comparison benchmark to model future unit 
            sales after calendar year 2006.
            ``(C) Actual sales data.--
                ``(i) In general.--Effective for each of calendar years 
            2010 through 2025, the Secretary, in consultation with the 
            National Electrical Manufacturers Association, shall--

                    ``(I) collect actual United States unit sales data 
                for each of 5 types of lamps described in subparagraph 
                (A); and
                    ``(II) not later than 90 days after the end of each 
                calendar year, compare the lamp sales in that year with 
                the sales predicted by the comparison benchmark for 
                each of the 5 types of lamps described in subparagraph 
                (A).

                ``(ii) Continuation of tracking.--

                    ``(I) Determination.--Not later than January 1, 
                2023, the Secretary shall determine if actual sales 
                data should be tracked for the lamp types described in 
                subparagraph (A) after calendar year 2025.
                    ``(II) Continuation.--If the Secretary finds that 
                the market share of a lamp type described in 
                subparagraph (A) could significantly erode the market 
                share for general service lamps, the Secretary shall 
                continue to track the actual sales data for the lamp 
                type.

            ``(D) Rough service lamps.--
                ``(i) In general.--Effective beginning with the first 
            year that the reported annual sales rate for rough service 
            lamps demonstrates actual unit sales of rough service lamps 
            that achieve levels that are at least 100 percent higher 
            than modeled unit sales for that same year, the Secretary 
            shall--

                    ``(I) not later than 90 days after the end of the 
                previous calendar year, issue a finding that the index 
                has been exceeded; and
                    ``(II) not later than the date that is 1 year after 
                the end of the previous calendar year, complete an 
                accelerated rulemaking to establish an energy 
                conservation standard for rough service lamps.

                ``(ii) Backstop requirement.--If the Secretary fails to 
            complete an accelerated rulemaking in accordance with 
            clause (i)(II), effective beginning 1 year after the date 
            of the issuance of the finding under clause (i)(I), the 
            Secretary shall require rough service lamps to--

                    ``(I) have a shatter-proof coating or equivalent 
                technology that is compliant with NSF/ANSI 51 and is 
                designed to contain the glass if the glass envelope of 
                the lamp is broken and to provide effective containment 
                over the life of the lamp;
                    ``(II) have a maximum 40-watt limitation; and
                    ``(III) be sold at retail only in a package 
                containing 1 lamp.

            ``(E) Vibration service lamps.--
                ``(i) In general.--Effective beginning with the first 
            year that the reported annual sales rate for vibration 
            service lamps demonstrates actual unit sales of vibration 
            service lamps that achieve levels that are at least 100 
            percent higher than modeled unit sales for that same year, 
            the Secretary shall--

                    ``(I) not later than 90 days after the end of the 
                previous calendar year, issue a finding that the index 
                has been exceeded; and
                    ``(II) not later than the date that is 1 year after 
                the end of the previous calendar year, complete an 
                accelerated rulemaking to establish an energy 
                conservation standard for vibration service lamps.

                ``(ii) Backstop requirement.--If the Secretary fails to 
            complete an accelerated rulemaking in accordance with 
            clause (i)(II), effective beginning 1 year after the date 
            of the issuance of the finding under clause (i)(I), the 
            Secretary shall require vibration service lamps to--

                    ``(I) have a maximum 40-watt limitation; and
                    ``(II) be sold at retail only in a package 
                containing 1 lamp.

            ``(F) 3-way incandescent lamps.--
                ``(i) In general.--Effective beginning with the first 
            year that the reported annual sales rate for 3-way 
            incandescent lamps demonstrates actual unit sales of 3-way 
            incandescent lamps that achieve levels that are at least 
            100 percent higher than modeled unit sales for that same 
            year, the Secretary shall--

                    ``(I) not later than 90 days after the end of the 
                previous calendar year, issue a finding that the index 
                has been exceeded; and
                    ``(II) not later than the date that is 1 year after 
                the end of the previous calendar year, complete an 
                accelerated rulemaking to establish an energy 
                conservation standard for 3-way incandescent lamps.

                ``(ii) Backstop requirement.--If the Secretary fails to 
            complete an accelerated rulemaking in accordance with 
            clause (i)(II), effective beginning 1 year after the date 
            of issuance of the finding under clause (i)(I), the 
            Secretary shall require that--

                    ``(I) each filament in a 3-way incandescent lamp 
                meet the new maximum wattage requirements for the 
                respective lumen range established under subsection 
                (i)(1)(A); and
                    ``(II) 3-way lamps be sold at retail only in a 
                package containing 1 lamp.

            ``(G) 2,601-3,300 lumen general service incandescent 
        lamps.--Effective beginning with the first year that the 
        reported annual sales rate demonstrates actual unit sales of 
        2,601-3,300 lumen general service incandescent lamps in the 
        lumen range of 2,601 through 3,300 lumens (or, in the case of a 
        modified spectrum, in the lumen range of 1,951 through 2,475 
        lumens) that achieve levels that are at least 100 percent 
        higher than modeled unit sales for that same year, the 
        Secretary shall impose--
                ``(i) a maximum 95-watt limitation on general service 
            incandescent lamps in the lumen range of 2,601 through 
            3,300 lumens; and
                ``(ii) a requirement that those lamps be sold at retail 
            only in a package containing 1 lamp.
            ``(H) Shatter-resistant lamps.--
                ``(i) In general.--Effective beginning with the first 
            year that the reported annual sales rate for shatter-
            resistant lamps demonstrates actual unit sales of shatter-
            resistant lamps that achieve levels that are at least 100 
            percent higher than modeled unit sales for that same year, 
            the Secretary shall--

                    ``(I) not later than 90 days after the end of the 
                previous calendar year, issue a finding that the index 
                has been exceeded; and
                    ``(II) not later than the date that is 1 year after 
                the end of the previous calendar year, complete an 
                accelerated rulemaking to establish an energy 
                conservation standard for shatter-resistant lamps.

                ``(ii) Backstop requirement.--If the Secretary fails to 
            complete an accelerated rulemaking in accordance with 
            clause (i)(II), effective beginning 1 year after the date 
            of issuance of the finding under clause (i)(I), the 
            Secretary shall impose--

                    ``(I) a maximum wattage limitation of 40 watts on 
                shatter resistant lamps; and
                    ``(II) a requirement that those lamps be sold at 
                retail only in a package containing 1 lamp.

            ``(I) Rulemakings before january 1, 2025.--
                ``(i) In general.--Except as provided in clause (ii), 
            if the Secretary issues a final rule prior to January 1, 
            2025, establishing an energy conservation standard for any 
            of the 5 types of lamps for which data collection is 
            required under any of subparagraphs (D) through (G), the 
            requirement to collect and model data for that type of lamp 
            shall terminate unless, as part of the rulemaking, the 
            Secretary determines that continued tracking is necessary.
                ``(ii) Backstop requirement.--If the Secretary imposes 
            a backstop requirement as a result of a failure to complete 
            an accelerated rulemaking in accordance with clause (i)(II) 
            of any of subparagraphs (D) through (G), the requirement to 
            collect and model data for the applicable type of lamp 
            shall continue for an additional 2 years after the 
            effective date of the backstop requirement.''.
    (b) Consumer Education and Lamp Labeling.--Section 324(a)(2)(C) of 
the Energy Policy and Conservation Act (42 U.S.C. 6294(a)(2)(C)) is 
amended by adding at the end the following:
                ``(iii) Rulemaking to consider effectiveness of lamp 
            labeling.--

                    ``(I) In general.--Not later than 1 year after the 
                date of enactment of this clause, the Commission shall 
                initiate a rulemaking to consider--

                        ``(aa) the effectiveness of current lamp 
                    labeling for power levels or watts, light output or 
                    lumens, and lamp lifetime; and
                        ``(bb) alternative labeling approaches that 
                    will help consumers to understand new high-
                    efficiency lamp products and to base the purchase 
                    decisions of the consumers on the most appropriate 
                    source that meets the requirements of the consumers 
                    for lighting level, light quality, lamp lifetime, 
                    and total lifecycle cost.

                    ``(II) Completion.--The Commission shall--

                        ``(aa) complete the rulemaking not later than 
                    the date that is 30 months after the date of 
                    enactment of this clause; and
                        ``(bb) consider reopening the rulemaking not 
                    later than 180 days before the effective dates of 
                    the standards for general service incandescent 
                    lamps established under section 325(i)(1)(A), if 
                    the Commission determines that further labeling 
                    changes are needed to help consumers understand 
                    lamp alternatives.''.
    (c) Market Assessments and Consumer Awareness Program.--
        (1) In general.--In cooperation with the Administrator of the 
    Environmental Protection Agency, the Secretary of Commerce, the 
    Federal Trade Commission, lighting and retail industry 
    associations, energy efficiency organizations, and any other 
    entities that the Secretary of Energy determines to be appropriate, 
    the Secretary of Energy shall--
            (A) conduct an annual assessment of the market for general 
        service lamps and compact fluorescent lamps--
                (i) to identify trends in the market shares of lamp 
            types, efficiencies, and light output levels purchased by 
            residential and nonresidential consumers; and
                (ii) to better understand the degree to which consumer 
            decisionmaking is based on lamp power levels or watts, 
            light output or lumens, lamp lifetime, and other factors, 
            including information required on labels mandated by the 
            Federal Trade Commission;
            (B) provide the results of the market assessment to the 
        Federal Trade Commission for consideration in the rulemaking 
        described in section 324(a)(2)(C)(iii) of the Energy Policy and 
        Conservation Act (42 U.S.C. 6294(a)(2)(C)(iii)); and
            (C) in cooperation with industry trade associations, 
        lighting industry members, utilities, and other interested 
        parties, carry out a proactive national program of consumer 
        awareness, information, and education that broadly uses the 
        media and other effective communication techniques over an 
        extended period of time to help consumers understand the lamp 
        labels and make energy-efficient lighting choices that meet the 
        needs of consumers.
        (2) Authorization of appropriations.--There is authorized to be 
    appropriated to carry out this subsection $10,000,000 for each of 
    fiscal years 2009 through 2012.
    (d) General Rule of Preemption for Energy Conservation Standards 
Before Federal Standard Becomes Effective for a Product.--Section 
327(b)(1) of the Energy Policy and Conservation Act (42 U.S.C. 
6297(b)(1)) is amended--
        (1) by inserting ``(A)'' after ``(1)'';
        (2) by inserting ``or'' after the semicolon at the end; and
        (3) by adding at the end the following:
        ``(B) in the case of any portion of any regulation that 
    establishes requirements for general service incandescent lamps, 
    intermediate base incandescent lamps, or candelabra base lamps, was 
    enacted or adopted by the State of California or Nevada before 
    December 4, 2007, except that--
            ``(i) the regulation adopted by the California Energy 
        Commission with an effective date of January 1, 2008, shall 
        only be effective until the effective date of the Federal 
        standard for the applicable lamp category under subparagraphs 
        (A), (B), and (C) of section 325(i)(1);
            ``(ii) the States of California and Nevada may, at any 
        time, modify or adopt a State standard for general service 
        lamps to conform with Federal standards with effective dates no 
        earlier than 12 months prior to the Federal effective dates 
        prescribed under subparagraphs (A), (B), and (C) of section 
        325(i)(1), at which time any prior regulations adopted by the 
        State of California or Nevada shall no longer be effective; and
            ``(iii) all other States may, at any time, modify or adopt 
        a State standard for general service lamps to conform with 
        Federal standards and effective dates.''.
    (e) Prohibited Acts.--Section 332(a) of the Energy Policy and 
Conservation Act (42 U.S.C. 6302(a)) is amended--
        (1) in paragraph (4), by striking ``or'' at the end;
        (2) in paragraph (5), by striking the period at the end and 
    inserting ``; or''; and
        (3) by adding at the end the following:
        ``(6) for any manufacturer, distributor, retailer, or private 
    labeler to distribute in commerce an adapter that--
            ``(A) is designed to allow an incandescent lamp that does 
        not have a medium screw base to be installed into a fixture or 
        lampholder with a medium screw base socket; and
            ``(B) is capable of being operated at a voltage range at 
        least partially within 110 and 130 volts.''.
    (f) Enforcement.--Section 334 of the Energy Policy and Conservation 
Act (42 U.S.C. 6304) is amended by inserting after the second sentence 
the following: ``Any such action to restrain any person from 
distributing in commerce a general service incandescent lamp that does 
not comply with the applicable standard established under section 
325(i) or an adapter prohibited under section 332(a)(6) may also be 
brought by the attorney general of a State in the name of the State.''.
    (g) Research and Development Program.--
        (1) In general.--The Secretary may carry out a lighting 
    technology research and development program--
            (A) to support the research, development, demonstration, 
        and commercial application of lamps and related technologies 
        sold, offered for sale, or otherwise made available in the 
        United States; and
            (B) to assist manufacturers of general service lamps in the 
        manufacturing of general service lamps that, at a minimum, 
        achieve the wattage requirements imposed as a result of the 
        amendments made by subsection (a).
        (2) Authorization of appropriations.--There are authorized to 
    be appropriated to carry out this subsection $10,000,000 for each 
    of fiscal years 2008 through 2013.
        (3) Termination of authority.--The program under this 
    subsection shall terminate on September 30, 2015.
    (h) Reports to Congress.--
        (1) Report on mercury use and release.--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, shall submit to Congress a report describing 
    recommendations relating to the means by which the Federal 
    Government may reduce or prevent the release of mercury during the 
    manufacture, transportation, storage, or disposal of light bulbs.
        (2) Report on rulemaking schedule.--Beginning on July 1, 2013, 
    and semiannually through July 1, 2016, the Secretary shall submit 
    to the Committee on Energy and Commerce of the House of 
    Representatives and the Committee on Energy and Natural Resources 
    of the Senate a report on--
            (A) whether the Secretary will meet the deadlines for the 
        rulemakings required under this section;
            (B) a description of any impediments to meeting the 
        deadlines; and
            (C) a specific plan to remedy any failures, including 
        recommendations for additional legislation or resources.
        (3) National academy review.--
            (A) In general.--Not later than December 31, 2009, the 
        Secretary shall enter into an arrangement with the National 
        Academy of Sciences to provide a report by December 31, 2013, 
        and an updated report by July 31, 2015. The report should 
        include--
                (i) the status of advanced solid state lighting 
            research, development, demonstration and commercialization;
                (ii) the impact on the types of lighting available to 
            consumers of an energy conservation standard requiring a 
            minimum of 45 lumens per watt for general service lighting 
            effective in 2020; and
                (iii) the time frame for the commercialization of 
            lighting that could replace current incandescent and 
            halogen incandescent lamp technology and any other new 
            technologies developed to meet the minimum standards 
            required under subsection (a)(3) of this section.
            (B) Reports.--The reports shall be transmitted to the 
        Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate.

SEC. 322. INCANDESCENT REFLECTOR LAMP EFFICIENCY STANDARDS.

    (a) Definitions.--Section 321 of the Energy Policy and Conservation 
Act (42 U.S.C. 6291) (as amended by section 316(c)(1)(D)) 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:
        ``(54) 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.
        ``(55) 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.
        ``(56) 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.
        ``(57) 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. 6995(i)) is amended by striking paragraph (1) and inserting the 
following:
        ``(1) Standards.--
            ``(A) Definition of effective date.--In this paragraph 
        (other than subparagraph (D)), the term `effective date' means, 
        with respect to each type of lamp specified in a table 
        contained in subparagraph (B), the last day of the period of 
        months corresponding to that type of lamp (as specified in the 
        table) that follows October 24, 1992.
            ``(B) Minimum standards.--Each of the following general 
        service fluorescent lamps and incandescent reflector lamps 
        manufactured after the effective date specified in the tables 
        contained in this paragraph shall meet or exceed the following 
        lamp efficacy and CRI standards:


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



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


            ``(C) Exemptions.--The standards specified in subparagraph 
        (B) shall not apply to the following types of incandescent 
        reflector lamps:
                ``(i) Lamps rated at 50 watts or less that are ER30, 
            BR30, BR40, or ER40 lamps.
                ``(ii) Lamps rated at 65 watts that are BR30, BR40, or 
            ER40 lamps.
                ``(iii) R20 incandescent reflector lamps rated 45 watts 
            or less.
            ``(D) Effective dates.--
                ``(i) ER, br, and bpar lamps.--The standards specified 
            in subparagraph (B) shall apply with respect to ER 
            incandescent reflector lamps, BR incandescent reflector 
            lamps, BPAR incandescent reflector lamps, and similar bulb 
            shapes on and after January 1, 2008.
                ``(ii) Lamps between 2.25-2.75 inches in diameter.--The 
            standards specified in subparagraph (B) shall apply with 
            respect to incandescent reflector lamps with a diameter of 
            more than 2.25 inches, but not more than 2.75 inches, on 
            and after the later of January 1, 2008, or the date that is 
            180 days after the date of enactment of the Energy 
            Independence and Security Act of 2007.''.

SEC. 323. PUBLIC BUILDING ENERGY EFFICIENT AND RENEWABLE ENERGY 
              SYSTEMS.

    (a) Estimate of Energy Performance in Prospectus.--Section 3307(b) 
of title 40, United States Code, is amended--
        (1) by striking ``and'' at the end of paragraph (5);
        (2) by striking the period at the end of paragraph (6) and 
    inserting ``; and''; and
        (3) by inserting after paragraph (6) the following:
        ``(7) with respect to any prospectus for the construction, 
    alteration, or acquisition of any building or space to be leased, 
    an estimate of the future energy performance of the building or 
    space and a specific description of the use of energy efficient and 
    renewable energy systems, including photovoltaic systems, in 
    carrying out the project.''.
    (b) Minimum Performance Requirements for Leased Space.--Section 
3307 of such title is amended--
        (1) by redesignating subsections (f) and (g) as subsections (g) 
    and (h), respectively; and
        (2) by inserting after subsection (e) the following:
    ``(f) Minimum Performance Requirements for Leased Space.--With 
respect to space to be leased, the Administrator shall include, to the 
maximum extent practicable, minimum performance requirements requiring 
energy efficiency and the use of renewable energy.''.
    (c) Use of Energy Efficient Lighting Fixtures and Bulbs.--
        (1) In general.--Chapter 33 of such title is amended--
            (A) by redesignating sections 3313, 3314, and 3315 as 
        sections 3314, 3315, and 3316, respectively; and
            (B) by inserting after section 3312 the following:

``Sec. 3313. Use of energy efficient lighting fixtures and bulbs

    ``(a) Construction, Alteration, and Acquisition of Public 
Buildings.--Each public building constructed, altered, or acquired by 
the Administrator of General Services shall be equipped, to the maximum 
extent feasible as determined by the Administrator, with lighting 
fixtures and bulbs that are energy efficient.
    ``(b) Maintenance of Public Buildings.--Each lighting fixture or 
bulb that is replaced by the Administrator in the normal course of 
maintenance of public buildings shall be replaced, to the maximum 
extent feasible, with a lighting fixture or bulb that is energy 
efficient.
    ``(c) Considerations.--In making a determination under this section 
concerning the feasibility of installing a lighting fixture or bulb 
that is energy efficient, the Administrator shall consider--
        ``(1) the life-cycle cost effectiveness of the fixture or bulb;
        ``(2) the compatibility of the fixture or bulb with existing 
    equipment;
        ``(3) whether use of the fixture or bulb could result in 
    interference with productivity;
        ``(4) the aesthetics relating to use of the fixture or bulb; 
    and
        ``(5) such other factors as the Administrator determines 
    appropriate.
    ``(d) Energy Star.--A lighting fixture or bulb shall be treated as 
being energy efficient for purposes of this section if--
        ``(1) the fixture or bulb is certified under the Energy Star 
    program established by section 324A of the Energy Policy and 
    Conservation Act (42 U.S.C. 6294a);
        ``(2) in the case of all light-emitting diode (LED) luminaires, 
    lamps, and systems whose efficacy (lumens per watt) and Color 
    Rendering Index (CRI) meet the Department of Energy requirements 
    for minimum luminaire efficacy and CRI for the Energy Star 
    certification, as verified by an independent third-party testing 
    laboratory that the Administrator and the Secretary of Energy 
    determine conducts its tests according to the procedures and 
    recommendations of the Illuminating Engineering Society of North 
    America, even if the luminaires, lamps, and systems have not 
    received such certification; or
        ``(3) the Administrator and the Secretary of Energy have 
    otherwise determined that the fixture or bulb is energy efficient.
    ``(e) Additional Energy Efficient Lighting Designations.--The 
Administrator of the Environmental Protection Agency and the Secretary 
of Energy shall give priority to establishing Energy Star performance 
criteria or Federal Energy Management Program designations for 
additional lighting product categories that are appropriate for use in 
public buildings.
    ``(f) Guidelines.--The Administrator shall develop guidelines for 
the use of energy efficient lighting technologies that contain mercury 
in child care centers in public buildings.
    ``(g) Applicability of Buy American Act.--Acquisitions carried out 
pursuant to this section shall be subject to the requirements of the 
Buy American Act (41 U.S.C. 10c et seq.).
    ``(h) Effective Date.--The requirements of subsections (a) and (b) 
shall take effect 1 year after the date of enactment of this 
subsection.''.
        (2) Clerical amendment.--The analysis for such chapter is 
    amended by striking the items relating to sections 3313, 3314, and 
    3315 and inserting the following:

``3313. Use of energy efficient lighting fixtures and bulbs.
``3314. Delegation.
``3315. Report to Congress.
``3316. Certain authority not affected.''.

    (d) Evaluation Factor.--Section 3310 of such title is amended--
        (1) by redesignating paragraphs (3), (4), and (5) as paragraphs 
    (4), (5), and (6), respectively; and
        (2) by inserting after paragraph (2) the following:
        ``(3) shall include in the solicitation for any lease requiring 
    a prospectus under section 3307 an evaluation factor considering 
    the extent to which the offeror will promote energy efficiency and 
    the use of renewable energy;''.

SEC. 324. METAL HALIDE LAMP FIXTURES.

    (a) Definitions.--Section 321 of the Energy Policy and Conservation 
Act (42 U.S.C. 6291) (as amended by section 322(a)(2)) is amended by 
adding at the end the following:
        ``(58) Ballast.--The term `ballast' means a device used with an 
    electric discharge lamp to obtain necessary circuit conditions 
    (voltage, current, and waveform) for starting and operating.
        ``(59) Ballast efficiency.--
            ``(A) In general.--The term `ballast efficiency' means, in 
        the case of a high intensity discharge fixture, the efficiency 
        of a lamp and ballast combination, expressed as a percentage, 
        and calculated in accordance with the following formula: 
        Efficiency = P<INF>out</INF>/P<INF>in</INF>.
            ``(B) Efficiency formula.--For the purpose of subparagraph 
        (A)--
                ``(i) P<INF>out </INF>shall equal the measured 
            operating lamp wattage;
                ``(ii) P<INF>in</INF> shall equal the measured 
            operating input wattage;
                ``(iii) the lamp, and the capacitor when the capacitor 
            is provided, shall constitute a nominal system in 
            accordance with the ANSI Standard C78.43-2004;
                ``(iv) for ballasts with a frequency of 60 Hz, 
            P<INF>in</INF> and P<INF>out</INF> shall be measured after 
            lamps have been stabilized according to section 4.4 of ANSI 
            Standard C82.6-2005 using a wattmeter with accuracy 
            specified in section 4.5 of ANSI Standard C82.6-2005; and
                ``(v) for ballasts with a frequency greater than 60 Hz, 
            P<INF>in</INF> and P<INF>out</INF> shall have a basic 
            accuracy of <plus-minus> 0.5 percent at the higher of--

                    ``(I) 3 times the output operating frequency of the 
                ballast; or
                    ``(II) 2 kHz for ballast with a frequency greater 
                than 60 Hz.

            ``(C) Modification.--The Secretary may, by rule, modify the 
        definition of `ballast efficiency' if the Secretary determines 
        that the modification is necessary or appropriate to carry out 
        the purposes of this Act.
        ``(60) Electronic ballast.--The term `electronic ballast' means 
    a device that uses semiconductors as the primary means to control 
    lamp starting and operation.
        ``(61) General lighting application.--The term `general 
    lighting application' means lighting that provides an interior or 
    exterior area with overall illumination.
        ``(62) Metal halide ballast.--The term `metal halide ballast' 
    means a ballast used to start and operate metal halide lamps.
        ``(63) Metal halide lamp.--The term `metal halide lamp' means a 
    high intensity discharge lamp in which the major portion of the 
    light is produced by radiation of metal halides and their products 
    of dissociation, possibly in combination with metallic vapors.
        ``(64) Metal halide lamp fixture.--The term `metal halide lamp 
    fixture' means a light fixture for general lighting application 
    designed to be operated with a metal halide lamp and a ballast for 
    a metal halide lamp.
        ``(65) Probe-start metal halide ballast.--The term `probe-start 
    metal halide ballast' means a ballast that--
            ``(A) starts a probe-start metal halide lamp that contains 
        a third starting electrode (probe) in the arc tube; and
            ``(B) does not generally contain an igniter but instead 
        starts lamps with high ballast open circuit voltage.
        ``(66) Pulse-start metal halide ballast.--
            ``(A) In general.--The term `pulse-start metal halide 
        ballast' means an electronic or electromagnetic ballast that 
        starts a pulse-start metal halide lamp with high voltage 
        pulses.
            ``(B) Starting process.--For the purpose of subparagraph 
        (A)--
                ``(i) lamps shall be started by first providing a high 
            voltage pulse for ionization of the gas to produce a glow 
            discharge; and
                ``(ii) to complete the starting process, power shall be 
            provided by the ballast to sustain the discharge through 
            the glow-to-arc transition.''.
    (b) Coverage.--Section 322(a) of the Energy Policy and Conservation 
Act (42 U.S.C. 6292(a)) is amended--
        (1) by redesignating paragraph (19) as paragraph (20); and
        (2) by inserting after paragraph (18) the following:
        ``(19) Metal halide lamp fixtures.''.
    (c) Test Procedures.--Section 323(b) of the Energy Policy and 
Conservation Act (42 U.S.C. 6293(b)) (as amended by section 301(b)) is 
amended by adding at the end the following:
        ``(18) Metal halide lamp ballasts.--Test procedures for metal 
    halide lamp ballasts shall be based on ANSI Standard C82.6-2005, 
    entitled `Ballasts for High Intensity Discharge Lamps--Method of 
    Measurement'.''.
    (d) Labeling.--Section 324(a)(2) of the Energy Policy and 
Conservation Act (42 U.S.C. 6294(a)(2)) is amended--
        (1) by redesignating subparagraphs (C) through (G) as 
    subparagraphs (D) through (H), respectively; and
        (2) by inserting after subparagraph (B) the following:
            ``(C) Metal halide lamp fixtures.--
                ``(i) In general.--The Commission shall issue labeling 
            rules under this section applicable to the covered product 
            specified in section 322(a)(19) and to which standards are 
            applicable under section 325.
                ``(ii) Labeling.--The rules shall provide that the 
            labeling of any metal halide lamp fixture manufactured on 
            or after the later of January 1, 2009, or the date that is 
            270 days after the date of enactment of this subparagraph, 
            shall indicate conspicuously, in a manner prescribed by the 
            Commission under subsection (b) by July 1, 2008, a capital 
            letter `E' printed within a circle on the packaging of the 
            fixture, and on the ballast contained in the fixture.''.
    (e) Standards.--Section 325 of the Energy Policy and Conservation 
Act (42 U.S.C. 6295) (as amended by section 310) is amended--
        (1) by redesignating subsection (hh) as subsection (ii);
        (2) by inserting after subsection (gg) the following:
    ``(hh) Metal Halide Lamp Fixtures.--
        ``(1) Standards.--
            ``(A) In general.--Subject to subparagraphs (B) and (C), 
        metal halide lamp fixtures designed to be operated with lamps 
        rated greater than or equal to 150 watts but less than or equal 
        to 500 watts shall contain--
                ``(i) a pulse-start metal halide ballast with a minimum 
            ballast efficiency of 88 percent;
                ``(ii) a magnetic probe-start ballast with a minimum 
            ballast efficiency of 94 percent; or
                ``(iii) a nonpulse-start electronic ballast with--

                    ``(I) a minimum ballast efficiency of 92 percent 
                for wattages greater than 250 watts; and
                    ``(II) a minimum ballast efficiency of 90 percent 
                for wattages less than or equal to 250 watts.

            ``(B) Exclusions.--The standards established under 
        subparagraph (A) shall not apply to--
                ``(i) fixtures with regulated lag ballasts;
                ``(ii) fixtures that use electronic ballasts that 
            operate at 480 volts; or
                ``(iii) fixtures that--

                    ``(I) are rated only for 150 watt lamps;
                    ``(II) are rated for use in wet locations, as 
                specified by the National Electrical Code 2002, section 
                410.4(A); and
                    ``(III) contain a ballast that is rated to operate 
                at ambient air temperatures above 50C, as specified by 
                UL 1029-2001.

            ``(C) Application.--The standards established under 
        subparagraph (A) shall apply to metal halide lamp fixtures 
        manufactured on or after the later of--
                ``(i) January 1, 2009; or
                ``(ii) the date that is 270 days after the date of 
            enactment of this subsection.
        ``(2) Final rule by january 1, 2012.--
            ``(A) In general.--Not later than January 1, 2012, the 
        Secretary shall publish a final rule to determine whether the 
        standards established under paragraph (1) should be amended.
            ``(B) Administration.--The final rule shall--
                ``(i) contain any amended standard; and
                ``(ii) apply to products manufactured on or after 
            January 1, 2015.
        ``(3) Final rule by january 1, 2019.--
            ``(A) In general.--Not later than January 1, 2019, the 
        Secretary shall publish a final rule to determine whether the 
        standards then in effect should be amended.
            ``(B) Administration.--The final rule shall--
                ``(i) contain any amended standards; and
                ``(ii) apply to products manufactured after January 1, 
            2022.
        ``(4) Design and performance requirements.--Notwithstanding any 
    other provision of law, any standard established pursuant to this 
    subsection may contain both design and performance requirements.''; 
    and
        (3) in paragraph (2) of subsection (ii) (as redesignated by 
    paragraph (2)), by striking ``(gg)'' each place it appears and 
    inserting ``(hh)''.
    (f) Effect on Other Law.--Section 327(c) of the Energy Policy and 
Conservation Act (42 U.S.C. 6297(c)) is amended--
        (1) in paragraph (8)(B), by striking the period at the end and 
    inserting ``; and''; and
        (2) by adding at the end the following:
        ``(9) is a regulation concerning metal halide lamp fixtures 
    adopted by the California Energy Commission on or before January 1, 
    2011, except that--
            ``(A) if the Secretary fails to issue a final rule within 
        180 days after the deadlines for rulemakings in section 
        325(hh), notwithstanding any other provision of this section, 
        preemption shall not apply to a regulation concerning metal 
        halide lamp fixtures adopted by the California Energy 
        Commission--
                ``(i) on or before July 1, 2015, if the Secretary fails 
            to meet the deadline specified in section 325(hh)(2); or
                ``(ii) on or before July 1, 2022, if the Secretary 
            fails to meet the deadline specified in section 
            325(hh)(3).''.

SEC. 325. 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)) (as amended by section 324(d)) is 
amended--
        (1) in paragraph (2), by adding at the end the following:
            ``(I) 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, prescribe 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, prescribe 
            labeling or other disclosure 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, or other 
                disclosures relating to, 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, 
                or other disclosure requirements for, electronic 
                products described in clause (i).
                    ``(II) Requirements.--The requirements prescribed 
                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, by regulation, require labeling or other 
    disclosures 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)(I) or (6) of 
    subsection (a).''.

           TITLE IV--ENERGY SAVINGS IN BUILDINGS AND INDUSTRY

SEC. 401. DEFINITIONS.

    In this title:
        (1) Administrator.--The term ``Administrator'' means the 
    Administrator of General Services.
        (2) Advisory committee.--The term ``Advisory Committee'' means 
    the Green Building Advisory Committee established under section 
    484.
        (3) Commercial director.--The term ``Commercial Director'' 
    means the individual appointed to the position established under 
    section 421.
        (4) Consortium.--The term ``Consortium'' means the High-
    Performance Green Building Partnership Consortium created in 
    response to section 436(c)(1) to represent the private sector in a 
    public-private partnership to promote high-performance green 
    buildings and zero-net-energy commercial buildings.
        (5) 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);
                    (II) Federal acquisition regulation 23-203; and
                    (III) is at least as energy-conserving as required 
                by other provisions of this Act, including the 
                requirements of this title and title III which shall be 
                applicable to the extent that they would achieve 
                greater energy savings than provided under clause (i) 
                or this clause.

            (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.
        (6) 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 electricity or fossil fuel consumption, water, or 
        other utility costs, including use of geothermal heat pumps;
            (B) complies with the provisions of section 553 of Public 
        Law 95-619 (42 U.S.C. 8259b) and Federal acquisition regulation 
        23-203; and
            (C) is at least as energy and water conserving as required 
        under this title, including sections 431 through 435, and title 
        V, including sections 511 through 525, which shall be 
        applicable to the extent that they are more stringent or 
        require greater energy or water savings than required by this 
        section.
        (7) Federal director.--The term ``Federal Director'' means the 
    individual appointed to the position established under section 
    436(a).
        (8) Federal facility.--The term ``Federal facility'' means any 
    building that is constructed, renovated, leased, or purchased in 
    part or in whole for use by the Federal Government.
        (9) 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 329(b) of 
        the Clean Air Act, that achieves cost savings sufficient to pay 
        the incremental additional costs of using cost-effective 
        technologies and practices including geothermal heat pumps by 
        not later than the later of the date established under sections 
        431 through 434, or--
                (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.
        (10) 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.
        (11) 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)).
        (12) High-performance building.--The term ``high-performance 
    building'' means a building that integrates and optimizes on a life 
    cycle basis all major high performance attributes, including energy 
    conservation, environment, safety, security, durability, 
    accessibility, cost-benefit, productivity, sustainability, 
    functionality, and operational considerations.
        (13) High-performance green building.--The term ``high-
    performance green building'' means a high-performance building 
    that, during its life-cycle, as compared with similar buildings (as 
    measured by Commercial Buildings Energy Consumption Survey or 
    Residential Energy Consumption Survey data from the Energy 
    Information Agency)--
            (A) reduces energy, water, and material resource use;
            (B) improves indoor environmental quality, including 
        reducing indoor pollution, improving thermal comfort, and 
        improving lighting and acoustic environments that affect 
        occupant health and productivity;
            (C) reduces negative impacts on the environment throughout 
        the life-cycle of the building, including air and water 
        pollution and waste generation;
            (D) increases the use of environmentally preferable 
        products, including biobased, recycled content, and nontoxic 
        products with lower life-cycle impacts;
            (E) increases reuse and recycling opportunities;
            (F) integrates systems in the building;
            (G) reduces the environmental and energy impacts of 
        transportation through building location and site design that 
        support a full range of transportation choices for users of the 
        building; and
            (H) considers indoor and outdoor effects of the building on 
        human health and the environment, including--
                (i) improvements in worker productivity;
                (ii) the life-cycle impacts of building materials and 
            operations; and
                (iii) other factors that the Federal Director or the 
            Commercial Director consider to be appropriate.
        (14) 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 high-
    performance green building project and continuing through site 
    selection, design, construction, landscaping, commissioning, 
    operation, maintenance, renovation, deconstruction or demolition, 
    removal, and recycling of the high-performance green building.
        (15) 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.
        (16) 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.
        (17) Office of commercial high-performance green buildings.--
    The term ``Office of Commercial High-Performance Green Buildings'' 
    means the Office of Commercial High-Performance Green Buildings 
    established under section 421(a).
        (18) Office of federal high-performance green buildings.--The 
    term ``Office of Federal High-Performance Green Buildings'' means 
    the Office of Federal High-Performance Green Buildings established 
    under section 436(a).
        (19) Practices.--The term ``practices'' means design, 
    financing, permitting, construction, commissioning, operation and 
    maintenance, and other practices that contribute to achieving zero-
    net-energy buildings or facilities.
        (20) Zero-net-energy commercial building.--The term ``zero-net-
    energy commercial building'' means a commercial building that is 
    designed, constructed, and operated to--
            (A) require a greatly reduced quantity of energy to 
        operate;
            (B) meet the balance of energy needs from sources of energy 
        that do not produce greenhouse gases;
            (C) therefore result in no net emissions of greenhouse 
        gases; and
            (D) be economically viable.

              Subtitle A--Residential Building Efficiency

SEC. 411. REAUTHORIZATION OF WEATHERIZATION ASSISTANCE PROGRAM.

    (a) In General.--Section 422 of the Energy Conservation and 
Production Act (42 U.S.C. 6872) is amended by striking ``appropriated 
$500,000,000 for fiscal year 2006, $600,000,000 for fiscal year 2007, 
and $700,000,000 for fiscal year 2008'' and inserting ``appropriated--
        ``(1) $750,000,000 for fiscal year 2008;
        ``(2) $900,000,000 for fiscal year 2009;
        ``(3) $1,050,000,000 for fiscal year 2010;
        ``(4) $1,200,000,000 for fiscal year 2011; and
        ``(5) $1,400,000,000 for fiscal year 2012.''.
    (b) Sustainable Energy Resources for Consumers Grants.--
        (1) In general.--The Secretary may make funding available to 
    local weatherization agencies from amounts authorized under the 
    amendment made by subsection (a) to expand the weatherization 
    assistance program for residential buildings to include materials, 
    benefits, and renewable and domestic energy technologies not 
    covered by the program (as of the date of enactment of this Act), 
    if the State weatherization grantee certifies that the applicant 
    has the capacity to carry out the proposed activities and that the 
    grantee will include the project in the financial oversight of the 
    grantee of the weatherization assistance program.
        (2) Priority.--In selecting grant recipients under this 
    subsection, the Secretary shall give priority to--
            (A) the expected effectiveness and benefits of the proposed 
        project to low- and moderate-income energy consumers;
            (B) the potential for replication of successful results;
            (C) the impact on the health and safety and energy costs of 
        consumers served; and
            (D) the extent of partnerships with other public and 
        private entities that contribute to the resources and 
        implementation of the program, including financial 
        partnerships.
        (3) Funding.--
            (A) In general.--Except as provided in paragraph (2), the 
        amount of funds used for projects described in paragraph (1) 
        may equal up to 2 percent of the amount of funds made available 
        for any fiscal year under section 422 of the Energy 
        Conservation and Production Act (42 U.S.C. 6872).
            (B) Exception.--No funds may be used for sustainable energy 
        resources for consumers grants for a fiscal year under this 
        subsection if the amount of funds made available for the fiscal 
        year to carry out the Weatherization Assistance Program for 
        Low-Income Persons established under part A of title IV of the 
        Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) 
        is less than $275,000,000.
    (c) 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;
            ``(C) the Commonwealth of Puerto Rico; and
            ``(D) any other territory or possession of the United 
        States.''.

SEC. 412. STUDY OF RENEWABLE ENERGY REBATE PROGRAMS.

    (a) In General.--Not later than 120 days after the date of 
enactment of this Act, the Secretary shall conduct, and submit to 
Congress a report on, a study regarding the rebate programs established 
under sections 124 and 206(c) of the Energy Policy Act of 2005 (42 
U.S.C. 15821, 15853).
    (b) Components.--In conducting the study, the Secretary shall--
        (1) develop a plan for how the rebate programs would be carried 
    out if the programs were funded; and
        (2) determine the minimum amount of funding the program would 
    need to receive in order to accomplish the goals of the programs.

SEC. 413. ENERGY CODE IMPROVEMENTS APPLICABLE TO MANUFACTURED HOUSING.

    (a) Establishment of Standards.--
        (1) In general.--Not later than 4 years after the date of 
    enactment of this Act, the Secretary shall by regulation establish 
    standards for energy efficiency in manufactured housing.
        (2) Notice, comment, and consultation.--Standards described in 
    paragraph (1) shall be established after--
            (A) notice and an opportunity for comment by manufacturers 
        of manufactured housing and other interested parties; and
            (B) consultation with the Secretary of Housing and Urban 
        Development, who may seek further counsel from the Manufactured 
        Housing Consensus Committee.
    (b) Requirements.--
        (1) International energy conservation code.--The energy 
    conservation standards established under this section shall be 
    based on the most recent version of the International Energy 
    Conservation Code (including supplements), except in cases in which 
    the Secretary finds that the code is not cost-effective, or a more 
    stringent standard would be more cost-effective, based on the 
    impact of the code on the purchase price of manufactured housing 
    and on total life-cycle construction and operating costs.
        (2) Considerations.--The energy conservation standards 
    established under this section may--
            (A) take into consideration the design and factory 
        construction techniques of manufactured homes;
            (B) be based on the climate zones established by the 
        Department of Housing and Urban Development rather than the 
        climate zones under the International Energy Conservation Code; 
        and
            (C) provide for alternative practices that result in net 
        estimated energy consumption equal to or less than the 
        specified standards.
        (3) Updating.--The energy conservation standards established 
    under this section shall be updated not later than--
            (A) 1 year after the date of enactment of this Act; and
            (B) 1 year after any revision to the International Energy 
        Conservation Code.
    (c) Enforcement.--Any manufacturer of manufactured housing that 
violates a provision of the regulations under subsection (a) is liable 
to the United States for a civil penalty in an amount not exceeding 1 
percent of the manufacturer's retail list price of the manufactured 
housing.

           Subtitle B--High-Performance Commercial Buildings

SEC. 421. COMMERCIAL HIGH-PERFORMANCE GREEN BUILDINGS.

    (a) Director of Commercial High-Performance Green Buildings.--
Notwithstanding any other provision of law, the Secretary, acting 
through the Assistant Secretary of Energy Efficiency and Renewable 
Energy, shall appoint a Director of Commercial High-Performance Green 
Buildings to a position in the career-reserved Senior Executive 
service, with the principal responsibility to--
        (1) establish and manage the Office of Commercial High-
    Performance Green Buildings; and
        (2) carry out other duties as required under this subtitle.
    (b) Qualifications.--The Commercial Director shall be an 
individual, who by reason of professional background and experience, is 
specifically qualified to carry out the duties required under this 
subtitle.
    (c) Duties.--The Commercial Director shall, with respect to 
development of high-performance green buildings and zero-energy 
commercial buildings nationwide--
        (1) coordinate the activities of the Office of Commercial High-
    Performance Green Buildings with the activities of the Office of 
    Federal High-Performance Green Buildings;
        (2) develop the legal predicates and agreements for, negotiate, 
    and establish one or more public-private partnerships with the 
    Consortium, members of the Consortium, and other capable parties 
    meeting the qualifications of the Consortium, to further such 
    development;
        (3) represent the public and the Department in negotiating and 
    performing in accord with such public-private partnerships;
        (4) use appropriated funds in an effective manner to encourage 
    the maximum investment of private funds to achieve such 
    development;
        (5) promote research and development of high-performance green 
    buildings, consistent with section 423; and
        (6) jointly establish with the Federal Director a national 
    high-performance green building clearinghouse in accordance with 
    section 423(1), which shall provide high-performance green building 
    information and disseminate research results through--
            (A) outreach;
            (B) education; and
            (C) the provision of technical assistance.
    (d) Reporting.--The Commercial Director shall report directly to 
the Assistant Secretary for Energy Efficiency and Renewable Energy, or 
to other senior officials in a way that facilitates the integrated 
program of this subtitle for both energy efficiency and renewable 
energy and both technology development and technology deployment.
    (e) Coordination.--The Commercial Director shall ensure full 
coordination of high-performance green building information and 
activities, including activities under this subtitle, within the 
Federal Government by working with the General Services Administration 
and all relevant agencies, including, at a minimum--
        (1) the Environmental Protection Agency;
        (2) the Office of the Federal Environmental Executive;
        (3) the Office of Federal Procurement Policy;
        (4) the Department of Energy, particularly the Federal Energy 
    Management Program;
        (5) the Department of Health and Human Services;
        (6) the Department of Housing and Urban Development;
        (7) the Department of Defense;
        (8) the National Institute of Standards and Technology;
        (9) the Department of Transportation;
        (10) the Office of Science Technology and Policy; and
        (11) such nonprofit high-performance green building rating and 
    analysis entities as the Commercial Director determines can offer 
    support, expertise, and review services.
    (f) High-Performance Green Building Partnership Consortium.--
        (1) Recognition.--Not later than 90 days after the date of 
    enactment of this Act, the Commercial Director shall formally 
    recognize one or more groups that qualify as a high-performance 
    green building partnership consortium.
        (2) Representation to qualify.--To qualify under this section, 
    any consortium shall include representation from--
            (A) the design professions, including national associations 
        of architects and of professional engineers;
            (B) the development, construction, financial, and real 
        estate industries;
            (C) building owners and operators from the public and 
        private sectors;
            (D) academic and research organizations, including at least 
        one national laboratory with extensive commercial building 
        energy expertise;
            (E) building code agencies and organizations, including a 
        model energy code-setting organization;
            (F) independent high-performance green building 
        associations or councils;
            (G) experts in indoor air quality and environmental 
        factors;
            (H) experts in intelligent buildings and integrated 
        building information systems;
            (I) utility energy efficiency programs;
            (J) manufacturers and providers of equipment and techniques 
        used in high-performance green buildings;
            (K) public transportation industry experts; and
            (L) nongovernmental energy efficiency organizations.
        (3) Funding.--The Secretary may make payments to the Consortium 
    pursuant to the terms of a public-private partnership for such 
    activities of the Consortium undertaken under such a partnership as 
    described in this subtitle directly to the Consortium or through 
    one or more of its members.
    (g) Report.--Not later than 2 years after the date of enactment of 
this Act, and biennially thereafter, the Commercial Director, in 
consultation with the Consortium, shall submit to Congress a report 
that--
        (1) describes the status of the high-performance green building 
    initiatives under this subtitle and other Federal programs 
    affecting commercial high-performance green buildings 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; and
        (2) summarizes and highlights development, at the State and 
    local level, of high-performance green building initiatives, 
    including executive orders, policies, or laws adopted promoting 
    high-performance green building (including the status of 
    implementation of those initiatives).

SEC. 422. ZERO NET ENERGY COMMERCIAL BUILDINGS INITIATIVE.

    (a) Definitions.--In this section:
        (1) Consortium.--The term ``consortium'' means a High-
    Performance Green Building Consortium selected by the Commercial 
    Director.
        (2) Initiative.--The term ``initiative'' means the Zero-Net-
    Energy Commercial Buildings Initiative established under subsection 
    (b)(1).
        (3) Zero-net-energy commercial building.--The term ``zero-net-
    energy commercial building'' means a high-performance commercial 
    building that is designed, constructed, and operated--
            (A) to require a greatly reduced quantity of energy to 
        operate;
            (B) to meet the balance of energy needs from sources of 
        energy that do not produce greenhouse gases;
            (C) in a manner that will result in no net emissions of 
        greenhouse gases; and
            (D) to be economically viable.
    (b) Establishment.--
        (1) In general.--The Commercial Director shall establish an 
    initiative, to be known as the ``Zero-Net-Energy Commercial 
    Buildings Initiative''--
            (A) to reduce the quantity of energy consumed by commercial 
        buildings located in the United States; and
            (B) to achieve the development of zero net energy 
        commercial buildings in the United States.
        (2) Consortium.--
            (A) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Commercial Director shall 
        competitively select, and enter into an agreement with, a 
        consortium to develop and carry out the initiative.
            (B) Agreements.--In entering into an agreement with a 
        consortium under subparagraph (A), the Commercial Director 
        shall use the authority described in section 646(g) of the 
        Department of Energy Organization Act (42 U.S.C. 7256(g)), to 
        the maximum extent practicable.
    (c) Goal of Initiative.--The goal of the initiative shall be to 
develop and disseminate technologies, practices, and policies for the 
development and establishment of zero net energy commercial buildings 
for--
        (1) any commercial building newly constructed in the United 
    States by 2030;
        (2) 50 percent of the commercial building stock of the United 
    States by 2040; and
        (3) all commercial buildings in the United States by 2050.
    (d) Components.--In carrying out the initiative, the Commercial 
Director, in consultation with the consortium, may--
        (1) conduct research and development on building science, 
    design, materials, components, equipment and controls, operation 
    and other practices, integration, energy use measurement, and 
    benchmarking;
        (2) conduct pilot programs and demonstration projects to 
    evaluate replicable approaches to achieving energy efficient 
    commercial buildings for a variety of building types in a variety 
    of climate zones;
        (3) conduct deployment, dissemination, and technical assistance 
    activities to encourage widespread adoption of technologies, 
    practices, and policies to achieve energy efficient commercial 
    buildings;
        (4) conduct other research, development, demonstration, and 
    deployment activities necessary to achieve each goal of the 
    initiative, as determined by the Commercial Director, in 
    consultation with the consortium;
        (5) develop training materials and courses for building 
    professionals and trades on achieving cost-effective high-
    performance energy efficient buildings;
        (6) develop and disseminate public education materials to share 
    information on the benefits and cost-effectiveness of high-
    performance energy efficient buildings;
        (7) support code-setting organizations and State and local 
    governments in developing minimum performance standards in building 
    codes that recognize the ready availability of many technologies 
    utilized in high-performance energy efficient buildings;
        (8) develop strategies for overcoming the split incentives 
    between builders and purchasers, and landlords and tenants, to 
    ensure that energy efficiency and high-performance investments are 
    made that are cost-effective on a lifecycle basis; and
        (9) develop improved means of measurement and verification of 
    energy savings and performance for public dissemination.
    (e) Cost Sharing.--In carrying out this section, the Commercial 
Director shall require cost sharing in accordance with section 988 of 
the Energy Policy Act of 2005 (42 U.S.C. 16352).
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
        (1) $20,000,000 for fiscal year 2008;
        (2) $50,000,000 for each of fiscal years 2009 and 2010;
        (3) $100,000,000 for each of fiscal years 2011 and 2012; and
        (4) $200,000,000 for each of fiscal years 2013 through 2018.

SEC. 423. PUBLIC OUTREACH.

    The Commercial Director and Federal Director, in coordination with 
the Consortium, shall carry out public outreach to inform individuals 
and entities of the information and services available governmentwide 
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 
        the 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) international organizations;
        (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, tools, and 
    resources for constructing high-performance green buildings, 
    particularly tools 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 to the public, through the Commercial Director, 
    technical and research information or other forms of assistance or 
    advice that would be useful in planning and constructing high-
    performance green buildings;
        (6) using such additional methods as are determined by the 
    Commercial Director to be appropriate to conduct public outreach;
        (7) surveying existing research and studies relating to high-
    performance green buildings; and
        (8) coordinating activities of common interest.

             Subtitle C--High-Performance Federal Buildings

SEC. 431. ENERGY REDUCTION GOALS 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. 432. MANAGEMENT OF ENERGY AND WATER EFFICIENCY IN FEDERAL 
              BUILDINGS.

    Section 543 of the National Energy Conservation Policy Act (42 
U.S.C. 8253) is amended by adding at the end the following:
    ``(f) Use of Energy and Water Efficiency Measures in Federal 
Buildings.--
        ``(1) Definitions.--In this subsection:
            ``(A) Commissioning.--The term `commissioning', with 
        respect to a facility, means a systematic process--
                ``(i) of ensuring, using appropriate verification and 
            documentation, during the period beginning on the initial 
            day of the design phase of the facility and ending not 
            earlier than 1 year after the date of completion of 
            construction of the facility, that all facility systems 
            perform interactively in accordance with--

                    ``(I) the design documentation and intent of the 
                facility; and
                    ``(II) the operational needs of the owner of the 
                facility, including preparation of operation personnel; 
                and

                ``(ii) the primary goal of which is to ensure fully 
            functional systems that can be properly operated and 
            maintained during the useful life of the facility.
            ``(B) Energy manager.--
                ``(i) In general.--The term `energy manager', with 
            respect to a facility, means the individual who is 
            responsible for--

                    ``(I) ensuring compliance with this subsection by 
                the facility; and
                    ``(II) reducing energy use at the facility.

                ``(ii) Inclusions.--The term `energy manager' may 
            include--

                    ``(I) a contractor of a facility;
                    ``(II) a part-time employee of a facility; and
                    ``(III) an individual who is responsible for 
                multiple facilities.

            ``(C) Facility.--
                ``(i) In general.--The term `facility' means any 
            building, installation, structure, or other property 
            (including any applicable fixtures) owned or operated by, 
            or constructed or manufactured and leased to, the Federal 
            Government.
                ``(ii) Inclusions.--The term `facility' includes--

                    ``(I) a group of facilities at a single location or 
                multiple locations managed as an integrated operation; 
                and
                    ``(II) contractor-operated facilities owned by the 
                Federal Government.

                ``(iii) Exclusions.--The term `facility' does not 
            include any land or site for which the cost of utilities is 
            not paid by the Federal Government.
            ``(D) Life cycle cost-effective.--The term `life cycle 
        cost-effective', with respect to a measure, means a measure, 
        the estimated savings of which exceed the estimated costs over 
        the lifespan of the measure, as determined in accordance with 
        section 544.
            ``(E) Payback period.--
                ``(i) In general.--Subject to clause (ii), the term 
            `payback period', with respect to a measure, means a value 
            equal to the quotient obtained by dividing--

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

                        ``(aa) net savings in estimated energy and 
                    water costs; and
                        ``(bb) operations, maintenance, repair, 
                    replacement, and other direct costs.
                ``(ii) Modifications and exceptions.--The Secretary, in 
            guidelines issued pursuant to paragraph (6), may make such 
            modifications and provide such exceptions to the 
            calculation of the payback period of a measure as the 
            Secretary determines to be appropriate to achieve the 
            purposes of this Act.
            ``(F) Recommissioning.--The term `recommissioning' means a 
        process--
                ``(i) of commissioning a facility or system beyond the 
            project development and warranty phases of the facility or 
            system; and
                ``(ii) the primary goal of which is to ensure optimum 
            performance of a facility, in accordance with design or 
            current operating needs, over the useful life of the 
            facility, while meeting building occupancy requirements.
            ``(G) Retrocommissioning.--The term `retrocommis-
        sioning' means a process of commissioning a facility or system 
        that was not commissioned at the time of construction of the 
        facility or system.
        ``(2) Facility energy managers.--
            ``(A) In general.--Each Federal agency shall designate an 
        energy manager responsible for implementing this subsection and 
        reducing energy use at each facility that meets criteria under 
        subparagraph (B).
            ``(B) Covered facilities.--The Secretary shall develop 
        criteria, after consultation with affected agencies, energy 
        efficiency advocates, and energy and utility service providers, 
        that cover, at a minimum, Federal facilities, including central 
        utility plants and distribution systems and other energy 
        intensive operations, that constitute at least 75 percent of 
        facility energy use at each agency.
        ``(3) Energy and water evaluations.--
            ``(A) Evaluations.--Effective beginning on the date that is 
        180 days after the date of enactment of this subsection and 
        annually thereafter, energy managers shall complete, for each 
        calendar year, a comprehensive energy and water evaluation for 
        approximately 25 percent of the facilities of each agency that 
        meet the criteria under paragraph (2)(B) in a manner that 
        ensures that an evaluation of each such facility is completed 
        at least once every 4 years.
            ``(B) Recommissioning and retrocommissioning.--As part of 
        the evaluation under subparagraph (A), the energy manager shall 
        identify and assess recommissioning measures (or, if the 
        facility has never been commissioned, retrocommissioning 
        measures) for each such facility.
        ``(4) Implementation of identified energy and water efficiency 
    measures.--Not later than 2 years after the completion of each 
    evaluation under paragraph (3), each energy manager may--
            ``(A) implement any energy- or water-saving measure that 
        the Federal agency identified in the evaluation conducted under 
        paragraph (3) that is life cycle cost-effective; and
            ``(B) bundle individual measures of varying paybacks 
        together into combined projects.
        ``(5) Follow-up on implemented measures.--For each measure 
    implemented under paragraph (4), each energy manager shall ensure 
    that--
            ``(A) equipment, including building and equipment controls, 
        is fully commissioned at acceptance to be operating at design 
        specifications;
            ``(B) a plan for appropriate operations, maintenance, and 
        repair of the equipment is in place at acceptance and is 
        followed;
            ``(C) equipment and system performance is measured during 
        its entire life to ensure proper operations, maintenance, and 
        repair; and
            ``(D) energy and water savings are measured and verified.
        ``(6) Guidelines.--
            ``(A) In general.--The Secretary shall issue guidelines and 
        necessary criteria that each Federal agency shall follow for 
        implementation of--
                ``(i) paragraphs (2) and (3) not later than 180 days 
            after the date of enactment of this subsection; and
                ``(ii) paragraphs (4) and (5) not later than 1 year 
            after the date of enactment of this subsection.
            ``(B) Relationship to funding source.--The guidelines 
        issued by the Secretary under subparagraph (A) shall be 
        appropriate and uniform for measures funded with each type of 
        funding made available under paragraph (10), but may 
        distinguish between different types of measures project size, 
        and other criteria the Secretary determines are relevant.
        ``(7) Web-based certification.--
            ``(A) In general.--For each facility that meets the 
        criteria established by the Secretary under paragraph (2)(B), 
        the energy manager shall use the web-based tracking system 
        under subparagraph (B) to certify compliance with the 
        requirements for--
                ``(i) energy and water evaluations under paragraph (3);
                ``(ii) implementation of identified energy and water 
            measures under paragraph (4); and
                ``(iii) follow-up on implemented measures under 
            paragraph (5).
            ``(B) Deployment.--
                ``(i) In general.--Not later than 1 year after the date 
            of enactment of this subsection, the Secretary shall 
            develop and deploy a web-based tracking system required 
            under this paragraph in a manner that tracks, at a 
            minimum--

                    ``(I) the covered facilities;
                    ``(II) the status of meeting the requirements 
                specified in subparagraph (A);
                    ``(III) the estimated cost and savings for measures 
                required to be implemented in a facility;
                    ``(IV) the measured savings and persistence of 
                savings for implemented measures; and
                    ``(V) the benchmarking information disclosed under 
                paragraph (8)(C).

                ``(ii) Ease of compliance.--The Secretary shall ensure 
            that energy manager compliance with the requirements in 
            this paragraph, to the maximum extent practicable--

                    ``(I) can be accomplished with the use of 
                streamlined procedures and templates that minimize the 
                time demands on Federal employees; and
                    ``(II) is coordinated with other applicable energy 
                reporting requirements.

            ``(C) Availability.--
                ``(i) In general.--Subject to clause (ii), the 
            Secretary shall make the web-based tracking system required 
            under this paragraph available to Congress, other Federal 
            agencies, and the public through the Internet.
                ``(ii) Exemptions.--At the request of a Federal agency, 
            the Secretary may exempt specific data for specific 
            facilities from disclosure under clause (i) for national 
            security purposes.
        ``(8) Benchmarking of federal facilities.--
            ``(A) In general.--The energy manager shall enter energy 
        use data for each metered building that is (or is a part of) a 
        facility that meets the criteria established by the Secretary 
        under paragraph (2)(B) into a building energy use benchmarking 
        system, such as the Energy Star Portfolio Manager.
            ``(B) System and guidance.--Not later than 1 year after the 
        date of enactment of this subsection, the Secretary shall--
                ``(i) select or develop the building energy use 
            benchmarking system required under this paragraph for each 
            type of building; and
                ``(ii) issue guidance for use of the system.
            ``(C) Public disclosure.--Each energy manager shall post 
        the information entered into, or generated by, a benchmarking 
        system under this subsection, on the web-based tracking system 
        under paragraph (7)(B). The energy manager shall update such 
        information each year, and shall include in such reporting 
        previous years' information to allow changes in building 
        performance to be tracked over time.
        ``(9) Federal agency scorecards.--
            ``(A) In general.--The Director of the Office of Management 
        and Budget shall issue semiannual scorecards for energy 
        management activities carried out by each Federal agency that 
        includes--
                ``(i) summaries of the status of implementing the 
            various requirements of the agency and its energy managers 
            under this subsection; and
                ``(ii) any other means of measuring performance that 
            the Director considers appropriate.
            ``(B) Availability.--The Director shall make the scorecards 
        required under this paragraph available to Congress, other 
        Federal agencies, and the public through the Internet.
        ``(10) Funding and implementation.--
            ``(A) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this subsection.
            ``(B) Funding options.--
                ``(i) In general.--To carry out this subsection, a 
            Federal agency may use any combination of--

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

                ``(ii) Combined funding for same measure.--A Federal 
            agency may use any combination of appropriated funds and 
            private financing described in clause (i) to carry out the 
            same measure under this subsection.
            ``(C) Implementation.--Each Federal agency may implement 
        the requirements under this subsection itself or may contract 
        out performance of some or all of the requirements.
        ``(11) Rule of construction.--This subsection shall not be 
    construed to require or to obviate any contractor savings 
    guarantees.''.

SEC. 433. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE STANDARDS.

    (a) Standards.--Section 305(a)(3) of the Energy Conservation and 
Production Act (42 U.S.C. 6834(a)(3)) is amended by adding at the end 
the following new subparagraph:
    ``(D) Not later than 1 year after the date of enactment of the 
Energy Independence and Security Act of 2007, the Secretary shall 
establish, by rule, revised Federal building energy efficiency 
performance standards that require that:
        ``(i) For new Federal buildings and Federal buildings 
    undergoing major renovations, with respect to which the 
    Administrator of General Services is required to transmit a 
    prospectus to Congress under section 3307 of title 40, United 
    States Code, in the case of public buildings (as defined in section 
    3301 of title 40, United States Code), or of at least $2,500,000 in 
    costs adjusted annually for inflation for other buildings:
            ``(I) The buildings shall be designed so that the fossil 
        fuel-generated energy consumption of the buildings is reduced, 
        as compared with such energy consumption by a similar 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
            2010.......................  55
            2015.......................  65
            2020.......................  80
            2025.......................  90
            2030.......................  100.


            ``(II) Upon petition by an agency subject to this 
        subparagraph, the Secretary may adjust the applicable numeric 
        requirement under subclause (I) downward with respect to a 
        specific building, if the head of the agency designing the 
        building certifies in writing that meeting such requirement 
        would be technically impracticable in light of the agency's 
        specified functional needs for that building and the Secretary 
        concurs with the agency's conclusion. This subclause shall not 
        apply to the General Services Administration.
            ``(III) Sustainable design principles shall be applied to 
        the siting, design, and construction of such buildings. Not 
        later than 90 days after the date of enactment of the Energy 
        Independence and Security Act of 2007, the Secretary, after 
        reviewing the findings of the Federal Director under section 
        436(h) of that Act, in consultation with the Administrator of 
        General Services, and in consultation with the Secretary of 
        Defense for considerations relating to those facilities under 
        the custody and control of the Department of Defense, shall 
        identify a certification system and level for green buildings 
        that the Secretary determines to be the most likely to 
        encourage a comprehensive and environmentally-sound approach to 
        certification of green buildings. The identification of the 
        certification system and level shall be based on a review of 
        the Federal Director's findings under section 436(h) of the 
        Energy Independence and Security Act of 2007 and the criteria 
        specified in clause (iii), shall identify the highest level the 
        Secretary determines is appropriate above the minimum level 
        required for certification under the system selected, and shall 
        achieve results at least comparable to the system used by and 
        highest level referenced by the General Services Administration 
        as of the date of enactment of the Energy Independence and 
        Security Act of 2007. Within 90 days of the completion of each 
        study required by clause (iv), the Secretary, in consultation 
        with the Administrator of General Services, and in consultation 
        with the Secretary of Defense for considerations relating to 
        those facilities under the custody and control of the 
        Department of Defense, shall review and update the 
        certification system and level, taking into account the 
        conclusions of such study.
        ``(ii) In establishing criteria for identifying major 
    renovations that are subject to the requirements of this 
    subparagraph, the Secretary shall take into account the scope, 
    degree, and types of renovations that are likely to provide 
    significant opportunities for substantial improvements in energy 
    efficiency.
        ``(iii) In identifying the green building certification system 
    and level, the Secretary shall take into consideration--
            ``(I) the ability and availability of assessors and 
        auditors to independently verify the criteria and measurement 
        of metrics at the scale necessary to implement this 
        subparagraph;
            ``(II) the ability of the applicable certification 
        organization to collect and reflect public comment;
            ``(III) the ability of the standard to be developed and 
        revised through a consensus-based process;
            ``(IV) an evaluation of the robustness of the criteria for 
        a high-performance green building, which shall give credit for 
        promoting--
                ``(aa) efficient and sustainable use of water, energy, 
            and other natural resources;
                ``(bb) use of renewable energy sources;
                ``(cc) 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
                ``(dd) such other criteria as the Secretary determines 
            to be appropriate; and
            ``(V) national recognition within the building industry.
        ``(iv) At least once every 5 years, and in accordance with 
    section 436 of the Energy Independence and Security Act of 2007, 
    the Administrator of General Services shall conduct a study to 
    evaluate and compare available third-party green building 
    certification systems and levels, taking into account the criteria 
    listed in clause (iii).
        ``(v) The Secretary may by rule allow Federal agencies to 
    develop internal certification processes, using certified 
    professionals, in lieu of certification by the certification entity 
    identified under clause (i)(III). The Secretary shall include in 
    any such rule guidelines to ensure that the certification process 
    results in buildings meeting the applicable certification system 
    and level identified under clause (i)(III). An agency employing an 
    internal certification process must continue to obtain external 
    certification by the certification entity identified under clause 
    (i)(III) for at least 5 percent of the total number of buildings 
    certified annually by the agency.
        ``(vi) With respect to privatized military housing, the 
    Secretary of Defense, after consultation with the Secretary may, 
    through rulemaking, develop alternative criteria to those 
    established by subclauses (I) and (III) of clause (i) that achieve 
    an equivalent result in terms of energy savings, sustainable 
    design, and green building performance.
        ``(vii) In addition to any use of water conservation 
    technologies otherwise required by this section, water conservation 
    technologies shall be applied to the extent that the technologies 
    are life-cycle cost-effective.''.
    (b) Definitions.--Section 303(6) of the Energy Conservation and 
Production Act (42 U.S.C. 6832(6)) is amended by striking ``which is 
not legally subject to State or local building codes or similar 
requirements.'' and inserting ``. Such term shall include buildings 
built for the purpose of being leased by a Federal agency, and 
privatized military housing.''.
    (c) Revision of Federal Acquisition Regulation.--Not later than 2 
years after the date of the enactment of this Act, the Federal 
Acquisition Regulation shall be revised to require Federal officers and 
employees to comply with this section and the amendments made by this 
section in the acquisition, construction, or major renovation of any 
facility. The members of the Federal Acquisition Regulatory Council 
(established under section 25 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 421)) shall consult with the Federal Director and 
the Commercial Director before promulgating regulations to carry out 
this subsection.
    (d) Guidance.--Not later than 90 days after the date of 
promulgation of the revised regulations under subsection (c), the 
Administrator for Federal Procurement Policy shall issue guidance to 
all Federal procurement executives providing direction and instructions 
to renegotiate the design of proposed facilities and major renovations 
for existing facilities to incorporate improvements that are consistent 
with this section.

SEC. 434. MANAGEMENT OF FEDERAL BUILDING EFFICIENCY.

    (a) Large Capital Energy Investments.--Section 543 of the National 
Energy Conservation Policy Act (42 U.S.C. 8253) is amended by adding at 
the end the following:
    ``(f) Large Capital Energy Investments.--
        ``(1) In general.--Each Federal agency shall ensure that any 
    large capital energy investment in an existing building that is not 
    a major renovation but involves replacement of installed equipment 
    (such as heating and cooling systems), or involves renovation, 
    rehabilitation, expansion, or remodeling of existing space, employs 
    the most energy efficient designs, systems, equipment, and controls 
    that are life-cycle cost effective.
        ``(2) Process for review of investment decisions.--Not later 
    than 180 days after the date of enactment of this subsection, each 
    Federal agency shall--
            ``(A) develop a process for reviewing each decision made on 
        a large capital energy investment described in paragraph (1) to 
        ensure that the requirements of this subsection are met; and
            ``(B) report to the Director of the Office of Management 
        and Budget on the process established.
        ``(3) Compliance report.--Not later than 1 year after the date 
    of enactment of this subsection, the Director of the Office of 
    Management and Budget shall evaluate and report to Congress on the 
    compliance of each agency with this subsection.''.
    (b) Metering.--Section 543(e)(1) of the National Energy 
Conservation Policy Act (42 U.S.C. 8253(e)(1)) is amended by inserting 
after the second sentence the following: ``Not later than October 1, 
2016, each agency shall provide for equivalent metering of natural gas 
and steam, in accordance with guidelines established by the Secretary 
under paragraph (2).''.

SEC. 435. LEASING.

    (a) In General.--Except as provided in subsection (b), effective 
beginning on the date that is 3 years after the date of enactment of 
this Act, no Federal agency shall enter into a contract to lease space 
in a building that has not earned the Energy Star label in the most 
recent year.
    (b) Exception.--
        (1) Application.--This subsection applies if--
            (A) no space is available in a building described in 
        subsection (a) that meets the functional requirements of an 
        agency, including locational needs;
            (B) the agency proposes to remain in a building that the 
        agency has occupied previously;
            (C) the agency proposes to lease a building of historical, 
        architectural, or cultural significance (as defined in section 
        3306(a)(4) of title 40, United States Code) or space in such a 
        building; or
            (D) the lease is for not more than 10,000 gross square feet 
        of space.
        (2) Buildings without energy star label.--If one of the 
    conditions described in paragraph (2) is met, the agency may enter 
    into a contract to lease space in a building that has not earned 
    the Energy Star label in the most recent year if the lease contract 
    includes provisions requiring that, prior to occupancy or, in the 
    case of a contract described in paragraph (1)(B), not later than 1 
    year after signing the contract, the space will be renovated for 
    all energy efficiency and conservation improvements that would be 
    cost effective over the life of the lease, including improvements 
    in lighting, windows, and heating, ventilation, and air 
    conditioning systems.
    (c) Revision of Federal Acquisition Regulation.--
        (1) In general.--Not later than 3 years after the date of the 
    enactment of this Act, the Federal Acquisition Regulation described 
    in section 6(a) of the Office of Federal Procurement Policy Act (41 
    U.S.C. 405(a)) shall be revised to require Federal officers and 
    employees to comply with this section in leasing buildings.
        (2) Consultation.--The members of the Federal Acquisition 
    Regulatory Council established under section 25 of the Office of 
    Federal Procurement Policy Act (41 U.S.C. 421) shall consult with 
    the Federal Director and the Commercial Director before 
    promulgating regulations to carry out this subsection.

SEC. 436. HIGH-PERFORMANCE GREEN FEDERAL BUILDINGS.

    (a) Establishment of Office.--Not later than 60 days after the date 
of enactment of this Act, the Administrator shall establish within the 
General Services Administration an Office of Federal High-Performance 
Green Buildings, and appoint an individual to serve as Federal Director 
in, a position in the career-reserved Senior Executive service, to--
        (1) establish and manage the Office of Federal High-Performance 
    Green Buildings; and
        (2) carry out other duties as required under this subtitle.
    (b) Compensation.--The compensation of the Federal 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.
    (c) Duties.--The Federal Director shall--
        (1) coordinate the activities of the Office of Federal High-
    Performance Green Buildings with the activities of the Office of 
    Commercial High-Performance Green Buildings, and the Secretary, in 
    accordance with section 305(a)(3)(D) of the Energy Conservation and 
    Production Act (42 U.S.C. 6834(a)(3)(D));
        (2) ensure full coordination of high-performance green building 
    information and activities within the General Services 
    Administration and all relevant 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;
            (G) the Department of Transportation;
            (H) the National Institute of Standards and Technology; and
            (I) the Office of Science and Technology Policy;
        (3) establish a senior-level Federal Green Building Advisory 
    Committee under section 474, which shall provide advice and 
    recommendations in accordance with that section and subsection (d);
        (4) identify and every 5 years reassess improved or higher 
    rating standards recommended by the Advisory Committee;
        (5) ensure full coordination, dissemination of information 
    regarding, and promotion of the results of research and development 
    information relating to Federal high-performance green building 
    initiatives;
        (6) identify and develop Federal high-performance green 
    building standards for all types of Federal facilities, consistent 
    with the requirements of this subtitle and section 305(a)(3)(D) of 
    the Energy Conservation and Production Act (42 U.S.C. 
    6834(a)(3)(D));
        (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 subsection (d); and
        (9) identify opportunities to demonstrate innovative and 
    emerging green building technologies and concepts.
    (d) Additional Duties.--The Federal Director, in consultation with 
the Commercial Director and the Advisory Committee, and consistent with 
the requirements of section 305(a)(3)(D) of the Energy Conservation and 
Production Act (42 U.S.C. 6834(a)(3)(D)) 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 high-
    performance 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 
    high-performance green buildings, such as security benefits, into a 
    cost-budget analysis to aid in life-cycle costing for budget and 
    decisionmaking processes.
    (e) Incentives.--Within 90 days after the date of enactment of this 
Act, the Federal Director shall identify incentives to encourage the 
expedited use of high-performance green buildings and related 
technology in the operations of the Federal Government, in accordance 
with the requirements of section 305(a)(3)(D) of the Energy 
Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), including 
through--
        (1) the provision of recognition awards; and
        (2) the maximum feasible retention of financial savings in the 
    annual budgets of Federal agencies for use in reinvesting in future 
    high-performance green building initiatives.
    (f) Report.--Not later than 2 years after the date of enactment of 
this Act, and biennially thereafter, the Federal Director, in 
consultation with the Secretary, shall submit to Congress a report 
that--
        (1) describes the status of compliance with this subtitle, the 
    requirements of section 305(a)(3)(D) of the Energy Conservation and 
    Production Act (42 U.S.C. 6834(a)(3)(D)), and other Federal high-
    performance green building initiatives 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 the requirements of 
        section 305(a)(3)(D) of that Act; 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 may affect 
    the certification of new and existing Federal facilities as high-
    performance green buildings under the provisions of section 
    305(a)(3)(D) of that Act and the criteria established in subsection 
    (h);
        (3) identifies inconsistencies, as reported to the Advisory 
    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 of Federal High-Performance Green Buildings, with the 
        assistance of universities and national laboratories);
            (C) streamlining measures for permitting Federal agencies 
        to retain all identified savings accrued as a result of the use 
        of life-cycle costing for future high-performance green 
        building initiatives; and
            (D) identifying short-term 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 high-performance green building initiatives, 
    including executive orders, policies, or laws adopted promoting 
    high-performance 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 (7).
    (g) Implementation.--The Office of Federal High-Performance Green 
Buildings shall carry out each plan for implementation of 
recommendations under subsection (f)(8).
    (h) Identification of Certification System.--
        (1) In general.--For the purpose of this section, not later 
    than 60 days after the date of enactment of this Act, the Federal 
    Director shall identify and shall provide to the Secretary pursuant 
    to section 305(a)(3)(D) of the Energy Conservation and Production 
    Act (42 U.S.C. 6834(a)(3)(D)), a certification system 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 system identified under paragraph (1) shall be 
    based on--
            (A) a study completed every 5 years and provided to the 
        Secretary pursuant to section 305(a)(3)(D) of that Act, which 
        shall be carried out by the Federal 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 robustness of the criteria for a 
        high-performance green building, which shall give credit for 
        promoting--
                (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;
                (iv) reduced impacts from transportation through 
            building location and site design that promote access by 
            public transportation; and
                (v) such other criteria as the Federal Director 
            determines to be appropriate; and
            (F) national recognition within the building industry.

SEC. 437. 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, 
    section 305(a)(3)(D) of the Energy Conservation and Production Act 
    (42 U.S.C. 6834(a)(3)(D)), and section 435; and
        (2) submit to the Federal Director, the Advisory 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(d);
        (2) the level of coordination among the Federal Director, the 
    Office of Management and Budget, the Department of Energy, and 
    relevant agencies;
        (3) the performance of the Federal Director and other agencies 
    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 Federal Director 
shall consult with the Advisory Committee to enhance, and assist in the 
implementation of, the Office of Management and Budget government 
efficiency reports and scorecards under section 528 and 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. 438. 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 or restore, to the maximum extent technically 
feasible, the predevelopment hydrology of the property with regard to 
the temperature, rate, volume, and duration of flow.

SEC. 439. COST-EFFECTIVE 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 at GSA facilities.
        (2) Requirements.--The program established under this 
    subsection shall--
            (A) ensure centralized responsibility for the coordination 
        of cost reduction-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);
            (C) establish methods to track the success of Federal 
        departments and agencies with respect to that goal; and
            (D) be fully coordinated with and no less stringent nor 
        less energy-conserving or water-conserving than required by 
        other provisions of this Act and other applicable law, 
        including sections 321 through 324, 431 through 438, 461, 511 
        through 518, and 523 through 525 and amendments made by those 
        sections.
    (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 and programs implementing sections 432 and 525 
        (and amendments made by those sections), 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. Such program shall fully 
        comply with the requirements of sections 321 through 324, 431 
        through 438, 461, 511 through 518, and 523 through 525 and 
        amendments made by those sections and any other provisions of 
        law, which shall be applicable to the extent that they are more 
        stringent or would achieve greater energy savings than required 
        by this section.
            (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 of actions to comply with the 
            requirements of this section and sections 431 through 435, 
            whichever achieves greater energy savings most 
            expeditiously, 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 and 
            programs implementing sections 431 through 435 (and 
            amendments made by those sections), maximum feasible 
            replacement of existing lighting, heating, and cooling 
            technologies with cost-effective lighting technologies and 
            geothermal heat pump technologies consistent with the 
            requirements of this section and sections 431 through 435, 
            whichever achieves greater energy savings most 
            expeditiously. Notwithstanding any provision of this 
            section, such program shall fully comply with the 
            requirements of the Act including sections 321 through 324, 
            431 through 438, 461, 511 through 518, and 523 through 525 
            and amendments made by those sections and other provisions 
            of law, which shall be applicable to the extent that they 
            are more stringent or would achieve greater energy or water 
            savings than required by this section.
    (d) GSA Facility Technologies and Practices.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this Act, and annually thereafter, the Administrator 
    shall--
            (A) ensure that a manager responsible for implementing 
        section 432 and for accelerating the use of cost-effective 
        technologies and practices is designated for each GSA facility; 
        and
            (B) submit to Congress a plan to comply with section 432, 
        this section, and other applicable provisions of this Act and 
        applicable law with respect to energy and water conservation at 
        GSA facilities.
        (2) Measures.--The plan shall implement measures required by 
    such other provisions of law in accordance with those provisions, 
    and shall implement the measures required by this section to the 
    maximum extent feasible (including at the maximum rate feasible) 
    using available appropriations and programs implementing sections 
    431 through 435 and 525 (and amendments made by those sections), by 
    not later than the date that is 5 years after the date of enactment 
    of this Act.
        (3) Contents of plan.--The plan shall--
            (A) with respect to cost-effective technologies and 
        practices--
                (i) identify the specific activities needed to comply 
            with sections 431 through 435;
                (ii) identify the specific activities needed to achieve 
            at least 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;
                (iii) describe activities required and carried out to 
            estimate the funds necessary to achieve the reduction 
            described in clauses (i) and (ii);
            (B) include an estimate of the funds necessary to carry out 
        this section;
            (C) describe the status of the implementation of cost-
        effective technologies and practices at GSA facilities, 
        including--
                (i) the extent to which programs, including the program 
            established under subsection (b), are being carried out in 
            accordance with this subtitle; and
                (ii) the status of funding requests and appropriations 
            for those programs;
            (D) identify 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;
            (E) recommend language for uniform standards for use by 
        Federal agencies in implementing cost-effective technologies 
        and practices;
            (F) in coordination with the Office of Management and 
        Budget, review the budget process for capital programs with 
        respect to alternatives for--
                (i) implementing measures that will assure that Federal 
            agencies retain all identified savings accrued as a result 
            of the use of cost-effective technologies, consistent with 
            section 543(a)(1) of the National Energy Conservation 
            Policy Act (42 U.S.C. 8253(a)(1), and other applicable law; 
            and
                (ii) identifying short- and long-term cost savings that 
            accrue from the use of cost-effective technologies and 
            practices;
            (G) with respect to cost-effective technologies and 
        practices, achieve substantial operational cost savings through 
        the application of the technologies; and
            (H) include recommendations to address each of the matters, 
        and a plan for implementation of each recommendation, described 
        in subparagraphs (A) through (G).
        (4) Administration.--Notwithstanding any provision of this 
    section, the program required under this section shall fully comply 
    with the requirements of sections 321 through 324, 431 through 438, 
    461, 511 through 518, and 523 through 525 and amendments made by 
    those sections, which shall be applicable to the extent that they 
    are more stringent or would achieve greater energy or water savings 
    than required by this section.
    (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. 440. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out sections 434 
through 439 and 482 $4,000,000 for each of fiscal years 2008 through 
2012, to remain available until expended.

SEC. 441. PUBLIC BUILDING LIFE-CYCLE COSTS.

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

                Subtitle D--Industrial Energy Efficiency

SEC. 451. INDUSTRIAL ENERGY EFFICIENCY.

    (a) In General.--Title III of the Energy Policy and Conservation 
Act (42 U.S.C. 6291 et seq.) is amended by inserting after part D the 
following:

                 ``PART E--INDUSTRIAL ENERGY EFFICIENCY

``SEC. 371. DEFINITIONS.

    ``In this part:
        ``(1) Administrator.--The term `Administrator' means the 
    Administrator of the Environmental Protection Agency.
        ``(2) Combined heat and power.--The term `combined heat and 
    power system' means a facility that--
            ``(A) simultaneously and efficiently produces useful 
        thermal energy and electricity; and
            ``(B) recovers not less than 60 percent of the energy value 
        in the fuel (on a higher-heating-value basis) in the form of 
        useful thermal energy and electricity.
        ``(3) Net excess power.--The term `net excess power' means, for 
    any facility, recoverable waste energy recovered in the form of 
    electricity in quantities exceeding the total consumption of 
    electricity at the specific time of generation on the site at which 
    the facility is located.
        ``(4) Project.--The term `project' means a recoverable waste 
    energy project or a combined heat and power system project.
        ``(5) Recoverable waste energy.--The term `recoverable waste 
    energy' means waste energy from which electricity or useful thermal 
    energy may be recovered through modification of an existing 
    facility or addition of a new facility.
        ``(6) Registry.--The term `Registry' means the Registry of 
    Recoverable Waste Energy Sources established under section 372(d).
        ``(7) Useful thermal energy.--The term `useful thermal energy' 
    means energy--
            ``(A) in the form of direct heat, steam, hot water, or 
        other thermal form that is used in production and beneficial 
        measures for heating, cooling, humidity control, process use, 
        or other valid thermal end-use energy requirements; and
            ``(B) for which fuel or electricity would otherwise be 
        consumed.
        ``(8) Waste energy.--The term `waste energy' means--
            ``(A) exhaust heat or flared gas from any industrial 
        process;
            ``(B) waste gas or industrial tail gas that would otherwise 
        be flared, incinerated, or vented;
            ``(C) a pressure drop in any gas, excluding any pressure 
        drop to a condenser that subsequently vents the resulting heat; 
        and
            ``(D) such other forms of waste energy as the Administrator 
        may determine.
        ``(9) Other terms.--The terms `electric utility', `nonregulated 
    electric utility', `State regulated electric utility', and other 
    terms have the meanings given those terms in title I of the Public 
    Utility Regulatory Policies Act of 1978 (16 U.S.C. 2611 et seq.).

``SEC. 372. SURVEY AND REGISTRY.

    ``(a) Recoverable Waste Energy Inventory Program.--
        ``(1) In general.--The Administrator, in cooperation with the 
    Secretary and State energy offices, shall establish a recoverable 
    waste energy inventory program.
        ``(2) Survey.--The program shall include--
            ``(A) an ongoing survey of all major industrial and large 
        commercial combustion sources in the United States (as defined 
        by the Administrator) and the sites at which the sources are 
        located; and
            ``(B) a review of each source for the quantity and quality 
        of waste energy produced at the source.
    ``(b) Criteria.--
        ``(1) In general.--Not later than 270 days after the date of 
    enactment of the Energy Independence and Security Act of 2007, the 
    Administrator shall publish a rule for establishing criteria for 
    including sites in the Registry.
        ``(2) Inclusions.--The criteria shall include--
            ``(A) a requirement that, to be included in the Registry, a 
        project at the site shall be determined to be economically 
        feasible by virtue of offering a payback of invested costs not 
        later than 5 years after the date of first full project 
        operation (including incentives offered under this part);
            ``(B) standards to ensure that projects proposed for 
        inclusion in the Registry are not developed or used for the 
        primary purpose of making sales of excess electric power under 
        the regulatory provisions of this part; and
            ``(C) procedures for contesting the listing of any source 
        or site on the Registry by any State, utility, or other 
        interested person.
    ``(c) Technical Support.--On the request of the owner or operator 
of a source or site included in the Registry, the Secretary shall--
        ``(1) provide to owners or operators of combustion sources 
    technical support; and
        ``(2) offer partial funding (in an amount equal to not more 
    than one-half of total costs) for feasibility studies to confirm 
    whether or not investment in recovery of waste energy or combined 
    heat and power at a source would offer a payback period of 5 years 
    or less.
    ``(d) Registry.--
        ``(1) Establishment.--
            ``(A) In general.--Not later than 1 year after the date of 
        enactment of the Energy Independence and Security Act of 2007, 
        the Administrator shall establish a Registry of Recoverable 
        Waste Energy Sources, and sites on which the sources are 
        located, that meet the criteria established under subsection 
        (b).
            ``(B) Updates; availability.--The Administrator shall--
                ``(i) update the Registry on a regular basis; and
                ``(ii) make the Registry available to the public on the 
            website of the Environmental Protection Agency.
            ``(C) Contesting listing.--Any State, electric utility, or 
        other interested person may contest the listing of any source 
        or site by submitting a petition to the Administrator.
        ``(2) Contents.--
            ``(A) In general.--The Administrator shall register and 
        include on the Registry all sites meeting the criteria 
        established under subsection (b).
            ``(B) Quantity of recoverable waste energy.--The 
        Administrator shall--
                ``(i) calculate the total quantities of potentially 
            recoverable waste energy from sources at the sites, 
            nationally and by State; and
                ``(ii) make public--

                    ``(I) the total quantities described in clause (i); 
                and
                    ``(II) information on the criteria pollutant and 
                greenhouse gas emissions savings that might be achieved 
                with recovery of the waste energy from all sources and 
                sites listed on the Registry.

        ``(3) Availability of information.--
            ``(A) In general.--The Administrator shall notify owners or 
        operators of recoverable waste energy sources and sites listed 
        on the Registry prior to publishing the listing.
            ``(B) Detailed quantitative information.--
                ``(i) In general.--Except as provided in clause (ii), 
            the owner or operator of a source at a site may elect to 
            have detailed quantitative information concerning the site 
            not made public by notifying the Administrator of the 
            election.
                ``(ii) Limited availability.--The information shall be 
            made available to--

                    ``(I) the applicable State energy office; and
                    ``(II) any utility requested to support recovery of 
                waste energy from the source pursuant to the incentives 
                provided under section 374.

                ``(iii) State totals.--Information concerning the site 
            shall be included in the total quantity of recoverable 
            waste energy for a State unless there are fewer than 3 
            sites in the State.
        ``(4) Removal of projects from registry.--
            ``(A) In general.--Subject to subparagraph (B), as a 
        project achieves successful recovery of waste energy, the 
        Administrator shall--
                ``(i) remove the related sites or sources from the 
            Registry; and
                ``(ii) designate the removed projects as eligible for 
            incentives under section 374.
            ``(B) Limitation.--No project shall be removed from the 
        Registry without the consent of the owner or operator of the 
        project if--
                ``(i) the owner or operator has submitted a petition 
            under section 374; and
                ``(ii) the petition has not been acted on or denied.
        ``(5) Ineligibility of certain sources.--The Administrator 
    shall not list any source constructed after the date of the 
    enactment of the Energy Independence and Security Act of 2007 on 
    the Registry if the Administrator determines that the source--
            ``(A) was developed for the primary purpose of making sales 
        of excess electric power under the regulatory provisions of 
        this part; or
            ``(B) does not capture at least 60 percent of the total 
        energy value of the fuels used (on a higher-heating-value 
        basis) in the form of useful thermal energy, electricity, 
        mechanical energy, chemical output, or any combination thereof.
    ``(e) Self-Certification.--
        ``(1) In general.--Subject to any procedures that are 
    established by the Administrator, an owner, operator, or third-
    party developer of a recoverable waste energy project that 
    qualifies under standards established by the Administrator may 
    self-certify the sites or sources of the owner, operator, or 
    developer to the Administrator for inclusion in the Registry.
        ``(2) Review and approval.--To prevent a fraudulent listing, a 
    site or source shall be included on the Registry only if the 
    Administrator reviews and approves the self-certification.
    ``(f) New Facilities.--As a new energy-consuming industrial 
facility is developed after the date of enactment of the Energy 
Independence and Security Act of 2007, to the extent the facility may 
constitute a site with recoverable waste energy that may qualify for 
inclusion on the Registry, the Administrator may elect to include the 
facility on the Registry, at the request of the owner, operator, or 
developer of the facility, on a conditional basis with the site to be 
removed from the Registry if the development ceases or the site fails 
to qualify for listing under this part.
    ``(g) Optimum Means of Recovery.--For each site listed in the 
Registry, at the request of the owner or operator of the site, the 
Administrator shall offer, in cooperation with Clean Energy Application 
Centers operated by the Secretary of Energy, suggestions for optimum 
means of recovery of value from waste energy stream in the form of 
electricity, useful thermal energy, or other energy-related products.
    ``(h) Revision.--Each annual report of a State under section 548(a) 
of the National Energy Conservation Policy Act (42 U.S.C. 8258(a)) 
shall include the results of the survey for the State under this 
section.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to--
        ``(1) the Administrator to create and maintain the Registry and 
    services authorized by this section, $1,000,000 for each of fiscal 
    years 2008 through 2012; and
        ``(2) the Secretary--
            ``(A) to assist site or source owners and operators in 
        determining the feasibility of projects authorized by this 
        section, $2,000,000 for each of fiscal years 2008 through 2012; 
        and
            ``(B) to provide funding for State energy office functions 
        under this section, $5,000,000.

``SEC. 373. WASTE ENERGY RECOVERY INCENTIVE GRANT PROGRAM.

    ``(a) Establishment.--The Secretary shall establish in the 
Department of Energy a waste energy recovery incentive grant program to 
provide incentive grants to--
        ``(1) owners and operators of projects that successfully 
    produce electricity or incremental useful thermal energy from waste 
    energy recovery;
        ``(2) utilities purchasing or distributing the electricity; and
        ``(3) States that have achieved 80 percent or more of 
    recoverable waste heat recovery opportunities.
    ``(b) Grants to Projects and Utilities.--
        ``(1) In general.--The Secretary shall make grants under this 
    section--
            ``(A) to the owners or operators of waste energy recovery 
        projects; and
            ``(B) in the case of excess power purchased or transmitted 
        by a electric utility, to the utility.
        ``(2) Proof.--Grants may only be made under this section on 
    receipt of proof of waste energy recovery or excess electricity 
    generation, or both, from the project in a form prescribed by the 
    Secretary.
        ``(3) Excess electric energy.--
            ``(A) In general.--In the case of waste energy recovery, a 
        grant under this section shall be made at the rate of $10 per 
        megawatt hour of documented electricity produced from 
        recoverable waste energy (or by prevention of waste energy in 
        the case of a new facility) by the project during the first 3 
        calendar years of production, beginning on or after the date of 
        enactment of the Energy Independence and Security Act of 2007.
            ``(B) Utilities.--If the project produces net excess power 
        and an electric utility purchases or transmits the excess 
        power, 50 percent of so much of the grant as is attributable to 
        the net excess power shall be paid to the electric utility 
        purchasing or transporting the net excess power.
        ``(4) Useful thermal energy.--In the case of waste energy 
    recovery that produces useful thermal energy that is used for a 
    purpose different from that for which the project is principally 
    designed, a grant under this section shall be made to the owner or 
    operator of the waste energy recovery project at the rate of $10 
    for each 3,412,000 Btus of the excess thermal energy used for the 
    different purpose.
    ``(c) Grants to States.--In the case of any State that has achieved 
80 percent or more of waste heat recovery opportunities identified by 
the Secretary under this part, the Administrator shall make a 1-time 
grant to the State in an amount of not more than $1,000 per megawatt of 
waste-heat capacity recovered (or a thermal equivalent) to support 
State-level programs to identify and achieve additional energy 
efficiency.
    ``(d) Eligibility.--The Secretary shall--
        ``(1) establish rules and guidelines to establish eligibility 
    for grants under subsection (b);
        ``(2) publicize the availability of the grant program known to 
    owners or operators of recoverable waste energy sources and sites 
    listed on the Registry; and
        ``(3) award grants under the program on the basis of the merits 
    of each project in recovering or preventing waste energy throughout 
    the United States on an impartial, objective, and not unduly 
    discriminatory basis.
    ``(e) Limitation.--The Secretary shall not award grants to any 
person for a combined heat and power project or a waste heat recovery 
project that qualifies for specific Federal tax incentives for combined 
heat and power or for waste heat recovery.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary--
        ``(1) to make grants to projects and utilities under subsection 
    (b)--
            ``(A) $100,000,000 for fiscal year 2008 and $200,000,000 
        for each of fiscal years 2009 through 2012; and
            ``(B) such additional amounts for fiscal year 2008 and each 
        fiscal year thereafter as may be necessary for administration 
        of the waste energy recovery incentive grant program; and
        ``(2) to make grants to States under subsection (b), 
    $10,000,000 for each of fiscal years 2008 through 2012, to remain 
    available until expended.

``SEC. 374. ADDITIONAL INCENTIVES FOR RECOVERY, USE, AND PREVENTION OF 
              INDUSTRIAL WASTE ENERGY.

    ``(a) Consideration of Standard.--
        ``(1) In general.--Not later than 180 days after the receipt by 
    a State regulatory authority (with respect to each electric utility 
    for which the authority has ratemaking authority), or nonregulated 
    electric utility, of a request from a project sponsor or owner or 
    operator, the State regulatory authority or nonregulated electric 
    utility shall--
            ``(A) provide public notice and conduct a hearing 
        respecting the standard established by subsection (b); and
            ``(B) on the basis of the hearing, consider and make a 
        determination whether or not it is appropriate to implement the 
        standard to carry out the purposes of this part.
        ``(2) Relationship to state law.--For purposes of any 
    determination under paragraph (1) and any review of the 
    determination in any court, the purposes of this section supplement 
    otherwise applicable State law.
        ``(3) Nonadoption of standard.--Nothing in this part prohibits 
    any State regulatory authority or nonregulated electric utility 
    from making any determination that it is not appropriate to adopt 
    any standard described in paragraph (1), pursuant to authority 
    under otherwise applicable State law.
    ``(b) Standard for Sales of Excess Power.--For purposes of this 
section, the standard referred to in subsection (a) shall provide that 
an owner or operator of a waste energy recovery project identified on 
the Registry that generates net excess power shall be eligible to 
benefit from at least 1 of the options described in subsection (c) for 
disposal of the net excess power in accordance with the rate conditions 
and limitations described in subsection (d).
    ``(c) Options.--The options referred to in subsection (b) are as 
follows:
        ``(1) Sale of net excess power to utility.--The electric 
    utility shall purchase the net excess power from the owner or 
    operator of the eligible waste energy recovery project during the 
    operation of the project under a contract entered into for that 
    purpose.
        ``(2) Transport by utility for direct sale to third party.--The 
    electric utility shall transmit the net excess power on behalf of 
    the project owner or operator to up to 3 separate locations on the 
    system of the utility for direct sale by the owner or operator to 
    third parties at those locations.
        ``(3) Transport over private transmission lines.--The State and 
    the electric utility shall permit, and shall waive or modify such 
    laws as would otherwise prohibit, the construction and operation of 
    private electric wires constructed, owned, and operated by the 
    project owner or operator, to transport the power to up to 3 
    purchasers within a 3-mile radius of the project, allowing the 
    wires to use or cross public rights-of-way, without subjecting the 
    project to regulation as a public utility, and according the wires 
    the same treatment for safety, zoning, land use, and other legal 
    privileges as apply or would apply to the wires of the utility, 
    except that--
            ``(A) there shall be no grant of any power of eminent 
        domain to take or cross private property for the wires; and
            ``(B) the wires shall be physically segregated and not 
        interconnected with any portion of the system of the utility, 
        except on the customer side of the revenue meter of the utility 
        and in a manner that precludes any possible export of the 
        electricity onto the utility system, or disruption of the 
        system.
        ``(4) Agreed on alternatives.--The utility and the owner or 
    operator of the project may reach agreement on any alternate 
    arrangement and payments or rates associated with the arrangement 
    that is mutually satisfactory and in accord with State law.
    ``(d) Rate Conditions and Criteria.--
        ``(1) Definitions.--In this subsection:
            ``(A) Per unit distribution costs.--The term `per unit 
        distribution costs' means (in kilowatt hours) the quotient 
        obtained by dividing--
                ``(i) the depreciated book-value distribution system 
            costs of a utility; by
                ``(ii) the volume of utility electricity sales or 
            transmission during the previous year at the distribution 
            level.
            ``(B) Per unit distribution margin.--The term `per unit 
        distribution margin' means--
                ``(i) in the case of a State-regulated electric 
            utility, a per-unit gross pretax profit equal to the 
            product obtained by multiplying--

                    ``(I) the State-approved percentage rate of return 
                for the utility for distribution system assets; by
                    ``(II) the per unit distribution costs; and

                ``(ii) in the case of a nonregulated utility, a per 
            unit contribution to net revenues determined multiplying--

                    ``(I) the percentage (but not less than 10 percent) 
                obtained by dividing--

                        ``(aa) the amount of any net revenue payment or 
                    contribution to the owners or subscribers of the 
                    nonregulated utility during the prior year; by
                        ``(bb) the gross revenues of the utility during 
                    the prior year to obtain a percentage; by

                    ``(II) the per unit distribution costs.

            ``(C) Per unit transmission costs.--The term `per unit 
        transmission costs' means the total cost of those transmission 
        services purchased or provided by a utility on a per-kilowatt-
        hour basis as included in the retail rate of the utility.
        ``(2) Options.--The options described in paragraphs (1) and (2) 
    in subsection (c) shall be offered under purchase and transport 
    rate conditions that reflect the rate components defined under 
    paragraph (1) as applicable under the circumstances described in 
    paragraph (3).
        ``(3) Applicable rates.--
            ``(A) Rates applicable to sale of net excess power.--
                ``(i) In general.--Sales made by a project owner or 
            operator of a facility under the option described in 
            subsection (c)(1) shall be paid for on a per kilowatt hour 
            basis that shall equal the full undiscounted retail rate 
            paid to the utility for power purchased by the facility 
            minus per unit distribution costs, that applies to the type 
            of utility purchasing the power.
                ``(ii) Voltages exceeding 25 kilovolts.--If the net 
            excess power is made available for purchase at voltages 
            that must be transformed to or from voltages exceeding 25 
            kilovolts to be available for resale by the utility, the 
            purchase price shall further be reduced by per unit 
            transmission costs.
            ``(B) Rates applicable to transport by utility for direct 
        sale to third parties.--
                ``(i) In general.--Transportation by utilities of power 
            on behalf of the owner or operator of a project under the 
            option described in subsection (c)(2) shall incur a 
            transportation rate that shall equal the per unit 
            distribution costs and per unit distribution margin, that 
            applies to the type of utility transporting the power.
                ``(ii) Voltages exceeding 25 kilovolts.--If the net 
            excess power is made available for transportation at 
            voltages that must be transformed to or from voltages 
            exceeding 25 kilovolts to be transported to the designated 
            third-party purchasers, the transport rate shall further be 
            increased by per unit transmission costs.
                ``(iii) States with competitive retail markets for 
            electricity.--In a State with a competitive retail market 
            for electricity, the applicable transportation rate for 
            similar transportation shall be applied in lieu of any rate 
            calculated under this paragraph.
        ``(4) Limitations.--
            ``(A) In general.--Any rate established for sale or 
        transportation under this section shall--
                ``(i) be modified over time with changes in the 
            underlying costs or rates of the electric utility; and
                ``(ii) reflect the same time-sensitivity and billing 
            periods as are established in the retail sales or 
            transportation rates offered by the utility.
            ``(B) Limitation.--No utility shall be required to purchase 
        or transport a quantity of net excess power under this section 
        that exceeds the available capacity of the wires, meter, or 
        other equipment of the electric utility serving the site unless 
        the owner or operator of the project agrees to pay necessary 
        and reasonable upgrade costs.
    ``(e) Procedural Requirements for Consideration and 
Determination.--
        ``(1) Public notice and hearing.--
            ``(A) In general.--The consideration referred to in 
        subsection (a) shall be made after public notice and hearing.
            ``(B) Administration.--The determination referred to in 
        subsection (a) shall be--
                ``(i) in writing;
                ``(ii) based on findings included in the determination 
            and on the evidence presented at the hearing; and
                ``(iii) available to the public.
        ``(2) Intervention by administrator.--The Administrator may 
    intervene as a matter of right in a proceeding conducted under this 
    section--
            ``(A) to calculate--
                ``(i) the energy and emissions likely to be saved by 
            electing to adopt 1 or more of the options; and
                ``(ii) the costs and benefits to ratepayers and the 
            utility; and
            ``(B) to advocate for the waste-energy recovery 
        opportunity.
        ``(3) Procedures.--
            ``(A) In general.--Except as otherwise provided in 
        paragraphs (1) and (2), the procedures for the consideration 
        and determination referred to in subsection (a) shall be the 
        procedures established by the State regulatory authority or the 
        nonregulated electric utility.
            ``(B) Multiple projects.--If there is more than 1 project 
        seeking consideration simultaneously in connection with the 
        same utility, the proceeding may encompass all such projects, 
        if full attention is paid to individual circumstances and 
        merits and an individual judgment is reached with respect to 
        each project.
    ``(f) Implementation.--
        ``(1) In general.--The State regulatory authority (with respect 
    to each electric utility for which the authority has ratemaking 
    authority) or nonregulated electric utility may, to the extent 
    consistent with otherwise applicable State law--
            ``(A) implement the standard determined under this section; 
        or
            ``(B) decline to implement any such standard.
        ``(2) Nonimplementation of standard.--
            ``(A) In general.--If a State regulatory authority (with 
        respect to each electric utility for which the authority has 
        ratemaking authority) or nonregulated electric utility declines 
        to implement any standard established by this section, the 
        authority or nonregulated electric utility shall state in 
        writing the reasons for declining to implement the standard.
            ``(B) Availability to public.--The statement of reasons 
        shall be available to the public.
            ``(C) Annual report.--The Administrator shall include in an 
        annual report submitted to Congress a description of the lost 
        opportunities for waste-heat recovery from the project 
        described in subparagraph (A), specifically identifying the 
        utility and stating the quantity of lost energy and emissions 
        savings calculated.
            ``(D) New petition.--If a State regulatory authority (with 
        respect to each electric utility for which the authority has 
        ratemaking authority) or nonregulated electric utility declines 
        to implement the standard established by this section, the 
        project sponsor may submit a new petition under this section 
        with respect to the project at any time after the date that is 
        2 years after the date on which the State regulatory authority 
        or nonregulated utility declined to implement the standard.

``SEC. 375. CLEAN ENERGY APPLICATION CENTERS.

    ``(a) Renaming.--
        ``(1) In general.--The Combined Heat and Power Application 
    Centers of the Department of Energy are redesignated as Clean 
    Energy Application Centers.
        ``(2) References.--Any reference in any law, rule, regulation, 
    or publication to a Combined Heat and Power Application Center 
    shall be treated as a reference to a Clean Energy Application 
    Center.
    ``(b) Relocation.--
        ``(1) In general.--In order to better coordinate efforts with 
    the separate Industrial Assessment Centers and to ensure that the 
    energy efficiency and, when applicable, the renewable nature of 
    deploying mature clean energy technology is fully accounted for, 
    the Secretary shall relocate the administration of the Clean Energy 
    Application Centers to the Office of Energy Efficiency and 
    Renewable Energy within the Department of Energy.
        ``(2) Office of electricity delivery and energy reliability.--
    The Office of Electricity Delivery and Energy Reliability shall--
            ``(A) continue to perform work on the role of technology 
        described in paragraph (1) in support of the grid and the 
        reliability and security of the technology; and
            ``(B) shall assist the Clean Energy Application Centers in 
        the work of the Centers with regard to the grid and with 
        electric utilities.
    ``(c) Grants.--
        ``(1) In general.--The Secretary shall make grants to 
    universities, research centers, and other appropriate institutions 
    to ensure the continued operations and effectiveness of 8 Regional 
    Clean Energy Application Centers in each of the following regions 
    (as designated for such purposes as of the date of the enactment of 
    the Energy Independence and Security Act of 2007):
            ``(A) Gulf Coast.
            ``(B) Intermountain.
            ``(C) Mid-Atlantic.
            ``(D) Midwest.
            ``(E) Northeast.
            ``(F) Northwest.
            ``(G) Pacific.
            ``(H) Southeast.
        ``(2) Establishment of goals and compliance.--In making grants 
    under this subsection, the Secretary shall ensure that sufficient 
    goals are established and met by each Center throughout the program 
    duration concerning outreach and technology deployment.
    ``(d) Activities.--
        ``(1) In general.--Each Clean Energy Application Center shall--
            ``(A) operate a program to encourage deployment of clean 
        energy technologies through education and outreach to building 
        and industrial professionals; and other individuals and 
        organizations with an interest in efficient energy use; and
            ``(B) provide project specific support to building and 
        industrial professionals through assessments and advisory 
        activities.
        ``(2) Types of activities.--Funds made available under this 
    section may be used--
            ``(A) to develop and distribute informational materials on 
        clean energy technologies, including continuation of the 8 
        websites in existence on the date of enactment of the Energy 
        Independence and Security Act of 2007;
            ``(B) to develop and conduct target market workshops, 
        seminars, Internet programs, and other activities to educate 
        end users, regulators, and stakeholders in a manner that leads 
        to the deployment of clean energy technologies;
            ``(C) to provide or coordinate onsite assessments for sites 
        and enterprises that may consider deployment of clean energy 
        technology;
            ``(D) to perform market research to identify high profile 
        candidates for clean energy deployment;
            ``(E) to provide consulting support to sites considering 
        deployment of clean energy technologies;
            ``(F) to assist organizations developing clean energy 
        technologies to overcome barriers to deployment; and
            ``(G) to assist companies and organizations with 
        performance evaluations of any clean energy technology 
        implemented.
    ``(e) Duration.--
        ``(1) In general.--A grant awarded under this section shall be 
    for a period of 5 years
        ``(2) Annual evaluations.--Each grant shall be evaluated 
    annually for the continuation of the grant based on the activities 
    and results of the grant.
    ``(f) Authorization.--There is authorized to be appropriated to 
carry out this section $10,000,000 for each of fiscal years 2008 
through 2012.''.
    (b) Table of Contents.--The table of contents of the Energy Policy 
and Conservation Act (42 U.S.C. prec. 6201) is amended by inserting 
after the items relating to part D of title III the following:

                 ``Part E--Industrial Energy Efficiency

``Sec. 371. Definitions.
``Sec. 372. Survey and Registry.
``Sec. 373. Waste energy recovery incentive grant program.
``Sec. 374. Additional incentives for recovery, utilization and 
          prevention of industrial waste energy.
``Sec. 375. Clean Energy Application Centers.''.

SEC. 452. ENERGY-INTENSIVE INDUSTRIES PROGRAM.

    (a) Definitions.--In this section:
        (1) Eligible entity.--The term ``eligible entity'' means--
            (A) an energy-intensive industry;
            (B) a national trade association representing an energy-
        intensive industry; or
            (C) a person acting on behalf of 1 or more energy-intensive 
        industries or sectors, as determined by the Secretary.
        (2) Energy-intensive industry.--The term ``energy-intensive 
    industry'' means an industry that uses significant quantities of 
    energy as part of its primary economic activities, including--
            (A) information technology, including data centers 
        containing electrical equipment used in processing, storing, 
        and transmitting digital information;
            (B) consumer product manufacturing;
            (C) food processing;
            (D) materials manufacturers, including--
                (i) aluminum;
                (ii) chemicals;
                (iii) forest and paper products;
                (iv) metal casting;
                (v) glass;
                (vi) petroleum refining;
                (vii) mining; and
                (viii) steel;
            (E) other energy-intensive industries, as determined by the 
        Secretary.
        (3) Feedstock.--The term ``feedstock'' means the raw material 
    supplied for use in manufacturing, chemical, and biological 
    processes.
        (4) Partnership.--The term ``partnership'' means an energy 
    efficiency partnership established under subsection (c)(1)(A).
        (5) Program.--The term ``program'' means the energy-intensive 
    industries program established under subsection (b).
    (b) Establishment of Program.--The Secretary shall establish a 
program under which the Secretary, in cooperation with energy-intensive 
industries and national industry trade associations representing the 
energy-intensive industries, shall support, research, develop, and 
promote the use of new materials processes, technologies, and 
techniques to optimize energy efficiency and the economic 
competitiveness of the United States' industrial and commercial 
sectors.
    (c) Partnerships.--
        (1) In general.--As part of the program, the Secretary shall 
    establish energy efficiency 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 the energy efficiency of equipment and 
    processes used by energy-intensive industries, including the 
    conduct of activities to--
            (A) increase the energy efficiency of industrial processes 
        and facilities;
            (B) research, develop, and demonstrate advanced 
        technologies capable of energy intensity reductions and 
        increased environmental performance; and
            (C) promote the use of the processes, technologies, and 
        techniques described in subparagraphs (A) and (B).
        (2) Eligible activities.--Partnership activities eligible for 
    funding under this subsection include--
            (A) feedstock and recycling research, development, and 
        demonstration activities to identify and promote--
                (i) opportunities for meeting industry 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) research to develop and demonstrate technologies and 
        processes that utilize alternative energy sources to supply 
        heat, power, and new feedstocks for energy-intensive 
        industries;
            (C) research to achieve energy efficiency in steam, power, 
        control system, and process heat technologies, and in other 
        manufacturing processes; and
            (D) 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;
            (E) the incorporation of technologies and innovations that 
        would significantly improve the energy efficiency and 
        utilization of energy-intensive commercial applications; and
            (F) any other activities that the Secretary determines to 
        be appropriate.
        (3) Proposals.--
            (A) In general.--To be eligible for funding 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 funding 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) Grants.--The Secretary may award competitive grants for 
innovative technology research, development and demonstrations to 
universities, individual inventors, and small companies, based on 
energy savings potential, commercial viability, and technical merit.
    (e) Institution of Higher Education-Based Industrial Research and 
Assessment Centers.--The Secretary shall provide funding to institution 
of higher education-based industrial research and assessment centers, 
whose purpose shall be--
        (1) to identify opportunities for optimizing energy efficiency 
    and environmental performance;
        (2) to promote applications of emerging concepts and 
    technologies in small- and medium-sized manufacturers;
        (3) to promote research and development for the use of 
    alternative energy sources to supply heat, power, and new 
    feedstocks for energy-intensive industries;
        (4) to coordinate with appropriate Federal and State research 
    offices, and provide a clearinghouse for industrial process and 
    energy efficiency technical assistance resources; and
        (5) to coordinate with State-accredited technical training 
    centers and community colleges, while ensuring appropriate services 
    to all regions of the United States.
    (f) 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).
        (3) Coordination and nonduplication.--The Secretary shall 
    coordinate efforts under this section with other programs of the 
    Department and other Federal agencies to avoid duplication of 
    effort.

SEC. 453. ENERGY EFFICIENCY FOR DATA CENTER BUILDINGS.

    (a) Definitions.--In this section:
        (1) Data center.--The term ``data center'' means any facility 
    that primarily contains electronic equipment used to process, 
    store, and transmit digital information, which may be--
            (A) a free-standing structure; or
            (B) a facility within a larger structure, that uses 
        environmental control equipment to maintain the proper 
        conditions for the operation of electronic equipment.
        (2) Data center operator.--The term ``data center operator'' 
    means any person or government entity that builds or operates a 
    data center or purchases data center services, equipment, and 
    facilities.
    (b) Voluntary National Information Program.--
        (1) In general.--Not later than 90 days after the date of 
    enactment of this Act, the Secretary and the Administrator of the 
    Environmental Protection Agency shall, after consulting with 
    information technology industry and other interested parties, 
    initiate a voluntary national information program for those types 
    of data centers and data center equipment and facilities that are 
    widely used and for which there is a potential for significant data 
    center energy savings as a result of the program.
        (2) Requirements.--The program described in paragraph (1) 
    shall--
            (A) address data center efficiency holistically, reflecting 
        the total energy consumption of data centers as whole systems, 
        including both equipment and facilities;
            (B) consider prior work and studies undertaken in this 
        area, including by the Environmental Protection Agency and the 
        Department of Energy;
            (C) consistent with the objectives described in paragraph 
        (1), determine the type of data center and data center 
        equipment and facilities to be covered under the program;
            (D) produce specifications, measurements, best practices, 
        and benchmarks that will enable data center operators to make 
        more informed decisions about the energy efficiency and costs 
        of data centers, and that take into account--
                (i) the performance and use of servers, data storage 
            devices, and other information technology equipment;
                (ii) the efficiency of heating, ventilation, and air 
            conditioning, cooling, and power conditioning systems, 
            provided that no modification shall be required of a 
            standard then in effect under the Energy Policy and 
            Conservation Act (42 U.S.C. 6201 et seq.) for any covered 
            heating, ventilation, air-conditioning, cooling or power-
            conditioning product;
                (iii) energy savings from the adoption of software and 
            data management techniques; and
                (iv) other factors determined by the organization 
            described in subsection (c);
            (E) allow for creation of separate specifications, 
        measurements, and benchmarks based on data center size and 
        function, as well as other appropriate characteristics;
            (F) advance the design and implementation of efficiency 
        technologies to the maximum extent economically practical;
            (G) provide to data center operators in the private sector 
        and the Federal Government information about best practices and 
        purchasing decisions that reduce the energy consumption of data 
        centers; and
            (H) publish the information described in subparagraph (G), 
        which may be disseminated through catalogs, trade publications, 
        the Internet, or other mechanisms, that will allow data center 
        operators to assess the energy consumption and potential cost 
        savings of alternative data centers and data center equipment 
        and facilities.
        (3) Procedures.--The program described in paragraph (1) shall 
    be developed in consultation with and coordinated by the 
    organization described in subsection (c) according to commonly 
    accepted procedures for the development of specifications, 
    measurements, and benchmarks.
    (c) Data Center Efficiency Organization.--
        (1) In general.--After the establishment of the program 
    described in subsection (b), the Secretary and the Administrator 
    shall jointly designate an information technology industry 
    organization to consult with and to coordinate the program.
        (2) Requirements.--The organization designated under paragraph 
    (1), whether preexisting or formed specifically for the purposes of 
    subsection (b), shall--
            (A) consist of interested parties that have expertise in 
        energy efficiency and in the development, operation, and 
        functionality of computer data centers, information technology 
        equipment, and software, as well as representatives of hardware 
        manufacturers, data center operators, and facility managers;
            (B) obtain and address input from Department of Energy 
        National Laboratories or any college, university, research 
        institution, industry association, company, or public interest 
        group with applicable expertise in any of the areas listed in 
        paragraph (1);
            (C) follow commonly accepted procedures for the development 
        of specifications and accredited standards development 
        processes;
            (D) have a mission to develop and promote energy efficiency 
        for data centers and information technology; and
            (E) have the primary responsibility to consult in the 
        development and publishing of the information, measurements, 
        and benchmarks described in subsection (b) and transmission of 
        the information to the Secretary and the Administrator for 
        consideration under subsection (d).
    (d) Measurements and Specifications.--
        (1) In general.--The Secretary and the Administrator shall 
    consider the specifications, measurements, and benchmarks described 
    in subsection (b) for use by the Federal Energy Management Program, 
    the Energy Star Program, and other efficiency programs of the 
    Department of Energy and Environmental Protection Agency, 
    respectively.
        (2) Rejections.--If the Secretary or the Administrator rejects 
    1 or more specifications, measurements, or benchmarks described in 
    subsection (b), the rejection shall be made consistent with section 
    12(d) of the National Technology Transfer and Advancement Act of 
    1995 (15 U.S.C. 272 note; Public Law 104-113).
        (3) Determination of impracticability.--A determination that a 
    specification, measurement, or benchmark described in subsection 
    (b) is impractical may include consideration of the maximum 
    efficiency that is technologically feasible and economically 
    justified.
    (e) Monitoring.--The Secretary and the Administrator shall--
        (1) monitor and evaluate the efforts to develop the program 
    described in subsection (b); and
        (2) not later than 3 years after the date of enactment of this 
    Act, make a determination as to whether the program is consistent 
    with the objectives of subsection (b).
    (f) Alternative System.--If the Secretary and the Administrator 
make a determination under subsection (e) that a voluntary national 
information program for data centers consistent with the objectives of 
subsection (b) has not been developed, the Secretary and the 
Administrator shall, after consultation with the National Institute of 
Standards and Technology and not later than 2 years after the 
determination, develop and implement the program under subsection (b).
    (g) Protection of Proprietary Information.--The Secretary, the 
Administrator, or the data center efficiency organization shall not 
disclose any proprietary information or trade secrets provided by any 
individual or company for the purposes of carrying out this section or 
the program established under this section.

              Subtitle E--Healthy High-Performance Schools

SEC. 461. HEALTHY HIGH-PERFORMANCE SCHOOLS.

    (a) Amendment.--The Toxic Substances Control Act (15 U.S.C. 2601 et 
seq.) is amended by adding at the end the following new title:

              ``TITLE V--HEALTHY HIGH-PERFORMANCE SCHOOLS

``SEC. 501. GRANTS FOR HEALTHY SCHOOL ENVIRONMENTS.

    ``(a) In General.--The Administrator, in consultation with the 
Secretary of Education, may provide grants to States 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 and implementation of State school 
    environmental health programs that include--
            ``(A) standards for school building design, construction, 
        and renovation; and
            ``(B) identification of ongoing school building 
        environmental problems, including contaminants, hazardous 
        substances, and pollutant emissions, 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.
    ``(b) Sunset.--The authority of the Administrator to carry out this 
section shall expire 5 years after the date of enactment of this 
section.

``SEC. 502. MODEL GUIDELINES FOR SITING OF SCHOOL FACILITIES.

    ``Not later than 18 months after the date of enactment of this 
section, the Administrator, in consultation with the Secretary of 
Education and the Secretary of Health and Human Services, shall issue 
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. 503. PUBLIC OUTREACH.

    ``(a) Reports.--The Administrator shall publish and submit to 
Congress an annual report on all activities carried out under this 
title, until the expiration of authority described in section 501(b).
    ``(b) Public Outreach.--The Federal Director appointed under 
section 436(a) of the Energy Independence and Security Act of 2007 (in 
this title referred to as the `Federal Director') shall ensure, to the 
maximum extent practicable, that the public clearinghouse established 
under section 423(1) of the Energy Independence and Security Act of 
2007 receives and makes available information on the exposure of 
children to environmental hazards in school facilities, as provided by 
the Administrator.

``SEC. 504. ENVIRONMENTAL HEALTH PROGRAM.

    ``(a) In General.--Not later than 2 years after the date of 
enactment of this section, the Administrator, 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 
    initiatives established under this title or subtitle C of title IV 
    of the Energy Independence and Security Act of 2007 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) takes into account studies using relevant tools 
    identified or developed in accordance with section 492 of the 
    Energy Independence and Security Act of 2007;
        ``(3) takes into account, with respect to school facilities, 
    each of--
            ``(A) environmental problems, contaminants, hazardous 
        substances, and pollutant emissions, including--
                ``(i) lead from drinking water;
                ``(ii) lead from materials and products;
                ``(iii) asbestos;
                ``(iv) radon;
                ``(v) the presence of elemental mercury releases from 
            products and containers;
                ``(vi) pollutant emissions from materials and products; 
            and
                ``(vii) any other environmental problem, contaminant, 
            hazardous substance, or pollutant emission that present or 
            may present a risk to the health of occupants of the school 
            facilities or environment;
            ``(B) natural day lighting;
            ``(C) ventilation choices and technologies;
            ``(D) heating and cooling choices and technologies;
            ``(E) moisture control and mold;
            ``(F) maintenance, cleaning, and pest control activities;
            ``(G) acoustics; and
            ``(H) other issues relating to the health, comfort, 
        productivity, and performance of occupants of the school 
        facilities;
        ``(4) provides technical assistance on siting, design, 
    management, and operation of school facilities, including 
    facilities used by students with disabilities or special needs;
        ``(5) collaborates with federally funded pediatric 
    environmental health centers to assist in on-site school 
    environmental investigations;
        ``(6) assists States and the public in better understanding and 
    improving the environmental health of children; and
        ``(7) takes into account the special vulnerability of children 
    in low-income and minority communities to exposures from 
    contaminants, hazardous substances, and pollutant emissions.
    ``(b) Public Outreach.--The Federal Director and Commercial 
Director shall ensure, to the maximum extent practicable, that the 
public clearinghouse established under section 423 of the Energy 
Independence and Security Act of 2007 receives and makes available--
        ``(1) information from the Administrator that is contained in 
    the report described in section 503(a); and
        ``(2) information on the exposure of children to environmental 
    hazards in school facilities, as provided by the Administrator.

``SEC. 505. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
$1,000,000 for fiscal year 2009, and $1,500,000 for each of fiscal 
years 2010 through 2013, to remain available until expended.''.
    (b) Table of Contents Amendment.--The table of contents for the 
Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is amended by 
adding at the end the following:

               ``TITLE V--HEALTHY HIGH-PERFORMANCE SCHOOLS

``Sec. 501. Grants for healthy school environments.
``Sec. 502. Model guidelines for siting of school facilities.
``Sec. 503. Public outreach.
``Sec. 504. Environmental health program.
``Sec. 505. Authorization of appropriations.''.

SEC. 462. STUDY ON INDOOR ENVIRONMENTAL QUALITY IN SCHOOLS.

    (a) In General.--The Administrator of the Environmental Protection 
Agency shall enter into an arrangement with the Secretary of Education 
and the Secretary of Energy to conduct a detailed study of how 
sustainable building features such as energy efficiency affect multiple 
perceived indoor environmental quality stressors on students in K-12 
schools.
    (b) Contents.--The study shall--
        (1) investigate the combined effect building stressors such as 
    heating, cooling, humidity, lighting, and acoustics have on 
    building occupants' health, productivity, and overall well-being;
        (2) identify how sustainable building features, such as energy 
    efficiency, are influencing these human outcomes singly and in 
    concert; and
        (3) ensure that the impacts of the indoor environmental quality 
    are evaluated as a whole.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for carrying out this section $200,000 for each of the 
fiscal years 2008 through 2012.

                   Subtitle F--Institutional Entities

SEC. 471. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS AND LOANS FOR 
              INSTITUTIONS.

    Part G of title III of the Energy Policy and Conservation Act is 
amended by inserting after section 399 (42 U.S.C. 6371h) the following:

``SEC. 399A. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS AND LOANS FOR 
              INSTITUTIONS.

    ``(a) Definitions.--In this section:
        ``(1) Combined heat and power.--The term `combined heat and 
    power' means the generation of electric energy and heat in a 
    single, integrated system, with an overall thermal efficiency of 60 
    percent or greater on a higher-heating-value basis.
        ``(2) District energy systems.--The term `district energy 
    systems' means systems providing thermal energy from a renewable 
    energy source, thermal energy source, or highly efficient 
    technology to more than 1 building or fixed energy-consuming use 
    from 1 or more thermal-energy production facilities through pipes 
    or other means to provide space heating, space conditioning, hot 
    water, steam, compression, process energy, or other end uses for 
    that energy.
        ``(3) Energy sustainability.--The term `energy sustainability' 
    includes using a renewable energy source, thermal energy source, or 
    a highly efficient technology for transportation, electricity 
    generation, heating, cooling, lighting, or other energy services in 
    fixed installations.
        ``(4) 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).
        ``(5) Institutional entity.--The term `institutional entity' 
    means an institution of higher education, a public school district, 
    a local government, a municipal utility, or a designee of 1 of 
    those entities.
        ``(6) Renewable energy source.--The term `renewable energy 
    source' has the meaning given the term in section 609 of the Public 
    Utility Regulatory Policies Act of 1978 (7 U.S.C. 918c).
        ``(7) Sustainable energy infrastructure.--The term `sustainable 
    energy infrastructure' means--
            ``(A) facilities for production of energy from renewable 
        energy sources, thermal energy sources, or highly efficient 
        technologies, including combined heat and power or other waste 
        heat use; and
            ``(B) district energy systems.
        ``(8) Thermal energy source.--The term `thermal energy source' 
    means--
            ``(A) a natural source of cooling or heating from lake or 
        ocean water; and
            ``(B) recovery of useful energy that would otherwise be 
        wasted from ongoing energy uses.
    ``(b) Technical Assistance Grants.--
        ``(1) In general.--Subject to the availability of appropriated 
    funds, the Secretary shall implement a program of information 
    dissemination and technical assistance to institutional entities to 
    assist the institutional entities in identifying, evaluating, 
    designing, and implementing sustainable energy infrastructure 
    projects in energy sustainability.
        ``(2) Assistance.--The Secretary shall support institutional 
    entities in--
            ``(A) identification of opportunities for sustainable 
        energy infrastructure;
            ``(B) understanding the technical and economic 
        characteristics of sustainable energy infrastructure;
            ``(C) utility interconnection and negotiation of power and 
        fuel contracts;
            ``(D) understanding financing alternatives;
            ``(E) permitting and siting issues;
            ``(F) obtaining case studies of similar and successful 
        sustainable energy infrastructure systems; and
            ``(G) reviewing and obtaining computer software for 
        assessment, design, and operation and maintenance of 
        sustainable energy infrastructure systems.
        ``(3) Eligible costs for technical assistance grants.--On 
    receipt of an application of an institutional entity, the Secretary 
    may make grants to the institutional entity to fund a portion of 
    the cost of--
            ``(A) feasibility studies to assess the potential for 
        implementation or improvement of sustainable energy 
        infrastructure;
            ``(B) analysis and implementation of strategies to overcome 
        barriers to project implementation, including financial, 
        contracting, siting, and permitting barriers; and
            ``(C) detailed engineering of sustainable energy 
        infrastructure.
    ``(c) Grants for Energy Efficiency Improvement and Energy 
Sustainability.--
        ``(1) Grants.--
            ``(A) In general.--The Secretary shall award grants to 
        institutional entities to carry out projects to improve energy 
        efficiency on the grounds and facilities of the institutional 
        entity.
            ``(B) Requirement.--To the extent that applications have 
        been submitted, grants under subparagraph (A) shall include not 
        less than 1 grant each year to an institution of higher 
        education in each State.
            ``(C) Minimum funding.--Not less than 50 percent of the 
        total funding for all grants under this subsection shall be 
        awarded in grants to institutions of higher education.
        ``(2) Criteria.--Evaluation of projects for grant funding shall 
    be based on criteria established by the Secretary, including 
    criteria relating to--
            ``(A) improvement in energy efficiency;
            ``(B) reduction in greenhouse gas emissions and other air 
        emissions, including criteria air pollutants and ozone-
        depleting refrigerants;
            ``(C) increased use of renewable energy sources or thermal 
        energy sources;
            ``(D) reduction in consumption of fossil fuels;
            ``(E) active student participation; and
            ``(F) need for funding assistance.
        ``(3) Condition.--As a condition of receiving a grant under 
    this subsection, an institutional entity shall agree--
            ``(A) to implement a public awareness campaign concerning 
        the project in the community in which the institutional entity 
        is located; and
            ``(B) to 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), including 
        quantification of the results relative to the criteria 
        described under paragraph (2).
    ``(d) Grants for Innovation in Energy Sustainability.--
        ``(1) Grants.--
            ``(A) In general.--The Secretary shall award grants to 
        institutional entities to engage in innovative energy 
        sustainability projects.
            ``(B) Requirement.--To the extent that applications have 
        been submitted, grants under subparagraph (A) shall include not 
        less than 2 grants each year to institutions of higher 
        education in each State.
            ``(C) Minimum funding.--Not less than 50 percent of the 
        total funding for all grants under this subsection shall be 
        awarded in grants to institutions of higher education.
        ``(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) to the extent undertaken by an institution of higher 
        education, ensure active student participation in the project, 
        including the planning, implementation, evaluation, and other 
        phases of projects.
        ``(3) Condition.--As a condition of receiving a grant under 
    this subsection, an institutional entity shall agree to submit to 
    the Secretary, and make available to the public, reports that 
    describe the results of the projects carried out using grant funds.
    ``(e) Allocation to Institutions of Higher Education With Small 
Endowments.--
        ``(1) In general.--Of the total amount of grants provided to 
    institutions of higher education for a fiscal year under this 
    section, the Secretary shall provide not less than 50 percent of 
    the amount to institutions of higher education that have an 
    endowment of not more than $100,000,000.
        ``(2) Requirement.--To the extent that applications have been 
    submitted, at least 50 percent of the amount described in paragraph 
    (1) shall be provided to institutions of higher education that have 
    an endowment of not more than $50,000,000.
    ``(f) Grant Amounts.--
        ``(1) In general.--If the Secretary determines that cost 
    sharing is appropriate, the amounts of grants provided under this 
    section shall be limited as provided in this subsection.
        ``(2) Technical assistance grants.--In the case of grants for 
    technical assistance under subsection (b), grant funds shall be 
    available for not more than--
            ``(A) an amount equal to the lesser of--
                ``(i) $50,000; or
                ``(ii) 75 percent of the cost of feasibility studies to 
            assess the potential for implementation or improvement of 
            sustainable energy infrastructure;
            ``(B) an amount equal to the lesser of--
                ``(i) $90,000; or
                ``(ii) 60 percent of the cost of guidance on overcoming 
            barriers to project implementation, including financial, 
            contracting, siting, and permitting barriers; and
            ``(C) an amount equal to the lesser of--
                ``(i) $250,000; or
                ``(ii) 40 percent of the cost of detailed engineering 
            and design of sustainable energy infrastructure.
        ``(3) Grants for efficiency improvement and energy 
    sustainability.--In the case of grants for efficiency improvement 
    and energy sustainability under subsection (c), grant funds shall 
    be available for not more than an amount equal to the lesser of--
            ``(A) $1,000,000; or
            ``(B) 60 percent of the total cost.
        ``(4) Grants for innovation in energy sustainability.--In the 
    case of grants for innovation in energy sustainability under 
    subsection (d), grant funds shall be available for not more than an 
    amount equal to the lesser of--
            ``(A) $500,000; or
            ``(B) 75 percent of the total cost.
    ``(g) Loans for Energy Efficiency Improvement and Energy 
Sustainability.--
        ``(1) In general.--Subject to the availability of appropriated 
    funds, the Secretary shall provide loans to institutional entities 
    for the purpose of implementing energy efficiency improvements and 
    sustainable energy infrastructure.
        ``(2) Terms and conditions.--
            ``(A) In general.--Except as otherwise provided in this 
        paragraph, loans made under this subsection shall be on such 
        terms and conditions as the Secretary may prescribe.
            ``(B) Maturity.--The final maturity of loans made within a 
        period shall be the lesser of, as determined by the Secretary--
                ``(i) 20 years; or
                ``(ii) 90 percent of the useful life of the principal 
            physical asset to be financed by the loan.
            ``(C) Default.--No loan made under this subsection may be 
        subordinated to another debt contracted by the institutional 
        entity or to any other claims against the institutional entity 
        in the case of default.
            ``(D) Benchmark interest rate.--
                ``(i) In general.--Loans under this subsection shall be 
            at an interest rate that is set by reference to a benchmark 
            interest rate (yield) on marketable Treasury securities 
            with a similar maturity to the direct loans being made.
                ``(ii) Minimum.--The minimum interest rate of loans 
            under this subsection shall be at the interest rate of the 
            benchmark financial instrument.
                ``(iii) New loans.--The minimum interest rate of new 
            loans shall be adjusted each quarter to take account of 
            changes in the interest rate of the benchmark financial 
            instrument.
            ``(E) Credit risk.--The Secretary shall--
                ``(i) prescribe explicit standards for use in 
            periodically assessing the credit risk of making direct 
            loans under this subsection; and
                ``(ii) find that there is a reasonable assurance of 
            repayment before making a loan.
            ``(F) Advance budget authority required.--New direct loans 
        may not be obligated under this subsection except to the extent 
        that appropriations of budget authority to cover the costs of 
        the new direct loans are made in advance, as required by 
        section 504 of the Federal Credit Reform Act of 1990 (2 U.S.C. 
        661c).
        ``(3) Criteria.--Evaluation of projects for potential loan 
    funding shall be based on criteria established by the Secretary, 
    including criteria relating to--
            ``(A) improvement in energy efficiency;
            ``(B) reduction in greenhouse gas emissions and other air 
        emissions, including criteria air pollutants and ozone-
        depleting refrigerants;
            ``(C) increased use of renewable electric energy sources or 
        renewable thermal energy sources;
            ``(D) reduction in consumption of fossil fuels; and
            ``(E) need for funding assistance, including consideration 
        of the size of endowment or other financial resources available 
        to the institutional entity.
        ``(4) Labor standards.--
            ``(A) In general.--All laborers and mechanics employed by 
        contractors or subcontractors in the performance of 
        construction, repair, or alteration work funded in whole or in 
        part under this section shall be paid wages at rates not less 
        than those prevailing on projects of a character similar in the 
        locality as determined by the Secretary of Labor in accordance 
        with sections 3141 through 3144, 3146, and 3147 of title 40, 
        United States Code. The Secretary shall not approve any such 
        funding without first obtaining adequate assurance that 
        required labor standards will be maintained upon the 
        construction work.
            ``(B) Authority and functions.--The Secretary of Labor 
        shall have, with respect to the labor standards specified in 
        paragraph (1), the authority and functions set forth in 
        Reorganization Plan Number 14 of 1950 (15 Fed. Reg. 3176; 64 
        Stat. 1267) and section 3145 of title 40, United States Code.
    ``(h) Program Procedures.--Not later than 180 days after the date 
of enactment of this section, the Secretary shall establish procedures 
for the solicitation and evaluation of potential projects for grant and 
loan funding and administration of the grant and loan programs.
    ``(i) Authorization.--
        ``(1) Grants.--There is authorized to be appropriated for the 
    cost of grants authorized in subsections (b), (c), and (d) 
    $250,000,000 for each of fiscal years 2009 through 2013, of which 
    not more than 5 percent may be used for administrative expenses.
        ``(2) Loans.--There is authorized to be appropriated for the 
    initial cost of direct loans authorized in subsection (g) 
    $500,000,000 for each of fiscal years 2009 through 2013, of which 
    not more than 5 percent may be used for administrative expenses.''.

                Subtitle G--Public and Assisted Housing

SEC. 481. 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)--
            (A) in paragraph (1)(C), by striking, ``, where such 
        standards are determined to be cost effective by the Secretary 
        of Housing and Urban Development''; and
            (B) in the first sentence of paragraph (2)--
                (i) by striking ``Council of American Building 
            Officials Model Energy Code, 1992'' and inserting ``2006 
            International Energy Conservation Code''; and
                (ii) 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'';
        (2) in subsection (b)--
            (A) in the heading, by striking ``Model Energy Code.--'' 
        and inserting ``International Energy Conservation Code.--'';
            (B) by inserting ``and rehabilitation'' after ``all new 
        construction''; 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'';
        (3) 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'';
        (4) by adding at the end the following:
    ``(d) Failure To Amend the Standards.--If the Secretary of Housing 
and Urban Development and the Secretary of Agriculture 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), all new construction and rehabilitation of 
housing specified in subsection (a) shall meet the requirements of the 
revised code or standard if--
        ``(1) 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
        ``(2) 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.'';
        (5) by striking ``CABO Model Energy Code, 1992'' each place it 
    appears and inserting ``the 2006 IECC''; and
        (6) by striking ``1989'' each place it appears and inserting 
    ``2004''.

                     Subtitle H--General Provisions

SEC. 491. DEMONSTRATION PROJECT.

    (a) In General.--The Federal Director and the Commercial Director 
shall establish guidelines to implement a demonstration project to 
contribute to the research goals of the Office of Commercial High-
Performance Green Buildings and the Office of Federal High-Performance 
Green Buildings.
    (b) Projects.--In accordance with guidelines established by the 
Federal Director and the Commercial Director under subsection (a) and 
the duties of the Federal Director and the Commercial Director 
described in this title, the Federal Director or the Commercial 
Director shall carry out--
        (1) for each of fiscal years 2009 through 2014, 1 demonstration 
    project per year of green features in a Federal building selected 
    by the Federal Director in accordance with relevant agencies and 
    described in subsection (c)(1), that--
            (A) provides for instrumentation, monitoring, and data 
        collection related to the green features, for study of the 
        impact of the features on overall energy use and operational 
        costs, and for the evaluation of the information obtained 
        through the conduct of projects and activities under this 
        title; and
            (B) achieves the highest rating offered by the high 
        performance green building system identified pursuant to 
        section 436(h);
        (2) no fewer than 4 demonstration projects at 4 universities, 
    that, as competitively selected by the Commercial Director in 
    accordance with subsection (c)(2), have--
            (A) appropriate research resources and relevant projects to 
        meet the goals of the demonstration project established by the 
        Office of Commercial High-Performance Green Buildings; and
            (B) the ability--
                (i) to serve as a model for high-performance green 
            building initiatives, including research and education by 
            achieving the highest rating offered by the high 
            performance green building system identified pursuant to 
            section 436(h);
                (ii) to identify the most effective ways to use high-
            performance green building and landscape technologies to 
            engage and educate undergraduate and graduate students;
                (iii) to effectively implement a high-performance green 
            building education program for students and occupants;
                (iv) to demonstrate the effectiveness of various high-
            performance technologies, including their impacts on energy 
            use and operational costs, in each of the 4 climatic 
            regions of the United States described in subsection 
            (c)(2)(B); and
                (v) to explore quantifiable and nonquantifiable 
            beneficial impacts on public health and employee and 
            student performance;
        (3) demonstration projects to evaluate replicable approaches of 
    achieving high performance in actual building operation in various 
    types of commercial buildings in various climates; and
        (4) deployment activities to disseminate information on and 
    encourage widespread adoption of technologies, practices, and 
    policies to achieve zero-net-energy commercial buildings or low 
    energy use and effective monitoring of energy use in commercial 
    buildings.
    (c) Criteria.--
        (1) Federal facilities.--With respect to the existing or 
    proposed Federal facility at which a demonstration project under 
    this section is conducted, the Federal facility shall--
            (A) be an appropriate model for a project relating to--
                (i) the effectiveness of high-performance technologies;
                (ii) analysis of materials, components, systems, and 
            emergency operations in the building, and the impact of 
            those materials, components, and systems, including the 
            impact on the health of building occupants;
                (iii) life-cycle costing and life-cycle assessment of 
            building materials and systems; and
                (iv) location and design that promote access to the 
            Federal facility through walking, biking, and mass transit; 
            and
            (B) possess sufficient technological and organizational 
        adaptability.
        (2) Universities.--With respect to the 4 universities at which 
    a demonstration project under this section is conducted--
            (A) the universities should be selected, after careful 
        review of all applications received containing the required 
        information, as determined by the Commercial Director, based 
        on--
                (i) successful and established public-private research 
            and development partnerships;
                (ii) demonstrated capabilities to construct or renovate 
            buildings that meet high indoor environmental quality 
            standards;
                (iii) organizational flexibility;
                (iv) technological adaptability;
                (v) the demonstrated capacity of at least 1 university 
            to replicate lessons learned among nearby or sister 
            universities, preferably by participation in groups or 
            consortia that promote sustainability;
                (vi) the demonstrated capacity of at least 1 university 
            to have officially-adopted, institution-wide ``high-
            performance green building'' guidelines for all campus 
            building projects; and
                (vii) the demonstrated capacity of at least 1 
            university to have been recognized by similar institutions 
            as a national leader in sustainability education and 
            curriculum for students of the university; and
            (B) each university shall be located in a different 
        climatic region of the United States, each of which regions 
        shall have, as determined by the Office of Commercial High-
        Performance Green Buildings--
                (i) a hot, dry climate;
                (ii) a hot, humid climate;
                (iii) a cold climate; or
                (iv) a temperate climate (including a climate with cold 
            winters and humid summers).
    (d) Applications.--To receive a grant under subsection (b), an 
eligible applicant shall submit to the Federal Director or the 
Commercial Director an application at such time, in such manner, and 
containing such information as the Director may require, including a 
written assurance that 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 through 3144, 3146, and 3147 of 
title 40, United States Code. The Secretary of Labor shall, with 
respect to the labor standards described in this subsection, 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.
    (e) Report.--Not later than 1 year after the date of enactment of 
this Act, and annually thereafter through September 30, 2014--
        (1) the Federal Director and the Commercial Director shall 
    submit to the Secretary a report that describes the status of the 
    demonstration projects; and
        (2) each University at which a demonstration project under this 
    section is conducted shall submit to the Secretary a report that 
    describes the status of the demonstration projects under this 
    section.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the demonstration project described in 
section (b)(1), $10,000,000 for the period of fiscal years 2008 through 
2012, and to carry out the demonstration project described in section 
(b)(2), $10,000,000 for the period of fiscal years 2008 through 2012, 
to remain available until expended.

SEC. 492. RESEARCH AND DEVELOPMENT.

    (a) Establishment.--The Federal Director and the Commercial 
Director, jointly and in coordination with the Advisory 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, 
        safety, security, and accessibility 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;
                (viii) access to public transportation; and
                (ix) other issues relating to the health, comfort, 
            productivity, and performance of occupants of the building;
            (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; and
            (C) identifies and tests new and emerging technologies for 
        high-performance green buildings;
        (3) assist the budget and life-cycle costing functions of the 
    Directors' Offices under section 436(d);
        (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 
    Directors' Offices.
    (b) Indoor Air Quality.--The Federal Director, in consultation with 
the Administrator of the Environmental Protection Agency and the 
Advisory 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. 493. ENVIRONMENTAL PROTECTION AGENCY DEMONSTRATION GRANT PROGRAM 
              FOR LOCAL GOVERNMENTS.

    Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is amended 
by adding at the end the following:

``SEC. 329. DEMONSTRATION GRANT PROGRAM FOR LOCAL GOVERNMENTS.

    ``(a) Grant Program.--
        ``(1) In general.--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 section, 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.
    ``(g) Definitions.--In this section, the terms `cost-effective 
technologies and practices' and `operating cost savings' shall have the 
meanings defined in section 401 of the Energy Independence and Security 
Act of 2007.''.

SEC. 494. GREEN BUILDING ADVISORY COMMITTEE.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Federal Director, in coordination with the 
Commercial 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 421(e); and
            (B) other relevant agencies and entities, as determined by 
        the Federal 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;
                (v) public transportation industry experts; and
                (vi) 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 Federal Director shall establish a regular 
schedule of meetings for the Committee.
    (d) Duties.--The Committee shall provide advice and expertise for 
use by the Federal 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. 495. ADVISORY COMMITTEE ON ENERGY EFFICIENCY FINANCE.

    (a) Establishment.--The Secretary, acting through the Assistant 
Secretary of Energy for Energy Efficiency and Renewable Energy, shall 
establish an Advisory Committee on Energy Efficiency Finance to provide 
advice and recommendations to the Department on energy efficiency 
finance and investment issues, options, ideas, and trends, and to 
assist the energy community in identifying practical ways of lowering 
costs and increasing investments in energy efficiency technologies.
    (b) Membership.--The advisory committee established under this 
section shall have a balanced membership that shall include members 
with expertise in--
        (1) availability of seed capital;
        (2) availability of venture capital;
        (3) availability of other sources of private equity;
        (4) investment banking with respect to corporate finance;
        (5) investment banking with respect to mergers and 
    acquisitions;
        (6) equity capital markets;
        (7) debt capital markets;
        (8) research analysis;
        (9) sales and trading;
        (10) commercial lending; and
        (11) residential lending.
    (c) Termination.--The Advisory Committee on Energy Efficiency 
Finance shall terminate on the date that is 10 years after the date of 
enactment of this Act.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to the Secretary for carrying 
out this section.

     TITLE V--ENERGY SAVINGS IN GOVERNMENT AND PUBLIC INSTITUTIONS
               Subtitle A--United States Capitol Complex

SEC. 501. CAPITOL COMPLEX PHOTOVOLTAIC ROOF FEASIBILITY STUDIES.

    (a) Studies.--The Architect of the Capitol may conduct feasibility 
studies regarding construction of photovoltaic roofs for the Rayburn 
House Office Building and the Hart Senate Office Building.
    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Architect of the Capitol shall transmit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Rules and Administration of the Senate, a report 
on the results of the feasibility studies and recommendations regarding 
construction of photovoltaic roofs for the buildings referred to in 
subsection (a).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $500,000.

SEC. 502. CAPITOL COMPLEX E-85 REFUELING STATION.

    (a) Construction.--The Architect of the Capitol may construct a 
fuel tank and pumping system for E-85 fuel at or within close proximity 
to the Capitol Grounds Fuel Station.
    (b) Use.--The E-85 fuel tank and pumping system shall be available 
for use by all legislative branch vehicles capable of operating with E-
85 fuel, subject to such other legislative branch agencies reimbursing 
the Architect of the Capitol for the costs of E-85 fuel used by such 
other legislative branch vehicles.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $640,000 for fiscal year 2008.

SEC. 503. ENERGY AND ENVIRONMENTAL MEASURES IN CAPITOL COMPLEX MASTER 
              PLAN.

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

SEC. 504. PROMOTING MAXIMUM EFFICIENCY IN OPERATION OF CAPITOL POWER 
              PLANT.

    (a) Steam Boilers.--
        (1) In general.--The Architect of the Capitol shall take such 
    steps as may be necessary to operate the steam boilers at the 
    Capitol Power Plant in the most energy efficient manner possible to 
    minimize carbon emissions and operating costs, including adjusting 
    steam pressures and adjusting the operation of the boilers to take 
    into account variations in demand, including seasonality, for the 
    use of the system.
        (2) Effective date.--The Architect shall implement the steps 
    required under paragraph (1) not later than 30 days after the date 
    of the enactment of this Act.
    (b) Chiller Plant.--
        (1) In general.--The Architect of the Capitol shall take such 
    steps as may be necessary to operate the chiller plant at the 
    Capitol Power Plant in the most energy efficient manner possible to 
    minimize carbon emissions and operating costs, including adjusting 
    water temperatures and adjusting the operation of the chillers to 
    take into account variations in demand, including seasonality, for 
    the use of the system.
        (2) Effective date.--The Architect shall implement the steps 
    required under paragraph (1) not later than 30 days after the date 
    of the enactment of this Act.
    (c) Meters.--Not later than 90 days after the date of the enactment 
of this Act, the Architect of the Capitol shall evaluate the accuracy 
of the meters in use at the Capitol Power Plant and correct them as 
necessary.
    (d) Report on Implementation.--Not later than 180 days after the 
date of the enactment of this Act, the Architect of the Capitol shall 
complete the implementation of the requirements of this section and 
submit a report describing the actions taken and the energy 
efficiencies achieved to the Committee on Transportation and 
Infrastructure of the House of Representatives, the Committee on 
Commerce, Science, and Transportation of the Senate, the Committee on 
House Administration of the House of Representatives, and the Committee 
on Rules and Administration of the Senate.

SEC. 505. CAPITOL POWER PLANT CARBON DIOXIDE EMISSIONS FEASIBILITY 
              STUDY AND DEMONSTRATION PROJECTS.

    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 
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'.
    ``(b) Definition.--In this section, the term `carbon dioxide energy 
efficiency' means the quantity of electricity used to power equipment 
for carbon dioxide capture and storage or use.
    ``(c) Feasibility Study.--The Architect of the Capitol shall 
conduct a feasibility study evaluating the available methods to 
capture, store, and use carbon dioxide emitted from the Capitol Power 
Plant as a result of burning fossil fuels. In carrying out the 
feasibility study, the Architect of the Capitol is encouraged to 
consult with individuals with expertise in carbon capture and storage 
or use, including experts with the Environmental Protection Agency, 
Department of Energy, academic institutions, non-profit organizations, 
and industry, as appropriate. The study shall consider--
        ``(1) the availability of technologies to capture and store or 
    use Capitol Power Plant carbon dioxide emissions;
        ``(2) strategies to conserve energy and reduce carbon dioxide 
    emissions at the Capitol Power Plant; and
        ``(3) other factors as determined by the Architect of the 
    Capitol.
    ``(d) Demonstration Projects.--
        ``(1) In general.--If the feasibility study determines that a 
    demonstration project to capture and store or use Capitol Power 
    Plant carbon dioxide emissions is technologically feasible and 
    economically justified (including direct and indirect economic and 
    environmental benefits), the Architect of the Capitol may conduct 1 
    or more demonstration projects to capture and store or use carbon 
    dioxide emitted from the Capitol Power Plant as a result of burning 
    fossil fuels.
        ``(2) Factors for consideration.--In carrying out such 
    demonstration projects, the Architect of the Capitol shall 
    consider--
            ``(A) the amount of Capitol Power Plant carbon dioxide 
        emissions to be captured and stored or used;
            ``(B) whether the proposed project is able to reduce air 
        pollutants other than carbon dioxide;
            ``(C) the carbon dioxide energy efficiency of the proposed 
        project;
            ``(D) whether the proposed project is able to use carbon 
        dioxide emissions;
            ``(E) whether the proposed project could be expanded to 
        significantly increase the amount of Capitol Power Plant carbon 
        dioxide emissions to be captured and stored or used;
            ``(F) the potential environmental, energy, and educational 
        benefits of demonstrating the capture and storage or use of 
        carbon dioxide at the U.S. Capitol; and
            ``(G) other factors as determined by the Architect of the 
        Capitol.
        ``(3) Terms and conditions.--A demonstration project funded 
    under this section shall be subject to such terms and conditions as 
    the Architect of the Capitol may prescribe.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the feasibility study and demonstration 
project $3,000,000. Such sums shall remain available until expended.''.

           Subtitle B--Energy Savings Performance Contracting

SEC. 511. AUTHORITY TO ENTER INTO CONTRACTS; REPORTS.

    (a) In General.--Section 801(a)(2)(D) of the National Energy 
Conservation Policy Act (42 U.S.C. 8287(a)(2)(D)) is amended--
        (1) in clause (ii), by inserting ``and'' after the semicolon at 
    the end;
        (2) by striking clause (iii); and
        (3) by redesignating clause (iv) as clause (iii).
    (b) 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''.
    (c) Conforming Amendment.--Section 2913 of title 10, United States 
Code, is amended by striking subsection (e).

SEC. 512. FINANCING FLEXIBILITY.

    Section 801(a)(2) of the National Energy Conservation Policy Act 
(42 U.S.C. 8287(a)(2)) is amended by adding at the end the following:
            ``(E) Funding options.--In carrying out a contract under 
        this title, a Federal agency may use any combination of--
                ``(i) appropriated funds; and
                ``(ii) private financing under an energy savings 
            performance contract.''.

SEC. 513. PROMOTING LONG-TERM ENERGY SAVINGS PERFORMANCE CONTRACTS AND 
              VERIFYING SAVINGS.

    Section 801(a)(2) of the National Energy Conservation Policy Act 
(42 U.S.C. 8287(a)(2)) (as amended by section 512) is amended--
        (1) in subparagraph (D), by inserting ``beginning on the date 
    of the delivery order'' after ``25 years''; and
        (2) by adding at the end the following:
            ``(F) Promotion of contracts.--In carrying out this 
        section, a Federal agency shall not--
                ``(i) establish a Federal agency policy that limits the 
            maximum contract term under subparagraph (D) to a period 
            shorter than 25 years; or
                ``(ii) limit the total amount of obligations under 
            energy savings performance contracts or other private 
            financing of energy savings measures.
            ``(G) Measurement and verification requirements for private 
        financing.--
                ``(i) In general.--In the case of energy savings 
            performance contracts, the evaluations and savings 
            measurement and verification required under paragraphs (2) 
            and (4) of section 543(f) shall be used by a Federal agency 
            to meet the requirements for the need for energy audits, 
            calculation of energy savings, and any other evaluation of 
            costs and savings needed to implement the guarantee of 
            savings under this section.
                ``(ii) Modification of existing contracts.--Not later 
            than 18 months after the date of enactment of this 
            subparagraph, each Federal agency shall, to the maximum 
            extent practicable, modify any indefinite delivery and 
            indefinite quantity energy savings performance contracts, 
            and other indefinite delivery and indefinite quantity 
            contracts using private financing, to conform to the 
            amendments made by subtitle B of title V of the Energy 
            Independence and Security Act of 2007.''.

SEC. 514. PERMANENT REAUTHORIZATION.

    Section 801 of the National Energy Conservation Policy Act (42 
U.S.C. 8287) is amended by striking subsection (c).

SEC. 515. 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;
            ``(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.''.

SEC. 516. 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).

SEC. 517. TRAINING FEDERAL CONTRACTING OFFICERS TO NEGOTIATE ENERGY 
              EFFICIENCY CONTRACTS.

    (a) Program.--The Secretary shall create and administer in the 
Federal Energy Management Program a training program to educate Federal 
contract negotiation and contract management personnel so that the 
contract officers are prepared to--
        (1) negotiate energy savings performance contracts;
        (2) conclude effective and timely contracts for energy 
    efficiency services with all companies offering energy efficiency 
    services; and
        (3) review Federal contracts for all products and services for 
    the potential energy efficiency opportunities and implications of 
    the contracts.
    (b) Schedule.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall plan, staff, announce, and begin training 
under the Federal Energy Management Program.
    (c) Personnel To Be Trained.--Personnel appropriate to receive 
training under the Federal Energy Management Program shall be selected 
by and sent for the training from--
        (1) the Department of Defense;
        (2) the Department of Veterans Affairs;
        (3) the Department;
        (4) the General Services Administration;
        (5) the Department of Housing and Urban Development;
        (6) the United States Postal Service; and
        (7) all other Federal agencies and departments that enter 
    contracts for buildings, building services, electricity and 
    electricity services, natural gas and natural gas services, heating 
    and air conditioning services, building fuel purchases, and other 
    types of procurement or service contracts determined by the 
    Secretary, in carrying out the Federal Energy Management Program, 
    to offer the potential for energy savings and greenhouse gas 
    emission reductions if negotiated with taking into account those 
    goals.
    (d) Trainers.--Training under the Federal Energy Management Program 
may be conducted by--
        (1) attorneys or contract officers with experience in 
    negotiating and managing contracts described in subsection (c)(7) 
    from any agency, except that the Secretary shall reimburse the 
    related salaries and expenses of the attorneys or contract officers 
    from amounts made available for carrying out this section to the 
    extent the attorneys or contract officers are not employees of the 
    Department; and
        (2) private experts hired by the Secretary for the purposes of 
    this section, except that the Secretary may not hire experts who 
    are simultaneously employed by any company under contract to 
    provide energy efficiency services to the Federal Government.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $750,000 for 
each of fiscal years 2008 through 2012.

SEC. 518. STUDY OF ENERGY AND COST SAVINGS IN NONBUILDING APPLICATIONS.

    (a) Definitions.--In this section:
        (1) Nonbuilding application.--The term ``nonbuilding 
    application'' means--
            (A) 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
            (B) any federally-owned equipment used to generate 
        electricity or transport water.
        (2) Secondary savings.--
            (A) 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.
            (B) 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.
    (b) Study.--
        (1) 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.
        (2) Requirements.--The study under this subsection shall 
    include--
            (A) an estimate of the potential energy and cost savings to 
        the Federal Government, including secondary savings and 
        benefits, from increased efficiency in nonbuilding 
        applications;
            (B) 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 that use; and
            (C) such recommendations as the Secretary and the Secretary 
        of Defense determine to be appropriate.

           Subtitle C--Energy Efficiency in Federal Agencies

SEC. 521. 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 located at 
1000 Independence Avenue, SW., Washington, DC, commonly known as the 
Forrestal Building.
    (b) Funding.--There shall be available from the Federal Buildings 
Fund established by section 592 of title 40, United States Code, 
$30,000,000 to carry out this section. Such sums shall be derived from 
the unobligated balance of amounts made available from the Fund for 
fiscal year 2007, and prior fiscal years, for repairs and alternations 
and other activities (excluding amounts made available for the energy 
program). Such sums shall remain available until expended.

SEC. 522. PROHIBITION ON INCANDESCENT LAMPS BY COAST GUARD.

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

SEC. 523. 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)) is amended--
        (1) in clause (i)(II), 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 lifecycle cost-effective, as compared to 
            other reasonably available technologies, not less than 30 
            percent of the hot water demand for each new Federal 
            building or Federal building undergoing a major renovation 
            be met through the installation and use of solar hot water 
            heaters.''.

SEC. 524. FEDERALLY-PROCURED APPLIANCES WITH STANDBY POWER.

    Section 553 of the National Energy Conservation Policy Act (42 
U.S.C. 8259b) is amended--
        (1) by redesignating subsection (e) as subsection (f); and
        (2) by inserting after subsection (d) the following:
    ``(e) Federally-Procured Appliances With Standby Power.--
        ``(1) Definition of eligible product.--In this subsection, 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 paragraph (4).
        ``(2) Federal purchasing requirement.--Subject to paragraph 
    (3), if an agency purchases an eligible product, the agency shall 
    purchase--
            ``(A) an eligible product that uses not more than 1 watt in 
        the standby power consuming mode of the eligible product; or
            ``(B) if an eligible product described in subparagraph (A) 
        is not available, the eligible product with the lowest 
        available standby power wattage in the standby power consuming 
        mode of the eligible product.
        ``(3) Limitation.--The requirements of paragraph (2) shall 
    apply to a purchase by an agency only if--
            ``(A) the lower-wattage eligible product is--
                ``(i) lifecycle cost-effective; and
                ``(ii) practicable; and
            ``(B) the utility and performance of the eligible product 
        is not compromised by the lower wattage requirement.
        ``(4) Eligible products.--The Secretary, 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 
    paragraph (2).''.

SEC. 525. FEDERAL PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.

    (a) Amendments.--Section 553 of the National Energy Conservation 
Policy Act (42 U.S.C. 8259b) is amended--
        (1) in subsection (b)(1), by inserting ``in a product category 
    covered by the Energy Star program or the Federal Energy Management 
    Program for designated products'' after ``energy consuming 
    product''; and
        (2) in the second sentence of subsection (c)--
            (A) by inserting ``list in their catalogues, represent as 
        available, and'' after ``Logistics Agency shall''; and
            (B) by striking ``where the agency'' and inserting ``in 
        which the head of the agency''.
    (b) Catalogue Listing Deadline.--Not later than 9 months after the 
date of enactment of this Act, the General Services Administration and 
the Defense Logistics Agency shall ensure that the requirement 
established by the amendment made by subsection (a)(2)(A) has been 
fully complied with.

SEC. 526. PROCUREMENT AND ACQUISITION OF ALTERNATIVE FUELS.

    No Federal agency shall enter into a contract for procurement of an 
alternative or synthetic fuel, including a fuel produced from 
nonconventional petroleum sources, for any mobility-related use, other 
than for research or testing, unless the contract specifies that the 
lifecycle greenhouse gas emissions associated with the production and 
combustion of the fuel supplied under the contract must, on an ongoing 
basis, be less than or equal to such emissions from the equivalent 
conventional fuel produced from conventional petroleum sources.

SEC. 527. GOVERNMENT EFFICIENCY STATUS REPORTS.

    (a) In General.--Each Federal agency subject to any of the 
requirements of this title or the amendments made by this title shall 
compile and submit to the Director of the Office of Management and 
Budget an annual Government efficiency status report on--
        (1) compliance by the agency with each of the requirements of 
    this title and the amendments made by this title;
        (2) the status of the implementation by the agency of 
    initiatives to improve energy efficiency, reduce energy costs, and 
    reduce emissions of greenhouse gases; and
        (3) savings to the taxpayers of the United States resulting 
    from mandated improvements under this title and the amendments made 
    by this title.
    (b) Submission.--The report shall be submitted--
        (1) to the Director at such time as the Director requires;
        (2) in electronic, not paper, format; and
        (3) consistent with related reporting requirements.

SEC. 528. OMB GOVERNMENT EFFICIENCY REPORTS AND SCORECARDS.

    (a) Reports.--Not later than April 1 of each year, the Director of 
the Office of Management and Budget shall submit an annual Government 
efficiency report to the Committee on Oversight and Government Reform 
of the House of Representatives and the Committee on Governmental 
Affairs of the Senate, which shall contain--
        (1) a summary of the information reported by agencies under 
    section 527;
        (2) an evaluation of the overall progress of the Federal 
    Government toward achieving the goals of this title and the 
    amendments made by this title; and
        (3) recommendations for additional actions necessary to meet 
    the goals of this title and the amendments made by this title.
    (b) Scorecards.--The Director of the Office of Management and 
Budget shall include in any annual energy scorecard the Director is 
otherwise required to submit a description of the compliance of each 
agency with the requirements of this title and the amendments made by 
this title.

SEC. 529. ELECTRICITY SECTOR DEMAND RESPONSE.

    (a) In General.--Title V of the National Energy Conservation Policy 
Act (42 U.S.C. 8241 et seq.) is amended by adding at the end the 
following:

                    ``PART 5--PEAK DEMAND REDUCTION

``SEC. 571. NATIONAL ACTION PLAN FOR DEMAND RESPONSE.

    ``(a) National Assessment and Report.--The Federal Energy 
Regulatory Commission (`Commission') shall conduct a National 
Assessment of Demand Response. The Commission shall, within 18 months 
of the date of enactment of this part, submit a report to Congress that 
includes each of the following:
        ``(1) Estimation of nationwide demand response potential in 5 
    and 10 year horizons, including data on a State-by-State basis, and 
    a methodology for updates of such estimates on an annual basis.
        ``(2) Estimation of how much of this potential can be achieved 
    within 5 and 10 years after the enactment of this part accompanied 
    by specific policy recommendations that if implemented can achieve 
    the estimated potential. Such recommendations shall include options 
    for funding and/or incentives for the development of demand 
    response resources.
        ``(3) The Commission shall further note any barriers to demand 
    response programs offering flexible, non-discriminatory, and fairly 
    compensatory terms for the services and benefits made available, 
    and shall provide recommendations for overcoming such barriers.
        ``(4) The Commission shall seek to take advantage of 
    preexisting research and ongoing work, and shall insure that there 
    is no duplication of effort.
    ``(b) National Action Plan on Demand Response.--The Commission 
shall further develop a National Action Plan on Demand Response, 
soliciting and accepting input and participation from a broad range of 
industry stakeholders, State regulatory utility commissioners, and non-
governmental groups. The Commission shall seek consensus where 
possible, and decide on optimum solutions to issues that defy 
consensus. Such Plan shall be completed within 1 year after the 
completion of the National Assessment of Demand Response, and shall 
meet each of the following objectives:
        ``(1) Identification of requirements for technical assistance 
    to States to allow them to maximize the amount of demand response 
    resources that can be developed and deployed.
        ``(2) Design and identification of requirements for 
    implementation of a national communications program that includes 
    broad-based customer education and support.
        ``(3) Development or identification of analytical tools, 
    information, model regulatory provisions, model contracts, and 
    other support materials for use by customers, States, utilities and 
    demand response providers.
    ``(c) Upon completion, the National Action Plan on Demand Response 
shall be published, together with any favorable and dissenting comments 
submitted by participants in its preparation. Six months after 
publication, the Commission, together with the Secretary of Energy, 
shall submit to Congress a proposal to implement the Action Plan, 
including specific proposed assignments of responsibility, proposed 
budget amounts, and any agreements secured for participation from State 
and other participants.
    ``(d) Authorization.--There are authorized to be appropriated to 
the Commission to carry out this section not more than $10,000,000 for 
each of the fiscal years 2008, 2009, and 2010.''.
    (b) Table of Contents.--The table of contents for the National 
Energy Conservation Policy Act (42 U.S.C. 8201 note) is amended by 
adding after the items relating to part 4 of title V the following:

                     ``Part 5--Peak Demand Reduction

``Sec. 571. National Action Plan for Demand Response.''.

          Subtitle D--Energy Efficiency of Public Institutions

SEC. 531. REAUTHORIZATION OF STATE ENERGY PROGRAMS.

    Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C. 
6325(f)) is amended by striking ``$100,000,000 for each of the fiscal 
years 2006 and 2007 and $125,000,000 for fiscal year 2008'' and 
inserting ``$125,000,000 for each of fiscal years 2007 through 2012''.

SEC. 532. 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;
                ``(v) allowing timely recovery of energy efficiency-
            related costs; and
                ``(vi) offering home energy audits, offering demand 
            response programs, publicizing the financial and 
            environmental benefits associated with making home energy 
            efficiency improvements, and educating homeowners about all 
            existing Federal and State incentives, including the 
            availability of low-cost loans, that make energy efficiency 
            improvements more affordable.''.
    (b) Natural Gas Utilities.--Section 303(b) of the Public Utility 
Regulatory Policies Act of 1978 (15 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.
        For purposes of applying the provisions of this subtitle to 
        this paragraph, any reference in this subtitle to the date of 
        enactment of this Act shall be treated as a reference to the 
        date of enactment of this paragraph.''.
    (c) Conforming Amendment.--Section 303(a) of the Public Utility 
Regulatory Policies Act of 1978 (15 U.S.C. 3203(a)) is amended by 
striking ``and (4)'' inserting ``(4), (5), and (6)''.

      Subtitle E--Energy Efficiency and Conservation Block Grants

SEC. 541. DEFINITIONS.

    In this subtitle:
        (1) Eligible entity.--The term ``eligible entity'' means--
            (A) a State;
            (B) an eligible unit of local government; and
            (C) an Indian tribe.
        (2) Eligible unit of local government.--The term ``eligible 
    unit of local government'' means--
            (A) an eligible unit of local government-alternative 1; and
            (B) an eligible unit of local government-alternative 2.
        (3)(A) Eligible unit of local government-alternative 1.--The 
    term ``eligible unit of local government-alternative 1'' means--
            (i) a city with a population--
                (I) of at least 35,000; or
                (II) that causes the city to be 1 of the 10 highest-
            populated cities of the State in which the city is located; 
            and
            (ii) a county with a population--
                (I) of at least 200,000; or
                (II) that causes the county to be 1 of the 10 highest-
            populated counties of the State in which the county is 
            located.
        (B) Eligible unit of local government-alternative 2.--The term 
    ``eligible unit of local government-alternative 2'' means--
            (i) a city with a population of at least 50,000; or
            (ii) a county with a population of at least 200,000.
        (4) Indian tribe.--The term ``Indian tribe'' has the meaning 
    given the term in section 4 of the Indian Self-Determination and 
    Education Assistance Act (25 U.S.C. 450b).
        (5) Program.--The term ``program'' means the Energy Efficiency 
    and Conservation Block Grant Program established under section 
    542(a).
        (6) 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.

SEC. 542. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM.

    (a) Establishment.--The Secretary shall establish a program, to be 
known as the ``Energy Efficiency and Conservation Block Grant 
Program'', under which the Secretary shall provide grants to eligible 
entities in accordance with this subtitle.
    (b) Purpose.--The purpose of the program shall be to assist 
eligible entities in implementing strategies--
        (1) to reduce fossil fuel emissions created as a result of 
    activities within the jurisdictions of eligible entities in a 
    manner that--
            (A) is environmentally sustainable; and
            (B) to the maximum extent practicable, maximizes benefits 
        for local and regional communities;
        (2) to reduce the total energy use of the eligible entities; 
    and
        (3) to improve energy efficiency in--
            (A) the transportation sector;
            (B) the building sector; and
            (C) other appropriate sectors.

SEC. 543. ALLOCATION OF FUNDS.

    (a) In General.--Of amounts made available to provide grants under 
this subtitle for each fiscal year, the Secretary shall allocate--
        (1) 68 percent to eligible units of local government in 
    accordance with subsection (b);
        (2) 28 percent to States in accordance with subsection (c);
        (3) 2 percent to Indian tribes in accordance with subsection 
    (d); and
        (4) 2 percent for competitive grants under section 546.
    (b) Eligible Units of Local Government.--Of amounts available for 
distribution to eligible units of local government under subsection 
(a)(1), the Secretary shall provide grants to eligible units of local 
government under this section based on a formula established by the 
Secretary according to--
        (1) the populations served by the eligible units of local 
    government, according to the latest available decennial census; and
        (2) the daytime populations of the eligible units of local 
    government and other similar factors (such as square footage of 
    commercial, office, and industrial space), as determined by the 
    Secretary.
    (c) States.--Of amounts available for distribution to States under 
subsection (a)(2), the Secretary shall provide--
        (1) not less than 1.25 percent to each State; and
        (2) the remainder among the States, based on a formula to be 
    established by the Secretary that takes into account--
            (A) the population of each State; and
            (B) any other criteria that the Secretary determines to be 
        appropriate.
    (d) Indian Tribes.--Of amounts available for distribution to Indian 
tribes under subsection (a)(3), the Secretary shall establish a formula 
for allocation of the amounts to Indian tribes, taking into account any 
factors that the Secretary determines to be appropriate.
    (e) Publication of Allocation Formulas.--Not later than 90 days 
before the beginning of each fiscal year for which grants are provided 
under this subtitle, the Secretary shall publish in the Federal 
Register the formulas for allocation established under this section.
    (f) State and Local Advisory Committee.--The Secretary shall 
establish a State and local advisory committee to advise the Secretary 
regarding administration, implementation, and evaluation of the 
program.

SEC. 544. USE OF FUNDS.

    An eligible entity may use a grant received under this subtitle to 
carry out activities to achieve the purposes of the program, 
including--
        (1) development and implementation of an energy efficiency and 
    conservation strategy under section 545(b);
        (2) retaining technical consultant services to assist the 
    eligible entity in the development of such a strategy, including--
            (A) formulation of energy efficiency, energy conservation, 
        and energy usage goals;
            (B) identification of strategies to achieve those goals--
                (i) through efforts to increase energy efficiency and 
            reduce energy consumption; and
                (ii) by encouraging behavioral changes among the 
            population served by the eligible entity;
            (C) development of methods to measure progress in achieving 
        the goals;
            (D) development and publication of annual reports to the 
        population served by the eligible entity describing--
                (i) the strategies and goals; and
                (ii) the progress made in achieving the strategies and 
            goals during the preceding calendar year; and
            (E) other services to assist in the implementation of the 
        energy efficiency and conservation strategy;
        (3) conducting residential and commercial building energy 
    audits;
        (4) establishment of financial incentive programs for energy 
    efficiency improvements;
        (5) the provision of grants to nonprofit organizations and 
    governmental agencies for the purpose of performing energy 
    efficiency retrofits;
        (6) development and implementation of energy efficiency and 
    conservation programs for buildings and facilities within the 
    jurisdiction of the eligible entity, including--
            (A) design and operation of the programs;
            (B) identifying the most effective methods for achieving 
        maximum participation and efficiency rates;
            (C) public education;
            (D) measurement and verification protocols; and
            (E) identification of energy efficient technologies;
        (7) development and implementation of programs to conserve 
    energy used in transportation, including--
            (A) use of flex time by employers;
            (B) satellite work centers;
            (C) development and promotion of zoning guidelines or 
        requirements that promote energy efficient development;
            (D) development of infrastructure, such as bike lanes and 
        pathways and pedestrian walkways;
            (E) synchronization of traffic signals; and
            (F) other measures that increase energy efficiency and 
        decrease energy consumption;
        (8) development and implementation of building codes and 
    inspection services to promote building energy efficiency;
        (9) application and implementation of energy distribution 
    technologies that significantly increase energy efficiency, 
    including--
            (A) distributed resources; and
            (B) district heating and cooling systems;
        (10) activities to increase participation and efficiency rates 
    for material conservation programs, including source reduction, 
    recycling, and recycled content procurement programs that lead to 
    increases in energy efficiency;
        (11) the purchase and implementation of technologies to reduce, 
    capture, and, to the maximum extent practicable, use methane and 
    other greenhouse gases generated by landfills or similar sources;
        (12) replacement of traffic signals and street lighting with 
    energy efficient lighting technologies, including--
            (A) light emitting diodes; and
            (B) any other technology of equal or greater energy 
        efficiency;
        (13) development, implementation, and installation on or in any 
    government building of the eligible entity of onsite renewable 
    energy technology that generates electricity from renewable 
    resources, including--
            (A) solar energy;
            (B) wind energy;
            (C) fuel cells; and
            (D) biomass; and
        (14) any other appropriate activity, as determined by the 
    Secretary, in consultation with--
            (A) the Administrator of the Environmental Protection 
        Agency;
            (B) the Secretary of Transportation; and
            (C) the Secretary of Housing and Urban Development.

SEC. 545. REQUIREMENTS FOR ELIGIBLE ENTITIES.

    (a) Construction Requirement.--
        (1) In general.--To be eligible to receive a grant under the 
    program, each eligible applicant shall submit to the Secretary a 
    written assurance that all laborers and mechanics employed by any 
    contractor or subcontractor of the eligible entity during any 
    construction, alteration, or repair activity funded, in whole or in 
    part, by the grant shall be paid wages at rates not less than the 
    prevailing wages for similar construction activities in the 
    locality, as determined by the Secretary of Labor, in accordance 
    with sections 3141 through 3144, 3146, and 3147 of title 40, United 
    States Code.
        (2) Secretary of labor.--With respect to the labor standards 
    referred to in paragraph (1), the Secretary of Labor shall have the 
    authority and functions described in--
            (A) Reorganization Plan Numbered 14 of 1950 (5 U.S.C. 903 
        note); and
            (B) section 3145 of title 40, United States Code.
    (b) Eligible Units of Local Government and Indian Tribes.--
        (1) Proposed strategy.--
            (A) In general.--Not later than 1 year after the date on 
        which an eligible unit of local government or Indian tribe 
        receives a grant under this subtitle, the eligible unit of 
        local government or Indian tribe shall submit to the Secretary 
        a proposed energy efficiency and conservation strategy in 
        accordance with this paragraph.
            (B) Inclusions.--The proposed strategy under subparagraph 
        (A) shall include--
                (i) a description of the goals of the eligible unit of 
            local government or Indian tribe, in accordance with the 
            purposes of this subtitle, for increased energy efficiency 
            and conservation in the jurisdiction of the eligible unit 
            of local government or Indian tribe; and
                (ii) a plan for the use of the grant to assist the 
            eligible unit of local government or Indian tribe in 
            achieving those goals, in accordance with section 544.
            (C) Requirements for eligible units of local government.--
        In developing the strategy under subparagraph (A), an eligible 
        unit of local government shall--
                (i) take into account any plans for the use of funds by 
            adjacent eligible units of local governments that receive 
            grants under the program; and
                (ii) coordinate and share information with the State in 
            which the eligible unit of local government is located 
            regarding activities carried out using the grant to 
            maximize the energy efficiency and conservation benefits 
            under this subtitle.
        (2) Approval by secretary.--
            (A) In general.--The Secretary shall approve or disapprove 
        a proposed strategy under paragraph (1) by not later than 120 
        days after the date of submission of the proposed strategy.
            (B) Disapproval.--If the Secretary disapproves a proposed 
        strategy under subparagraph (A)--
                (i) the Secretary shall provide to the eligible unit of 
            local government or Indian tribe the reasons for the 
            disapproval; and
                (ii) the eligible unit of local government or Indian 
            tribe may revise and resubmit the proposed strategy as many 
            times as necessary until the Secretary approves a proposed 
            strategy.
            (C) Requirement.--The Secretary shall not provide to an 
        eligible unit of local government or Indian tribe any grant 
        under the program until a proposed strategy of the eligible 
        unit of local government or Indian tribe is approved by the 
        Secretary under this paragraph.
        (3) Limitations on use of funds.--Of amounts provided to an 
    eligible unit of local government or Indian tribe under the 
    program, an eligible unit of local government or Indian tribe may 
    use--
            (A) for administrative expenses, excluding the cost of 
        meeting the reporting requirements of this subtitle, an amount 
        equal to the greater of--
                (i) 10 percent; and
                (ii) $75,000;
            (B) for the establishment of revolving loan funds, an 
        amount equal to the greater of--
                (i) 20 percent; and
                (ii) $250,000; and
            (C) for the provision of subgrants to nongovernmental 
        organizations for the purpose of assisting in the 
        implementation of the energy efficiency and conservation 
        strategy of the eligible unit of local government or Indian 
        tribe, an amount equal to the greater of--
                (i) 20 percent; and
                (ii) $250,000.
        (4) Annual report.--Not later than 2 years after the date on 
    which funds are initially provided to an eligible unit of local 
    government or Indian tribe under the program, and annually 
    thereafter, the eligible unit of local government or Indian tribe 
    shall submit to the Secretary a report describing--
            (A) the status of development and implementation of the 
        energy efficiency and conservation strategy of the eligible 
        unit of local government or Indian tribe; and
            (B) as practicable, an assessment of energy efficiency 
        gains within the jurisdiction of the eligible unit of local 
        government or Indian tribe.
    (c) States.--
        (1) Distribution of funds.--
            (A) In general.--A State that receives a grant under the 
        program shall use not less than 60 percent of the amount 
        received to provide subgrants to units of local government in 
        the State that are not eligible units of local government.
            (B) Deadline.--The State shall provide the subgrants 
        required under subparagraph (A) by not later than 180 days 
        after the date on which the Secretary approves a proposed 
        energy efficiency and conservation strategy of the State under 
        paragraph (3).
        (2) Revision of conservation plan; proposed strategy.--Not 
    later than 120 days after the date of enactment of this Act, each 
    State shall--
            (A) modify the State energy conservation plan of the State 
        under section 362 of the Energy Policy and Conservation Act (42 
        U.S.C. 6322) to establish additional goals for increased energy 
        efficiency and conservation in the State; and
            (B) submit to the Secretary a proposed energy efficiency 
        and conservation strategy that--
                (i) establishes a process for providing subgrants as 
            required under paragraph (1); and
                (ii) includes a plan of the State for the use of funds 
            received under the program to assist the State in achieving 
            the goals established under subparagraph (A), in accordance 
            with sections 542(b) and 544.
        (3) Approval by secretary.--
            (A) In general.--The Secretary shall approve or disapprove 
        a proposed strategy under paragraph (2)(B) by not later than 
        120 days after the date of submission of the proposed strategy.
            (B) Disapproval.--If the Secretary disapproves a proposed 
        strategy under subparagraph (A)--
                (i) the Secretary shall provide to the State the 
            reasons for the disapproval; and
                (ii) the State may revise and resubmit the proposed 
            strategy as many times as necessary until the Secretary 
            approves a proposed strategy.
            (C) Requirement.--The Secretary shall not provide to a 
        State any grant under the program until a proposed strategy of 
        the State is approved by the Secretary under this paragraph.
        (4) Limitations on use of funds.--A State may use not more than 
    10 percent of amounts provided under the program for administrative 
    expenses.
        (5) Annual reports.--Each State that receives a grant under the 
    program shall submit to the Secretary an annual report that 
    describes--
            (A) the status of development and implementation of the 
        energy efficiency and conservation strategy of the State during 
        the preceding calendar year;
            (B) the status of the subgrant program of the State under 
        paragraph (1);
            (C) the energy efficiency gains achieved through the energy 
        efficiency and conservation strategy of the State during the 
        preceding calendar year; and
            (D) specific energy efficiency and conservation goals of 
        the State for subsequent calendar years.

SEC. 546. COMPETITIVE GRANTS.

    (a) In General.--Of the total amount made available for each fiscal 
year to carry out this subtitle, the Secretary shall use not less than 
2 percent to provide grants under this section, on a competitive basis, 
to--
        (1) units of local government (including Indian tribes) that 
    are not eligible entities; and
        (2) consortia of units of local government described in 
    paragraph (1).
    (b) Applications.--To be eligible to receive a grant under this 
section, a unit of local government or consortia shall submit to the 
Secretary an application at such time, in such manner, and containing 
such information as the Secretary may require, including a plan of the 
unit of local government to carry out an activity described in section 
544.
    (c) Priority.--In providing grants under this section, the 
Secretary shall give priority to units of local government--
        (1) located in States with populations of less than 2,000,000; 
    or
        (2) that plan to carry out projects that would result in 
    significant energy efficiency improvements or reductions in fossil 
    fuel use.

SEC. 547. REVIEW AND EVALUATION.

    (a) In General.--The Secretary may review and evaluate the 
performance of any eligible entity that receives a grant under the 
program, including by conducting an audit, as the Secretary determines 
to be appropriate.
    (b) Withholding of Funds.--The Secretary may withhold from an 
eligible entity any portion of a grant to be provided to the eligible 
entity under the program if the Secretary determines that the eligible 
entity has failed to achieve compliance with--
        (1) any applicable guideline or regulation of the Secretary 
    relating to the program, including the misuse or misappropriation 
    of funds provided under the program; or
        (2) the energy efficiency and conservation strategy of the 
    eligible entity.

SEC. 548. FUNDING.

    (a) Authorization of Appropriations.--
        (1) Grants.--There is authorized to be appropriated to the 
    Secretary for the provision of grants under the program 
    $2,000,000,000 for each of fiscal years 2008 through 2012; provided 
    that 49 percent of the appropriated funds shall be distributed 
    using the definition of eligible unit of local government-
    alternative 1 in section 541(3)(A) and 49 percent of the 
    appropriated funds shall be distributed using the definition of 
    eligible unit of local government-alternative 2 in section 
    541(3)(B).
        (2) Administrative costs.--There are authorized to be 
    appropriated to the Secretary for administrative expenses of the 
    program--
            (A) $20,000,000 for each of fiscal years 2008 and 2009;
            (B) $25,000,000 for each of fiscal years 2010 and 2011; and
            (C) $30,000,000 for fiscal year 2012.
    (b) Maintenance of Funding.--The funding provided under this 
section shall supplement (and not supplant) other Federal funding 
provided under--
        (1) a State energy conservation plan established under part D 
    of title III of the Energy Policy and Conservation Act (42 U.S.C. 
    6321 et seq.); or
        (2) the Weatherization Assistance Program for Low-Income 
    Persons established under part A of title IV of the Energy 
    Conservation and Production Act (42 U.S.C. 6861 et seq.).

             TITLE VI--ACCELERATED RESEARCH AND DEVELOPMENT
                        Subtitle A--Solar Energy

SEC. 601. SHORT TITLE.

    This subtitle may be cited as the ``Solar Energy Research and 
Advancement Act of 2007''.

SEC. 602. THERMAL ENERGY STORAGE RESEARCH AND DEVELOPMENT PROGRAM.

    (a) Establishment.--The Secretary shall establish a program of 
research and development to provide lower cost and more viable thermal 
energy storage technologies to enable the shifting of electric power 
loads on demand and extend the operating time of concentrating solar 
power electric generating plants.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for carrying out this section $5,000,000 
for fiscal year 2008, $7,000,000 for fiscal year 2009, $9,000,000 for 
fiscal year 2010, $10,000,000 for fiscal year 2011, and $12,000,000 for 
fiscal year 2012.

SEC. 603. CONCENTRATING SOLAR POWER COMMERCIAL APPLICATION STUDIES.

    (a) Integration.--The Secretary shall conduct a study on methods to 
integrate concentrating solar power and utility-scale photovoltaic 
systems into regional electricity transmission systems, and to identify 
new transmission or transmission upgrades needed to bring electricity 
from high concentrating solar power resource areas to growing electric 
power load centers throughout the United States. The study shall 
analyze and assess cost-effective approaches for management and large-
scale integration of concentrating solar power and utility-scale 
photovoltaic systems into regional electric transmission grids to 
improve electric reliability, to efficiently manage load, and to reduce 
demand on the natural gas transmission system for electric power. The 
Secretary shall submit a report to Congress on the results of this 
study not later than 12 months after the date of enactment of this Act.
    (b) Water Consumption.--Not later than 6 months after the date of 
the enactment of this Act, the Secretary of Energy shall transmit to 
Congress a report on the results of a study on methods to reduce the 
amount of water consumed by concentrating solar power systems.

SEC. 604. SOLAR ENERGY CURRICULUM DEVELOPMENT AND CERTIFICATION GRANTS.

    (a) Establishment.--The Secretary shall establish in the Office of 
Solar Energy Technologies a competitive grant program to create and 
strengthen solar industry workforce training and internship programs in 
installation, operation, and maintenance of solar energy products. The 
goal of this program is to ensure a supply of well-trained individuals 
to support the expansion of the solar energy industry.
    (b) Authorized Activities.--Grant funds may be used to support the 
following activities:
        (1) Creation and development of a solar energy curriculum 
    appropriate for the local educational, entrepreneurial, and 
    environmental conditions, including curriculum for community 
    colleges.
        (2) Support of certification programs for individual solar 
    energy system installers, instructors, and training programs.
        (3) Internship programs that provide hands-on participation by 
    students in commercial applications.
        (4) Activities required to obtain certification of training 
    programs and facilities by an industry-accepted quality-control 
    certification program.
        (5) Incorporation of solar-specific learning modules into 
    traditional occupational training and internship programs for 
    construction-related trades.
        (6) The purchase of equipment necessary to carry out activities 
    under this section.
        (7) Support of programs that provide guidance and updates to 
    solar energy curriculum instructors.
    (c) Administration of Grants.--Grants may be awarded under this 
section for up to 3 years. The Secretary shall award grants to ensure 
sufficient geographic distribution of training programs nationally. 
Grants shall only be awarded for programs certified by an industry-
accepted quality-control certification institution, or for new and 
growing programs with a credible path to certification. Due 
consideration shall be given to women, underrepresented minorities, and 
persons with disabilities.
    (d) Report.--The Secretary shall make public, on the website of the 
Department or upon request, information on the name and institution for 
all grants awarded under this section, including a brief description of 
the project as well as the grant award amount.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for carrying out this section $10,000,000 
for each of the fiscal years 2008 through 2012.

SEC. 605. DAYLIGHTING SYSTEMS AND DIRECT SOLAR LIGHT PIPE TECHNOLOGY.

    (a) Establishment.--The Secretary shall establish a program of 
research and development to provide assistance in the demonstration and 
commercial application of direct solar renewable energy sources to 
provide alternatives to traditional power generation for lighting and 
illumination, including light pipe technology, and to promote greater 
energy conservation and improved efficiency. All direct solar renewable 
energy devices supported under this program shall have the capability 
to provide measurable data on the amount of kilowatt-hours saved over 
the traditionally powered light sources they have replaced.
    (b) Reporting.--The Secretary shall transmit to Congress an annual 
report assessing the measurable data derived from each project in the 
direct solar renewable energy sources program and the energy savings 
resulting from its use.
    (c) Definitions.--For purposes of this section--
        (1) the term ``direct solar renewable energy'' means energy 
    from a device that converts sunlight into useable light within a 
    building, tunnel, or other enclosed structure, replacing artificial 
    light generated by a light fixture and doing so without the 
    conversion of the sunlight into another form of energy; and
        (2) the term ``light pipe'' means a device designed to 
    transport visible solar radiation from its collection point to the 
    interior of a building while excluding interior heat gain in the 
    nonheating season.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for carrying out this section $3,500,000 
for each of the fiscal years 2008 through 2012.

SEC. 606. SOLAR AIR CONDITIONING RESEARCH AND DEVELOPMENT PROGRAM.

    (a) Establishment.--The Secretary shall establish a research, 
development, and demonstration program to promote less costly and more 
reliable decentralized distributed solar-powered air conditioning for 
individuals and businesses.
    (b) Authorized Activities.--Grants made available under this 
section may be used to support the following activities:
        (1) Advancing solar thermal collectors, including concentrating 
    solar thermal and electric systems, flat plate and evacuated tube 
    collector performance.
        (2) Achieving technical and economic integration of solar-
    powered distributed air-conditioning systems with existing hot 
    water and storage systems for residential applications.
        (3) Designing and demonstrating mass manufacturing capability 
    to reduce costs of modular standardized solar-powered distributed 
    air conditioning systems and components.
        (4) Improving the efficiency of solar-powered distributed air-
    conditioning to increase the effectiveness of solar-powered 
    absorption chillers, solar-driven compressors and condensors, and 
    cost-effective precooling approaches.
        (5) Researching and comparing performance of solar-powered 
    distributed air conditioning systems in different regions of the 
    country, including potential integration with other onsite systems, 
    such as solar, biogas, geothermal heat pumps, and propane assist or 
    combined propane fuel cells, with a goal to develop site-specific 
    energy production and management systems that ease fuel and peak 
    utility loading.
    (c) 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.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for carrying out this section $2,500,000 
for each of the fiscal years 2008 through 2012.

SEC. 607. PHOTOVOLTAIC DEMONSTRATION PROGRAM.

    (a) In General.--The Secretary shall establish a program of grants 
to States to demonstrate advanced photovoltaic technology.
    (b) Requirements.--
        (1) Ability to meet requirements.--To receive funding under the 
    program under this section, a State must submit a proposal that 
    demonstrates, to the satisfaction of the Secretary, that the State 
    will meet the requirements of subsection (f).
        (2) Compliance with requirements.--If a State has received 
    funding under this section for the preceding year, the State must 
    demonstrate, to the satisfaction of the Secretary, that it complied 
    with the requirements of subsection (f) in carrying out the program 
    during that preceding year, and that it will do so in the future, 
    before it can receive further funding under this section.
    (c) Competition.--The Secretary shall award grants on a competitive 
basis to the States with the proposals the Secretary considers most 
likely to encourage the widespread adoption of photovoltaic 
technologies. The Secretary shall take into consideration the 
geographic distribution of awards.
    (d) Proposals.--Not later than 6 months after the date of enactment 
of this Act, and in each subsequent fiscal year for the life of the 
program, the Secretary shall solicit proposals from the States to 
participate in the program under this section.
    (e) Competitive Criteria.--In awarding funds in a competitive 
allocation under subsection (c), the Secretary shall consider--
        (1) the likelihood of a proposal to encourage the demonstration 
    of, or lower the costs of, advanced photovoltaic technologies; and
        (2) the extent to which a proposal is likely to--
            (A) maximize the amount of photovoltaics demonstrated;
            (B) maximize the proportion of non-Federal cost share; and
            (C) limit State administrative costs.
    (f) State Program.--A program operated by a State with funding 
under this section shall provide competitive awards for the 
demonstration of advanced photovoltaic technologies. Each State program 
shall--
        (1) require a contribution of at least 60 percent per award 
    from non-Federal sources, which may include any combination of 
    State, local, and private funds, except that at least 10 percent of 
    the funding must be supplied by the State;
        (2) endeavor to fund recipients in the commercial, industrial, 
    institutional, governmental, and residential sectors;
        (3) limit State administrative costs to no more than 10 percent 
    of the grant;
        (4) report annually to the Secretary on--
            (A) the amount of funds disbursed;
            (B) the amount of photovoltaics purchased; and
            (C) the results of the monitoring under paragraph (5);
        (5) provide for measurement and verification of the output of a 
    representative sample of the photovoltaics systems demonstrated 
    throughout the average working life of the systems, or at least 20 
    years; and
        (6) require that applicant buildings must have received an 
    independent energy efficiency audit during the 6-month period 
    preceding the filing of the application.
    (g) Unexpended Funds.--If a State fails to expend any funds 
received under this section within 3 years of receipt, such remaining 
funds shall be returned to the Treasury.
    (h) Reports.--The Secretary shall report to Congress 5 years after 
funds are first distributed to the States under this section--
        (1) the amount of photovoltaics demonstrated;
        (2) the number of projects undertaken;
        (3) the administrative costs of the program;
        (4) the results of the monitoring under subsection (f)(5); and
        (5) the total amount of funds distributed, including a 
    breakdown by State.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for the purposes of carrying out this 
section--
        (1) $15,000,000 for fiscal year 2008;
        (2) $30,000,000 for fiscal year 2009;
        (3) $45,000,000 for fiscal year 2010;
        (4) $60,000,000 for fiscal year 2011; and
        (5) $70,000,000 for fiscal year 2012.

                     Subtitle B--Geothermal Energy

SEC. 611. SHORT TITLE.

    This subtitle may be cited as the ``Advanced Geothermal Energy 
Research and Development Act of 2007''.

SEC. 612. DEFINITIONS.

    For purposes of this subtitle:
        (1) Engineered.--When referring to enhanced geothermal systems, 
    the term ``engineered'' means subjected to intervention, including 
    intervention to address one or more of the following issues:
            (A) Lack of effective permeability or porosity or open 
        fracture connectivity within the reservoir.
            (B) Insufficient contained geofluid in the reservoir.
            (C) A low average geothermal gradient, which necessitates 
        deeper drilling.
        (2) Enhanced geothermal systems.--The term ``enhanced 
    geothermal systems'' means geothermal reservoir systems that are 
    engineered, as opposed to occurring naturally.
        (3) Geofluid.--The term ``geofluid'' means any fluid used to 
    extract thermal energy from the Earth which is transported to the 
    surface for direct use or electric power generation, except that 
    such term shall not include oil or natural gas.
        (4) Geopressured resources.--The term ``geopressured 
    resources'' mean geothermal deposits found in sedimentary rocks 
    under higher than normal pressure and saturated with gas or 
    methane.
        (5) Geothermal.--The term ``geothermal'' refers to heat energy 
    stored in the Earth's crust that can be accessed for direct use or 
    electric power generation.
        (6) Hydrothermal.--The term ``hydrothermal'' refers to 
    naturally occurring subsurface reservoirs of hot water or steam.
        (7) Systems approach.--The term ``systems approach'' means an 
    approach to solving problems or designing systems that attempts to 
    optimize the performance of the overall system, rather than a 
    particular component of the system.

SEC. 613. HYDROTHERMAL RESEARCH AND DEVELOPMENT.

    (a) In General.--The Secretary shall support programs of research, 
development, demonstration, and commercial application to expand the 
use of geothermal energy production from hydrothermal systems, 
including the programs described in subsection (b).
    (b) Programs.--
        (1) Advanced hydrothermal resource tools.--The Secretary, in 
    consultation with other appropriate agencies, shall support a 
    program to develop advanced geophysical, geochemical, and geologic 
    tools to assist in locating hidden hydrothermal resources, and to 
    increase the reliability of site characterization before, during, 
    and after initial drilling. The program shall develop new 
    prospecting techniques to assist in prioritization of targets for 
    characterization. The program shall include a field component.
        (2) Industry coupled exploratory drilling.--The Secretary shall 
    support a program of cost-shared field demonstration programs, to 
    be pursued, simultaneously and independently, in collaboration with 
    industry partners, for the demonstration of advanced technologies 
    and techniques of siting and exploratory drilling for undiscovered 
    resources in a variety of geologic settings. The program shall 
    include incentives to encourage the use of advanced technologies 
    and techniques.

SEC. 614. GENERAL GEOTHERMAL SYSTEMS RESEARCH AND DEVELOPMENT.

    (a) Subsurface Components and Systems.--The Secretary shall support 
a program of research, development, demonstration, and commercial 
application of components and systems capable of withstanding extreme 
geothermal environments and necessary to cost-effectively develop, 
produce, and monitor geothermal reservoirs and produce geothermal 
energy. These components and systems shall include advanced casing 
systems (expandable tubular casing, low-clearance casing designs, and 
others), high-temperature cements, high-temperature submersible pumps, 
and high-temperature packers, as well as technologies for under-
reaming, multilateral completions, high-temperature and high-pressure 
logging, logging while drilling, deep fracture stimulation, and 
reservoir system diagnostics.
    (b) Reservoir Performance Modeling.--The Secretary shall support a 
program of research, development, demonstration, and commercial 
application of models of geothermal reservoir performance, with an 
emphasis on accurately modeling performance over time. Models shall be 
developed to assist both in the development of geothermal reservoirs 
and to more accurately account for stress-related effects in stimulated 
hydrothermal and enhanced geothermal systems production environments.
    (c) Environmental Impacts.--The Secretary shall--
        (1) support a program of research, development, demonstration, 
    and commercial application of technologies and practices designed 
    to mitigate or preclude potential adverse environmental impacts of 
    geothermal energy development, production or use, and seek to 
    ensure that geothermal energy development is consistent with the 
    highest practicable standards of environmental stewardship;
        (2) in conjunction with the Assistant Administrator for 
    Research and Development at the Environmental Protection Agency, 
    support a research program to identify potential environmental 
    impacts of geothermal energy development, production, and use, and 
    ensure that the program described in paragraph (1) addresses such 
    impacts, including effects on groundwater and local hydrology; and
        (3) support a program of research to compare the potential 
    environmental impacts identified as part of the development, 
    production, and use of geothermal energy with the potential 
    emission reductions of greenhouse gases gained by geothermal energy 
    development, production, and use.

SEC. 615. ENHANCED GEOTHERMAL SYSTEMS RESEARCH AND DEVELOPMENT.

    (a) In General.--The Secretary shall support a program of research, 
development, demonstration, and commercial application for enhanced 
geothermal systems, including the programs described in subsection (b).
    (b) Programs.--
        (1) Enhanced geothermal systems technologies.--The Secretary 
    shall support a program of research, development, demonstration, 
    and commercial application of the technologies and knowledge 
    necessary for enhanced geothermal systems to advance to a state of 
    commercial readiness, including advances in--
            (A) reservoir stimulation;
            (B) reservoir characterization, monitoring, and modeling;
            (C) stress mapping;
            (D) tracer development;
            (E) three-dimensional tomography; and
            (F) understanding seismic effects of reservoir engineering 
        and stimulation.
        (2) Enhanced geothermal systems reservoir stimulation.--
            (A) Program.--In collaboration with industry partners, the 
        Secretary shall support a program of research, development, and 
        demonstration of enhanced geothermal systems reservoir 
        stimulation technologies and techniques. A minimum of 4 sites 
        shall be selected in locations that show particular promise for 
        enhanced geothermal systems development. Each site shall--
                (i) represent a different class of subsurface geologic 
            environments; and
                (ii) take advantage of an existing site where 
            subsurface characterization has been conducted or existing 
            drill holes can be utilized, if possible.
            (B) Consideration of existing site.--The Desert Peak, 
        Nevada, site, where a Department of Energy and industry 
        cooperative enhanced geothermal systems project is already 
        underway, may be considered for inclusion among the sites 
        selected under subparagraph (A).

SEC. 616. GEOTHERMAL ENERGY PRODUCTION FROM OIL AND GAS FIELDS AND 
              RECOVERY AND PRODUCTION OF GEOPRESSURED GAS RESOURCES.

    (a) In General.--The Secretary shall establish a program of 
research, development, demonstration, and commercial application to 
support development of geothermal energy production from oil and gas 
fields and production and recovery of energy, including electricity, 
from geopressured resources. In addition, the Secretary shall conduct 
such supporting activities including research, resource 
characterization, and technology development as necessary.
    (b) Geothermal Energy Production From Oil and Gas Fields.--The 
Secretary shall implement a grant program in support of geothermal 
energy production from oil and gas fields. The program shall include 
grants for a total of not less than three demonstration projects of the 
use of geothermal techniques such as advanced organic rankine cycle 
systems at marginal, unproductive, and productive oil and gas wells. 
The Secretary shall, to the extent practicable and in the public 
interest, make awards that--
        (1) include not less than five oil or gas well sites per 
    project award;
        (2) use a range of oil or gas well hot water source 
    temperatures from 150 degrees Fahrenheit to 300 degrees Fahrenheit;
        (3) cover a range of sizes up to one megawatt;
        (4) are located at a range of sites;
        (5) can be replicated at a wide range of sites;
        (6) facilitate identification of optimum techniques among 
    competing alternatives;
        (7) include business commercialization plans that have the 
    potential for production of equipment at high volumes and operation 
    and support at a large number of sites; and
        (8) satisfy other criteria that the Secretary determines are 
    necessary to carry out the program and collect necessary data and 
    information.
The Secretary shall give preference to assessments that address 
multiple elements contained in paragraphs (1) through (8).
    (c) Grant Awards.--Each grant award for demonstration of geothermal 
technology such as advanced organic rankine cycle systems at oil and 
gas wells made by the Secretary under subsection (b) shall include--
        (1) necessary and appropriate site engineering study;
        (2) detailed economic assessment of site specific conditions;
        (3) appropriate feasibility studies to determine whether the 
    demonstration can be replicated;
        (4) design or adaptation of existing technology for site 
    specific circumstances or conditions;
        (5) installation of equipment, service, and support;
        (6) operation for a minimum of 1 year and monitoring for the 
    duration of the demonstration; and
        (7) validation of technical and economic assumptions and 
    documentation of lessons learned.
    (d) Geopressured Gas Resource Recovery and Production.--(1) The 
Secretary shall implement a program to support the research, 
development, demonstration, and commercial application of cost-
effective techniques to produce energy from geopressured resources.
    (2) The Secretary shall solicit preliminary engineering designs for 
geopressured resources production and recovery facilities.
    (3) Based upon a review of the preliminary designs, the Secretary 
shall award grants, which may be cost-shared, to support the detailed 
development and completion of engineering, architectural and technical 
plans needed to support construction of new designs.
    (4) Based upon a review of the final design plans above, the 
Secretary shall award cost-shared development and construction grants 
for demonstration geopressured production facilities that show 
potential for economic recovery of the heat, kinetic energy and gas 
resources from geopressured resources.
    (e) Competitive Grant Selection.--Not less than 90 days after the 
date of the enactment of this Act, the Secretary shall conduct a 
national solicitation for applications for grants under the programs 
outlined in subsections (b) and (d). Grant recipients shall be selected 
on a competitive basis based on criteria in the respective subsection.
    (f) Well Drilling.--No funds may be used under this section for the 
purpose of drilling new wells.

SEC. 617. COST SHARING AND PROPOSAL EVALUATION.

    (a) Federal Share.--The Federal share of costs of projects funded 
under this subtitle shall be in accordance with section 988 of the 
Energy Policy Act of 2005.
    (b) Organization and Administration of Programs.--Programs under 
this subtitle shall incorporate the following elements:
        (1) The Secretary shall coordinate with, and where appropriate 
    may provide funds in furtherance of the purposes of this subtitle 
    to, other Department of Energy research and development programs 
    focused on drilling, subsurface characterization, and other related 
    technologies.
        (2) In evaluating proposals, the Secretary shall give priority 
    to proposals that demonstrate clear evidence of employing a systems 
    approach.
        (3) The Secretary shall coordinate and consult with the 
    appropriate Federal land management agencies in selecting proposals 
    for funding under this subtitle.
        (4) Nothing in this subtitle shall be construed to alter or 
    affect any law relating to the management or protection of Federal 
    lands.

SEC. 618. CENTER FOR GEOTHERMAL TECHNOLOGY TRANSFER.

    (a) In General.--The Secretary shall award to an institution of 
higher education (or consortium thereof) a grant to establish a Center 
for Geothermal Technology Transfer (referred to in this section as the 
``Center'').
    (b) Duties.--The Center shall--
        (1) serve as an information clearinghouse for the geothermal 
    industry by collecting and disseminating information on best 
    practices in all areas relating to developing and utilizing 
    geothermal resources;
        (2) make data collected by the Center available to the public; 
    and
        (3) seek opportunities to coordinate efforts and share 
    information with domestic and international partners engaged in 
    research and development of geothermal systems and related 
    technology.
    (c) Selection Criteria.--In awarding the grant under subsection (a) 
the Secretary shall select an institution of higher education (or 
consortium thereof) best suited to provide national leadership on 
geothermal related issues and perform the duties enumerated under 
subsection (b).
    (d) Duration of Grant.--A grant made under subsection (a)--
        (1) shall be for an initial period of 5 years; and
        (2) may be renewed for additional 5-year periods on the basis 
    of--
            (A) satisfactory performance in meeting the duties outlined 
        in subsection (b); and
            (B) any other requirements specified by the Secretary.

SEC. 619. GEOPOWERING AMERICA.

    The Secretary shall expand the Department of Energy's GeoPowering 
the West program to extend its geothermal technology transfer 
activities throughout the entire United States. The program shall be 
renamed ``GeoPowering America''. The program shall continue to be based 
in the Department of Energy office in Golden, Colorado.

SEC. 620. EDUCATIONAL PILOT PROGRAM.

    The Secretary shall seek to award grant funding, on a competitive 
basis, to an institution of higher education for a geothermal-powered 
energy generation facility on the institution's campus. The purpose of 
the facility shall be to provide electricity and space heating. The 
facility shall also serve as an educational resource to students in 
relevant fields of study, and the data generated by the facility shall 
be available to students and the general public. The total funding 
award shall not exceed $2,000,000.

SEC. 621. REPORTS.

    (a) Reports on Advanced Uses of Geothermal Energy.--Not later than 
3 years and 5 years after the date of enactment of this Act, the 
Secretary shall report to the Committee on Science and Technology of 
the House of Representatives and the Committee on Energy and Natural 
Resources of the Senate on advanced concepts and technologies to 
maximize the geothermal resource potential of the United States. The 
reports shall include--
        (1) the use of carbon dioxide as an alternative geofluid with 
    potential carbon sequestration benefits;
        (2) mineral recovery from geofluids;
        (3) use of geothermal energy to produce hydrogen;
        (4) use of geothermal energy to produce biofuels;
        (5) use of geothermal heat for oil recovery from oil shales and 
    tar sands; and
        (6) other advanced geothermal technologies, including advanced 
    drilling technologies and advanced power conversion technologies.
    (b) Progress Reports.--(1) Not later than 36 months after the date 
of enactment of this Act, the Secretary shall submit to the Committee 
on Science and Technology of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate an interim 
report describing the progress made under this subtitle. At the end of 
60 months, the Secretary shall submit to Congress a report on the 
results of projects undertaken under this subtitle and other such 
information the Secretary considers appropriate.
    (2) As necessary, the Secretary shall report to the Congress on any 
legal, regulatory, or other barriers encountered that hinder economic 
development of these resources, and provide recommendations on 
legislative or other actions needed to address such impediments.

SEC. 622. APPLICABILITY OF OTHER LAWS.

    Nothing in this subtitle shall be construed as waiving, modifying, 
or superseding the applicability of any requirement under any 
environmental or other Federal or State law. To the extent that 
activities authorized in this subtitle take place in coastal and ocean 
areas, the Secretary shall consult with the Secretary of Commerce, 
acting through the Under Secretary of Commerce for Oceans and 
Atmosphere, regarding the potential marine environmental impacts and 
measures to address such impacts.

SEC. 623. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary to carry 
out this subtitle $90,000,000 for each of the fiscal years 2008 through 
2012, of which $10,000,000 for each fiscal year shall be for carrying 
out section 616. There are also authorized to be appropriated to the 
Secretary for the Intermountain West Geothermal Consortium $5,000,000 
for each of the fiscal years 2008 through 2012.

SEC. 624. INTERNATIONAL GEOTHERMAL ENERGY DEVELOPMENT.

    (a) In General.--The Secretary of Energy, in coordination with 
other appropriate Federal and multilateral agencies (including the 
United States Agency for International Development) shall support 
international collaborative efforts to promote the research, 
development, and deployment of geothermal technologies used to develop 
hydrothermal and enhanced geothermal system resources, including as 
partners (as appropriate) the African Rift Geothermal Development 
Facility, Australia, China, France, the Republic of Iceland, India, 
Japan, and the United Kingdom.
    (b) United States Trade and Development Agency.--The Director of 
the United States Trade and Development Agency may--
        (1) encourage participation by United States firms in actions 
    taken to carry out subsection (a); and
        (2) provide grants and other financial support for feasibility 
    and resource assessment studies conducted in, or intended to 
    benefit, less developed countries.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2008 through 2012.

SEC. 625. HIGH COST REGION GEOTHERMAL ENERGY GRANT PROGRAM.

    (a) Definitions.--In this section:
        (1) Eligible entity.--The term ``eligible entity'' means--
            (A) a utility;
            (B) an electric cooperative;
            (C) a State;
            (D) a political subdivision of a State;
            (E) an Indian tribe; or
            (F) a Native corporation.
        (2) High-cost region.--The term ``high-cost region'' means a 
    region in which the average cost of electrical power exceeds 150 
    percent of the national average retail cost, as determined by the 
    Secretary.
    (b) Program.--The Secretary shall use amounts made available to 
carry out this section to make grants to eligible entities for 
activities described in subsection (c).
    (c) Eligible Activities.--An eligible entity may use grant funds 
under this section, with respect to a geothermal energy project in a 
high-cost region, only--
        (1) to conduct a feasibility study, including a study of 
    exploration, geochemical testing, geomagnetic surveys, geologic 
    information gathering, baseline environmental studies, well 
    drilling, resource characterization, permitting, and economic 
    analysis;
        (2) for design and engineering costs, relating to the project; 
    and
        (3) to demonstrate and promote commercial application of 
    technologies related to geothermal energy as part of the project.
    (d) Cost Sharing.--The cost-sharing requirements of section 988 of 
the Energy Policy Act of 2005 (42 U.S.C. 16352) shall apply to any 
project carried out under this section.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

   Subtitle C--Marine and Hydrokinetic Renewable Energy Technologies

SEC. 631. SHORT TITLE.

    This subtitle may be cited as the ``Marine and Hydrokinetic 
Renewable Energy Research and Development Act''.

SEC. 632. DEFINITION.

    For purposes of 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; and
        (4) differentials in ocean temperature (ocean thermal energy 
    conversion).
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. 633. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND 
              DEVELOPMENT.

    (a) In General.--The Secretary, in consultation with the Secretary 
of the Interior and the Secretary of Commerce, acting through the Under 
Secretary of Commerce for Oceans and Atmosphere, shall establish a 
program of research, development, demonstration, and commercial 
application to expand marine and hydrokinetic renewable energy 
production, including programs to--
        (1) study and compare existing marine and hydrokinetic 
    renewable energy technologies;
        (2) research, develop, and demonstrate marine and hydrokinetic 
    renewable energy systems and technologies;
        (3) reduce the manufacturing and operation costs of marine and 
    hydrokinetic renewable energy technologies;
        (4) investigate efficient and reliable integration with the 
    utility grid and intermittency issues;
        (5) advance wave forecasting technologies;
        (6) conduct experimental and numerical modeling for 
    optimization of marine energy conversion devices and arrays;
        (7) increase the reliability and survivability of marine and 
    hydrokinetic renewable energy technologies, including development 
    of corrosive-resistant materials;
        (8) identify, in conjunction with the Secretary of Commerce, 
    acting through the Under Secretary of Commerce for Oceans and 
    Atmosphere, and other Federal agencies as appropriate, the 
    potential environmental impacts, including potential impacts on 
    fisheries and other marine resources, of marine and hydrokinetic 
    renewable energy technologies, measures to prevent adverse impacts, 
    and technologies and other means available for monitoring and 
    determining environmental impacts;
        (9) identify, in conjunction with the Secretary of the 
    Department in which the United States Coast Guard is operating, 
    acting through the Commandant of the United States Coast Guard, the 
    potential navigational impacts of marine and hydrokinetic renewable 
    energy technologies and measures to prevent adverse impacts on 
    navigation;
        (10) develop power measurement standards for marine and 
    hydrokinetic renewable energy;
        (11) develop identification standards for marine and 
    hydrokinetic renewable energy devices;
        (12) address standards development, demonstration, and 
    technology transfer for advanced systems engineering and system 
    integration methods to identify critical interfaces;
        (13) identifying opportunities for cross fertilization and 
    development of economies of scale between other renewable sources 
    and marine and hydrokinetic renewable energy sources; and
        (14) 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 conjunction with the Secretary of 
Commerce, acting through the Undersecretary of Commerce for Oceans and 
Atmosphere, and the Secretary of the Interior, shall provide to the 
Congress a report that addresses--
        (1) the potential environmental impacts, including impacts to 
    fisheries and marine resources, of marine and hydrokinetic 
    renewable energy technologies;
        (2) options to prevent adverse environmental impacts;
        (3) the potential role of monitoring and adaptive management in 
    identifying and addressing any adverse environmental impacts; and
        (4) the necessary components of such an adaptive management 
    program.

SEC. 634. NATIONAL MARINE RENEWABLE ENERGY RESEARCH, DEVELOPMENT, AND 
              DEMONSTRATION CENTERS.

    (a) Centers.--The Secretary shall award grants to institutions of 
higher education (or consortia thereof) for the establishment of 1 or 
more National Marine Renewable Energy Research, Development, and 
Demonstration Centers. In selecting locations for Centers, the 
Secretary shall consider sites that meet one of the following criteria:
        (1) Hosts an existing marine renewable energy research and 
    development program in coordination with an engineering program at 
    an institution of higher education.
        (2) Has proven expertise to support environmental and policy-
    related issues associated with harnessing of energy in the marine 
    environment.
        (3) Has access to and utilizes the marine resources in the Gulf 
    of Mexico, the Atlantic Ocean, or the Pacific Ocean.
The Secretary may give special consideration to historically black 
colleges and universities and land grant universities that also meet 
one of these criteria. In establishing criteria for the selection of 
the Centers, the Secretary shall consult with the Secretary of 
Commerce, acting through the Under Secretary of Commerce for Oceans and 
Atmosphere, on the criteria related to ocean waves, tides, and currents 
including those for advancing wave forecasting technologies, ocean 
temperature differences, and studying the compatibility of marine 
renewable energy technologies and systems with the environment, 
fisheries, and other marine resources.
    (b) Purposes.--The Centers shall advance research, development, 
demonstration, and commercial application of marine renewable energy, 
and shall serve as an information clearinghouse for the marine 
renewable energy industry, collecting and disseminating information on 
best practices in all areas related to developing and managing enhanced 
marine renewable energy systems resources.
    (c) Demonstration of Need.--When applying for a grant under this 
section, an applicant shall include a description of why Federal 
support is necessary for the Center, including evidence that the 
research of the Center will not be conducted in the absence of Federal 
support.

SEC. 635. APPLICABILITY OF OTHER LAWS.

    Nothing in this subtitle shall be construed as waiving, modifying, 
or superseding the applicability of any requirement under any 
environmental or other Federal or State law.

SEC. 636. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary to carry 
out this subtitle $50,000,000 for each of the fiscal years 2008 through 
2012, except that no funds shall be appropriated under this section for 
activities that are receiving funds under section 931(a)(2)(E)(i) of 
the Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)(E)(i)).

    Subtitle D--Energy Storage for Transportation and Electric Power

SEC. 641. ENERGY STORAGE COMPETITIVENESS.

    (a) Short Title.--This section may be cited as the ``United States 
Energy Storage Competitiveness Act of 2007''.
    (b) Definitions.--In this section:
        (1) Council.--The term ``Council'' means the Energy Storage 
    Advisory Council established under subsection (e).
        (2) 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.
        (3) Electric drive vehicle.--The term ``electric drive 
    vehicle'' means--
            (A) a vehicle that uses an electric motor for all or part 
        of the motive power of the vehicle, including battery electric, 
        hybrid electric, plug-in hybrid electric, fuel cell, and plug-
        in fuel cell vehicles and rail transportation vehicles; or
            (B) mobile equipment that uses an electric motor to replace 
        an internal combustion engine for all or part of the work of 
        the equipment.
        (4) Islanding.--The term ``islanding'' means a distributed 
    generator or energy storage device continuing to power a location 
    in the absence of electric power from the primary source.
        (5) Flywheel.--The term ``flywheel'' means, in the case of an 
    electricity grid application, a device used to store rotational 
    kinetic energy.
        (6) Microgrid.--The term ``microgrid'' means an integrated 
    energy system consisting of interconnected loads and distributed 
    energy resources (including generators and energy storage devices), 
    which as an integrated system can operate in parallel with the 
    utility grid or in an intentional islanding mode.
        (7) Self-healing grid.--The term ``self-healing grid'' means a 
    grid that is capable of automatically anticipating and responding 
    to power system disturbances (including the isolation of failed 
    sections and components), while optimizing the performance and 
    service of the grid to customers.
        (8) Spinning reserve services.--The term ``spinning reserve 
    services'' means a quantity of electric generating capacity in 
    excess of the quantity needed to meet peak electric demand.
        (9) Ultracapacitor.--The term ``ultracapacitor'' means an 
    energy storage device that has a power density comparable to a 
    conventional capacitor but is capable of exceeding the energy 
    density of a conventional capacitor by several orders of magnitude.
    (c) 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 electric drive vehicles, stationary applications, and electricity 
transmission and distribution.
    (d) Coordination.--In carrying out the activities of this section, 
the Secretary shall coordinate relevant efforts with appropriate 
Federal agencies, including the Department of Transportation.
    (e) Energy Storage Advisory Council.--
        (1) Establishment.--Not later than 90 days after the date of 
    enactment of this Act, the Secretary shall establish an Energy 
    Storage Advisory Council.
        (2) Composition.--
            (A) In general.--Subject to subparagraph (B), the Council 
        shall consist of not less than 15 individuals appointed by the 
        Secretary, based on recommendations of the National Academy of 
        Sciences.
            (B) Energy storage industry.--The Council shall consist 
        primarily of representatives of the energy storage industry of 
        the United States.
            (C) Chairperson.--The Secretary shall select a Chairperson 
        for the Council from among the members appointed under 
        subparagraph (A).
        (3) Meetings.--
            (A) In general.--The Council shall meet not less than once 
        a year.
            (B) Federal advisory committee act.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall apply to a meeting of the 
        Council.
        (4) Plans.--No later than 1 year after the date of enactment of 
    this Act and every 5 years thereafter, the Council, in conjunction 
    with the Secretary, shall develop a 5-year plan for integrating 
    basic and applied research so that the United States retains a 
    globally competitive domestic energy storage industry for electric 
    drive vehicles, stationary applications, and electricity 
    transmission and distribution.
        (5) Review.--The Council shall--
            (A) assess, every 2 years, the performance of the 
        Department in meeting the goals of the plans developed under 
        paragraph (4); and
            (B) make specific recommendations to the Secretary on 
        programs or activities that should be established or terminated 
        to meet those goals.
    (f) Basic Research Program.--
        (1) Basic research.--The Secretary shall conduct a basic 
    research program on energy storage systems to support electric 
    drive vehicles, stationary applications, and electricity 
    transmission and distribution, including--
            (A) materials design;
            (B) materials synthesis and characterization;
            (C) electrode-active materials, including electrolytes and 
        bioelectrolytes;
            (D) surface and interface dynamics;
            (E) modeling and simulation; and
            (F) thermal behavior and life degradation mechanisms.
        (2) Nanoscience centers.--The Secretary, in cooperation with 
    the Council, shall coordinate the activities of the nanoscience 
    centers of the Department to help the energy storage research 
    centers of the Department maintain a globally competitive posture 
    in energy storage systems for electric drive vehicles, stationary 
    applications, and electricity transmission and distribution.
        (3) Funding.--For activities carried out under this subsection, 
    in addition to funding activities at National Laboratories, the 
    Secretary shall award funds to, and coordinate activities with, a 
    range of stakeholders including the public, private, and academic 
    sectors.
    (g) Applied Research Program.--
        (1) In general.--The Secretary shall conduct an applied 
    research program on energy storage systems to support electric 
    drive vehicles, stationary applications, 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;
            (G) thermal management systems; and
            (H) hydrogen as an energy storage medium.
        (2) Funding.--For activities carried out under this subsection, 
    in addition to funding activities at National Laboratories, the 
    Secretary shall provide funds to, and coordinate activities with, a 
    range of stakeholders, including the public, private, and academic 
    sectors.
    (h) Energy Storage Research Centers.--
        (1) 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 electric drive 
    vehicles, stationary applications, and electricity transmission and 
    distribution.
        (2) Program management.--The centers shall be managed by the 
    Under Secretary for Science of the Department.
        (3) 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.
        (4) Plans.--A center shall conduct activities that promote the 
    achievement of the goals of the plans of the Council under 
    subsection (e)(4).
        (5) 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 subsection, 
    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))).
        (6) 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 subsection.
        (7) 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 Energy Research and Development Act of 1974 (42 
    U.S.C. 5908), the Secretary may require, for any new invention 
    developed under this subsection, that--
            (A) if an industrial participant is active in a energy 
        storage research center established under this subsection 
        relating to the advancement of energy storage technologies 
        carried out, in whole or in part, with Federal funding, the 
        industrial participant 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) if 1 or more industry participants are active in a 
        center, during a 2-year period beginning on the date on which 
        an invention is made--
                (i) the patent holder shall not negotiate any license 
            or royalty agreement with any entity that is not an 
            industrial participant under this subsection; and
                (ii) the patent holder shall negotiate nonexclusive 
            licenses and royalties in good faith with any interested 
            industrial participant under this subsection; and
            (C) the new invention be developed under such other terms 
        as the Secretary determines to be necessary to promote the 
        accelerated commercialization of inventions made under this 
        subsection to advance the capability of the United States to 
        successfully compete in global energy storage markets.
    (i) Energy Storage Systems Demonstrations.--
        (1) In general.--The Secretary shall carry out a program of new 
    demonstrations of advanced energy storage systems.
        (2) Scope.--The demonstrations shall--
            (A) be regionally diversified; and
            (B) expand on the existing technology demonstration program 
        of the Department.
        (3) Stakeholders.--In carrying out the demonstrations, the 
    Secretary shall, to the maximum extent practicable, include the 
    participation of a range of stakeholders, including--
            (A) rural electric cooperatives;
            (B) investor owned utilities;
            (C) municipally owned electric utilities;
            (D) energy storage systems manufacturers;
            (E) electric drive vehicle manufacturers;
            (F) the renewable energy production industry;
            (G) State or local energy offices;
            (H) the fuel cell industry; and
            (I) institutions of higher education.
        (4) Objectives.--Each of the demonstrations shall include 1 or 
    more of the following:
            (A) Energy storage to improve the feasibility of microgrids 
        or islanding, or transmission and distribution capability, to 
        improve reliability in rural areas.
            (B) Integration of an energy storage system with a self-
        healing grid.
            (C) Use of energy storage to improve security to emergency 
        response infrastructure and ensure availability of emergency 
        backup power for consumers.
            (D) Integration with a renewable energy production source, 
        at the source or away from the source.
            (E) Use of energy storage to provide ancillary services, 
        such as spinning reserve services, for grid management.
            (F) Advancement of power conversion systems to make the 
        systems smarter, more efficient, able to communicate with other 
        inverters, and able to control voltage.
            (G) Use of energy storage to optimize transmission and 
        distribution operation and power quality, which could address 
        overloaded lines and maintenance of transformers and 
        substations.
            (H) Use of advanced energy storage for peak load management 
        of homes, businesses, and the grid.
            (I) Use of energy storage devices to store energy during 
        nonpeak generation periods to make better use of existing grid 
        assets.
    (j) Vehicle Energy Storage Demonstration.--
        (1) In general.--The Secretary shall carry out a program of 
    electric drive vehicle energy storage technology demonstrations.
        (2) Consortia.--The technology demonstrations shall be 
    conducted through consortia, which may include--
            (A) energy storage systems manufacturers and suppliers of 
        the manufacturers;
            (B) electric drive vehicle manufacturers;
            (C) rural electric cooperatives;
            (D) investor owned utilities;
            (E) municipal and rural electric utilities;
            (F) State and local governments;
            (G) metropolitan transportation authorities; and
            (H) institutions of higher education.
        (3) Objectives.--The program shall demonstrate 1 or more of the 
    following:
            (A) Novel, high capacity, high efficiency energy storage, 
        charging, and control systems, along with the collection of 
        data on performance characteristics, such as battery life, 
        energy storage capacity, and power delivery capacity.
            (B) Advanced onboard energy management systems and highly 
        efficient battery cooling systems.
            (C) Integration of those systems on a prototype vehicular 
        platform, including with drivetrain systems for passenger, 
        commercial, and nonroad electric drive vehicles.
            (D) New technologies and processes that reduce 
        manufacturing costs.
            (E) Integration of advanced vehicle technologies with 
        electricity distribution system and smart metering technology.
            (F) Control systems that minimize emissions profiles in 
        cases in which clean diesel engines are part of a plug-in 
        hybrid drive system.
    (k) Secondary Applications and Disposal of Electric Drive Vehicle 
Batteries.--The Secretary shall carry out a program of research, 
development, and demonstration of--
        (1) secondary applications of energy storage devices following 
    service in electric drive vehicles; and
        (2) technologies and processes for final recycling and disposal 
    of the devices.
    (l) Cost Sharing.--The Secretary shall carry out the programs 
established under this section in accordance with section 988 of the 
Energy Policy Act of 2005 (42 U.S.C. 16352).
    (m) Merit Review of Proposals.--The Secretary shall carry out the 
programs established under subsections (i), (j), and (k) in accordance 
with section 989 of the Energy Policy Act of 2005 (42 U.S.C. 16353).
    (n) Coordination and Nonduplication.--To the maximum extent 
practicable, the Secretary shall coordinate activities under this 
section with other programs and laboratories of the Department and 
other Federal research programs.
    (o) Review by National Academy of Sciences.--On the business day 
that is 5 years after the date of enactment of this Act, the Secretary 
shall offer to enter into an arrangement with the National Academy of 
Sciences to assess the performance of the Department in carrying out 
this section.
    (p) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out--
        (1) the basic research program under subsection (f) $50,000,000 
    for each of fiscal years 2009 through 2018;
        (2) the applied research program under subsection (g) 
    $80,000,000 for each of fiscal years 2009 through 2018; and;
        (3) the energy storage research center program under subsection 
    (h) $100,000,000 for each of fiscal years 2009 through 2018;
        (4) the energy storage systems demonstration program under 
    subsection (i) $30,000,000 for each of fiscal years 2009 through 
    2018;
        (5) the vehicle energy storage demonstration program under 
    subsection (j) $30,000,000 for each of fiscal years 2009 through 
    2018; and
        (6) the secondary applications and disposal of electric drive 
    vehicle batteries program under subsection (k) $5,000,000 for each 
    of fiscal years 2009 through 2018.

                  Subtitle E--Miscellaneous Provisions

SEC. 651. LIGHTWEIGHT MATERIALS RESEARCH AND DEVELOPMENT.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Secretary of Energy shall establish a program to 
determine ways in which the weight of motor vehicles could be reduced 
to improve fuel efficiency without compromising passenger safety by 
conducting research, development, and demonstration relating to--
        (1) the development of new materials (including cast metal 
    composite materials formed by autocombustion synthesis) and 
    material processes that yield a higher strength-to-weight ratio or 
    other properties that reduce vehicle weight; and
        (2) reducing the cost of--
            (A) lightweight materials (including high-strength steel 
        alloys, aluminum, magnesium, metal composites, and carbon fiber 
        reinforced polymer composites) with the properties required for 
        construction of lighter-weight vehicles; and
            (B) materials processing, automated manufacturing, joining, 
        and recycling lightweight materials for high-volume 
        applications.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $80,000,000 for the period of 
fiscal years 2008 through 2012.

SEC. 652. 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; or
            (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.--The Secretary may, for a period of up to 5 
    years after an award is granted under the demonstration program, 
    exempt from mandatory disclosure under section 552 of title 5, 
    United States Code (popularly known as the Freedom of Information 
    Act) information that the Secretary determines would be a 
    privileged or confidential trade secret or commercial or financial 
    information under subsection (b)(4) of such section if the 
    information had been obtained from a non-Government party.
        (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.--There is authorized to be 
appropriated to carry out this section $8,000,000 for the period of 
fiscal years 2009 through 2014.

SEC. 653. 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. 654. H-PRIZE.

    Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396) is 
amended by adding at the end the following new subsection:
    ``(f) H-Prize.--
        ``(1) Prize authority.--
            ``(A) In general.--As part of the program under this 
        section, the Secretary shall carry out a program to 
        competitively award cash prizes in conformity with this 
        subsection to advance the research, development, demonstration, 
        and commercial application of hydrogen energy technologies.
            ``(B) Advertising and solicitation of competitors.--
                ``(i) Advertising.--The Secretary shall widely 
            advertise prize competitions under this subsection to 
            encourage broad participation, including by individuals, 
            universities (including historically Black colleges and 
            universities and other minority serving institutions), and 
            large and small businesses (including businesses owned or 
            controlled by socially and economically disadvantaged 
            persons).
                ``(ii) Announcement through federal register notice.--
            The Secretary shall announce each prize competition under 
            this subsection by publishing a notice in the Federal 
            Register. This notice shall include essential elements of 
            the competition such as the subject of the competition, the 
            duration of the competition, the eligibility requirements 
            for participation in the competition, the process for 
            participants to register for the competition, the amount of 
            the prize, and the criteria for awarding the prize.
            ``(C) Administering the competitions.--The Secretary shall 
        enter into an agreement with a private, nonprofit entity to 
        administer the prize competitions under this subsection, 
        subject to the provisions of this subsection (in this 
        subsection referred to as the `administering entity'). The 
        duties of the administering entity under the agreement shall 
        include--
                ``(i) advertising prize competitions under this 
            subsection and their results;
                ``(ii) raising funds from private entities and 
            individuals to pay for administrative costs and to 
            contribute to cash prizes, including funds provided in 
            exchange for the right to name a prize awarded under this 
            subsection;
                ``(iii) developing, in consultation with and subject to 
            the final approval of the Secretary, the criteria for 
            selecting winners in prize competitions under this 
            subsection, based on goals provided by the Secretary;
                ``(iv) determining, in consultation with the Secretary, 
            the appropriate amount and funding sources for each prize 
            to be awarded under this subsection, subject to the final 
            approval of the Secretary with respect to Federal funding;
                ``(v) providing advice and consultation to the 
            Secretary on the selection of judges in accordance with 
            paragraph (2)(D), using criteria developed in consultation 
            with and subject to the final approval of the Secretary; 
            and
                ``(vi) protecting against the administering entity's 
            unauthorized use or disclosure of a registered 
            participant's trade secrets and confidential business 
            information. Any information properly identified as trade 
            secrets or confidential business information that is 
            submitted by a participant as part of a competitive program 
            under this subsection may be withheld from public 
            disclosure.
            ``(D) Funding sources.--Prizes under this subsection shall 
        consist of Federal appropriated funds and any funds provided by 
        the administering entity (including funds raised pursuant to 
        subparagraph (C)(ii)) for such cash prize programs. The 
        Secretary may accept funds from other Federal agencies for such 
        cash prizes and, notwithstanding section 3302(b) of title 31, 
        United States Code, may use such funds for the cash prize 
        program under this subsection. Other than publication of the 
        names of prize sponsors, the Secretary may not give any special 
        consideration to any private sector entity or individual in 
        return for a donation to the Secretary or administering entity.
            ``(E) Announcement of prizes.--The Secretary may not issue 
        a notice required by subparagraph (B)(ii) until all the funds 
        needed to pay out the announced amount of the prize have been 
        appropriated or committed in writing by the administering 
        entity. The Secretary may increase the amount of a prize after 
        an initial announcement is made under subparagraph (B)(ii) if--
                ``(i) notice of the increase is provided in the same 
            manner as the initial notice of the prize; and
                ``(ii) the funds needed to pay out the announced amount 
            of the increase have been appropriated or committed in 
            writing by the administering entity.
            ``(F) Sunset.--The authority to announce prize competitions 
        under this subsection shall terminate on September 30, 2018.
        ``(2) Prize categories.--
            ``(A) Categories.--The Secretary shall establish prizes 
        under this subsection for--
                ``(i) advancements in technologies, components, or 
            systems related to--

                    ``(I) hydrogen production;
                    ``(II) hydrogen storage;
                    ``(III) hydrogen distribution; and
                    ``(IV) hydrogen utilization;

                ``(ii) prototypes of hydrogen-powered vehicles or other 
            hydrogen-based products that best meet or exceed objective 
            performance criteria, such as completion of a race over a 
            certain distance or terrain or generation of energy at 
            certain levels of efficiency; and
                ``(iii) transformational changes in technologies for 
            the distribution or production of hydrogen that meet or 
            exceed far-reaching objective criteria, which shall include 
            minimal carbon emissions and which may include cost 
            criteria designed to facilitate the eventual market success 
            of a winning technology.
            ``(B) Awards.--
                ``(i) Advancements.--To the extent permitted under 
            paragraph (1)(E), the prizes authorized under subparagraph 
            (A)(i) shall be awarded biennially to the most significant 
            advance made in each of the four subcategories described in 
            subclauses (I) through (IV) of subparagraph (A)(i) since 
            the submission deadline of the previous prize competition 
            in the same category under subparagraph (A)(i) or the date 
            of enactment of this subsection, whichever is later, unless 
            no such advance is significant enough to merit an award. No 
            one such prize may exceed $1,000,000. If less than 
            $4,000,000 is available for a prize competition under 
            subparagraph (A)(i), the Secretary may omit one or more 
            subcategories, reduce the amount of the prizes, or not hold 
            a prize competition.
                ``(ii) Prototypes.--To the extent permitted under 
            paragraph (1)(E), prizes authorized under subparagraph 
            (A)(ii) shall be awarded biennially in alternate years from 
            the prizes authorized under subparagraph (A)(i). The 
            Secretary is authorized to award up to one prize in this 
            category in each 2-year period. No such prize may exceed 
            $4,000,000. If no registered participants meet the 
            objective performance criteria established pursuant to 
            subparagraph (C) for a competition under this clause, the 
            Secretary shall not award a prize.
                ``(iii) Transformational technologies.--To the extent 
            permitted under paragraph (1)(E), the Secretary shall 
            announce one prize competition authorized under 
            subparagraph (A)(iii) as soon after the date of enactment 
            of this subsection as is practicable. A prize offered under 
            this clause shall be not less than $10,000,000, paid to the 
            winner in a lump sum, and an additional amount paid to the 
            winner as a match for each dollar of private funding raised 
            by the winner for the hydrogen technology beginning on the 
            date the winner was named. The match shall be provided for 
            3 years after the date the prize winner is named or until 
            the full amount of the prize has been paid out, whichever 
            occurs first. A prize winner may elect to have the match 
            amount paid to another entity that is continuing the 
            development of the winning technology. The Secretary shall 
            announce the rules for receiving the match in the notice 
            required by paragraph (1)(B)(ii). The Secretary shall award 
            a prize under this clause only when a registered 
            participant has met the objective criteria established for 
            the prize pursuant to subparagraph (C) and announced 
            pursuant to paragraph (1)(B)(ii). Not more than $10,000,000 
            in Federal funds may be used for the prize award under this 
            clause. The administering entity shall seek to raise 
            $40,000,000 toward the matching award under this clause.
            ``(C) Criteria.--In establishing the criteria required by 
        this subsection, the Secretary--
                ``(i) shall consult with the Department's Hydrogen 
            Technical and Fuel Cell Advisory Committee;
                ``(ii) shall consult with other Federal agencies, 
            including the National Science Foundation; and
                ``(iii) may consult with other experts such as private 
            organizations, including professional societies, industry 
            associations, and the National Academy of Sciences and the 
            National Academy of Engineering.
            ``(D) Judges.--For each prize competition under this 
        subsection, the Secretary in consultation with the 
        administering entity shall assemble a panel of qualified judges 
        to select the winner or winners on the basis of the criteria 
        established under subparagraph (C). Judges for each prize 
        competition shall include individuals from outside the 
        Department, including from the private sector. A judge, spouse, 
        minor children, and members of the judge's household may not--
                ``(i) have personal or financial interests in, or be an 
            employee, officer, director, or agent of, any entity that 
            is a registered participant in the prize competition for 
            which he or she will serve as a judge; or
                ``(ii) have a familial or financial relationship with 
            an individual who is a registered participant in the prize 
            competition for which he or she will serve as a judge.
        ``(3) Eligibility.--To be eligible to win a prize under this 
    subsection, an individual or entity--
            ``(A) shall have complied with all the requirements in 
        accordance with the Federal Register notice required under 
        paragraph (1)(B)(ii);
            ``(B) in the case of a private entity, shall be 
        incorporated in and maintain a primary place of business in the 
        United States, and in the case of an individual, whether 
        participating singly or in a group, shall be a citizen of, or 
        an alien lawfully admitted for permanent residence in, the 
        United States; and
            ``(C) shall not be a Federal entity, a Federal employee 
        acting within the scope of his employment, or an employee of a 
        national laboratory acting within the scope of his employment.
        ``(4) Intellectual property.--The Federal Government shall not, 
    by virtue of offering or awarding a prize under this subsection, be 
    entitled to any intellectual property rights derived as a 
    consequence of, or direct relation to, the participation by a 
    registered participant in a competition authorized by this 
    subsection. This paragraph shall not be construed to prevent the 
    Federal Government from negotiating a license for the use of 
    intellectual property developed for a prize competition under this 
    subsection.
        ``(5) Liability.--
            ``(A) Waiver of liability.--The Secretary may require 
        registered participants to waive claims against the Federal 
        Government and the administering entity (except claims for 
        willful misconduct) for any injury, death, damage, or loss of 
        property, revenue, or profits arising from the registered 
        participants' participation in a competition under this 
        subsection. The Secretary shall give notice of any waiver 
        required under this subparagraph in the notice required by 
        paragraph (1)(B)(ii). The Secretary may not require a 
        registered participant to waive claims against the 
        administering entity arising out of the unauthorized use or 
        disclosure by the administering entity of the registered 
        participant's trade secrets or confidential business 
        information.
            ``(B) Liability insurance.--
                ``(i) Requirements.--Registered participants in a prize 
            competition under this subsection shall be required to 
            obtain liability insurance or demonstrate financial 
            responsibility, in amounts determined by the Secretary, for 
            claims by--

                    ``(I) a third party for death, bodily injury, or 
                property damage or loss resulting from an activity 
                carried out in connection with participation in a 
                competition under this subsection; and
                    ``(II) the Federal Government for damage or loss to 
                Government property resulting from such an activity.

                ``(ii) Federal government insured.--The Federal 
            Government shall be named as an additional insured under a 
            registered participant's insurance policy required under 
            clause (i)(I), and registered participants shall be 
            required to agree to indemnify the Federal Government 
            against third party claims for damages arising from or 
            related to competition activities under this subsection.
        ``(6) Report to congress.--Not later than 60 days after the 
    awarding of the first prize under this subsection, and annually 
    thereafter, the Secretary shall transmit to the Congress a report 
    that--
            ``(A) identifies each award recipient;
            ``(B) describes the technologies developed by each award 
        recipient; and
            ``(C) specifies actions being taken toward commercial 
        application of all technologies with respect to which a prize 
        has been awarded under this subsection.
        ``(7) Authorization of appropriations.--
            ``(A) In general.--
                ``(i) Awards.--There are authorized to be appropriated 
            to the Secretary for the period encompassing fiscal years 
            2008 through 2017 for carrying out this subsection--

                    ``(I) $20,000,000 for awards described in paragraph 
                (2)(A)(i);
                    ``(II) $20,000,000 for awards described in 
                paragraph (2)(A)(ii); and
                    ``(III) $10,000,000 for the award described in 
                paragraph (2)(A)(iii).

                ``(ii) Administration.--In addition to the amounts 
            authorized in clause (i), there are authorized to be 
            appropriated to the Secretary for each of fiscal years 2008 
            and 2009 $2,000,000 for the administrative costs of 
            carrying out this subsection.
            ``(B) Carryover of funds.--Funds appropriated for prize 
        awards under this subsection shall remain available until 
        expended, and may be transferred, reprogrammed, or expended for 
        other purposes only after the expiration of 10 fiscal years 
        after the fiscal year for which the funds were originally 
        appropriated. No provision in this subsection permits 
        obligation or payment of funds in violation of section 1341 of 
        title 31 of the United States Code (commonly referred to as the 
        Anti-Deficiency Act).
        ``(8) Nonsubstitution.--The programs created under this 
    subsection shall not be considered a substitute for Federal 
    research and development programs.''.

SEC. 655. 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 producing commercially accepted quality 
        control lots of 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 producing commercially accepted quality 
        control lots of 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.--
        (1) In general.--Subject to paragraph (2), and notwithstanding 
    section 3302 of title 31, United States Code, the Secretary may 
    accept, retain, and use funds contributed by any person, government 
    entity, or organization for purposes of carrying out this 
    subsection--
            (A) without further appropriation; and
            (B) without fiscal year limitation.
        (2) Prize competition.--A private source of funding may not 
    participate in the competition for 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) Eligibility for Prizes.--To be eligible to be awarded a prize 
under this section--
        (1) in the case of a private entity, the entity shall be 
    incorporated in and maintain a primary place of business in the 
    United States; and
        (2) in the case of an individual (whether participating as a 
    single individual or in a group), the individual shall be a citizen 
    or lawful permanent resident of the United States.
    (g) 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.
    (h) 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.
    (i) 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.
    (j) Bright Tomorrow Lighting Award Fund.--
        (1) Establishment.--There is established in the United States 
    Treasury a Bright Tomorrow Lighting 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).
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 656. 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.--The Secretary may, for a period of up to 5 years 
after an award is granted under this section, exempt from mandatory 
disclosure under section 552 of title 5, United States Code (popularly 
known as the Freedom of Information Act) information that the Secretary 
determines would be a privileged or confidential trade secret or 
commercial or financial information under subsection (b)(4) of such 
section if the information had been obtained from a non-Government 
party.
    (i) Sense of the Congress.--It is the sense of the Congress that 
the Secretary should ensure that small businesses engaged in renewable 
manufacturing be given priority consideration for the assistance awards 
provided under this section.
    (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.

              TITLE VII--CARBON CAPTURE AND SEQUESTRATION
Subtitle A--Carbon Capture and Sequestration Research, Development, and 
                             Demonstration

SEC. 701. SHORT TITLE.

    This subtitle may be cited as the ``Department of Energy Carbon 
Capture and Sequestration Research, Development, and Demonstration Act 
of 2007''.

SEC. 702. CARBON CAPTURE AND SEQUESTRATION RESEARCH, DEVELOPMENT, AND 
              DEMONSTRATION PROGRAM.

    (a) Amendment.--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 sequestration research, 
    development, and demonstration'';
        (2) in subsection (a)--
            (A) by striking ``research and development'' and inserting 
        ``and sequestration research, development, and demonstration''; 
        and
            (B) by striking ``capture technologies on combustion-based 
        systems'' and inserting ``capture and sequestration 
        technologies related to industrial sources of carbon dioxide'';
        (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 geologic 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) Fundamental science and engineering research and 
    development and demonstration supporting carbon capture and 
    sequestration 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 sequester, or use carbon dioxide to 
        lead to an overall reduction of carbon dioxide emissions.
            ``(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 advanced technologies for 
            the capture and sequestration of carbon dioxide;
                ``(ii) development of new or advanced technologies that 
            reduce the cost and increase the efficacy of advanced 
            compression of carbon dioxide required for the 
            sequestration of carbon dioxide;
                ``(iii) modeling and simulation of geologic 
            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 advanced 
            technologies for carbon use, including recycling and reuse 
            of carbon dioxide; and
                ``(vi) research and development of new and advanced 
            technologies for the separation of oxygen 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 geologic 
        settings, including--
                ``(i) operating oil and gas fields;
                ``(ii) depleted oil and gas fields;
                ``(iii) unmineable coal seams;
                ``(iv) deep saline formations;
                ``(v) deep geologic systems that may be used as 
            engineered reservoirs to extract economical quantities of 
            heat from geothermal resources of low permeability or 
            porosity; and
                ``(vi) deep geologic systems containing basalt 
            formations.
            ``(B) Objectives.--The objectives of tests conducted under 
        this paragraph shall be--
                ``(i) to develop and validate geophysical tools, 
            analysis, and modeling to monitor, predict, and verify 
            carbon dioxide containment;
                ``(ii) to validate modeling of geologic formations;
                ``(iii) to refine sequestration capacity estimated for 
            particular geologic formations;
                ``(iv) to determine the fate of carbon dioxide 
            concurrent with and following injection into geologic 
            formations;
                ``(v) to develop and implement best practices for 
            operations relating to, and monitoring of, carbon dioxide 
            injection and sequestration in geologic formations;
                ``(vi) to assess and ensure the safety of operations 
            related to geologic sequestration of carbon dioxide;
                ``(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 
            sequestration that are funded by the Department of Energy; 
            and
                ``(viii) to provide information to States, the 
            Environmental Protection Agency, and other appropriate 
            entities to support development of a regulatory framework 
            for commercial-scale sequestration operations that ensure 
            the protection of human health and the environment.
        ``(3) Large-scale carbon dioxide sequestration testing.--
            ``(A) In general.--The Secretary shall conduct not less 
        than 7 initial large-scale sequestration tests, not including 
        the FutureGen project, for geologic containment of carbon 
        dioxide to collect and validate information on the cost and 
        feasibility of commercial deployment of technologies for 
        geologic containment of carbon dioxide. These 7 tests may 
        include any Regional Partnership projects awarded as of the 
        date of enactment of the Department of Energy Carbon Capture 
        and Sequestration Research, Development, and Demonstration Act 
        of 2007.
            ``(B) Diversity of formations to be studied.--In selecting 
        formations for study under this paragraph, the Secretary shall 
        consider a variety of geologic formations across the United 
        States, and require characterization and modeling of candidate 
        formations, as determined by the Secretary.
            ``(C) Source of carbon dioxide for large-scale 
        sequestration tests.--In the process of any acquisition of 
        carbon dioxide for sequestration tests under subparagraph (A), 
        the Secretary shall give preference to sources of carbon 
        dioxide from industrial sources. To the extent feasible, the 
        Secretary shall prefer tests that would facilitate the creation 
        of an integrated system of capture, transportation and 
        sequestration of carbon dioxide. The preference provided for 
        under this subparagraph shall not delay the implementation of 
        the large-scale sequestration tests under this paragraph.
            ``(D) Definition.--For purposes of this paragraph, the term 
        `large-scale' means the injection of more than 1,000,000 tons 
        of carbon dioxide from industrial sources annually or a scale 
        that demonstrates the ability to inject and sequester several 
        million metric tons of industrial source carbon dioxide for a 
        large number of years.
        ``(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--
            ``(A) give preference to proposals from partnerships among 
        industrial, academic, and government entities; and
            ``(B) require recipients to provide assurances that all 
        laborers and mechanics employed by contractors and 
        subcontractors in the construction, repair, or alteration of 
        new or existing facilities performed in order to carry out a 
        demonstration or commercial application activity authorized 
        under this subsection 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 
        subchapter IV of chapter 31 of title 40, United States Code, 
        and the Secretary of Labor shall, with respect to the labor 
        standards in this paragraph, have the authority and functions 
        set forth in Reorganization Plan Numbered 14 of 1950 (15 Fed. 
        Reg. 3176; 5 U.S.C. Appendix) and section 3145 of title 40, 
        United States Code.
        ``(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) $240,000,000 for fiscal year 2008;
        ``(2) $240,000,000 for fiscal year 2009;
        ``(3) $240,000,000 for fiscal year 2010;
        ``(4) $240,000,000 for fiscal year 2011; and
        ``(5) $240,000,000 for fiscal year 2012.''.
    (b) Table of Contents Amendment.--The item relating to section 963 
in the table of contents for the Energy Policy Act of 2005 is amended 
to read as follows:

``Sec. 963. Carbon capture and sequestration research, development, and 
          demonstration program.''.

SEC. 703. CARBON CAPTURE.

    (a) 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. In making awards under this 
    program, the Secretary shall select, as appropriate, a diversity of 
    capture technologies to address the need to capture carbon dioxide 
    from a range of industrial sources.
        (2) Scope of award.--Awards 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 from industrial 
        sources;
            (B) provides for the transportation and injection of carbon 
        dioxide; and
            (C) incorporates a comprehensive measurement, monitoring, 
        and validation program.
        (3) Preferences for award.--To ensure reduced carbon dioxide 
    emissions, the Secretary shall take necessary actions to provide 
    for the integration of the program under this paragraph with the 
    large-scale carbon dioxide sequestration tests described in section 
    963(c)(3) of the Energy Policy Act of 2005 (42 U.S.C. 16293(c)(3)), 
    as added by section 702 of this subtitle. These actions should not 
    delay implementation of these tests. The Secretary shall give 
    priority consideration to projects with the following 
    characteristics:
            (A) Capacity.--Projects that will capture a high percentage 
        of the carbon dioxide in the treated stream and large volumes 
        of carbon dioxide as determined by the Secretary.
            (B) Sequestration.--Projects that capture carbon dioxide 
        from industrial sources that are near suitable geological 
        reservoirs and could continue sequestration including--
                (i) a field testing validation activity under section 
            963 of the Energy Policy Act of 2005 (42 U.S.C. 16293), as 
            amended by this Act; or
                (ii) other geologic sequestration projects approved by 
            the Secretary.
        (4) Requirement.--For projects that generate carbon dioxide 
    that is to be sequestered, the carbon dioxide stream shall be of a 
    sufficient purity level to allow for safe transport and 
    sequestration.
        (5) Cost-sharing.--The cost-sharing requirements of section 988 
    of the Energy Policy Act of 2005 (42 U.S.C. 16352) for research and 
    development projects shall apply to this section.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $200,000,000 
per year for fiscal years 2009 through 2013.

SEC. 704. REVIEW OF LARGE-SCALE PROGRAMS.

    The Secretary shall enter into an arrangement with the National 
Academy of Sciences for an independent review and oversight, beginning 
in 2011, of the programs under section 963(c)(3) of the Energy Policy 
Act of 2005 (42 U.S.C. 16293(c)(3)), as added by section 702 of this 
subtitle, and under section 703 of this subtitle, to ensure that the 
benefits of such programs are maximized. Not later than January 1, 
2012, the Secretary shall transmit to the Congress a report on the 
results of such review and oversight.

SEC. 705. GEOLOGIC SEQUESTRATION TRAINING AND RESEARCH.

    (a) Study.--
        (1) In general.--The Secretary shall enter into an arrangement 
    with the National Academy of Sciences to undertake a study that--
            (A) defines an interdisciplinary program in geology, 
        engineering, hydrology, environmental science, and related 
        disciplines that will support the Nation's capability to 
        capture and sequester carbon dioxide from anthropogenic 
        sources;
            (B) addresses undergraduate and graduate education, 
        especially to help develop graduate level programs of research 
        and instruction that lead to advanced degrees with emphasis on 
        geologic sequestration science;
            (C) develops guidelines for proposals from colleges and 
        universities with substantial capabilities in the required 
        disciplines that seek to implement geologic sequestration 
        science programs that advance the Nation's capacity to address 
        carbon management through geologic sequestration science; and
            (D) outlines a budget and recommendations for how much 
        funding will be necessary to establish and carry out the grant 
        program under subsection (b).
        (2) Report.--Not later than 1 year after the date of enactment 
    of this Act, the Secretary shall transmit to the Congress a copy of 
    the results of the study provided by the National Academy of 
    Sciences under paragraph (1).
        (3) Authorization of appropriations.--There are authorized to 
    be appropriated to the Secretary for carrying out this subsection 
    $1,000,000 for fiscal year 2008.
    (b) Grant Program.--
        (1) Establishment.--The Secretary shall establish a competitive 
    grant program through which colleges and universities may apply for 
    and receive 4-year grants for--
            (A) salary and startup costs for newly designated faculty 
        positions in an integrated geologic carbon sequestration 
        science program; and
            (B) internships for graduate students in geologic 
        sequestration science.
        (2) Renewal.--Grants under this subsection shall be renewable 
    for up to 2 additional 3-year terms, based on performance criteria, 
    established by the National Academy of Sciences study conducted 
    under subsection (a), that include the number of graduates of such 
    programs.
        (3) Interface with regional geologic carbon sequestration 
    partnerships.--To the greatest extent possible, geologic carbon 
    sequestration science programs supported under this subsection 
    shall interface with the research of the Regional Carbon 
    Sequestration Partnerships operated by the Department to provide 
    internships and practical training in carbon capture and geologic 
    sequestration.
        (4) Authorization of appropriations.--There are authorized to 
    be appropriated to the Secretary for carrying out this subsection 
    such sums as may be necessary.

SEC. 706. RELATION TO SAFE DRINKING WATER ACT.

    The injection and geologic sequestration of carbon dioxide pursuant 
to this subtitle and the amendments made by this subtitle shall be 
subject to the requirements of the Safe Drinking Water Act (42 U.S.C. 
300f et seq.), including the provisions of part C of such Act (42 
U.S.C. 300h et seq.; relating to protection of underground sources of 
drinking water). Nothing in this subtitle and the amendments made by 
this subtitle imposes or authorizes the promulgation of any requirement 
that is inconsistent or in conflict with the requirements of the Safe 
Drinking Water Act (42 U.S.C. 300f et seq.) or regulations thereunder.

SEC. 707. SAFETY RESEARCH.

    (a) Program.--The Administrator of the Environmental Protection 
Agency shall conduct a research program to address public health, 
safety, and environmental impacts that may be associated with capture, 
injection, and sequestration of greenhouse gases in geologic 
reservoirs.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated for carrying out this section $5,000,000 for each fiscal 
year.

SEC. 708. UNIVERSITY BASED RESEARCH AND DEVELOPMENT GRANT PROGRAM.

    (a) Establishment.--The Secretary, in consultation with other 
appropriate agencies, shall establish a university based research and 
development program to study carbon capture and sequestration using the 
various types of coal.
    (b) Rural and Agricultural Institutions.--The Secretary shall give 
special consideration to rural or agricultural based institutions in 
areas that have regional sources of coal and that offer 
interdisciplinary programs in the area of environmental science to 
study carbon capture and sequestration.
    (c) Authorization of Appropriations.--There are to be authorized to 
be appropriated $10,000,000 to carry out this section.

 Subtitle B--Carbon Capture and Sequestration Assessment and Framework

SEC. 711. CARBON DIOXIDE SEQUESTRATION CAPACITY ASSESSMENT.

    (a) Definitions.--In this section--
        (1) Assessment.--The term ``assessment'' means the national 
    assessment of onshore capacity for carbon dioxide completed under 
    subsection (f).
        (2) Capacity.--The term ``capacity'' means the portion of a 
    sequestration 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 sequestration.
        (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) Sequestration formation.--The term ``sequestration 
    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 sequestration 
    formations in all States;
        (2) the capacity of the potential sequestration formations;
        (3) the injectivity of the potential sequestration formations;
        (4) an estimate of potential volumes of oil and gas recoverable 
    by injection and sequestration of industrial carbon dioxide in 
    potential sequestration formations;
        (5) the risk associated with the potential sequestration 
    formations; and
        (6) the work done to develop the Carbon Sequestration Atlas of 
    the United States and Canada that was completed by the Department.
    (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 section 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 
    sequestration capacity of carbon dioxide in geological 
    sequestration 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 
    sequestration of carbon dioxide in geological 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 sequestration 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 Natural Resources 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. 712. ASSESSMENT OF CARBON SEQUESTRATION AND METHANE AND NITROUS 
              OXIDE EMISSIONS FROM ECOSYSTEMS.

    (a) Definitions.--In this section:
        (1) Adaptation strategy.--The term ``adaptation strategy'' 
    means a land use and management strategy that can be used--
            (A) to increase the sequestration capabilities of covered 
        greenhouse gases of any ecosystem; or
            (B) to reduce the emissions of covered greenhouse gases 
        from any 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) Ecosystem.--The term ``ecosystem'' means any terrestrial, 
    freshwater aquatic, or coastal ecosystem, including an estuary.
        (5) Native plant species.--The term ``native plant species'' 
    means any noninvasive, naturally occurring plant species within an 
    ecosystem.
        (6) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
    (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 
    ecosystems, including from man-caused and natural fires; and
        (2) the annual flux of covered greenhouse gases in and out of 
    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 ecosystem;
        (2) estimate the potential for increasing carbon sequestration 
    in natural and managed ecosystems through management activities or 
    restoration activities in each 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 
        ecosystem;
            (B) to reduce emissions of covered greenhouse gases from 
        ecosystems; and
            (C) to adapt to climate change; and
        (4) estimate the annual carbon sequestration capacity of 
    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 
ecosystem.
    (e) Consultation.--
        (1) In general.--In conducting the assessment under subsection 
    (b) and developing the methodology under subsection (f), the 
    Secretary shall consult with--
            (A) the Secretary of Energy;
            (B) the Secretary of Agriculture;
            (C) the Administrator of the Environmental Protection 
        Agency;
            (D) the Secretary of Commerce, acting through the Under 
        Secretary for Oceans and Atmosphere; and
            (E) the heads of other relevant agencies.
        (2) Ocean and coastal ecosystems.--In carrying out this section 
    with respect to ocean and coastal ecosystems (including estuaries), 
    the Secretary shall work jointly with the Secretary of Commerce, 
    acting through the Under Secretary for Oceans and Atmosphere.
    (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, and 
            quantifying covered greenhouse gas emissions and 
            reductions;
                (ii) estimate the total capacity of each ecosystem to 
            sequester carbon; and
                (iii) estimate the ability of each ecosystem to reduce 
            emissions of covered greenhouse gases through management 
            practices; and
            (B) may employ economic and other systems models, analyses, 
        and estimates, 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 
    the carbon sequestration capacity of relevant 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.
    (i) Authorization.--There is authorized to be appropriated to carry 
out this section $20,000,000 for the period of fiscal years 2008 
through 2012.

SEC. 713. CARBON DIOXIDE SEQUESTRATION INVENTORY.

    Section 354 of the Energy Policy Act of 2005 (42 U.S.C. 15910) is 
amended--
        (1) by redesignating subsection (d) as subsection (e); and
        (2) by inserting after subsection (c) the following:
    ``(d) Records and Inventory.--The Secretary of the Interior, acting 
through the Bureau of Land Management, shall maintain records on, and 
an inventory of, the quantity of carbon dioxide stored within Federal 
mineral leaseholds.''.

SEC. 714. FRAMEWORK FOR GEOLOGICAL CARBON SEQUESTRATION ON PUBLIC LAND.

    (a) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of the Interior shall submit to the Committee 
on Natural Resources of the House of Representatives and the Committee 
on Energy and Natural Resources of the Senate a report on a recommended 
framework for managing geological carbon sequestration activities on 
public land.
    (b) Contents.--The report required by subsection (a) shall include 
the following:
        (1) Recommended criteria for identifying candidate geological 
    sequestration sites in each of the following types of geological 
    settings:
            (A) Operating oil and gas fields.
            (B) Depleted oil and gas fields.
            (C) Unmineable coal seams.
            (D) Deep saline formations.
            (E) Deep geological systems that may be used as engineered 
        reservoirs to extract economical quantities of heat from 
        geothermal resources of low permeability or porosity.
            (F) Deep geological systems containing basalt formations.
            (G) Coalbeds being used for methane recovery.
        (2) A proposed regulatory framework for the leasing of public 
    land or an interest in public land for the long-term geological 
    sequestration of carbon dioxide, which includes an assessment of 
    options to ensure that the United States receives fair market value 
    for the use of public land or an interest in public land for 
    geological sequestration.
        (3) A proposed procedure for ensuring that any geological 
    carbon sequestration activities on public land--
            (A) provide for public review and comment from all 
        interested persons; and
            (B) protect the quality of natural and cultural resources 
        of the public land overlaying a geological sequestration site.
        (4) A description of the status of Federal leasehold or Federal 
    mineral estate liability issues related to the geological 
    subsurface trespass of or caused by carbon dioxide stored in public 
    land, including any relevant experience from enhanced oil recovery 
    using carbon dioxide on public land.
        (5) Recommendations for additional legislation that may be 
    required to ensure that public land management and leasing laws are 
    adequate to accommodate the long-term geological sequestration of 
    carbon dioxide.
        (6) An identification of the legal and regulatory issues 
    specific to carbon dioxide sequestration on land in cases in which 
    title to mineral resources is held by the United States but title 
    to the surface estate is not held by the United States.
        (7)(A) An identification of the issues specific to the issuance 
    of pipeline rights-of-way on public land under the Mineral Leasing 
    Act (30 U.S.C. 181 et seq.) or the Federal Land Policy and 
    Management Act of 1976 (43 U.S.C. 1701 et seq.) for natural or 
    anthropogenic carbon dioxide.
        (B) Recommendations for additional legislation that may be 
    required to clarify the appropriate framework for issuing rights-
    of-way for carbon dioxide pipelines on public land.
    (c) Consultation With Other Agencies.--In preparing the report 
under this section, the Secretary of the Interior shall coordinate 
with--
        (1) the Administrator of the Environmental Protection Agency;
        (2) the Secretary of Energy; and
        (3) the heads of other appropriate agencies.
    (d) Compliance With Safe Drinking Water Act.--The Secretary shall 
ensure that all recommendations developed under this section are in 
compliance with all Federal environmental laws, including the Safe 
Drinking Water Act (42 U.S.C. 300f et seq.) and regulations under that 
Act.

            TITLE VIII--IMPROVED MANAGEMENT OF ENERGY POLICY
                  Subtitle A--Management Improvements

SEC. 801. 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 during the 10-year period beginning on the date of 
    enactment of this Act;
        (2) to promote the national security benefits associated with 
    increased energy efficiency; and
        (3) to decrease oil consumption in the United States during the 
    10-year period beginning on the date of enactment of this Act.
    (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--
            (A) advertising costs, including--
                (i) the purchase of media time and space;
                (ii) creative and talent costs;
                (iii) testing and evaluation of advertising; and
                (iv) evaluation of the effectiveness of the media 
            campaign; and
            (B) administrative costs, including 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 of 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. 802. ALASKA NATURAL GAS PIPELINE 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 (5 U.S.C. 5314).
            ``(C) Allowances.--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 (5 U.S.C. 5314).
        ``(4) Fees, charges, and commissions.--
            ``(A) In general.--With respect to the duties of the 
        Federal Coordinator, as described in this Act, the Federal 
        Coordinator shall have similar 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).
            ``(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. 803. RENEWABLE ENERGY DEPLOYMENT.

    (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.

SEC. 804. 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.
    (b) Review and Analysis of Available Information.--The 
Administrator shall, on an ongoing basis--
        (1) review information on refinery outages that is available 
    from commercial reporting services;
        (2) analyze that information to determine whether the 
    scheduling of a refinery outage may nationally or regionally 
    substantially 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 refinery outage 
    that the Administrator determines may nationally or regionally 
    substantially 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 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 authorize 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. 805. ASSESSMENT OF RESOURCES.

    (a) 5-Year Plan.--
        (1) Establishment.--The Administrator of the Energy Information 
    Administration (referred to in this section as the 
    ``Administrator'') shall establish a 5-year plan to enhance the 
    quality and scope of the data collection necessary to ensure the 
    scope, accuracy, and timeliness of the information needed for 
    efficient functioning of energy markets and related financial 
    operations.
        (2) Requirement.--In establishing the plan under paragraph (1), 
    the Administrator shall pay particular attention to--
            (A) data series terminated because of budget constraints;
            (B) data on demand response;
            (C) timely data series of State-level information;
            (D) improvements in the area of oil and gas data;
            (E) improvements in data on solid byproducts from coal-
        based energy-producing facilities; and
            (F) the ability to meet applicable deadlines under Federal 
        law (including regulations) to provide data required by 
        Congress.
    (b) Submission to Congress.--The Administrator shall submit to 
Congress the plan established under subsection (a), including a 
description of any improvements needed to enhance the ability of the 
Administrator to collect and process energy information in a manner 
consistent with the needs of energy markets.
    (c) Guidelines.--
        (1) In general.--The Administrator shall--
            (A) establish guidelines to ensure the quality, 
        comparability, and scope of State energy data, including data 
        on energy production and consumption by product and sector and 
        renewable and alternative sources, required to provide a 
        comprehensive, accurate energy profile at the State level;
            (B) share company-level data collected at the State level 
        with each State involved, in a manner consistent with the legal 
        authorities, confidentiality protections, and stated uses in 
        effect at the time the data were collected, subject to the 
        condition that the State shall agree to reasonable requirements 
        for use of the data, as the Administrator may require;
            (C) assess any existing gaps in data obtained and compiled 
        by the Energy Information Administration; and
            (D) evaluate the most cost-effective ways to address any 
        data quality and quantity issues in conjunction with State 
        officials.
        (2) Consultation.--The Administrator shall consult with State 
    officials and the Federal Energy Regulatory Commission on a regular 
    basis in--
            (A) establishing guidelines and determining the scope of 
        State-level data under paragraph (1); and
            (B) exploring ways to address data needs and serve data 
        uses.
    (d) Assessment of State Data Needs.--Not later than 1 year after 
the date of enactment of this Act, the Administrator shall submit to 
Congress an assessment of State-level data needs, including a plan to 
address the needs.
    (e) Authorization of Appropriations.--In addition to any other 
amounts made available to the Administrator, there are authorized to be 
appropriated to the Administrator to carry out this section--
        (1) $10,000,000 for fiscal year 2008;
        (2) $10,000,000 for fiscal year 2009;
        (3) $10,000,000 for fiscal year 2010;
        (4) $15,000,000 for fiscal year 2011;
        (5) $20,000,000 for fiscal year 2012; and
        (6) such sums as are necessary for subsequent fiscal years.

SEC. 806. 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.

SEC. 807. GEOTHERMAL ASSESSMENT, EXPLORATION INFORMATION, AND PRIORITY 
              ACTIVITIES.

    (a) In General.--Not later than January 1, 2012, the Secretary of 
the Interior, acting through the Director of the United States 
Geological Survey, shall--
        (1) complete a comprehensive nationwide geothermal resource 
    assessment that examines the full range of geothermal resources in 
    the United States; and
        (2) submit to the the Committee on Natural Resources of the 
    House of Representatives and the Committee on Energy and Natural 
    Resources of the Senate a report describing the results of the 
    assessment.
    (b) Periodic Updates.--At least once every 10 years, the Secretary 
shall update the national assessment required under this section to 
support public and private sector decisionmaking.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of the Interior to carry out this 
section--
        (1) $15,000,000 for each of fiscal years 2008 through 2012; and
        (2) such sums as are necessary for each of fiscal years 2013 
    through 2022.

 Subtitle B--Prohibitions on Market Manipulation and False Information

SEC. 811. 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 Federal Trade Commission may prescribe as necessary or 
appropriate in the public interest or for the protection of United 
States citizens.

SEC. 812. PROHIBITION ON FALSE INFORMATION.

    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) the 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. 813. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.

    (a) Enforcement.--This subtitle 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 (15 U.S.C. 41 et seq.) were incorporated into and made a 
part of this subtitle.
    (b) Violation Is Treated as Unfair or Deceptive Act or Practice.--
The violation of any provision of this subtitle 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)).

SEC. 814. PENALTIES.

    (a) Civil Penalty.--In addition to any penalty applicable under the 
Federal Trade Commission Act (15 U.S.C. 41 et seq.), any supplier that 
violates section 811 or 812 shall be punishable by a civil penalty of 
not more than $1,000,000.
    (b) Method.--The penalties provided by subsection (a) 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).
    (c) Multiple Offenses; Mitigating Factors.--In assessing the 
penalty provided by subsection (a)--
        (1) each day of a continuing violation shall be considered a 
    separate violation; and
        (2) the court shall take into consideration, among other 
    factors--
            (A) the seriousness of the violation; and
            (B) the efforts of the person committing the violation to 
        remedy the harm caused by the violation in a timely manner.

SEC. 815. EFFECT ON OTHER LAWS.

    (a) Other Authority of the Commission.--Nothing in this subtitle 
limits or affects the authority of the Federal Trade Commission to 
bring an enforcement action 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) Antitrust Law.--Nothing in this subtitle shall be construed to 
modify, impair, or supersede the operation of any of the antitrust 
laws. For purposes of this subsection, the term ``antitrust laws'' 
shall have the meaning given it in subsection (a) of the first section 
of the Clayton Act (15 U.S.C. 12), except that it includes section 5 of 
the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such 
section 5 applies to unfair methods of competition.
    (c) State Law.--Nothing in this subtitle preempts any State law.

                TITLE IX--INTERNATIONAL ENERGY PROGRAMS

SEC. 901. DEFINITIONS.

    In this title:
        (1) Appropriate congressional committees.--The term 
    ``appropriate congressional committees'' means--
            (A) the Committee on Foreign Affairs and the Committee on 
        Energy and Commerce of the House of Representatives; and
            (B) the Committee on Foreign Relations, the Committee on 
        Energy and Natural Resources, the Committee on Environment and 
        Public Works, and the Committee on Commerce, Science, and 
        Transportation of the Senate.
        (2) Clean and efficient energy technology.--The term ``clean 
    and efficient energy technology'' means an energy supply or end-use 
    technology that, compared to a similar technology already in 
    widespread commercial use in a recipient country, will--
            (A) reduce emissions of greenhouse gases; or
            (B)(i) increase efficiency of energy production; or
            (ii) decrease intensity of energy usage.
        (3) Greenhouse gas.--The term ``greenhouse gas'' means--
            (A) carbon dioxide;
            (B) methane;
            (C) nitrous oxide;
            (D) hydrofluorocarbons;
            (E) perfluorocarbons; or
            (F) sulfur hexafluoride.

     Subtitle A--Assistance to Promote Clean and Efficient Energy 
                   Technologies in Foreign Countries

SEC. 911. UNITED STATES ASSISTANCE FOR DEVELOPING COUNTRIES.

    (a) Assistance Authorized.--The Administrator of the United States 
Agency for International Development shall support policies and 
programs in developing countries that promote clean and efficient 
energy technologies--
        (1) to produce the necessary market conditions for the private 
    sector delivery of energy and environmental management services;
        (2) to create an environment that is conducive to accepting 
    clean and efficient energy technologies that support the overall 
    purpose of reducing greenhouse gas emissions, including--
            (A) improving policy, legal, and regulatory frameworks;
            (B) increasing institutional abilities to provide energy 
        and environmental management services; and
            (C) increasing public awareness and participation in the 
        decision-making of delivering energy and environmental 
        management services; and
        (3) to promote the use of American-made clean and efficient 
    energy technologies, products, and energy and environmental 
    management services.
    (b) Report.--The Administrator of the United States Agency for 
International Development shall submit to the appropriate congressional 
committees an annual report on the implementation of this section for 
each of the fiscal years 2008 through 2012.
    (c) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated to the Administrator of the 
United States Agency for International Development $200,000,000 for 
each of the fiscal years 2008 through 2012.

SEC. 912. UNITED STATES EXPORTS AND OUTREACH PROGRAMS FOR INDIA, CHINA, 
              AND OTHER COUNTRIES.

    (a) Assistance Authorized.--The Secretary of Commerce shall direct 
the United States and Foreign Commercial Service to expand or create a 
corps of the Foreign Commercial Service officers to promote United 
States exports in clean and efficient energy technologies and build the 
capacity of government officials in India, China, and any other country 
the Secretary of Commerce determines appropriate, to become more 
familiar with the available technologies--
        (1) by assigning or training Foreign Commercial Service 
    attaches, who have expertise in clean and efficient energy 
    technologies from the United States, to embark on business 
    development and outreach efforts to such countries; and
        (2) by deploying the attaches described in paragraph (1) to 
    educate provincial, state, and local government officials in such 
    countries on the variety of United States-based technologies in 
    clean and efficient energy technologies for the purposes of 
    promoting United States exports and reducing global greenhouse gas 
    emissions.
    (b) Report.--The Secretary of Commerce shall submit to the 
appropriate congressional committees an annual report on the 
implementation of this section for each of the fiscal years 2008 
through 2012.
    (c) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated to the Secretary of Commerce 
such sums as may be necessary for each of the fiscal years 2008 through 
2012.

SEC. 913. UNITED STATES TRADE MISSIONS TO ENCOURAGE PRIVATE SECTOR 
              TRADE AND INVESTMENT.

    (a) Assistance Authorized.--The Secretary of Commerce shall direct 
the International Trade Administration to expand or create trade 
missions to and from the United States to encourage private sector 
trade and investment in clean and efficient energy technologies--
        (1) by organizing and facilitating trade missions to foreign 
    countries and by matching United States private sector companies 
    with opportunities in foreign markets so that clean and efficient 
    energy technologies can help to combat increases in global 
    greenhouse gas emissions; and
        (2) by creating reverse trade missions in which the Department 
    of Commerce facilitates the meeting of foreign private and public 
    sector organizations with private sector companies in the United 
    States for the purpose of showcasing clean and efficient energy 
    technologies in use or in development that could be exported to 
    other countries.
    (b) Report.--The Secretary of Commerce shall submit to the 
appropriate congressional committees an annual report on the 
implementation of this section for each of the fiscal years 2008 
through 2012.
    (c) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated to the Secretary of Commerce 
such sums as may be necessary for each of the fiscal years 2008 through 
2012.

SEC. 914. ACTIONS BY OVERSEAS PRIVATE INVESTMENT CORPORATION.

    (a) Sense of Congress.--It is the sense of Congress that the 
Overseas Private Investment Corporation should promote greater 
investment in clean and efficient energy technologies by--
        (1) proactively reaching out to United States companies that 
    are interested in investing in clean and efficient energy 
    technologies in countries that are significant contributors to 
    global greenhouse gas emissions;
        (2) giving preferential treatment to the evaluation and 
    awarding of projects that involve the investment or utilization of 
    clean and efficient energy technologies; and
        (3) providing greater flexibility in supporting projects that 
    involve the investment or utilization of clean and efficient energy 
    technologies, including financing, insurance, and other assistance.
    (b) Report.--The Overseas Private Investment Corporation shall 
include in its annual report required under section 240A of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2200a)--
        (1) a description of the activities carried out to implement 
    this section; or
        (2) if the Corporation did not carry out any activities to 
    implement this section, an explanation of the reasons therefor.

SEC. 915. ACTIONS BY UNITED STATES TRADE AND DEVELOPMENT AGENCY.

    (a) Assistance Authorized.--The Director of the Trade and 
Development Agency shall establish or support policies that--
        (1) proactively seek opportunities to fund projects that 
    involve the utilization of clean and efficient energy technologies, 
    including in trade capacity building and capital investment 
    projects;
        (2) where appropriate, advance the utilization of clean and 
    efficient energy technologies, particularly to countries that have 
    the potential for significant reduction in greenhouse gas 
    emissions; and
        (3) recruit and retain individuals with appropriate expertise 
    or experience in clean, renewable, and efficient energy 
    technologies to identify and evaluate opportunities for projects 
    that involve clean and efficient energy technologies and services.
    (b) Report.--The President shall include in the annual report on 
the activities of the Trade and Development Agency required under 
section 661(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2421(d)) a description of the activities carried out to implement this 
section.

SEC. 916. DEPLOYMENT OF INTERNATIONAL CLEAN AND EFFICIENT ENERGY 
              TECHNOLOGIES AND INVESTMENT IN GLOBAL ENERGY MARKETS.

    (a) Task Force.--
        (1) Establishment.--Not later than 90 days after the date of 
    the enactment of this Act, the President shall establish a Task 
    Force on International Cooperation for Clean and Efficient Energy 
    Technologies (in this section referred to as the ``Task Force'').
        (2) Composition.--The Task Force shall be composed of 
    representatives, appointed by the head of the respective Federal 
    department or agency, of--
            (A) the Council on Environmental Quality;
            (B) the Department of Energy;
            (C) the Department of Commerce;
            (D) the Department of the Treasury;
            (E) the Department of State;
            (F) the Environmental Protection Agency;
            (G) the United States Agency for International Development;
            (H) the Export-Import Bank of the United States;
            (I) the Overseas Private Investment Corporation:
            (J) the Trade and Development Agency;
            (K) the Small Business Administration;
            (L) the Office of the United States Trade Representative; 
        and
            (M) other Federal departments and agencies, as determined 
        by the President.
        (3) Chairperson.--The President shall designate a Chairperson 
    or Co-Chairpersons of the Task Force.
        (4) Duties.--The Task Force--
            (A) shall develop and assist in the implementation of the 
        strategy required under subsection (c); and
            (B)(i) shall analyze technology, policy, and market 
        opportunities for the development, demonstration, and 
        deployment of clean and efficient energy technologies on an 
        international basis; and
            (ii) shall examine relevant trade, tax, finance, 
        international, and other policy issues to assess which 
        policies, in the United States and in developing countries, 
        would help open markets and improve the export of clean and 
        efficient energy technologies from the United States.
        (5) Termination.--The Task Force, including any working group 
    established by the Task Force pursuant to subsection (b), shall 
    terminate 12 years after the date of the enactment of this Act.
    (b) Working Groups.--
        (1) Establishment.--The Task Force--
            (A) shall establish an Interagency Working Group on the 
        Export of Clean and Efficient Energy Technologies (in this 
        section referred to as the ``Interagency Working Group''); and
            (B) may establish other working groups as may be necessary 
        to carry out this section.
        (2) Composition.--The Interagency Working Group shall be 
    composed of--
            (A) the Secretary of Energy, the Secretary of Commerce, and 
        the Secretary of State, who shall serve as Co-Chairpersons of 
        the Interagency Working Group; and
            (B) other members, as determined by the Chairperson or Co-
        Chairpersons of the Task Force.
        (3) Duties.--The Interagency Working Group shall coordinate the 
    resources and relevant programs of the Department of Energy, the 
    Department of Commerce, the Department of State, and other relevant 
    Federal departments and agencies to support the export of clean and 
    efficient energy technologies developed or demonstrated in the 
    United States to other countries and the deployment of such clean 
    and efficient energy technologies in such other countries.
        (4) Interagency center.--The Interagency Working Group--
            (A) shall establish an Interagency Center on the Export of 
        Clean and Efficient Energy Technologies (in this section 
        referred to as the ``Interagency Center'') to assist the 
        Interagency Working Group in carrying out its duties required 
        under paragraph (3); and
            (B) shall locate the Interagency Center at a site agreed 
        upon by the Co-Chairpersons of the Interagency Working Group, 
        with the approval of the Chairperson or Co-Chairpersons of the 
        Task Force.
    (c) Strategy.--
        (1) In general.--Not later than 1 year after the date of the 
    enactment of this Act, the Task Force shall develop and submit to 
    the President and the appropriate congressional committees a 
    strategy to--
            (A) support the development and implementation of programs, 
        policies, and initiatives in developing countries to promote 
        the adoption and deployment of clean and efficient energy 
        technologies, with an emphasis on those developing countries 
        that are expected to experience the most significant growth in 
        energy production and use over the next 20 years;
            (B) open and expand clean and efficient energy technology 
        markets and facilitate the export of clean and efficient energy 
        technologies to developing countries, in a manner consistent 
        with United States obligations as a member of the World Trade 
        Organization;
            (C) integrate into the foreign policy objectives of the 
        United States the promotion of--
                (i) the deployment of clean and efficient energy 
            technologies and the reduction of greenhouse gas emissions 
            in developing countries; and
                (ii) the export of clean and efficient energy 
            technologies; and
            (D) develop financial mechanisms and instruments, including 
        securities that mitigate the political and foreign exchange 
        risks of uses that are consistent with the foreign policy 
        objectives of the United States by combining the private sector 
        market and government enhancements, that--
                (i) are cost-effective; and
                (ii) facilitate private capital investment in clean and 
            efficient energy technology projects in developing 
            countries.
        (2) Updates.--Not later than 3 years after the date of 
    submission of the strategy under paragraph (1), and every 3 years 
    thereafter, the Task Force shall update the strategy in accordance 
    with the requirements of paragraph (1).
    (d) Report.--
        (1) In general.--Not later than 3 years after the date of 
    submission of the strategy under subsection (c)(1), and every 3 
    years thereafter, the President shall transmit to the appropriate 
    congressional committees a report on the implementation of this 
    section for the prior 3-year period.
        (2) Matters to be included.--The report required under 
    paragraph (1) shall include the following:
            (A) The update of the strategy required under subsection 
        (c)(2) and a description of the actions taken by the Task Force 
        to assist in the implementation of the strategy.
            (B) A description of actions taken by the Task Force to 
        carry out the duties required under subsection (a)(4)(B).
            (C) A description of assistance provided under this 
        section.
            (D) The results of programs, projects, and activities 
        carried out under this section.
            (E) A description of priorities for promoting the diffusion 
        and adoption of clean and efficient energy technologies and 
        strategies in developing countries, taking into account 
        economic and security interests of the United States and 
        opportunities for the export of technology of the United 
        States.
            (F) Recommendations to the heads of appropriate Federal 
        departments and agencies on methods to streamline Federal 
        programs and policies to improve the role of such Federal 
        departments and agencies in the development, demonstration, and 
        deployment of clean and efficient energy technologies on an 
        international basis.
            (G) Strategies to integrate representatives of the private 
        sector and other interested groups on the export and deployment 
        of clean and efficient energy technologies.
            (H) A description of programs to disseminate information to 
        the private sector and the public on clean and efficient energy 
        technologies and opportunities to transfer such clean and 
        efficient energy technologies.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2008 through 2020.

SEC. 917. UNITED STATES-ISRAEL ENERGY COOPERATION.

    (a) Findings.--Congress finds that--
        (1) it is in the highest national security interests of the 
    United States to develop renewable energy sources;
        (2) the State of Israel is a steadfast ally of the United 
    States;
        (3) the special relationship between the United States and 
    Israel is manifested in a variety of cooperative scientific 
    research and development programs, such as--
            (A) the United States-Israel Binational Science Foundation; 
        and
            (B) the United States-Israel Binational Industrial Research 
        and Development Foundation;
        (4) those programs have made possible many scientific, 
    technological, and commercial breakthroughs in the fields of life 
    sciences, medicine, bioengineering, agriculture, biotechnology, 
    communications, and others;
        (5) on February 1, 1996, the Secretary of Energy (referred to 
    in this section as the ``Secretary'') and the Israeli Minister of 
    Energy and Infrastructure signed an agreement to establish a 
    framework for collaboration between the United States and Israel in 
    energy research and development activities;
        (6) Israeli scientists and engineers are at the forefront of 
    research and development in the field of renewable energy sources; 
    and
        (7) enhanced cooperation between the United States and Israel 
    for the purpose of research and development of renewable energy 
    sources would be in the national interests of both countries.
    (b) Grant Program.--
        (1) Establishment.--In implementing the agreement entitled the 
    ``Agreement between the Department of Energy of the United States 
    of America and the Ministry of Energy and Infrastructure of Israel 
    Concerning Energy Cooperation'', dated February 1, 1996, the 
    Secretary shall establish a grant program in accordance with the 
    requirements of sections 988 and 989 of the Energy Policy Act of 
    2005 (42 U.S.C. 16352, 16353) to support research, development, and 
    commercialization of renewable energy or energy efficiency.
        (2) Types of energy.--In carrying out paragraph (1), the 
    Secretary may make grants to promote--
            (A) solar energy;
            (B) biomass energy;
            (C) energy efficiency;
            (D) wind energy;
            (E) geothermal energy;
            (F) wave and tidal energy; and
            (G) advanced battery technology.
        (3) Eligible applicants.--An applicant shall be eligible to 
    receive a grant under this subsection if the project of the 
    applicant--
            (A) addresses a requirement in the area of improved energy 
        efficiency or renewable energy sources, as determined by the 
        Secretary; and
            (B) is a joint venture between--
                (i)(I) a for-profit business entity, academic 
            institution, National Laboratory (as defined in section 2 
            of the Energy Policy Act of 2005 (42 U.S.C. 15801)), or 
            nonprofit entity in the United States; and
                (II) a for-profit business entity, academic 
            institution, or nonprofit entity in Israel; or
                (ii)(I) the Federal Government; and
                (II) the Government of Israel.
        (4) Applications.--To be eligible to receive a grant under this 
    subsection, an applicant shall submit to the Secretary an 
    application for the grant in accordance with procedures established 
    by the Secretary, in consultation with the advisory board 
    established under paragraph (5).
        (5) Advisory board.--
            (A) Establishment.--The Secretary shall establish an 
        advisory board--
                (i) to monitor the method by which grants are awarded 
            under this subsection; and
                (ii) to provide to the Secretary periodic performance 
            reviews of actions taken to carry out this subsection.
            (B) Composition.--The advisory board established under 
        subparagraph (A) shall be composed of 3 members, to be 
        appointed by the Secretary, of whom--
                (i) 1 shall be a representative of the Federal 
            Government;
                (ii) 1 shall be selected from a list of nominees 
            provided by the United States-Israel Binational Science 
            Foundation; and
                (iii) 1 shall be selected from a list of nominees 
            provided by the United States-Israel Binational Industrial 
            Research and Development Foundation.
        (6) Contributed funds.--Notwithstanding section 3302 of title 
    31, United States Code, the Secretary may accept, retain, and use 
    funds contributed by any person, government entity, or organization 
    for purposes of carrying out this subsection--
            (A) without further appropriation; and
            (B) without fiscal year limitation.
        (7) Report.--Not later than 180 days after the date of 
    completion of a project for which a grant is provided under this 
    subsection, the grant recipient shall submit to the Secretary a 
    report that contains--
            (A) a description of the method by which the recipient used 
        the grant funds; and
            (B) an evaluation of the level of success of each project 
        funded by the grant.
        (8) Classification.--Grants shall be awarded under this 
    subsection only for projects that are considered to be unclassified 
    by both the United States and Israel.
    (c) Termination.--The grant program and the advisory committee 
established under this section terminate on the date that is 7 years 
after the date of enactment of this Act.
    (d) Authorization of Appropriations.--The Secretary shall use 
amounts authorized to be appropriated under section 931 of the Energy 
Policy Act of 2005 (42 U.S.C. 16231) to carry out this section.

           Subtitle B--International Clean Energy Foundation

SEC. 921. DEFINITIONS.

    In this subtitle:
        (1) Board.--The term ``Board'' means the Board of Directors of 
    the Foundation established pursuant to section 922(c).
        (2) Chief executive officer.--The term ``Chief Executive 
    Officer'' means the chief executive officer of the Foundation 
    appointed pursuant to section 922(b).
        (3) Foundation.--The term ``Foundation'' means the 
    International Clean Energy Foundation established by section 
    922(a).

SEC. 922. ESTABLISHMENT AND MANAGEMENT OF FOUNDATION.

    (a) Establishment.--
        (1) In general.--There is established in the executive branch a 
    foundation to be known as the ``International Clean Energy 
    Foundation'' that shall be responsible for carrying out the 
    provisions of this subtitle. The Foundation shall be a government 
    corporation, as defined in section 103 of title 5, United States 
    Code.
        (2) Board of directors.--The Foundation shall be governed by a 
    Board of Directors in accordance with subsection (c).
        (3) Intent of congress.--It is the intent of Congress, in 
    establishing the structure of the Foundation set forth in this 
    subsection, to create an entity that serves the long-term foreign 
    policy and energy security goals of reducing global greenhouse gas 
    emissions.
    (b) Chief Executive Officer.--
        (1) In general.--There shall be in the Foundation a Chief 
    Executive Officer who shall be responsible for the management of 
    the Foundation.
        (2) Appointment.--The Chief Executive Officer shall be 
    appointed by the Board, with the advice and consent of the Senate, 
    and shall be a recognized leader in clean and efficient energy 
    technologies and climate change and shall have experience in energy 
    security, business, or foreign policy, chosen on the basis of a 
    rigorous search.
        (3) Relationship to board.--The Chief Executive Officer shall 
    report to, and be under the direct authority of, the Board.
        (4) Compensation and rank.--
            (A) In general.--The Chief Executive Officer shall be 
        compensated at the rate provided for level III of the Executive 
        Schedule under section 5314 of title 5, United States Code.
            (B) Amendment.--Section 5314 of title 5, United States 
        Code, is amended by adding at the end the following:
    ``Chief Executive Officer, International Clean Energy 
    Foundation.''.
            (C) Authorities and duties.--The Chief Executive Officer 
        shall be responsible for the management of the Foundation and 
        shall exercise the powers and discharge the duties of the 
        Foundation.
            (D) Authority to appoint officers.--In consultation and 
        with approval of the Board, the Chief Executive Officer shall 
        appoint all officers of the Foundation.
    (c) Board of Directors.--
        (1) Establishment.--There shall be in the Foundation a Board of 
    Directors.
        (2) Duties.--The Board shall perform the functions specified to 
    be carried out by the Board in this subtitle and may prescribe, 
    amend, and repeal bylaws, rules, regulations, and procedures 
    governing the manner in which the business of the Foundation may be 
    conducted and in which the powers granted to it by law may be 
    exercised.
        (3) Membership.--The Board shall consist of--
            (A) the Secretary of State (or the Secretary's designee), 
        the Secretary of Energy (or the Secretary's designee), and the 
        Administrator of the United States Agency for International 
        Development (or the Administrator's designee); and
            (B) four other individuals with relevant experience in 
        matters relating to energy security (such as individuals who 
        represent institutions of energy policy, business 
        organizations, foreign policy organizations, or other relevant 
        organizations) who shall be appointed by the President, by and 
        with the advice and consent of the Senate, of whom--
                (i) one individual shall be appointed from among a list 
            of individuals submitted by the Majority Leader of the 
            House of Representatives;
                (ii) one individual shall be appointed from among a 
            list of individuals submitted by the Minority Leader of the 
            House of Representatives;
                (iii) one individual shall be appointed from among a 
            list of individuals submitted by the Majority Leader of the 
            Senate; and
                (iv) one individual shall be appointed from among a 
            list of individuals submitted by the Minority Leader of the 
            Senate.
        (4) Chief executive officer.--The Chief Executive Officer of 
    the Foundation shall serve as a nonvoting, ex officio member of the 
    Board.
        (5) Terms.--
            (A) Officers of the federal government.--Each member of the 
        Board described in paragraph (3)(A) shall serve for a term that 
        is concurrent with the term of service of the individual's 
        position as an officer within the other Federal department or 
        agency.
            (B) Other members.--Each member of the Board described in 
        paragraph (3)(B) shall be appointed for a term of 3 years and 
        may be reappointed for a term of an additional 3 years.
            (C) Vacancies.--A vacancy in the Board shall be filled in 
        the manner in which the original appointment was made.
            (D) Acting members.--A vacancy in the Board may be filled 
        with an appointment of an acting member by the Chairperson of 
        the Board for up to 1 year while a nominee is named and awaits 
        confirmation in accordance with paragraph (3)(B).
        (6) Chairperson.--There shall be a Chairperson of the Board. 
    The Secretary of State (or the Secretary's designee) shall serve as 
    the Chairperson.
        (7) Quorum.--A majority of the members of the Board described 
    in paragraph (3) shall constitute a quorum, which, except with 
    respect to a meeting of the Board during the 135-day period 
    beginning on the date of the enactment of this Act, shall include 
    at least 1 member of the Board described in paragraph (3)(B).
        (8) Meetings.--The Board shall meet at the call of the 
    Chairperson, who shall call a meeting no less than once a year.
        (9) Compensation.--
            (A) Officers of the federal government.--
                (i) In general.--A member of the Board described in 
            paragraph (3)(A) may not receive additional pay, 
            allowances, or benefits by reason of the member's service 
            on the Board.
                (ii) Travel expenses.--Each such member of the Board 
            shall receive travel expenses, including per diem in lieu 
            of subsistence, in accordance with applicable provisions 
            under subchapter I of chapter 57 of title 5, United States 
            Code.
            (B) Other members.--
                (i) In general.--Except as provided in clause (ii), a 
            member of the Board described in paragraph (3)(B)--

                    (I) shall be paid compensation out of funds made 
                available for the purposes of this subtitle at the 
                daily equivalent of the highest rate payable under 
                section 5332 of title 5, United States Code, for each 
                day (including travel time) during which the member is 
                engaged in the actual performance of duties as a member 
                of the Board; and
                    (II) while away from the member's home or regular 
                place of business on necessary travel in the actual 
                performance of duties as a member of the Board, shall 
                be paid per diem, travel, and transportation expenses 
                in the same manner as is provided under subchapter I of 
                chapter 57 of title 5, United States Code.

                (ii) Limitation.--A member of the Board may not be paid 
            compensation under clause (i)(II) for more than 90 days in 
            any calendar year.

SEC. 923. DUTIES OF FOUNDATION.

    The Foundation shall--
        (1) use the funds authorized by this subtitle to make grants to 
    promote projects outside of the United States that serve as models 
    of how to significantly reduce the emissions of global greenhouse 
    gases through clean and efficient energy technologies, processes, 
    and services;
        (2) seek contributions from foreign governments, especially 
    those rich in energy resources such as member countries of the 
    Organization of the Petroleum Exporting Countries, and private 
    organizations to supplement funds made available under this 
    subtitle;
        (3) harness global expertise through collaborative partnerships 
    with foreign governments and domestic and foreign private actors, 
    including nongovernmental organizations and private sector 
    companies, by leveraging public and private capital, technology, 
    expertise, and services towards innovative models that can be 
    instituted to reduce global greenhouse gas emissions;
        (4) create a repository of information on best practices and 
    lessons learned on the utilization and implementation of clean and 
    efficient energy technologies and processes to be used for future 
    initiatives to tackle the climate change crisis;
        (5) be committed to minimizing administrative costs and to 
    maximizing the availability of funds for grants under this 
    subtitle; and
        (6) promote the use of American-made clean and efficient energy 
    technologies, processes, and services by giving preference to 
    entities incorporated in the United States and whose technology 
    will be substantially manufactured in the United States.

SEC. 924. ANNUAL REPORT.

    (a) Report Required.--Not later than March 31, 2008, and each March 
31 thereafter, the Foundation shall submit to the appropriate 
congressional committees a report on the implementation of this 
subtitle during the prior fiscal year.
    (b) Contents.--The report required by subsection (a) shall 
include--
        (1) the total financial resources available to the Foundation 
    during the year, including appropriated funds, the value and source 
    of any gifts or donations accepted pursuant to section 925(a)(6), 
    and any other resources;
        (2) a description of the Board's policy priorities for the year 
    and the basis upon which competitive grant proposals were solicited 
    and awarded to nongovernmental institutions and other 
    organizations;
        (3) a list of grants made to nongovernmental institutions and 
    other organizations that includes the identity of the institutional 
    recipient, the dollar amount, and the results of the program; and
        (4) the total administrative and operating expenses of the 
    Foundation for the year, as well as specific information on--
            (A) the number of Foundation employees and the cost of 
        compensation for Board members, Foundation employ-
        ees, and personal service contractors;
            (B) costs associated with securing the use of real property 
        for carrying out the functions of the Foundation;
            (C) total travel expenses incurred by Board members and 
        Foundation employees in connection with Foundation activities; 
        and
            (D) total representational expenses.

SEC. 925. POWERS OF THE FOUNDATION; RELATED PROVISIONS.

    (a) Powers.--The Foundation--
        (1) shall have perpetual succession unless dissolved by a law 
    enacted after the date of the enactment of this Act;
        (2) may adopt, alter, and use a seal, which shall be judicially 
    noticed;
        (3) may make and perform such contracts, grants, and other 
    agreements with any person or government however designated and 
    wherever situated, as may be necessary for carrying out the 
    functions of the Foundation;
        (4) may determine and prescribe the manner in which its 
    obligations shall be incurred and its expenses allowed and paid, 
    including expenses for representation;
        (5) may lease, purchase, or otherwise acquire, improve, and use 
    such real property wherever situated, as may be necessary for 
    carrying out the functions of the Foundation;
        (6) may accept money, funds, services, or property (real, 
    personal, or mixed), tangible or intangible, made available by 
    gift, bequest grant, or otherwise for the purpose of carrying out 
    the provisions of this title from domestic or foreign private 
    individuals, charities, nongovernmental organizations, 
    corporations, or governments;
        (7) may use the United States mails in the same manner and on 
    the same conditions as the executive departments;
        (8) may contract with individuals for personal services, who 
    shall not be considered Federal employees for any provision of law 
    administered by the Office of Personnel Management;
        (9) may hire or obtain passenger motor vehicles; and
        (10) shall have such other powers as may be necessary and 
    incident to carrying out this subtitle.
    (b) Principal Office.--The Foundation shall maintain its principal 
office in the metropolitan area of Washington, District of Columbia.
    (c) Applicability of Government Corporation Control Act.--
        (1) In general.--The Foundation shall be subject to chapter 91 
    of subtitle VI of title 31, United States Code, except that the 
    Foundation shall not be authorized to issue obligations or offer 
    obligations to the public.
        (2) Conforming amendment.--Section 9101(3) of title 31, United 
    States Code, is amended by adding at the end the following:
            ``(R) the International Clean Energy Foundation.''.
    (d) Inspector General.--
        (1) In general.--The Inspector General of the Department of 
    State shall serve as Inspector General of the Foundation, and, in 
    acting in such capacity, may conduct reviews, investigations, and 
    inspections of all aspects of the operations and activities of the 
    Foundation.
        (2) Authority of the board.--In carrying out the 
    responsibilities under this subsection, the Inspector General shall 
    report to and be under the general supervision of the Board.
        (3) Reimbursement and authorization of services.--
            (A) Reimbursement.--The Foundation shall reimburse the 
        Department of State for all expenses incurred by the Inspector 
        General in connection with the Inspector General's 
        responsibilities under this subsection.
            (B) Authorization for services.--Of the amount authorized 
        to be appropriated under section 927(a) for a fiscal year, up 
        to $500,000 is authorized to be made available to the Inspector 
        General of the Department of State to conduct reviews, 
        investigations, and inspections of operations and activities of 
        the Foundation.

SEC. 926. GENERAL PERSONNEL AUTHORITIES.

    (a) Detail of Personnel.--Upon request of the Chief Executive 
Officer, the head of an agency may detail any employee of such agency 
to the Foundation on a reimbursable basis. Any employee so detailed 
remains, for the purpose of preserving such employee's allowances, 
privileges, rights, seniority, and other benefits, an employee of the 
agency from which detailed.
    (b) Reemployment Rights.--
        (1) In general.--An employee of an agency who is serving under 
    a career or career conditional appointment (or the equivalent), and 
    who, with the consent of the head of such agency, transfers to the 
    Foundation, is entitled to be reemployed in such employee's former 
    position or a position of like seniority, status, and pay in such 
    agency, if such employee--
            (A) is separated from the Foundation for any reason, other 
        than misconduct, neglect of duty, or malfeasance; and
            (B) applies for reemployment not later than 90 days after 
        the date of separation from the Foundation.
        (2) Specific rights.--An employee who satisfies paragraph (1) 
    is entitled to be reemployed (in accordance with such paragraph) 
    within 30 days after applying for reemployment and, on 
    reemployment, is entitled to at least the rate of basic pay to 
    which such employee would have been entitled had such employee 
    never transferred.
    (c) Hiring Authority.--Of persons employed by the Foundation, no 
more than 30 persons may be appointed, compensated, or removed without 
regard to the civil service laws and regulations.
    (d) Basic Pay.--The Chief Executive Officer may fix the rate of 
basic pay of employees of the Foundation without regard to the 
provisions of chapter 51 of title 5, United States Code (relating to 
the classification of positions), subchapter III of chapter 53 of such 
title (relating to General Schedule pay rates), except that no employee 
of the Foundation may receive a rate of basic pay that exceeds the rate 
for level IV of the Executive Schedule under section 5315 of such 
title.
    (e) Definitions.--In this section--
        (1) the term ``agency'' means an executive agency, as defined 
    by section 105 of title 5, United States Code; and
        (2) the term ``detail'' means the assignment or loan of an 
    employee, without a change of position, from the agency by which 
    such employee is employed to the Foundation.

SEC. 927. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--To carry out this subtitle, 
there are authorized to be appropriated $20,000,000 for each of the 
fiscal years 2009 through 2013.
    (b) Allocation of Funds.--
        (1) In general.--The Foundation may allocate or transfer to any 
    agency of the United States Government any of the funds available 
    for carrying out this subtitle. Such funds shall be available for 
    obligation and expenditure for the purposes for which the funds 
    were authorized, in accordance with authority granted in this 
    subtitle or under authority governing the activities of the United 
    States Government agency to which such funds are allocated or 
    transferred.
        (2) Notification.--The Foundation shall notify the appropriate 
    congressional committees not less than 15 days prior to an 
    allocation or transfer of funds pursuant to paragraph (1).

                  Subtitle C--Miscellaneous Provisions

SEC. 931. ENERGY DIPLOMACY AND SECURITY WITHIN THE DEPARTMENT OF STATE.

    (a) State Department Coordinator for International Energy 
Affairs.--
        (1) In general.--The Secretary of State should ensure that 
    energy security is integrated into the core mission of the 
    Department of State.
        (2) Coordinator for international energy affairs.--There is 
    established within the Office of the Secretary of State a 
    Coordinator for International Energy Affairs, who shall be 
    responsible for--
            (A) representing the Secretary of State in interagency 
        efforts to develop the international energy policy of the 
        United States;
            (B) ensuring that analyses of the national security 
        implications of global energy and environmental developments 
        are reflected in the decision making process within the 
        Department of State;
            (C) incorporating energy security priorities into the 
        activities of the Department of State;
            (D) coordinating energy activities of the Department of 
        State with relevant Federal agencies; and
            (E) coordinating energy security and other relevant 
        functions within the Department of State currently undertaken 
        by offices within--
                (i) the Bureau of Economic, Energy and Business 
            Affairs;
                (ii) the Bureau of Oceans and International 
            Environmental and Scientific Affairs; and
                (iii) other offices within the Department of State.
        (3) Authorization of appropriations.--There are authorized to 
    be appropriated such sums as may be necessary to carry out this 
    subsection.
    (b) Energy Experts in Key Embassies.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary of State shall 
submit a report to the Committee on Foreign Relations of the Senate and 
the Committee on Foreign Affairs of the House of Representatives that 
includes--
        (1) a description of the Department of State personnel who are 
    dedicated to energy matters and are stationed at embassies and 
    consulates in countries that are major energy producers or 
    consumers;
        (2) an analysis of the need for Federal energy specialist 
    personnel in United States embassies and other United States 
    diplomatic missions; and
        (3) recommendations for increasing energy expertise within 
    United States embassies among foreign service officers and options 
    for assigning to such embassies energy attaches from the National 
    Laboratories or other agencies within the Department of Energy.
    (c) Energy Advisors.--The Secretary of Energy may make appropriate 
arrangements with the Secretary of State to assign personnel from the 
Department of Energy or the National Laboratories of the Department of 
Energy to serve as dedicated advisors on energy matters in embassies of 
the United States or other United States diplomatic missions.
    (d) Report.--Not later than 180 days after the date of the 
enactment of this Act, and every 2 years thereafter for the following 
20 years, the Secretary of State shall submit a report to the Committee 
on Foreign Relations of the Senate and the Committee on Foreign Affairs 
of the House of Representatives that describes--
        (1) the energy-related activities being conducted by the 
    Department of State, including activities within--
            (A) the Bureau of Economic, Energy and Business Affairs;
            (B) the Bureau of Oceans and Environmental and Scientific 
        Affairs; and
            (C) other offices within the Department of State;
        (2) the amount of funds spent on each activity within each 
    office described in paragraph (1); and
        (3) the number and qualification of personnel in each embassy 
    (or relevant foreign posting) of the United States whose work is 
    dedicated exclusively to energy matters.

SEC. 932. 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. 933. 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. 934. 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) the Price-Anderson 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 nuclear incidents 
        that are not covered by the Price-Anderson Act 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 of 
        funds to compensate damage arising out of the Price-Anderson 
        incident;
            (F) the combined operation of the Convention, the Price-
        Anderson Act, 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 
        does not--
                (i) upset settled expectations based on the liability 
            regime established under the Price-Anderson Act; or
                (ii) shift to Federal taxpayers liability risks for 
            nuclear incidents at foreign installations;
            (I) with respect to a Price-Anderson incident, funds 
        already available under the Price-Anderson Act should be used; 
        and
            (J) with respect to a nuclear incident outside the United 
        States not covered by the Price-Anderson Act, 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 under 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 the 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 
            the 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 under 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) Savings provision.--Nothing in this paragraph may be 
        construed to limit, modify, extinguish, or otherwise affect 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 Executive Order or 
    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 shall take effect on the date of 
the enactment of this Act.

SEC. 935. TRANSPARENCY IN EXTRACTIVE INDUSTRIES RESOURCE PAYMENTS.

    (a) Purpose.--The purpose of this section is to--
        (1) ensure greater United States energy security by combating 
    corruption in the governments of foreign countries that receive 
    revenues from the sale of their natural resources; and
        (2) enhance the development of democracy and increase political 
    and economic stability in such resource rich foreign countries.
    (b) Statement of Policy.--It is the policy of the United States--
        (1) to increase energy security by promoting anti-corruption 
    initiatives in oil and natural gas rich countries; and
        (2) to promote global energy security through promotion of 
    programs such as the Extractive Industries Transparency Initiative 
    (EITI) that seek to instill transparency and accountability into 
    extractive industries resource payments.
    (c) Sense of Congress.--It is the sense of Congress that the United 
States should further global energy security and promote democratic 
development in resource-rich foreign countries by--
        (1) encouraging further participation in the EITI by eligible 
    countries and companies; and
        (2) promoting the efficacy of the EITI program by ensuring a 
    robust and candid review mechanism.
    (d) Report.--
        (1) Report required.--Not later than 180 days after the date of 
    the enactment of this Act, and annually thereafter, the Secretary 
    of State, in consultation with the Secretary of Energy, shall 
    submit to the appropriate congressional committees a report on 
    progress made in promoting transparency in extractive industries 
    resource payments.
        (2) Matters to be included.--The report required by paragraph 
    (1) shall include a detailed description of United States 
    participation in the EITI, bilateral and multilateral diplomatic 
    efforts to further participation in the EITI, and other United 
    States initiatives to strengthen energy security, deter energy 
    kleptocracy, and promote transparency in the extractive industries.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated $3,000,000 for the purposes of United States contributions 
to the Multi-Donor Trust Fund of the EITI.

                          TITLE X--GREEN JOBS

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Green Jobs Act of 2007''.

SEC. 1002. ENERGY EFFICIENCY AND RENEWABLE ENERGY WORKER TRAINING 
              PROGRAM.

    Section 171 of the Workforce Investment Act of 1998 (29 U.S.C. 
2916) is amended by adding at the end the following:
    ``(e) Energy Efficiency and Renewable Energy Worker Training 
Program.--
        ``(1) Grant program.--
            ``(A) In general.--Not later than 6 months after the date 
        of enactment of the Green Jobs Act of 2007, 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 (2) 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 eligible individuals to be 
            given priority for training and other services shall 
            include--

                    ``(I) workers impacted by national energy and 
                environmental policy;
                    ``(II) individuals in need of updated training 
                related to the energy efficiency and renewable energy 
                industries;
                    ``(III) veterans, or past and present members of 
                reserve components of the Armed Forces;
                    ``(IV) unemployed individuals;
                    ``(V) individuals, including at-risk youth, seeking 
                employment pathways out of poverty and into economic 
                self-sufficiency; and
                    ``(VI) formerly incarcerated, adjudicated, 
                nonviolent offenders; and

                ``(ii) energy efficiency and renewable energy 
            industries eligible to participate in a program under this 
            subsection 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 biofuels industry;
                    ``(V) the deconstruction and materials use 
                industries;
                    ``(VI) the energy efficiency assessment industry 
                serving the residential, commercial, or industrial 
                sectors; and
                    ``(VII) manufacturers that produce sustainable 
                products using environmentally sustainable processes 
                and materials.

        ``(2) Activities.--
            ``(A) National research program.--Under the program 
        established under paragraph (1), the Secretary, acting through 
        the Bureau of Labor Statistics, where appropriate, shall 
        collect and analyze labor market data to track workforce trends 
        resulting from energy-related initiatives carried out under 
        this subsection. Activities carried out under this paragraph 
        shall include--
                ``(i) tracking and documentation of academic and 
            occupational competencies as well as future skill needs 
            with respect to renewable energy and energy efficiency 
            technology;
                ``(ii) tracking and documentation of occupational 
            information and workforce training data with respect to 
            renewable energy and energy efficiency technology;
                ``(iii) collaborating with State agencies, workforce 
            investments boards, industry, organized labor, and 
            community and nonprofit organizations to disseminate 
            information on successful innovations for labor market 
            services and worker training with respect to renewable 
            energy and energy efficiency technology;
                ``(iv) serving as a clearinghouse for best practices in 
            workforce development, job placement, and collaborative 
            training partnerships;
                ``(v) encouraging the establishment of workforce 
            training initiatives with respect to renewable energy and 
            energy efficiency technologies;
                ``(vi) linking research and development in renewable 
            energy and energy efficiency technology with the 
            development of standards and curricula for current and 
            future jobs;
                ``(vii) assessing new employment and work practices 
            including career ladder and upgrade training as well as 
            high performance work systems; and
                ``(viii) providing technical assistance and capacity 
            building to national and State energy partnerships, 
            including industry and labor representatives.
            ``(B) National energy training partnership grants.--
                ``(i) In general.--Under the program established under 
            paragraph (1), the Secretary shall award National Energy 
            Training Partnerships Grants on a competitive basis to 
            eligible entities to enable such entities to carry out 
            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 nonprofit 
            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 workforce investment 
                boards, community-based organizations, qualified 
                service and conservation corps, 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 individuals who would benefit 
                    from training and be actively involved in 
                    activities related to energy efficiency and 
                    renewable energy industries; and
                        ``(cc) the ability to help individuals achieve 
                    economic self-sufficiency.
                ``(iii) Priority.--Priority shall be given to 
            partnerships which leverage additional public and private 
            resources to fund training programs, including cash or in-
            kind matches from participating employers.
            ``(C) State labor market research, information, and labor 
        exchange research program.--
                ``(i) In general.--Under the program established under 
            paragraph (1), the Secretary shall award competitive grants 
            to States to enable such States to administer labor market 
            and labor exchange information programs that include the 
            implementation of the activities described in clause (ii), 
            in coordination with the one-stop delivery system.
                ``(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 (1), 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) Partnerships.--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.
                ``(iii) Eligibility.--To be eligible to receive a grant 
            under this subparagraph, a State Energy Sector Partnership 
            shall--

                    ``(I) consist of nonprofit 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, the workforce investment system, 
                including one-stop career centers, community based 
                organizations, qualified service and conservation 
                corps, community colleges, and other post-secondary 
                institutions, small businesses, cooperatives, State and 
                local veterans agencies, and veterans service 
                organizations;
                    ``(II) demonstrate experience in implementing and 
                operating worker skills training and education 
                programs; and
                    ``(III) demonstrate the ability to identify and 
                involve in training programs, target populations of 
                workers who would benefit from training and be actively 
                involved in activities related to energy efficiency and 
                renewable energy industries.

                ``(iv) Priority.--In awarding grants under this 
            subparagraph, the Secretary shall give priority to States 
            that demonstrate that activities under the grant--

                    ``(I) meet national energy policies associated with 
                energy efficiency, renewable energy, and the reduction 
                of emissions of greenhouse gases;
                    ``(II) meet State energy policies associated with 
                energy efficiency, renewable energy, and the reduction 
                of emissions of greenhouse gases; and
                    ``(III) leverage additional public and private 
                resources to fund training programs, including cash or 
                in-kind matches from participating employers.

                ``(v) Coordination.--A grantee under this subparagraph 
            shall coordinate activities carried out under the grant 
            with existing other appropriate training programs, 
            including apprenticeship and labor management training 
            programs, including such activities referenced in paragraph 
            (3)(A), and implement training programs that lead to the 
            economic self-sufficiency of trainees.
            ``(E) Pathways out of poverty demonstration program.--
                ``(i) In general.--Under the program established under 
            paragraph (1), the Secretary shall award competitive grants 
            of sufficient size to eligible entities to enable such 
            entities to carry out training that leads to economic self-
            sufficiency. The Secretary shall give priority to entities 
            that serve individuals in families with income of less than 
            200 percent of the sufficiency standard for the local areas 
            where the training is conducted that specifies, as defined 
            by the State, or where such standard is not established, 
            the income needs of families, by family size, the number 
            and ages of children in the family, and sub-State 
            geographical considerations. Grants shall be awarded to 
            ensure geographic diversity.
                ``(ii) Eligible entities.--To be eligible to receive a 
            grant an entity shall be a partnership that--

                    ``(I) includes community-based nonprofit 
                organizations, educational institutions with expertise 
                in serving low-income adults or youth, public or 
                private employers from the industry sectors described 
                in paragraph (1)(B)(ii), and labor organizations 
                representing workers in such industry sectors;
                    ``(II) demonstrates a record of successful 
                experience in implementing and operating worker skills 
                training and education programs;
                    ``(III) coordinates activities, where appropriate, 
                with the workforce investment system; and
                    ``(IV) demonstrates the ability to recruit 
                individuals for training and to support such 
                individuals to successful completion in training 
                programs carried out under this grant, targeting 
                populations of workers who are or will be engaged in 
                activities related to energy efficiency and renewable 
                energy industries.

                ``(iii) Priorities.--In awarding grants under this 
            paragraph, the Secretary shall give priority to applicants 
            that--

                    ``(I) target programs to benefit low-income 
                workers, unemployed youth and adults, high school 
                dropouts, or other underserved sectors of the workforce 
                within areas of high poverty;
                    ``(II) ensure that supportive services are 
                integrated with education and training, and delivered 
                by organizations with direct access to and experience 
                with targeted populations;
                    ``(III) leverage additional public and private 
                resources to fund training programs, including cash or 
                in-kind matches from participating employers;
                    ``(IV) involve employers and labor organizations in 
                the determination of relevant skills and competencies 
                and ensure that the certificates or credentials that 
                result from the training are employer-recognized;
                    ``(V) deliver courses at alternative times (such as 
                evening and weekend programs) and locations most 
                convenient and accessible to participants and link 
                adult remedial education with occupational skills 
                training; and
                    ``(VI) demonstrate substantial experience in 
                administering local, municipal, State, Federal, 
                foundation, or private entity grants.

                ``(iv) Data collection.--Grantees shall collect and 
            report the following information:

                    ``(I) The number of participants.
                    ``(II) The demographic characteristics of 
                participants, including race, gender, age, parenting 
                status, participation in other Federal programs, 
                education and literacy level at entry, significant 
                barriers to employment (such as limited English 
                proficiency, criminal record, addiction or mental 
                health problem requiring treatment, or mental 
                disability).
                    ``(III) The services received by participants, 
                including training, education, and supportive services.
                    ``(IV) The amount of program spending per 
                participant.
                    ``(V) Program completion rates.
                    ``(VI) Factors determined as significantly 
                interfering with program participation or completion.
                    ``(VII) The rate of job placement and the rate of 
                employment retention after 1 year.
                    ``(VIII) The average wage at placement, including 
                any benefits, and the rate of average wage increase 
                after 1 year.
                    ``(IX) Any post-employment supportive services 
                provided.

            The Secretary shall assist grantees in the collection of 
            data under this clause by making available, where 
            practicable, low-cost means of tracking the labor market 
            outcomes of participants, and by providing standardized 
            reporting forms, where appropriate.
        ``(3) Activities.--
            ``(A) In general.--Activities to be carried out under a 
        program authorized by subparagraph (B), (D), or (E) of 
        paragraph (2) shall be coordinated with existing systems or 
        providers, as appropriate. Such activities may include--
                ``(i) occupational skills training, including 
            curriculum development, on-the-job training, and classroom 
            training;
                ``(ii) 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, or any training program 
            leading to an industry-recognized certificate;
                ``(v) internship programs in fields related to energy 
            efficiency and renewable energy;
                ``(vi) customized training in conjunction with an 
            existing registered apprenticeship program or labor-
            management partnership;
                ``(vii) incumbent worker and career ladder training and 
            skill upgrading and retraining;
                ``(viii) the implementation of transitional jobs 
            strategies; and
                ``(ix) the provision of supportive services.
            ``(B) Outreach activities.--In addition to the activities 
        authorized under subparagraph (A), activities authorized for 
        programs under subparagraph (E) of paragraph (2) may include 
        the provision of outreach, recruitment, career guidance, and 
        case management services.
        ``(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 Act, the 
        labor organization shall be provided an opportunity to be 
        consulted and to submit comments in regard to such a proposal.
        ``(5) Performance measures.--
            ``(A) In general.--The Secretary shall negotiate and reach 
        agreement with the eligible entities that receive grants and 
        assistance under this section on performance measures for the 
        indicators of performance referred to in subparagraphs (A) and 
        (B) of section 136(b)(2) that will be used to evaluate the 
        performance of the eligible entity in carrying out the 
        activities described in subsection (e)(2). Each performance 
        measure shall consist of such an indicator of performance, and 
        a performance level referred to in subparagraph (B).
            ``(B) Performance levels.--The Secretary shall negotiate 
        and reach agreement with the eligible entity regarding the 
        levels of performance expected to be achieved by the eligible 
        entity on the indicators of performance.
        ``(6) Report.--
            ``(A) Status report.--Not later than 18 months after the 
        date of enactment of the Green Jobs Act of 2007, the Secretary 
        shall transmit a report to the Senate Committee on Energy and 
        Natural Resources, the Senate Committee on Health, Education, 
        Labor, and Pensions, the House Committee on Education and 
        Labor, and the House Committee on Energy and Commerce on the 
        training program established by this subsection. The report 
        shall include a description of the entities receiving funding 
        and the activities carried out by such entities.
            ``(B) Evaluation.--Not later than 3 years after the date of 
        enactment of such Act, the Secretary shall transmit to the 
        Senate Committee on Energy and Natural Resources, the Senate 
        Committee on Health, Education, Labor, and Pensions, the House 
        Committee on Education and Labor, and the House Committee on 
        Energy and Commerce an assessment of such program and an 
        evaluation of the activities carried out by entities receiving 
        funding from such program.
        ``(7) Definition.--As used in this subsection, the term 
    `renewable energy' has the meaning given such term in section 
    203(b)(2) of the Energy Policy Act of 2005 (Public Law 109-58).
        ``(8) Authorization of appropriations.--There is authorized to 
    be appropriated to carry out this subsection, $125,000,000 for each 
    fiscal year, of which--
            ``(A) not to exceed 20 percent of the amount appropriated 
        in each such fiscal year shall be made available for, and shall 
        be equally divided between, national labor market research and 
        information under paragraph (2)(A) and State labor market 
        information and labor exchange research under paragraph (2)(C), 
        and not more than 2 percent of such amount shall be for the 
        evaluation and report required under paragraph (4);
            ``(B) 20 percent shall be dedicated to Pathways Out of 
        Poverty Demonstration Programs under paragraph (2)(E); and
            ``(C) the remainder shall be divided equally between 
        National Energy Partnership Training Grants under paragraph 
        (2)(B) and State energy training partnership grants under 
        paragraph (2)(D).''.

           TITLE XI--ENERGY TRANSPORTATION AND INFRASTRUCTURE
                Subtitle A--Department of Transportation

SEC. 1101. OFFICE OF CLIMATE CHANGE AND ENVIRONMENT.

    (a) In General.--Section 102 of title 49, United States Code, is 
amended--
        (1) by redesignating subsection (g) as subsection (h); and
        (2) by inserting after subsection (f) the following:
    ``(g) Office of Climate Change and Environment.--
        ``(1) Establishment.--There is established in the Department an 
    Office of Climate Change and Environment to plan, coordinate, and 
    implement--
            ``(A) department-wide research, strategies, and actions 
        under the Department's statutory authority to reduce 
        transportation-related energy use and mitigate the effects of 
        climate change; and
            ``(B) department-wide research strategies and actions to 
        address the impacts of climate change on transportation systems 
        and infrastructure.
        ``(2) Clearinghouse.--The Office shall establish a 
    clearinghouse of solutions, including cost-effective congestion 
    reduction approaches, to reduce air pollution and transportation-
    related energy use and mitigate the effects of climate change.''.
    (b) Coordination.--The Office of Climate Change and Environment of 
the Department of Transportation shall coordinate its activities with 
the United States Global Change Research Program.
    (c) Transportation System's Impact on Climate Change and Fuel 
Efficiency.--
        (1) Study.--The Office of Climate Change and Environment, in 
    coordination with the Environmental Protection Agency and in 
    consultation with the United States Global Change Research Program, 
    shall conduct a study to examine the impact of the Nation's 
    transportation system on climate change and the fuel efficiency 
    savings and clean air impacts of major transportation projects, to 
    identify solutions to reduce air pollution and transportation-
    related energy use and mitigate the effects of climate change, and 
    to examine the potential fuel savings that could result from 
    changes in the current transportation system and through the use of 
    intelligent transportation systems that help businesses and 
    consumers to plan their travel and avoid delays, including Web-
    based real-time transit information systems, congestion information 
    systems, carpool information systems, parking information systems, 
    freight route management systems, and traffic management systems.
        (2) Report.--Not later than 1 year after the date of enactment 
    of this Act, the Secretary of Transportation, in coordination with 
    the Administrator of the Environmental Protection Agency, shall 
    transmit to the Committee on Transportation and Infrastructure and 
    the Committee on Energy and Commerce of the House of 
    Representatives and the Committee on Commerce, Science, and 
    Transportation and the Committee on Environment and Public Works of 
    the Senate a report that contains the results of the study required 
    under this section.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation for the Office of 
Climate Change and Environment to carry out its duties under section 
102(g) of title 49, United States Code (as amended by this Act), such 
sums as may be necessary for fiscal years 2008 through 2011.

                         Subtitle B--Railroads

SEC. 1111. ADVANCED TECHNOLOGY LOCOMOTIVE GRANT PILOT PROGRAM.

    (a) In General.--The Secretary of Transportation, in consultation 
with the Administrator of the Environmental Protection Agency, shall 
establish and carry out a pilot program for making grants to railroad 
carriers (as defined in section 20102 of title 49, United States Code) 
and State and local governments--
        (1) for assistance in purchasing hybrid or other energy-
    efficient locomotives, including hybrid switch and generator-set 
    locomotives; and
        (2) to demonstrate the extent to which such locomotives 
    increase fuel economy, reduce emissions, and lower costs of 
    operation.
    (b) Limitation.--Notwithstanding subsection (a), no grant under 
this section may be used to fund the costs of emissions reductions that 
are mandated under Federal law.
    (c) Grant Criteria.--In selecting applicants for grants under this 
section, the Secretary of Transportation shall consider--
        (1) the level of energy efficiency that would be achieved by 
    the proposed project;
        (2) the extent to which the proposed project would assist in 
    commercial deployment of hybrid or other energy-efficient 
    locomotive technologies;
        (3) the extent to which the proposed project complements other 
    private or governmental partnership efforts to improve air quality 
    or fuel efficiency in a particular area; and
        (4) the extent to which the applicant demonstrates innovative 
    strategies and a financial commitment to increasing energy 
    efficiency and reducing greenhouse gas emissions of its railroad 
    operations.
    (d) Competitive Grant Selection Process.--
        (1) Applications.--A railroad carrier or State or local 
    government seeking a grant under this section shall submit for 
    approval by the Secretary of Transportation an application for the 
    grant containing such information as the Secretary of 
    Transportation may require.
        (2) Competitive selection.--The Secretary of Transportation 
    shall conduct a national solicitation for applications for grants 
    under this section and shall select grantees on a competitive 
    basis.
    (e) Federal Share.--The Federal share of the cost of a project 
under this section shall not exceed 80 percent of the project cost.
    (f) Report.--Not later than 3 years after the date of enactment of 
this Act, the Secretary of Transportation shall submit to Congress a 
report on the results of the pilot program carried out under this 
section.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Transportation $10,000,000 for each of 
the fiscal years 2008 through 2011 to carry out this section. Such 
funds shall remain available until expended.

SEC. 1112. CAPITAL GRANTS FOR CLASS II AND CLASS III RAILROADS.

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

   ``CHAPTER 223--CAPITAL GRANTS FOR CLASS II AND CLASS III RAILROADS

``Sec.
``22301. Capital grants for class II and class III railroads.

``Sec. 22301. Capital grants for class II and class III railroads

    ``(a) Establishment of Program.--
        ``(1) Establishment.--The Secretary of Transportation shall 
    establish a program for making capital grants to class II and class 
    III railroads. Such grants shall be for projects in the public 
    interest that--
            ``(A)(i) rehabilitate, preserve, or improve railroad track 
        (including roadbed, bridges, and related track structures) used 
        primarily for freight transportation;
            ``(ii) facilitate the continued or greater use of railroad 
        transportation for freight shipments; and
            ``(iii) reduce the use of less fuel efficient modes of 
        transportation in the transportation of such shipments; and
            ``(B) demonstrate innovative technologies and advanced 
        research and development that increase fuel economy, reduce 
        greenhouse gas emissions, and lower the costs of operation.
        ``(2) Provision of grants.--Grants may be provided under this 
    chapter--
            ``(A) directly to the class II or class III railroad; or
            ``(B) with the concurrence of the class II or class III 
        railroad, to a State or local government.
        ``(3) State cooperation.--Class II and class III railroad 
    applicants for a grant under this chapter are encouraged to utilize 
    the expertise and assistance of State transportation agencies in 
    applying for and administering such grants. State transportation 
    agencies are encouraged to provide such expertise and assistance to 
    such railroads.
        ``(4) Regulations.--Not later than October 1, 2008, the 
    Secretary shall issue final regulations to implement the program 
    under this section.
    ``(b) Maximum Federal Share.--The maximum Federal share for 
carrying out a project under this section shall be 80 percent of the 
project cost. The non-Federal share may be provided by any non-Federal 
source in cash, equipment, or supplies. Other in-kind contributions may 
be approved by the Secretary on a case-by-case basis consistent with 
this chapter.
    ``(c) Use of Funds.--Grants provided under this section shall be 
used to implement track capital projects as soon as possible. In no 
event shall grant funds be contractually obligated for a project later 
than the end of the third Federal fiscal year following the year in 
which the grant was awarded. Any funds not so obligated by the end of 
such fiscal year shall be returned to the Secretary for reallocation.
    ``(d) Employee Protection.--The Secretary shall require as a 
condition of any grant made under this section that the recipient 
railroad provide a fair arrangement at least as protective of the 
interests of employees who are affected by the project to be funded 
with the grant as the terms imposed under section 11326(a), as in 
effect on the date of the enactment of this chapter.
    ``(e) Labor Standards.--
        ``(1) Prevailing wages.--The Secretary shall ensure that 
    laborers and mechanics employed by contractors and subcontractors 
    in construction work financed by a grant made under this section 
    will be paid wages not less than those prevailing on similar 
    construction in the locality, as determined by the Secretary of 
    Labor under subchapter IV of chapter 31 of title 40 (commonly known 
    as the `Davis-Bacon Act'). The Secretary shall make a grant under 
    this section only after being assured that required labor standards 
    will be maintained on the construction work.
        ``(2) Wage rates.--Wage rates in a collective bargaining 
    agreement negotiated under the Railway Labor Act (45 U.S.C. 151 et 
    seq.) are deemed for purposes of this subsection to comply with the 
    subchapter IV of chapter 31 of title 40.
    ``(f) Study.--The Secretary shall conduct a study of the projects 
carried out with grant assistance under this section to determine the 
extent to which the program helps promote a reduction in fuel use 
associated with the transportation of freight and demonstrates 
innovative technologies that increase fuel economy, reduce greenhouse 
gas emissions, and lower the costs of operation. Not later than March 
31, 2009, the Secretary shall submit a report to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate on 
the study, including any recommendations the Secretary considers 
appropriate regarding the program.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $50,000,000 for each of fiscal years 2008 
through 2011 for carrying out this section.''.
    (b) Clerical Amendment.--The item relating to chapter 223 in the 
table of chapters of subtitle V of title 49, United States Code, is 
amended to read as follows:

``223. CAPITAL GRANTS FOR CLASS II AND CLASS III RAILROADS......22301''.

                   Subtitle C--Marine Transportation

SEC. 1121. SHORT SEA TRANSPORTATION INITIATIVE.

    (a) In General.--Title 46, United States Code, is amended by adding 
after chapter 555 the following:

                ``CHAPTER 556--SHORT SEA TRANSPORTATION

``Sec. 55601. Short sea transportation program.
``Sec. 55602. Cargo and shippers.
``Sec. 55603. Interagency coordination.
``Sec. 55604. Research on short sea transportation.
``Sec. 55605. Short sea transportation defined.

``Sec. 55601. Short sea transportation program

    ``(a) Establishment.--The Secretary of Transportation shall 
establish a short sea transportation program and designate short sea 
transportation projects to be conducted under the program to mitigate 
landside congestion.
    ``(b) Program Elements.--The program shall encourage the use of 
short sea transportation through the development and expansion of--
        ``(1) documented vessels;
        ``(2) shipper utilization;
        ``(3) port and landside infrastructure; and
        ``(4) marine transportation strategies by State and local 
    governments.
    ``(c) Short Sea Transportation Routes.--The Secretary shall 
designate short sea transportation routes as extensions of the surface 
transportation system to focus public and private efforts to use the 
waterways to relieve landside congestion along coastal corridors. The 
Secretary may collect and disseminate data for the designation and 
delineation of short sea transportation routes.
    ``(d) Project Designation.--The Secretary may designate a project 
to be a short sea transportation project if the Secretary determines 
that the project may--
        ``(1) offer a waterborne alternative to available landside 
    transportation services using documented vessels; and
        ``(2) provide transportation services for passengers or freight 
    (or both) that may reduce congestion on landside infrastructure 
    using documented vessels.
    ``(e) Elements of Program.--For a short sea transportation project 
designated under this section, the Secretary may--
        ``(1) promote the development of short sea transportation 
    services;
        ``(2) coordinate, with ports, State departments of 
    transportation, localities, other public agencies, and the private 
    sector and on the development of landside facilities and 
    infrastructure to support short sea transportation services; and
        ``(3) develop performance measures for the short sea 
    transportation program.
    ``(f) Multistate, State and Regional Transportation Planning.--The 
Secretary, in consultation with Federal entities and State and local 
governments, shall develop strategies to encourage the use of short sea 
transportation for transportation of passengers and cargo. The 
Secretary shall--
        ``(1) assess the extent to which States and local governments 
    include short sea transportation and other marine transportation 
    solutions in their transportation planning;
        ``(2) encourage State departments of transportation to develop 
    strategies, where appropriate, to incorporate short sea 
    transportation, ferries, and other marine transportation solutions 
    for regional and interstate transport of freight and passengers in 
    their transportation planning; and
        ``(3) encourage groups of States and multi-State transportation 
    entities to determine how short sea transportation can address 
    congestion, bottlenecks, and other interstate transportation 
    challenges.

``Sec. 55602. Cargo and shippers

    ``(a) Memorandums of Agreement.--The Secretary of Transportation 
shall enter into memorandums of understanding with the heads of other 
Federal entities to transport federally owned or generated cargo using 
a short sea transportation project designated under section 55601 when 
practical or available.
    ``(b) Short-Term Incentives.--The Secretary shall consult shippers 
and other participants in transportation logistics and develop 
proposals for short-term incentives to encourage the use of short sea 
transportation.

``Sec. 55603. Interagency coordination

    ``The Secretary of Transportation shall establish a board to 
identify and seek solutions to impediments hindering effective use of 
short sea transportation. The board shall include representatives of 
the Environmental Protection Agency and other Federal, State, and local 
governmental entities and private sector entities.

``Sec. 55604. Research on short sea transportation

    ``The Secretary of Transportation, in consultation with the 
Administrator of the Environmental Protection Agency, may conduct 
research on short sea transportation, regarding--
        ``(1) the environmental and transportation benefits to be 
    derived from short sea transportation alternatives for other forms 
    of transportation;
        ``(2) technology, vessel design, and other improvements that 
    would reduce emissions, increase fuel economy, and lower costs of 
    short sea transportation and increase the efficiency of intermodal 
    transfers; and
        ``(3) solutions to impediments to short sea transportation 
    projects designated under section 55601.

``Sec. 55605. Short sea transportation defined

    ``In this chapter, the term `short sea transportation' means the 
carriage by vessel of cargo--
        ``(1) that is--
            ``(A) contained in intermodal cargo containers and loaded 
        by crane on the vessel; or
            ``(B) loaded on the vessel by means of wheeled technology; 
        and
        ``(2) that is--
            ``(A) loaded at a port in the United States and unloaded 
        either at another port in the United States or at a port in 
        Canada located in the Great Lakes Saint Lawrence Seaway System; 
        or
            ``(B) loaded at a port in Canada located in the Great Lakes 
        Saint Lawrence Seaway System and unloaded at a port in the 
        United States.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
subtitle V of such title is amended by inserting after the item 
relating to chapter 555 the following:

``556. Short Sea Transportation.................................55601''.

    (c) Regulations.--
        (1) Interim regulations.--Not later than 90 days after the date 
    of enactment of this Act, the Secretary of Transportation shall 
    issue temporary regulations to implement the program under this 
    section. Subchapter II of chapter 5 of title 5, United States Code, 
    does not apply to a temporary regulation issued under this 
    paragraph or to an amendment to such a temporary regulation.
        (2) Final regulations.--Not later than October 1, 2008, the 
    Secretary of Transportation shall issue final regulations to 
    implement the program under this section.

SEC. 1122. SHORT SEA SHIPPING ELIGIBILITY FOR CAPITAL CONSTRUCTION 
              FUND.

    (a) Definition of Qualified Vessel.--Section 53501 of title 46, 
United States Code, is amended--
        (1) in paragraph (5)(A)(iii) by striking ``or noncontiguous 
    domestic'' and inserting ``noncontiguous domestic, or short sea 
    transportation trade''; and
        (2) by inserting after paragraph (6) the following:
        ``(7) Short sea transportation trade.--The term `short sea 
    transportation trade' means the carriage by vessel of cargo--
            ``(A) that is--
                ``(i) contained in intermodal cargo containers and 
            loaded by crane on the vessel; or
                ``(ii) loaded on the vessel by means of wheeled 
            technology; and
            ``(B) that is--
                ``(i) loaded at a port in the United States and 
            unloaded either at another port in the United States or at 
            a port in Canada located in the Great Lakes Saint Lawrence 
            Seaway System; or
                ``(ii) loaded at a port in Canada located in the Great 
            Lakes Saint Lawrence Seaway System and unloaded at a port 
            in the United States.''.
    (b) Allowable Purpose.--Section 53503(b) of such title is amended 
by striking ``or noncontiguous domestic trade'' and inserting 
``noncontiguous domestic, or short sea transportation trade''.

SEC. 1123. SHORT SEA TRANSPORTATION REPORT.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Transportation, in consultation with the Administrator of 
the Environmental Protection Agency, shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the short sea transportation program established under the 
amendments made by section 1121. The report shall include a description 
of the activities conducted under the program, and any recommendations 
for further legislative or administrative action that the Secretary of 
Transportation considers appropriate.

                          Subtitle D--Highways

SEC. 1131. INCREASED FEDERAL SHARE FOR CMAQ PROJECTS.

    Section 120(c) of title 23, United States Code, is amended--
        (1) in the subsection heading by striking ``for Certain Safety 
    Projects'';
        (2) by striking ``The Federal share'' and inserting the 
    following:
        ``(1) Certain safety projects.--The Federal share''; and
        (3) by adding at the end the following:
        ``(2) CMAQ projects.--The Federal share payable on account of a 
    project or program carried out under section 149 with funds 
    obligated in fiscal year 2008 or 2009, or both, shall be not less 
    than 80 percent and, at the discretion of the State, may be up to 
    100 percent of the cost thereof.''.

SEC. 1132. DISTRIBUTION OF RESCISSIONS.

    (a) In General.--Any unobligated balances of amounts that are 
appropriated from the Highway Trust Fund for a fiscal year, and 
apportioned under chapter 1 of title 23, United States Code, before, 
on, or after the date of enactment of this Act and that are rescinded 
in fiscal year 2008 or fiscal year 2009 shall be distributed by the 
Secretary of Transportation within each State (as defined in section 
101 of such title) among all programs for which funds are apportioned 
under such chapter for such fiscal year, to the extent sufficient funds 
remain available for obligation, in the ratio that the amount of funds 
apportioned for each program under such chapter for such fiscal year, 
bears to the amount of funds apportioned for all such programs under 
such chapter for such fiscal year.
    (b) Adjustments.--A State may make adjustments to the distribution 
of a rescission within the State for a fiscal year under subsection (a) 
by transferring the amounts to be rescinded among the programs for 
which funds are apportioned under chapter 1 of title 23, United States 
Code, for such fiscal year, except that in making such adjustments the 
State may not rescind from any such program more than 110 percent of 
the funds to be rescinded from the program for the fiscal year as 
determined by the Secretary of Transportation under subsection (a).
    (c) Treatment of Transportation Enhancement Set-Aside and Funds 
Suballocated to Substate Areas.--Funds set aside under sections 
133(d)(2) and 133(d)(3) of title 23, United States Code, shall be 
treated as being apportioned under chapter 1 of such title for purposes 
of subsection (a).

SEC. 1133. SENSE OF CONGRESS REGARDING USE OF COMPLETE STREETS DESIGN 
              TECHNIQUES.

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

               TITLE XII--SMALL BUSINESS ENERGY PROGRAMS

SEC. 1201. 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.--The Administrator may make a loan under 
            the Express Loan Program for the purpose of--

                    ``(I) purchasing a renewable energy system; or
                    ``(II) carrying out an energy efficiency project 
                for a small business concern.''.

SEC. 1202. PILOT PROGRAM FOR REDUCED 7(A) FEES FOR PURCHASE OF ENERGY 
              EFFICIENT TECHNOLOGIES.

    Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is 
amended by adding at the end the following:
        ``(32) Loans for energy efficient technologies.--
            ``(A) Definitions.--In this paragraph--
                ``(i) the term `cost' has the meaning given that term 
            in section 502 of the Federal Credit Reform Act of 1990 (2 
            U.S.C. 661a);
                ``(ii) the term `covered energy efficiency loan' means 
            a loan--

                    ``(I) made under this subsection; and
                    ``(II) the proceeds of which are used to purchase 
                energy efficient designs, equipment, or fixtures, or to 
                reduce the energy consumption of the borrower by 10 
                percent or more; and

                ``(iii) the term `pilot program' means the pilot 
            program established under subparagraph (B)
            ``(B) Establishment.--The Administrator shall establish and 
        carry out a pilot program under which the Administrator shall 
        reduce the fees for covered energy efficiency loans.
            ``(C) Duration.--The pilot program shall terminate at the 
        end of the second full fiscal year after the date that the 
        Administrator establishes the pilot program.
            ``(D) Maximum participation.--A covered energy efficiency 
        loan shall include the maximum participation levels by the 
        Administrator permitted for loans made under this subsection.
            ``(E) Fees.--
                ``(i) In general.--The fee on a covered energy 
            efficiency loan shall be equal to 50 percent of the fee 
            otherwise applicable to that loan under paragraph (18).
                ``(ii) Waiver.--The Administrator may waive clause (i) 
            for a fiscal year if--

                    ``(I) for the fiscal year before that fiscal year, 
                the annual rate of default of covered energy efficiency 
                loans exceeds that of loans made under this subsection 
                that are not covered energy efficiency loans;
                    ``(II) the cost to the Administration of making 
                loans under this subsection is greater than zero and 
                such cost is directly attributable to the cost of 
                making covered energy efficiency loans; and
                    ``(III) no additional sources of revenue authority 
                are available to reduce the cost of making loans under 
                this subsection to zero.

                ``(iii) Effect of waiver.--If the Administrator waives 
            the reduction of fees under clause (ii), the 
            Administrator--

                    ``(I) shall not assess or collect fees in an amount 
                greater than necessary to ensure that the cost of the 
                program under this subsection is not greater than zero; 
                and
                    ``(II) shall reinstate the fee reductions under 
                clause (i) when the conditions in clause (ii) no longer 
                apply.

                ``(iv) No increase of fees.--The Administrator shall 
            not increase the fees under paragraph (18) on loans made 
            under this subsection that are not covered energy 
            efficiency loans as a direct result of the pilot program.
            ``(F) GAO report.--
                ``(i) In general.--Not later than 1 year after the date 
            that the pilot program terminates, the Comptroller General 
            of the United States shall submit to the Committee on Small 
            Business of the House of Representatives and the Committee 
            on Small Business and Entrepreneurship of the Senate a 
            report on the pilot program.
                ``(ii) Contents.--The report submitted under clause (i) 
            shall include--

                    ``(I) the number of covered energy efficiency loans 
                for which fees were reduced under the pilot program;
                    ``(II) a description of the energy efficiency 
                savings with the pilot program;
                    ``(III) a description of the impact of the pilot 
                program on the program under this subsection;
                    ``(IV) an evaluation of the efficacy and potential 
                fraud and abuse of the pilot program; and
                    ``(V) recommendations for improving the pilot 
                program.''.

SEC. 1203. 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 ``Efficiency Program'' means the Small Business 
    Energy Efficiency Program established under subsection (c)(1);
        (5) 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);
        (6) the term ``high performance green building'' has the 
    meaning given that term in section 401;
        (7) 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;
        (8) the term ``small business concern'' has the same meaning as 
    in section 3 of the Small Business Act (15 U.S.C. 632);
        (9) 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);
        (10) the term ``telecommuting'' means the use of 
    telecommunications to perform work functions under circumstances 
    which reduce or eliminate the need to commute;
        (11) the term ``Telecommuting Pilot Program'' means the pilot 
    program established under subsection (d)(1)(A); and
        (12) 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) Program required.--The Administrator shall develop and 
    coordinate a Government-wide program, building on the Energy Star 
    for Small Business program, to assist small business concerns in--
            (A) becoming more energy efficient;
            (B) understanding the cost savings from improved energy 
        efficiency; and
            (C) identifying financing options for energy efficiency 
        upgrades.
        (3) Consultation and cooperation.--The program required by 
    paragraph (2) shall be developed and coordinated--
            (A) in consultation with the Secretary of Energy and the 
        Administrator of the Environmental Protection Agency; and
            (B) in cooperation with any entities the Administrator 
        considers appropriate, such as industry trade associations, 
        industry members, and energy efficiency organizations.
        (4) Availability of information.--The Administrator shall make 
    available the information and materials developed under the program 
    required by paragraph (2) to--
            (A) small business concerns, including smaller design, 
        engineering, and construction firms; and
            (B) other Federal programs for energy efficiency, such as 
        the Energy Star for Small Business program.
        (5) Strategy and report.--
            (A) Strategy required.--The Administrator shall develop a 
        strategy to educate, encourage, and assist small business 
        concerns in adopting energy efficient building fixtures and 
        equipment.
            (B) Report.--Not later than December 31, 2008, the 
        Administrator shall submit to Congress a report containing a 
        plan to implement the strategy developed under subparagraph 
        (A).
    (c) Small Business Sustainability Initiative.--
        (1) Authority.--The Administrator shall establish a Small 
    Business Energy Efficiency 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 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;
                (v) to the extent not inconsistent with controlling 
            State public utility regulations, act as a facilitator 
            between small business concerns, electric utilities, 
            lenders, and the Administration to facilitate on-bill 
            financing arrangements;
                (vi) provide necessary support to small business 
            concerns to--

                    (I) evaluate energy efficiency opportunities and 
                opportunities to design or construct high performance 
                green buildings;
                    (II) evaluate renewable energy sources, such as the 
                use of solar and small wind to supplement power 
                consumption;
                    (III) secure financing to achieve energy efficiency 
                or to design or construct high performance green 
                buildings; and
                    (IV) implement energy efficiency projects;

                (vii) assist owners of small business concerns with the 
            development and commercialization of clean technology 
            products, goods, services, and processes that use renewable 
            energy sources, dramatically reduce the use of natural 
            resources, and cut or eliminate greenhouse gas emissions 
            through--

                    (I) technology assessment;
                    (II) intellectual property;
                    (III) Small Business Innovation Research 
                submissions under section 9 of the Small Business Act 
                (15 U.S.C. 638);
                    (IV) strategic alliances;
                    (V) business model development; and
                    (VI) preparation for investors; and

                (viii) help small business concerns improve 
            environmental performance by shifting to less hazardous 
            materials and reducing waste and emissions, including by 
            providing assistance for small business concerns to adapt 
            the materials they use, the processes they operate, and the 
            products and services they produce.
            (B) Reports.--Each small business development center 
        participating in the Efficiency 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 Program;
                (ii) the number of small business concerns assisted by 
            that center under the Efficiency Program;
                (iii) statistics on the total amount of energy saved as 
            a result of assistance provided by that center under the 
            Efficiency 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 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 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.--From among 
    small business development centers submitting applications to 
    participate in the Efficiency Program, the Administrator--
            (A) shall, to the maximum extent practicable, select small 
        business development centers in such a manner so as to promote 
        a nationwide distribution of centers participating in the 
        Efficiency Program; and
            (B) may not select more than 1 small business development 
        center in a State to participate in the Efficiency Program.
        (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 Program.
        (6) Grant amounts.--Each small business development center 
    selected to participate in the Efficiency 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 Program, initiate an 
        evaluation of that 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 Program, with or without modification, should be 
            extended to include the participation of all small business 
            development centers.
        (8) Guarantee.--To the extent not inconsistent with State law, 
    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 rulemaking, after providing notice and an 
    opportunity for comment.
        (9) Implementation.--Subject to amounts approved in advance in 
    appropriations Acts and separate from amounts approved to carry out 
    section 21(a)(1) of the Small Business Act (15 U.S.C. 648(a)(1)), 
    the Administrator may make grants or enter into cooperative 
    agreements to carry out this subsection.
        (10) Authorization of appropriations.--There are authorized to 
    be appropriated such sums as are necessary to make grants and enter 
    into cooperative agreements to carry out this subsection.
        (11) Termination.--The authority under this subsection shall 
    terminate 4 years after the date of disbursement of the first grant 
    under the Efficiency Program.
    (d) Small Business Telecommuting.--
        (1) Pilot program.--
            (A) In general.--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.
            (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 relating to SBIR and STTR 
    solicitations by Federal departments and agencies, the 
    Administrator shall--
            ``(A) ensure that such departments and 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 departments and agencies 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 subsection.
        ``(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 subsection.
        ``(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).''.

SEC. 1204. LARGER 504 LOAN LIMITS TO HELP BUSINESS DEVELOP ENERGY 
              EFFICIENT TECHNOLOGIES AND PURCHASES.

    (a) Eligibility for Energy Efficiency Projects.--Section 501(d)(3) 
of the Small Business Investment Act of 1958 (15 U.S.C. 695(d)(3)) is 
amended--
        (1) in subparagraph (G) by striking ``or'' at the end;
        (2) in subparagraph (H) by striking the period at the end and 
    inserting a comma;
        (3) by inserting after subparagraph (H) the following:
            ``(I) reduction of energy consumption by at least 10 
        percent,
            ``(J) increased use of sustainable design, including 
        designs that reduce the use of greenhouse gas emitting fossil 
        fuels, or low-impact design to produce buildings that reduce 
        the use of non-renewable resources and minimize environmental 
        impact, or
            ``(K) plant, equipment and process upgrades of renewable 
        energy sources such as the small-scale production of energy for 
        individual buildings or communities consumption, commonly known 
        as micropower, or renewable fuels producers including biodiesel 
        and ethanol producers.''; and
        (4) by adding at the end the following: ``In subparagraphs (J) 
    and (K), terms have the meanings given those terms under the 
    Leadership in Energy and Environmental Design (LEED) standard for 
    green building certification, as determined by the 
    Administrator.''.
    (b) Loans for Plant Projects Used for Energy-Efficient Purposes.--
Section 502(2)(A) of the Small Business Investment Act of 1958 (15 
U.S.C. 696(2)(A)) is amended--
        (1) in clause (ii) by striking ``and'' at the end;
        (2) in clause (iii) by striking the period at the end and 
    inserting a semicolon; and
        (3) by adding at the end the following:
                ``(iv) $4,000,000 for each project that reduces the 
            borrower's energy consumption by at least 10 percent; and
                ``(v) $4,000,000 for each project that generates 
            renewable energy or renewable fuels, such as biodiesel or 
            ethanol production.''.

SEC. 1205. ENERGY SAVING DEBENTURES.

    (a) In General.--Section 303 of the Small Business Investment Act 
of 1958 (15 U.S.C. 683) is amended by adding at the end the following:
    ``(k) Energy Saving Debentures.--In addition to any other authority 
under this Act, a small business investment company licensed in the 
first fiscal year after the date of enactment of this subsection or any 
fiscal year thereafter may issue Energy Saving debentures.''.
    (b) Definitions.--Section 103 of the Small Business Investment Act 
of 1958 (15 U.S.C. 662) is amended--
        (1) in paragraph (16), by striking ``and'' at the end;
        (2) in paragraph (17), by striking the period at the end and 
    inserting a semicolon; and
        (3) by adding at the end the following:
        ``(18) the term `Energy Saving debenture' means a deferred 
    interest debenture that--
            ``(A) is issued at a discount;
            ``(B) has a 5-year maturity or a 10-year maturity;
            ``(C) requires no interest payment or annual charge for the 
        first 5 years;
            ``(D) is restricted to Energy Saving qualified investments; 
        and
            ``(E) is issued at no cost (as defined in section 502 of 
        the Credit Reform Act of 1990) with respect to purchasing and 
        guaranteeing the debenture; and
        ``(19) the term `Energy Saving qualified investment' means 
    investment in a small business concern that is primarily engaged in 
    researching, manufacturing, developing, or providing products, 
    goods, or services that reduce the use or consumption of non-
    renewable energy resources.''.

SEC. 1206. INVESTMENTS IN ENERGY SAVING SMALL BUSINESSES.

    (a) Maximum Leverage.--Section 303(b)(2) of the Small Business 
Investment Act of 1958 (15 U.S.C. 303(b)(2)) is amended by adding at 
the end the following:
            ``(D) Investments in energy saving small businesses.--
                ``(i) In general.--Subject to clause (ii), in 
            calculating the outstanding leverage of a company for 
            purposes of subparagraph (A), the Administrator shall 
            exclude the amount of the cost basis of any Energy Saving 
            qualified investment in a smaller enterprise made in the 
            first fiscal year after the date of enactment of this 
            subparagraph or any fiscal year thereafter by a company 
            licensed in the applicable fiscal year.
                ``(ii) Limitations.--

                    ``(I) Amount of exclusion.--The amount excluded 
                under clause (i) for a company shall not exceed 33 
                percent of the private capital of that company.
                    ``(II) Maximum investment.--A company shall not 
                make an Energy Saving qualified investment in any one 
                entity in an amount equal to more than 20 percent of 
                the private capital of that company.
                    ``(III) Other terms.--The exclusion of amounts 
                under clause (i) shall be subject to such terms as the 
                Administrator may impose to ensure that there is no 
                cost (as that term is defined in section 502 of the 
                Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) with 
                respect to purchasing or guaranteeing any debenture 
                involved.''.

    (b) Maximum Aggregate Amount of Leverage.--Section 303(b)(4) of the 
Small Business Investment Act of 1958 (15 U.S.C. 303(b)(4)) is amended 
by adding at the end the following:
            ``(E) Investments in energy saving small businesses.--
                ``(i) In general.--Subject to clause (ii), in 
            calculating the aggregate outstanding leverage of a company 
            for purposes of subparagraph (A), the Administrator shall 
            exclude the amount of the cost basis of any Energy Saving 
            qualified investment in a smaller enterprise made in the 
            first fiscal year after the date of enactment of this 
            subparagraph or any fiscal year thereafter by a company 
            licensed in the applicable fiscal year.
                ``(ii) Limitations.--

                    ``(I) Amount of exclusion.--The amount excluded 
                under clause (i) for a company shall not exceed 33 
                percent of the private capital of that company.
                    ``(II) Maximum investment.--A company shall not 
                make an Energy Saving qualified investment in any one 
                entity in an amount equal to more than 20 percent of 
                the private capital of that company.
                    ``(III) Other terms.--The exclusion of amounts 
                under clause (i) shall be subject to such terms as the 
                Administrator may impose to ensure that there is no 
                cost (as that term is defined in section 502 of the 
                Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) with 
                respect to purchasing or guaranteeing any debenture 
                involved.''.

SEC. 1207. RENEWABLE FUEL CAPITAL INVESTMENT COMPANY.

    Title III of the Small Business Investment Act of 1958 (15 U.S.C. 
681 et seq.) is amended by adding at the end the following:

       ``PART C--RENEWABLE FUEL CAPITAL INVESTMENT PILOT PROGRAM

``SEC. 381. DEFINITIONS.

    ``In this part:
        ``(1) Operational assistance.--The term `operational 
    assistance' means management, marketing, and other technical 
    assistance that assists a small business concern with business 
    development.
        ``(2) Participation agreement.--The term `participation 
    agreement' means an agreement, between the Administrator and a 
    company granted final approval under section 384(e), that--
            ``(A) details the operating plan and investment criteria of 
        the company; and
            ``(B) requires the company to make investments in smaller 
        enterprises primarily engaged in researching, manufacturing, 
        developing, producing, or bringing to market goods, products, 
        or services that generate or support the production of 
        renewable energy.
        ``(3) Renewable energy.--The term `renewable energy' means 
    energy derived from resources that are regenerative or that cannot 
    be depleted, including solar, wind, ethanol, and biodiesel fuels.
        ``(4) Renewable fuel capital investment company.--The term 
    `Renewable Fuel Capital Investment company' means a company--
            ``(A) that--
                ``(i) has been granted final approval by the 
            Administrator under section 384(e); and
                ``(ii) has entered into a participation agreement with 
            the Administrator; or
            ``(B) that has received conditional approval under section 
        384(c).
        ``(5) State.--The term `State' means each of the several 
    States, the District of Columbia, the Commonwealth of Puerto Rico, 
    the Virgin Islands, Guam, American Samoa, the Commonwealth of the 
    Northern Mariana Islands, and any other commonwealth, territory, or 
    possession of the United States.
        ``(6) Venture capital.--The term `venture capital' means 
    capital in the form of equity capital investments, as that term is 
    defined in section 303(g)(4).

``SEC. 382. PURPOSES.

    ``The purposes of the Renewable Fuel Capital Investment Program 
established under this part are--
        ``(1) to promote the research, development, manufacture, 
    production, and bringing to market of goods, products, or services 
    that generate or support the production of renewable energy by 
    encouraging venture capital investments in smaller enterprises 
    primarily engaged such activities; and
        ``(2) to establish a venture capital program, with the mission 
    of addressing the unmet equity investment needs of smaller 
    enterprises engaged in researching, developing, manufacturing, 
    producing, and bringing to market goods, products, or services that 
    generate or support the production of renewable energy, to be 
    administered by the Administrator--
            ``(A) to enter into participation agreements with Renewable 
        Fuel Capital Investment companies;
            ``(B) to guarantee debentures of Renewable Fuel Capital 
        Investment companies to enable each such company to make 
        venture capital investments in smaller enterprises engaged in 
        the research, development, manufacture, production, and 
        bringing to market of goods, products, or services that 
        generate or support the production of renewable energy; and
            ``(C) to make grants to Renewable Fuel Investment Capital 
        companies, and to other entities, for the purpose of providing 
        operational assistance to smaller enterprises financed, or 
        expected to be financed, by such companies.

``SEC. 383. ESTABLISHMENT.

    ``The Administrator shall establish a Renewable Fuel Capital 
Investment Program, under which the Administrator may--
        ``(1) enter into participation agreements for the purposes 
    described in section 382; and
        ``(2) guarantee the debentures issued by Renewable Fuel Capital 
    Investment companies as provided in section 385.

``SEC. 384. SELECTION OF RENEWABLE FUEL CAPITAL INVESTMENT COMPANIES.

    ``(a) Eligibility.--A company is eligible to apply to be designated 
as a Renewable Fuel Capital Investment company if the company--
        ``(1) is a newly formed for-profit entity or a newly formed 
    for-profit subsidiary of an existing entity;
        ``(2) has a management team with experience in alternative 
    energy financing or relevant venture capital financing; and
        ``(3) has a primary objective of investment in smaller 
    enterprises that research, manufacture, develop, produce, or bring 
    to market goods, products, or services that generate or support the 
    production of renewable energy.
    ``(b) Application.--A company desiring to be designated as a 
Renewable Fuel Capital Investment company shall submit an application 
to the Administrator that includes--
        ``(1) a business plan describing how the company intends to 
    make successful venture capital investments in smaller enterprises 
    primarily engaged in the research, manufacture, development, 
    production, or bringing to market of goods, products, or services 
    that generate or support the production of renewable energy;
        ``(2) information regarding the relevant venture capital 
    qualifications and general reputation of the management of the 
    company;
        ``(3) a description of how the company intends to seek to 
    address the unmet capital needs of the smaller enterprises served;
        ``(4) a proposal describing how the company intends to use the 
    grant funds provided under this part to provide operational 
    assistance to smaller enterprises financed by the company, 
    including information regarding whether the company has employees 
    with appropriate professional licenses or will contract with 
    another entity when the services of such an individual are 
    necessary;
        ``(5) with respect to binding commitments to be made to the 
    company under this part, an estimate of the ratio of cash to in-
    kind contributions;
        ``(6) a description of whether and to what extent the company 
    meets the criteria under subsection (c)(2) and the objectives of 
    the program established under this part;
        ``(7) information regarding the management and financial 
    strength of any parent firm, affiliated firm, or any other firm 
    essential to the success of the business plan of the company; and
        ``(8) such other information as the Administrator may require.
    ``(c) Conditional Approval.--
        ``(1) In general.--From among companies submitting applications 
    under subsection (b), the Administrator shall conditionally approve 
    companies to operate as Renewable Fuel Capital Investment 
    companies.
        ``(2) Selection criteria.--In conditionally approving companies 
    under paragraph (1), the Administrator shall consider--
            ``(A) the likelihood that the company will meet the goal of 
        its business plan;
            ``(B) the experience and background of the management team 
        of the company;
            ``(C) the need for venture capital investments in the 
        geographic areas in which the company intends to invest;
            ``(D) the extent to which the company will concentrate its 
        activities on serving the geographic areas in which it intends 
        to invest;
            ``(E) the likelihood that the company will be able to 
        satisfy the conditions under subsection (d);
            ``(F) the extent to which the activities proposed by the 
        company will expand economic opportunities in the geographic 
        areas in which the company intends to invest;
            ``(G) the strength of the proposal by the company to 
        provide operational assistance under this part as the proposal 
        relates to the ability of the company to meet applicable cash 
        requirements and properly use in-kind contributions, including 
        the use of resources for the services of licensed 
        professionals, when necessary, whether provided by employees or 
        contractors; and
            ``(H) any other factor determined appropriate by the 
        Administrator.
        ``(3) Nationwide distribution.--From among companies submitting 
    applications under subsection (b), the Administrator shall consider 
    the selection criteria under paragraph (2) and shall, to the 
    maximum extent practicable, approve at least one company from each 
    geographic region of the Administration.
    ``(d) Requirements To Be Met for Final Approval.--
        ``(1) In general.--The Administrator shall grant each 
    conditionally approved company 2 years to satisfy the requirements 
    of this subsection.
        ``(2) Capital requirement.--Each conditionally approved company 
    shall raise not less than $3,000,000 of private capital or binding 
    capital commitments from 1 or more investors (which shall not be 
    departments or agencies of the Federal Government) who meet 
    criteria established by the Administrator.
        ``(3) Nonadministration resources for operational assistance.--
            ``(A) In general.--In order to provide operational 
        assistance to smaller enterprises expected to be financed by 
        the company, each conditionally approved company shall have 
        binding commitments (for contribution in cash or in-kind)--
                ``(i) from sources other than the Administration that 
            meet criteria established by the Administrator; and
                ``(ii) payable or available over a multiyear period 
            determined appropriate by the Administrator (not to exceed 
            10 years).
            ``(B) Exception.--The Administrator may, in the discretion 
        of the Administrator and based upon a showing of special 
        circumstances and good cause, consider an applicant to have 
        satisfied the requirements of subparagraph (A) if the applicant 
        has--
                ``(i) a viable plan that reasonably projects the 
            capacity of the applicant to raise the amount (in cash or 
            in-kind) required under subparagraph (A); and
                ``(ii) binding commitments in an amount equal to not 
            less than 20 percent of the total amount required under 
            paragraph (A).
            ``(C) Limitation.--The total amount of a in-kind 
        contributions by a company shall be not more than 50 percent of 
        the total contributions by a company.
    ``(e) Final Approval; Designation.--The Administrator shall, with 
respect to each applicant conditionally approved under subsection (c)--
        ``(1) grant final approval to the applicant to operate as a 
    Renewable Fuel Capital Investment company under this part and 
    designate the applicant as such a company, if the applicant--
            ``(A) satisfies the requirements of subsection (d) on or 
        before the expiration of the time period described in that 
        subsection; and
            ``(B) enters into a participation agreement with the 
        Administrator; or
        ``(2) if the applicant fails to satisfy the requirements of 
    subsection (d) on or before the expiration of the time period 
    described in paragraph (1) of that subsection, revoke the 
    conditional approval granted under that subsection.

``SEC. 385. DEBENTURES.

    ``(a) In General.--The Administrator may guarantee the timely 
payment of principal and interest, as scheduled, on debentures issued 
by any Renewable Fuel Capital Investment company.
    ``(b) Terms and Conditions.--The Administrator may make guarantees 
under this section on such terms and conditions as it determines 
appropriate, except that--
        ``(1) the term of any debenture guaranteed under this section 
    shall not exceed 15 years; and
        ``(2) a debenture guaranteed under this section--
            ``(A) shall carry no front-end or annual fees;
            ``(B) shall be issued at a discount;
            ``(C) shall require no interest payments during the 5-year 
        period beginning on the date the debenture is issued;
            ``(D) shall be prepayable without penalty after the end of 
        the 1-year period beginning on the date the debenture is 
        issued; and
            ``(E) shall require semiannual interest payments after the 
        period described in subparagraph (C).
    ``(c) Full Faith and Credit of the United States.--The full faith 
and credit of the United States is pledged to pay all amounts that may 
be required to be paid under any guarantee under this part.
    ``(d) Maximum Guarantee.--
        ``(1) In general.--Under this section, the Administrator may 
    guarantee the debentures issued by a Renewable Fuel Capital 
    Investment company only to the extent that the total face amount of 
    outstanding guaranteed debentures of such company does not exceed 
    150 percent of the private capital of the company, as determined by 
    the Administrator.
        ``(2) Treatment of certain federal funds.--For the purposes of 
    paragraph (1), private capital shall include capital that is 
    considered to be Federal funds, if such capital is contributed by 
    an investor other than a department or agency of the Federal 
    Government.

``SEC. 386. ISSUANCE AND GUARANTEE OF TRUST CERTIFICATES.

    ``(a) Issuance.--The Administrator may issue trust certificates 
representing ownership of all or a fractional part of debentures issued 
by a Renewable Fuel Capital Investment company and guaranteed by the 
Administrator under this part, if such certificates are based on and 
backed by a trust or pool approved by the Administrator and composed 
solely of guaranteed debentures.
    ``(b) Guarantee.--
        ``(1) In general.--The Administrator may, under such terms and 
    conditions as it determines appropriate, guarantee the timely 
    payment of the principal of and interest on trust certificates 
    issued by the Administrator or its agents for purposes of this 
    section.
        ``(2) Limitation.--Each guarantee under this subsection shall 
    be limited to the extent of principal and interest on the 
    guaranteed debentures that compose the trust or pool.
        ``(3) Prepayment or default.--If a debenture in a trust or pool 
    is prepaid, or in the event of default of such a debenture, the 
    guarantee of timely payment of principal and interest on the trust 
    certificates shall be reduced in proportion to the amount of 
    principal and interest such prepaid debenture represents in the 
    trust or pool. Interest on prepaid or defaulted debentures shall 
    accrue and be guaranteed by the Administrator only through the date 
    of payment of the guarantee. At any time during its term, a trust 
    certificate may be called for redemption due to prepayment or 
    default of all debentures.
    ``(c) Full Faith and Credit of the United States.--The full faith 
and credit of the United States is pledged to pay all amounts that may 
be required to be paid under any guarantee of a trust certificate 
issued by the Administrator or its agents under this section.
    ``(d) Fees.--The Administrator shall not collect a fee for any 
guarantee of a trust certificate under this section, but any agent of 
the Administrator may collect a fee approved by the Administrator for 
the functions described in subsection (f)(2).
    ``(e) Subrogation and Ownership Rights.--
        ``(1) Subrogation.--If the Administrator pays a claim under a 
    guarantee issued under this section, it shall be subrogated fully 
    to the rights satisfied by such payment.
        ``(2) Ownership rights.--No Federal, State, or local law shall 
    preclude or limit the exercise by the Administrator of its 
    ownership rights in the debentures residing in a trust or pool 
    against which trust certificates are issued under this section.
    ``(f) Management and Administration.--
        ``(1) Registration.--The Administrator may provide for a 
    central registration of all trust certificates issued under this 
    section.
        ``(2) Contracting of functions.--
            ``(A) In general.--The Administrator may contract with an 
        agent or agents to carry out on behalf of the Administrator the 
        pooling and the central registration functions provided for in 
        this section, including, not withstanding any other provision 
        of law--
                ``(i) maintenance, on behalf of and under the direction 
            of the Administrator, of such commercial bank accounts or 
            investments in obligations of the United States as may be 
            necessary to facilitate the creation of trusts or pools 
            backed by debentures guaranteed under this part; and
                ``(ii) the issuance of trust certificates to facilitate 
            the creation of such trusts or pools.
            ``(B) Fidelity bond or insurance requirement.--Any agent 
        performing functions on behalf of the Administrator under this 
        paragraph shall provide a fidelity bond or insurance in such 
        amounts as the Administrator determines to be necessary to 
        fully protect the interests of the United States.
        ``(3) Regulation of brokers and dealers.--The Administrator may 
    regulate brokers and dealers in trust certificates issued under 
    this section.
        ``(4) Electronic registration.--Nothing in this subsection may 
    be construed to prohibit the use of a book-entry or other 
    electronic form of registration for trust certificates issued under 
    this section.

``SEC. 387. FEES.

    ``(a) In General.--Except as provided in section 386(d), the 
Administrator may charge such fees as it determines appropriate with 
respect to any guarantee or grant issued under this part, in an amount 
established annually by the Administrator, as necessary to reduce to 
zero the cost (as defined in section 502 of the Federal Credit Reform 
Act of 1990) to the Administration of purchasing and guaranteeing 
debentures under this part, which amounts shall be paid to and retained 
by the Administration.
    ``(b) Offset.--The Administrator may, as provided by section 388, 
offset fees charged and collected under subsection (a).

``SEC. 388. FEE CONTRIBUTION.

    ``(a) In General.--To the extent that amounts are made available to 
the Administrator for the purpose of fee contributions, the 
Administrator shall contribute to fees paid by the Renewable Fuel 
Capital Investment companies under section 387.
    ``(b) Annual Adjustment.--Each fee contribution under subsection 
(a) shall be effective for 1 fiscal year and shall be adjusted as 
necessary for each fiscal year thereafter to ensure that amounts under 
subsection (a) are fully used. The fee contribution for a fiscal year 
shall be based on the outstanding commitments made and the guarantees 
and grants that the Administrator projects will be made during that 
fiscal year, given the program level authorized by law for that fiscal 
year and any other factors that the Administrator determines 
appropriate.

``SEC. 389. OPERATIONAL ASSISTANCE GRANTS.

    ``(a) In General.--
        ``(1) Authority.--The Administrator may make grants to 
    Renewable Fuel Capital Investment companies to provide operational 
    assistance to smaller enterprises financed, or expected to be 
    financed, by such companies or other entities.
        ``(2) Terms.--A grant under this subsection shall be made over 
    a multiyear period not to exceed 10 years, under such other terms 
    as the Administrator may require.
        ``(3) Grant amount.--The amount of a grant made under this 
    subsection to a Renewable Fuel Capital Investment company shall be 
    equal to the lesser of--
            ``(A) 10 percent of the resources (in cash or in-kind) 
        raised by the company under section 384(d)(2); or
            ``(B) $1,000,000.
        ``(4) Pro rata reductions.--If the amount made available to 
    carry out this section is insufficient for the Administrator to 
    provide grants in the amounts provided for in paragraph (3), the 
    Administrator shall make pro rata reductions in the amounts 
    otherwise payable to each company and entity under such paragraph.
        ``(5) Grants to conditionally approved companies.--
            ``(A) In general.--Subject to subparagraphs (B) and (C), 
        upon the request of a company conditionally approved under 
        section 384(c), the Administrator shall make a grant to the 
        company under this subsection.
            ``(B) Repayment by companies not approved.--If a company 
        receives a grant under this paragraph and does not enter into a 
        participation agreement for final approval, the company shall, 
        subject to controlling Federal law, repay the amount of the 
        grant to the Administrator.
            ``(C) Deduction of grant to approved company.--If a company 
        receives a grant under this paragraph and receives final 
        approval under section 384(e), the Administrator shall deduct 
        the amount of the grant from the total grant amount the company 
        receives for operational assistance.
            ``(D) Amount of grant.--No company may receive a grant of 
        more than $100,000 under this paragraph.
    ``(b) Supplemental Grants.--
        ``(1) In general.--The Administrator may make supplemental 
    grants to Renewable Fuel Capital Investment companies and to other 
    entities, as authorized by this part, under such terms as the 
    Administrator may require, to provide additional operational 
    assistance to smaller enterprises financed, or expected to be 
    financed, by the companies.
        ``(2) Matching requirement.--The Administrator may require, as 
    a condition of any supplemental grant made under this subsection, 
    that the company or entity receiving the grant provide from 
    resources (in a cash or in kind), other then those provided by the 
    Administrator, a matching contribution equal to the amount of the 
    supplemental grant.
    ``(c) Limitation.--None of the assistance made available under this 
section may be used for any overhead or general and administrative 
expense of a Renewable Fuel Capital Investment company.

``SEC. 390. BANK PARTICIPATION.

    ``(a) In General.--Except as provided in subsection (b), any 
national bank, any member bank of the Federal Reserve System, and (to 
the extent permitted under applicable State law) any insured bank that 
is not a member of such system, may invest in any Renewable Fuel 
Capital Investment company, or in any entity established to invest 
solely in Renewable Fuel Capital Investment companies.
    ``(b) Limitation.--No bank described in subsection (a) may make 
investments described in such subsection that are greater than 5 
percent of the capital and surplus of the bank.

``SEC. 391. FEDERAL FINANCING BANK.

    ``Notwithstanding section 318, the Federal Financing Bank may 
acquire a debenture issued by a Renewable Fuel Capital Investment 
company under this part.

``SEC. 392. REPORTING REQUIREMENT.

    ``Each Renewable Fuel Capital Investment company that participates 
in the program established under this part shall provide to the 
Administrator such information as the Administrator may require, 
including--
        ``(1) information related to the measurement criteria that the 
    company proposed in its program application; and
        ``(2) in each case in which the company makes, under this part, 
    an investment in, or a loan or a grant to, a business that is not 
    primarily engaged in the research, development, manufacture, or 
    bringing to market or renewable energy sources, a report on the 
    nature, origin, and revenues of the business in which investments 
    are made.

``SEC. 393. EXAMINATIONS.

    ``(a) In General.--Each Renewable Fuel Capital Investment company 
that participates in the program established under this part shall be 
subject to examinations made at the direction of the Investment 
Division of the Administration in accordance with this section.
    ``(b) Assistance of Private Sector Entities.--Examinations under 
this section may be conducted with the assistance of a private sector 
entity that has both the qualifications and the expertise necessary to 
conduct such examinations.
    ``(c) Costs.--
        ``(1) Assessment.--
            ``(A) In general.--The Administrator may assess the cost of 
        examinations under this section, including compensation of the 
        examiners, against the company examined.
            ``(B) Payment.--Any company against which the Administrator 
        assesses costs under this paragraph shall pay such costs.
        ``(2) Deposit of funds.--Funds collected under this section 
    shall be deposited in the account for salaries and expenses of the 
    Administration.

``SEC. 394. MISCELLANEOUS.

    ``To the extent such procedures are not inconsistent with the 
requirements of this part, the Administrator may take such action as 
set forth in sections 309, 311, 312, and 314 and an officer, director, 
employee, agent, or other participant in the management or conduct of 
the affairs of a Renewable Fuel Capital Investment company shall be 
subject to the requirements of such sections.

``SEC. 395. REMOVAL OR SUSPENSION OF DIRECTORS OR OFFICERS.

    ``Using the procedures for removing or suspending a director or an 
officer of a licensee set forth in section 313 (to the extent such 
procedures are not inconsistent with the requirements of this part), 
the Administrator may remove or suspend any director or officer of any 
Renewable Fuel Capital Investment company.

``SEC. 396. REGULATIONS.

    ``The Administrator may issue such regulations as the Administrator 
determines necessary to carry out the provisions of this part in 
accordance with its purposes.

``SEC. 397. AUTHORIZATIONS OF APPROPRIATIONS.

    ``(a) In General.--Subject to the availability of appropriations, 
the Administrator is authorized to make $15,000,000 in operational 
assistance grants under section 389 for each of fiscal years 2008 and 
2009.
    ``(b) Funds Collected for Examinations.--Funds deposited under 
section 393(c)(2) are authorized to be appropriated only for the costs 
of examinations under section 393 and for the costs of other oversight 
activities with respect to the program established under this part.

``SEC. 398. TERMINATION.

    ``The program under this part shall terminate at the end of the 
second full fiscal year after the date that the Administrator 
establishes the program under this part.''.

SEC. 1208. STUDY AND REPORT.

    The Administrator of the Small Business Administration shall 
conduct a study of the Renewable Fuel Capital Investment Program under 
part C of title III of the Small Business Investment Act of 1958, as 
added by this Act. Not later than 3 years after the date of enactment 
of this Act, the Administrator shall complete the study under this 
section and submit to Congress a report regarding the results of the 
study.

                         TITLE XIII--SMART GRID

SEC. 1301. STATEMENT OF POLICY ON MODERNIZATION OF ELECTRICITY GRID.

    It is the policy of the United States to support the modernization 
of the Nation's electricity transmission and distribution system to 
maintain a reliable and secure electricity infrastructure that can meet 
future demand growth and to achieve each of the following, which 
together characterize a Smart Grid:
        (1) Increased use of digital information and controls 
    technology to improve reliability, security, and efficiency of the 
    electric grid.
        (2) Dynamic optimization of grid operations and resources, with 
    full cyber-security.
        (3) Deployment and integration of distributed resources and 
    generation, including renewable resources.
        (4) Development and incorporation of demand response, demand-
    side resources, and energy-efficiency resources.
        (5) Deployment of ``smart'' technologies (real-time, automated, 
    interactive technologies that optimize the physical operation of 
    appliances and consumer devices) for metering, communications 
    concerning grid operations and status, and distribution automation.
        (6) Integration of ``smart'' appliances and consumer devices.
        (7) Deployment and integration of advanced electricity storage 
    and peak-shaving technologies, including plug-in electric and 
    hybrid electric vehicles, and thermal-storage air conditioning.
        (8) Provision to consumers of timely information and control 
    options.
        (9) Development of standards for communication and 
    interoperability of appliances and equipment connected to the 
    electric grid, including the infrastructure serving the grid.
        (10) Identification and lowering of unreasonable or unnecessary 
    barriers to adoption of smart grid technologies, practices, and 
    services.

SEC. 1302. SMART GRID SYSTEM REPORT.

    The Secretary, acting through the Assistant Secretary of the Office 
of Electricity Delivery and Energy Reliability (referred to in this 
section as the ``OEDER'') and through the Smart Grid Task Force 
established in section 1303, shall, after consulting with any 
interested individual or entity as appropriate, no later than 1 year 
after enactment, and every 2 years thereafter, report to Congress 
concerning the status of smart grid deployments nationwide and any 
regulatory or government barriers to continued deployment. The report 
shall provide the current status and prospects of smart grid 
development, including information on technology penetration, 
communications network capabilities, costs, and obstacles. It may 
include recommendations for State and Federal policies or actions 
helpful to facilitate the transition to a smart grid. To the extent 
appropriate, it should take a regional perspective. In preparing this 
report, the Secretary shall solicit advice and contributions from the 
Smart Grid Advisory Committee created in section 1303; from other 
involved Federal agencies including but not limited to the Federal 
Energy Regulatory Commission (``Commission''), the National Institute 
of Standards and Technology (``Institute''), and the Department of 
Homeland Security; and from other stakeholder groups not already 
represented on the Smart Grid Advisory Committee.

SEC. 1303. SMART GRID ADVISORY COMMITTEE AND SMART GRID TASK FORCE.

    (a) Smart Grid Advisory Committee.--
        (1) Establishment.--The Secretary shall establish, within 90 
    days of enactment of this Part, a Smart Grid Advisory Committee 
    (either as an independent entity or as a designated sub-part of a 
    larger advisory committee on electricity matters). The Smart Grid 
    Advisory Committee shall include eight or more members appointed by 
    the Secretary who have sufficient experience and expertise to 
    represent the full range of smart grid technologies and services, 
    to represent both private and non-Federal public sector 
    stakeholders. One member shall be appointed by the Secretary to 
    Chair the Smart Grid Advisory Committee.
        (2) Mission.--The mission of the Smart Grid Advisory Committee 
    shall be to advise the Secretary, the Assistant Secretary, and 
    other relevant Federal officials concerning the development of 
    smart grid technologies, the progress of a national transition to 
    the use of smart-grid technologies and services, the evolution of 
    widely-accepted technical and practical standards and protocols to 
    allow interoperability and inter-communication among smart-grid 
    capable devices, and the optimum means of using Federal incentive 
    authority to encourage such progress.
        (3) Applicability of federal advisory committee act.--The 
    Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the 
    Smart Grid Advisory Committee.
    (b) Smart Grid Task Force.--
        (1) Establishment.--The Assistant Secretary of the Office of 
    Electricity Delivery and Energy Reliability shall establish, within 
    90 days of enactment of this Part, a Smart Grid Task Force composed 
    of designated employees from the various divisions of that office 
    who have responsibilities related to the transition to smart-grid 
    technologies and practices. The Assistant Secretary or his designee 
    shall be identified as the Director of the Smart Grid Task Force. 
    The Chairman of the Federal Energy Regulatory Commission and the 
    Director of the National Institute of Standards and Technology 
    shall each designate at least one employee to participate on the 
    Smart Grid Task Force. Other members may come from other agencies 
    at the invitation of the Assistant Secretary or the nomination of 
    the head of such other agency. The Smart Grid Task Force shall, 
    without disrupting the work of the Divisions or Offices from which 
    its members are drawn, provide an identifiable Federal entity to 
    embody the Federal role in the national transition toward 
    development and use of smart grid technologies.
        (2) Mission.--The mission of the Smart Grid Task Force shall be 
    to insure awareness, coordination and integration of the diverse 
    activities of the Office and elsewhere in the Federal Government 
    related to smart-grid technologies and practices, including but not 
    limited to: smart grid research and development; development of 
    widely accepted smart-grid standards and protocols; the 
    relationship of smart-grid technologies and practices to electric 
    utility regulation; the relationship of smart-grid technologies and 
    practices to infrastructure development, system reliability and 
    security; and the relationship of smart-grid technologies and 
    practices to other facets of electricity supply, demand, 
    transmission, distribution, and policy. The Smart Grid Task Force 
    shall collaborate with the Smart Grid Advisory Committee and other 
    Federal agencies and offices. The Smart Grid Task Force shall meet 
    at the call of its Director as necessary to accomplish its mission.
    (c) Authorization.--There are authorized to be appropriated for the 
purposes of this section such sums as are necessary to the Secretary to 
support the operations of the Smart Grid Advisory Committee and Smart 
Grid Task Force for each of fiscal years 2008 through 2020.

SEC. 1304. 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, including those 
    concerning communications network capabilities, in a grid control 
    room environment against a representative set of local outage and 
    wide area blackout scenarios;
        (5) to identify communications network capacity needed to 
    implement advanced technologies.
        (6) to investigate the feasibility of a transition to time-of-
    use and real-time electricity pricing;
        (7) to develop algorithms for use in electric transmission 
    system software applications;
        (8) 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
        (9) 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.
            (D) Ineligibility for grants.--No person or entity 
        participating in any demonstration project conducted under this 
        subsection shall be eligible for grants under section 1306 for 
        otherwise qualifying investments made as part of that 
        demonstration project.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated--
        (1) to carry out subsection (a), such sums as are necessary for 
    each of fiscal years 2008 through 2012; and
        (2) to carry out subsection (b), $100,000,000 for each of 
    fiscal years 2008 through 2012.

SEC. 1305. SMART GRID INTEROPERABILITY FRAMEWORK.

    (a) Interoperability Framework.--The Director of the National 
Institute of Standards and Technology shall have primary responsibility 
to coordinate the development of a framework that includes protocols 
and model standards for information management to achieve 
interoperability of smart grid devices and systems. Such protocols and 
standards shall further 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. In developing such protocols and 
standards--
        (1) the Director shall seek input and cooperation from the 
    Commission, OEDER and its Smart Grid Task Force, the Smart Grid 
    Advisory Committee, other relevant Federal and State agencies; and
        (2) the Director shall also solicit input and cooperation from 
    private entities interested in such protocols and standards, 
    including but not limited to the Gridwise Architecture Council, the 
    International Electrical and Electronics Engineers, the National 
    Electric Reliability Organization recognized by the Federal Energy 
    Regulatory Commission, and National Electrical Manufacturer's 
    Association.
    (b) Scope of Framework.--The framework developed under subsection 
(a) shall be flexible, uniform and technology neutral, including but 
not limited to technologies for managing smart grid information, and 
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;
        (3) to consider the use of 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; and
        (4) such voluntary standards should incorporate appropriate 
    manufacturer lead time.
    (c) Timing of Framework Development.--The Institute shall begin 
work pursuant to this section within 60 days of enactment. The 
Institute shall provide and publish an initial report on progress 
toward recommended or consensus standards and protocols within 1 year 
after enactment, further reports at such times as developments warrant 
in the judgment of the Institute, and a final report when the Institute 
determines that the work is completed or that a Federal role is no 
longer necessary.
    (d) Standards for Interoperability in Federal Jurisdiction.--At any 
time after the Institute's work has led to sufficient consensus in the 
Commission's judgment, the Commission shall institute a rulemaking 
proceeding to adopt such standards and protocols as may be necessary to 
insure smart-grid functionality and interoperability in interstate 
transmission of electric power, and regional and wholesale electricity 
markets.
    (e) Authorization.--There are authorized to be appropriated for the 
purposes of this section $5,000,000 to the Institute to support the 
activities required by this subsection for each of fiscal years 2008 
through 2012.

SEC. 1306. FEDERAL MATCHING FUND FOR SMART GRID INVESTMENT COSTS.

    (a) Matching Fund.--The Secretary shall establish a Smart Grid 
Investment Matching Grant Program to provide reimbursement of one-fifth 
(20 percent) of qualifying Smart Grid investments.
    (b) Qualifying Investments.--Qualifying Smart Grid investments may 
include any of the following made on or after the date of enactment of 
this Act:
        (1) In the case of appliances covered for purposes of 
    establishing energy conservation standards under part B of title 
    III of the Energy Policy and Conservation Act of 1975 (42 U.S.C. 
    6291 et seq.), the documented expenditures incurred by a 
    manufacturer of such appliances associated with purchasing or 
    designing, creating the ability to manufacture, and manufacturing 
    and installing for one calendar year, internal devices that allow 
    the appliance to engage in Smart Grid functions.
        (2) In the case of specialized electricity-using equipment, 
    including motors and drivers, installed in industrial or commercial 
    applications, the documented expenditures incurred by its owner or 
    its manufacturer of installing devices or modifying that equipment 
    to engage in Smart Grid functions.
        (3) In the case of transmission and distribution equipment 
    fitted with monitoring and communications devices to enable smart 
    grid functions, the documented expenditures incurred by the 
    electric utility to purchase and install such monitoring and 
    communications devices.
        (4) In the case of metering devices, sensors, control devices, 
    and other devices integrated with and attached to an electric 
    utility system or retail distributor or marketer of electricity 
    that are capable of engaging in Smart Grid functions, the 
    documented expenditures incurred by the electric utility, 
    distributor, or marketer and its customers to purchase and install 
    such devices.
        (5) In the case of software that enables devices or computers 
    to engage in Smart Grid functions, the documented purchase costs of 
    the software.
        (6) In the case of entities that operate or coordinate 
    operations of regional electric grids, the documented expenditures 
    for purchasing and installing such equipment that allows Smart Grid 
    functions to operate and be combined or coordinated among multiple 
    electric utilities and between that region and other regions.
        (7) In the case of persons or entities other than electric 
    utilities owning and operating a distributed electricity generator, 
    the documented expenditures of enabling that generator to be 
    monitored, controlled, or otherwise integrated into grid operations 
    and electricity flows on the grid utilizing Smart Grid functions.
        (8) In the case of electric or hybrid-electric vehicles, the 
    documented expenses for devices that allow the vehicle to engage in 
    Smart Grid functions (but not the costs of electricity storage for 
    the vehicle).
        (9) The documented expenditures related to purchasing and 
    implementing Smart Grid functions in such other cases as the 
    Secretary shall identify. In making such grants, the Secretary 
    shall seek to reward innovation and early adaptation, even if 
    success is not complete, rather than deployment of proven and 
    commercially viable technologies.
    (c) Investments Not Included.--Qualifying Smart Grid investments do 
not include any of the following:
        (1) Investments or expenditures for Smart Grid technologies, 
    devices, or equipment that are eligible for specific tax credits or 
    deductions under the Internal Revenue Code, as amended.
        (2) Expenditures for electricity generation, transmission, or 
    distribution infrastructure or equipment not directly related to 
    enabling Smart Grid functions.
        (3) After the final date for State consideration of the Smart 
    Grid Information Standard under section 1307 (paragraph (17) of 
    section 111(d) of the Public Utility Regulatory Policies Act of 
    1978), an investment that is not in compliance with such standard.
        (4) After the development and publication by the Institute of 
    protocols and model standards for interoperability of smart grid 
    devices and technologies, an investment that fails to incorporate 
    any of such protocols or model standards.
        (5) Expenditures for physical interconnection of generators or 
    other devices to the grid except those that are directly related to 
    enabling Smart Grid functions.
        (6) Expenditures for ongoing salaries, benefits, or personnel 
    costs not incurred in the initial installation, training, or start 
    up of smart grid functions.
        (7) Expenditures for travel, lodging, meals or other personal 
    costs.
        (8) Ongoing or routine operation, billing, customer relations, 
    security, and maintenance expenditures.
        (9) Such other expenditures that the Secretary determines not 
    to be Qualifying Smart Grid Investments by reason of the lack of 
    the ability to perform Smart Grid functions or lack of direct 
    relationship to Smart Grid functions.
    (d) Smart Grid Functions.--The term ``smart grid functions'' means 
any of the following:
        (1) The ability to develop, store, send and receive digital 
    information concerning electricity use, costs, prices, time of use, 
    nature of use, storage, or other information relevant to device, 
    grid, or utility operations, to or from or by means of the electric 
    utility system, through one or a combination of devices and 
    technologies.
        (2) The ability to develop, store, send and receive digital 
    information concerning electricity use, costs, prices, time of use, 
    nature of use, storage, or other information relevant to device, 
    grid, or utility operations to or from a computer or other control 
    device.
        (3) The ability to measure or monitor electricity use as a 
    function of time of day, power quality characteristics such as 
    voltage level, current, cycles per second, or source or type of 
    generation and to store, synthesize or report that information by 
    digital means.
        (4) The ability to sense and localize disruptions or changes in 
    power flows on the grid and communicate such information 
    instantaneously and automatically for purposes of enabling 
    automatic protective responses to sustain reliability and security 
    of grid operations.
        (5) The ability to detect, prevent, communicate with regard to, 
    respond to, or recover from system security threats, including 
    cyber-security threats and terrorism, using digital information, 
    media, and devices.
        (6) The ability of any appliance or machine to respond to such 
    signals, measurements, or communications automatically or in a 
    manner programmed by its owner or operator without independent 
    human intervention.
        (7) The ability to use digital information to operate 
    functionalities on the electric utility grid that were previously 
    electro-mechanical or manual.
        (8) The ability to use digital controls to manage and modify 
    electricity demand, enable congestion management, assist in voltage 
    control, provide operating reserves, and provide frequency 
    regulation.
        (9) Such other functions as the Secretary may identify as being 
    necessary or useful to the operation of a Smart Grid.
    (e) The Secretary shall--
        (1) establish and publish in the Federal Register, within 1 
    year after the enactment of this Act procedures by which applicants 
    who have made qualifying Smart Grid investments can seek and obtain 
    reimbursement of one-fifth of their documented expenditures;
        (2) establish procedures to ensure that there is no duplication 
    or multiple reimbursement for the same investment or costs, that 
    the reimbursement goes to the party making the actual expenditures 
    for Qualifying Smart Grid Investments, and that the grants made 
    have significant effect in encouraging and facilitating the 
    development of a smart grid;
        (3) maintain public records of reimbursements made, recipients, 
    and qualifying Smart Grid investments which have received 
    reimbursements;
        (4) establish procedures to provide, in cases deemed by the 
    Secretary to be warranted, advance payment of moneys up to the full 
    amount of the projected eventual reimbursement, to creditworthy 
    applicants whose ability to make Qualifying Smart Grid Investments 
    may be hindered by lack of initial capital, in lieu of any later 
    reimbursement for which that applicant qualifies, and subject to 
    full return of the advance payment in the event that the Qualifying 
    Smart Grid investment is not made; and
        (5) have and exercise the discretion to deny grants for 
    investments that do not qualify in the reasonable judgment of the 
    Secretary.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as are necessary for the 
administration of this section and the grants to be made pursuant to 
this section for fiscal years 2008 through 2012.

SEC. 1307. STATE CONSIDERATION OF SMART GRID.

    (a) 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.--
            ``(A) In general.--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.
        ``(17) Smart grid information.--
            ``(A) Standard.--All electricity purchasers shall be 
        provided direct access, in written or electronic machine-
        readable form as appropriate, to information from their 
        electricity provider as provided in subparagraph (B).
            ``(B) Information.--Information provided under this 
        section, to the extent practicable, shall include:
                ``(i) Prices.--Purchasers and other interested persons 
            shall be provided with information on--

                    ``(I) time-based electricity prices in the 
                wholesale electricity market; and
                    ``(II) time-based electricity retail prices or 
                rates that are available to the purchasers.

                ``(ii) Usage.--Purchasers shall be provided with the 
            number of electricity units, expressed in kwh, purchased by 
            them.
                ``(iii) Intervals and projections.--Updates of 
            information on prices and usage shall be offered on not 
            less than a daily basis, shall include hourly price and use 
            information, where available, and shall include a day-ahead 
            projection of such price information to the extent 
            available.
                ``(iv) Sources.--Purchasers and other interested 
            persons shall be provided annually with written information 
            on the sources of the power provided by the utility, to the 
            extent it can be determined, by type of generation, 
            including greenhouse gas emissions associated with each 
            type of generation, for intervals during which such 
            information is available on a cost-effective basis.
            ``(C) Access.--Purchasers shall be able to access their own 
        information at any time through the Internet and on other means 
        of communication elected by that utility for Smart Grid 
        applications. Other interested persons shall be able to access 
        information not specific to any purchaser through the Internet. 
        Information specific to any purchaser shall be provided solely 
        to that purchaser.''.
    (b) Compliance.--
        (1) Time limitations.--Section 112(b) of the Public Utility 
    Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by 
    adding the following at the end thereof:
        ``(6)(A) Not later than 1 year after the enactment of this 
    paragraph, each State regulatory authority (with respect to each 
    electric utility for which it has ratemaking authority) and each 
    nonregulated utility shall commence the consideration referred to 
    in section 111, or set a hearing date for consideration, with 
    respect to the standards established by paragraphs (17) through 
    (18) of section 111(d).
        ``(B) Not later than 2 years after the date of the enactment of 
    this paragraph, each State regulatory authority (with respect to 
    each electric utility for which it has ratemaking authority), and 
    each nonregulated electric utility, shall complete the 
    consideration, and shall make the determination, referred to in 
    section 111 with respect to each standard established by paragraphs 
    (17) through (18) of section 111(d).''.
        (2) Failure to comply.--Section 112(c) of the Public Utility 
    Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended by 
    adding the following at the end:
    ``In the case of the standards established by paragraphs (16) 
through (19) of section 111(d), the reference contained in this 
subsection to the date of enactment of this Act shall be deemed to be a 
reference to the date of enactment of such paragraphs.''.
        (3) Prior state actions.--Section 112(d) of the Public Utility 
    Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) is amended by 
    inserting ``and paragraphs (17) through (18)'' before ``of section 
    111(d)''.

SEC. 1308. 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).

SEC. 1309. DOE STUDY OF SECURITY ATTRIBUTES OF SMART GRID SYSTEMS.

    (a) DOE Study.--The Secretary shall, within 18 months after the 
date of enactment of this Act, submit a report to Congress that 
provides a quantitative assessment and determination of the existing 
and potential impacts of the deployment of Smart Grid systems on 
improving the security of the Nation's electricity infrastructure and 
operating capability. The report shall include but not be limited to 
specific recommendations on each of the following:
        (1) How smart grid systems can help in making the Nation's 
    electricity system less vulnerable to disruptions due to 
    intentional acts against the system.
        (2) How smart grid systems can help in restoring the integrity 
    of the Nation's electricity system subsequent to disruptions.
        (3) How smart grid systems can facilitate nationwide, 
    interoperable emergency communications and control of the Nation's 
    electricity system during times of localized, regional, or 
    nationwide emergency.
        (4) What risks must be taken into account that smart grid 
    systems may, if not carefully created and managed, create 
    vulnerability to security threats of any sort, and how such risks 
    may be mitigated.
    (b) Consultation.--The Secretary shall consult with other Federal 
agencies in the development of the report under this section, including 
but not limited to the Secretary of Homeland Security, the Federal 
Energy Regulatory Commission, and the Electric Reliability Organization 
certified by the Commission under section 215(c) of the Federal Power 
Act (16 U.S.C. 824o) as added by section 1211 of the Energy Policy Act 
of 2005 (Public Law 109-58; 119 Stat. 941).

                     TITLE XIV--POOL AND SPA SAFETY

SEC. 1401. SHORT TITLE.

    This title may be cited as the ``Virginia Graeme Baker Pool and Spa 
Safety Act''.

SEC. 1402. FINDINGS.

    Congress finds the following:
        (1) Of injury-related deaths, drowning is the second leading 
    cause of death in children aged 1 to 14 in the United States.
        (2) In 2004, 761 children aged 14 and under died as a result of 
    unintentional drowning.
        (3) Adult supervision at all aquatic venues is a critical 
    safety factor in preventing children from drowning.
        (4) Research studies show that the installation and proper use 
    of barriers or fencing, as well as additional layers of protection, 
    could substantially reduce the number of childhood residential 
    swimming pool drownings and near drownings.

SEC. 1403. DEFINITIONS.

    In this title:
        (1) ASME/ANSI.--The term ``ASME/ANSI'' as applied to a safety 
    standard means such a standard that is accredited by the American 
    National Standards Institute and published by the American Society 
    of Mechanical Engineers.
        (2) Barrier.--The term ``barrier'' includes a natural or 
    constructed topographical feature that prevents unpermitted access 
    by children to a swimming pool, and, with respect to a hot tub, a 
    lockable cover.
        (3) Commission.--The term ``Commission'' means the Consumer 
    Product Safety Commission.
        (4) Main drain.--The term ``main drain'' means a submerged 
    suction outlet typically located at the bottom of a pool or spa to 
    conduct water to a recirculating pump.
        (5) Safety vacuum release system.--The term ``safety vacuum 
    release system'' means a vacuum release system capable of providing 
    vacuum release at a suction outlet caused by a high vacuum 
    occurrence due to a suction outlet flow blockage.
        (6) Swimming pool; spa.--The term ``swimming pool'' or ``spa'' 
    means any outdoor or indoor structure intended for swimming or 
    recreational bathing, including in-ground and above-ground 
    structures, and includes hot tubs, spas, portable spas, and non-
    portable wading pools.
        (7) Unblockable drain.--The term ``unblockable drain'' means a 
    drain of any size and shape that a human body cannot sufficiently 
    block to create a suction entrapment hazard.

SEC. 1404. FEDERAL SWIMMING POOL AND SPA DRAIN COVER STANDARD.

    (a) Consumer Product Safety Rule.--The requirements described in 
subsection (b) shall be treated as a consumer product safety rule 
issued by the Consumer Product Safety Commission under the Consumer 
Product Safety Act (15 U.S.C. 2051 et seq.).
    (b) Drain Cover Standard.--Effective 1 year after the date of 
enactment of this title, each swimming pool or spa drain cover 
manufactured, distributed, or entered into commerce in the United 
States shall conform to the entrapment protection standards of the 
ASME/ANSI A112.19.8 performance standard, or any successor standard 
regulating such swimming pool or drain cover.
    (c) Public Pools.--
        (1) Required equipment.--
            (A) In general.--Beginning 1 year after the date of 
        enactment of this title--
                (i) each public pool and spa in the United States shall 
            be equipped with anti-entrapment devices or systems that 
            comply with the ASME/ANSI A112.19.8 performance standard, 
            or any successor standard; and
                (ii) each public pool and spa in the United States with 
            a single main drain other than an unblockable drain shall 
            be equipped, at a minimum, with 1 or more of the following 
            devices or systems designed to prevent entrapment by pool 
            or spa drains that meets the requirements of subparagraph 
            (B):

                    (I) Safety vacuum release system.--A safety vacuum 
                release system which ceases operation of the pump, 
                reverses the circulation flow, or otherwise provides a 
                vacuum release at a suction outlet when a blockage is 
                detected, that has been tested by an independent third 
                party and found to conform to ASME/ANSI standard 
                A112.19.17 or ASTM standard F2387.
                    (II) Suction-limiting vent system.--A suction-
                limiting vent system with a tamper-resistant 
                atmospheric opening.
                    (III) Gravity drainage system.--A gravity drainage 
                system that utilizes a collector tank.
                    (IV) Automatic pump shut-off system.--An automatic 
                pump shut-off system.
                    (V) Drain disablement.--A device or system that 
                disables the drain.
                    (VI) Other systems.--Any other system determined by 
                the Commission to be equally effective as, or better 
                than, the systems described in subclauses (I) through 
                (V) of this clause at preventing or eliminating the 
                risk of injury or death associated with pool drainage 
                systems.

            (B) Applicable standards.--Any device or system described 
        in subparagraph (A)(ii) shall meet the requirements of any 
        ASME/ANSI or ASTM performance standard if there is such a 
        standard for such a device or system, or any applicable 
        consumer product safety standard.
        (2) Public pool and spa defined.--In this subsection, the term 
    ``public pool and spa'' means a swimming pool or spa that is--
            (A) open to the public generally, whether for a fee or free 
        of charge;
            (B) open exclusively to--
                (i) members of an organization and their guests;
                (ii) residents of a multi-unit apartment building, 
            apartment complex, residential real estate development, or 
            other multi-family residential area (other than a 
            municipality, township, or other local government 
            jurisdiction); or
                (iii) patrons of a hotel or other public accommodations 
            facility; or
            (C) operated by the Federal Government (or by a 
        concessionaire on behalf of the Federal Government) for the 
        benefit of members of the Armed Forces and their dependents or 
        employees of any department or agency and their dependents.
        (3) Enforcement.--Violation of paragraph (1) shall be 
    considered to be a violation of section 19(a)(1) of the Consumer 
    Product Safety Act (15 U.S.C. 2068(a)(1)) and may also be enforced 
    under section 17 of that Act (15 U.S.C. 2066).

SEC. 1405. STATE SWIMMING POOL SAFETY GRANT PROGRAM.

    (a) In General.--Subject to the availability of appropriations 
authorized by subsection (e), the Commission shall establish a grant 
program to provide assistance to eligible States.
    (b) Eligibility.--To be eligible for a grant under the program, a 
State shall--
        (1) demonstrate to the satisfaction of the Commission that it 
    has a State statute, or that, after the date of enactment of this 
    title, it has enacted a statute, or amended an existing statute, 
    and provides for the enforcement of, a law that--
            (A) except as provided in section 1406(a)(1)(A)(i), applies 
        to all swimming pools in the State; and
            (B) meets the minimum State law requirements of section 
        1406; and
        (2) submit an application to the Commission at such time, in 
    such form, and containing such additional information as the 
    Commission may require.
    (c) Amount of Grant.--The Commission shall determine the amount of 
a grant awarded under this title, and shall consider--
        (1) the population and relative enforcement needs of each 
    qualifying State; and
        (2) allocation of grant funds in a manner designed to provide 
    the maximum benefit from the program in terms of protecting 
    children from drowning or entrapment, and, in making that 
    allocation, shall give priority to States that have not received a 
    grant under this title in a preceding fiscal year.
    (d) Use of Grant Funds.--A State receiving a grant under this 
section shall use--
        (1) at least 50 percent of amounts made available to hire and 
    train enforcement personnel for implementation and enforcement of 
    standards under the State swimming pool and spa safety law; and
        (2) the remainder--
            (A) to educate pool construction and installation companies 
        and pool service companies about the standards;
            (B) to educate pool owners, pool operators, and other 
        members of the public about the standards under the swimming 
        pool and spa safety law and about the prevention of drowning or 
        entrapment of children using swimming pools and spas; and
            (C) to defray administrative costs associated with such 
        training and education programs.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission for each of fiscal years 2009 and 2010 
$2,000,000 to carry out this section, such sums to remain available 
until expended. Any amounts appropriated pursuant to this subsection 
that remain unexpended and unobligated at the end of fiscal year 2010 
shall be retained by the Commission and credited to the appropriations 
account that funds enforcement of the Consumer Product Safety Act.

SEC. 1406. MINIMUM STATE LAW REQUIREMENTS.

    (a) In General.--
        (1) Safety standards.--A State meets the minimum State law 
    requirements of this section if--
            (A) the State requires by statute--
                (i) the enclosure of all outdoor residential pools and 
            spas by barriers to entry that will effectively prevent 
            small children from gaining unsupervised and unfettered 
            access to the pool or spa;
                (ii) that all pools and spas be equipped with devices 
            and systems designed to prevent entrapment by pool or spa 
            drains;
                (iii) that pools and spas built more than 1 year after 
            the date of the enactment of such statute have--

                    (I) more than 1 drain;
                    (II) 1 or more unblockable drains; or
                    (III) no main drain;

                (iv) every swimming pool and spa that has a main drain, 
            other than an unblockable drain, be equipped with a drain 
            cover that meets the consumer product safety standard 
            established by section 1404; and
                (v) that periodic notification is provided to owners of 
            residential swimming pools or spas about compliance with 
            the entrapment protection standards of the ASME/ANSI 
            A112.19.8 performance standard, or any successor standard; 
            and
            (B) the State meets such additional State law requirements 
        for pools and spas as the Commission may establish after public 
        notice and a 30-day public comment period.
        (2) No liability inference associated with state notification 
    requirement.--The minimum State law notification requirement under 
    paragraph (1)(A)(v) shall not be construed to imply any liability 
    on the part of a State related to that requirement.
        (3) Use of minimum state law requirements.--The Commission--
            (A) shall use the minimum State law requirements under 
        paragraph (1) solely for the purpose of determining the 
        eligibility of a State for a grant under section 1405 of this 
        Act; and
            (B) may not enforce any requirement under paragraph (1) 
        except for the purpose of determining the eligibility of a 
        State for a grant under section 1405 of this Act.
        (4) Requirements to reflect national performance standards and 
    commission guidelines.--In establishing minimum State law 
    requirements under paragraph (1), the Commission shall--
            (A) consider current or revised national performance 
        standards on pool and spa barrier protection and entrapment 
        prevention; and
            (B) ensure that any such requirements are consistent with 
        the guidelines contained in the Commission's publication 362, 
        entitled ``Safety Barrier Guidelines for Home Pools'', the 
        Commission's publication entitled ``Guidelines for Entrapment 
        Hazards: Making Pools and Spas Safer'', and any other pool 
        safety guidelines established by the Commission.
    (b) Standards.--Nothing in this section prevents the Commission 
from promulgating standards regulating pool and spa safety or from 
relying on an applicable national performance standard.
    (c) Basic Access-Related Safety Devices and Equipment Requirements 
To Be Considered.--In establishing minimum State law requirements for 
swimming pools and spas under subsection (a)(1), the Commission shall 
consider the following requirements:
        (1) Covers.--A safety pool cover.
        (2) Gates.--A gate with direct access to the swimming pool or 
    spa that is equipped with a self-closing, self-latching device.
        (3) Doors.--Any door with direct access to the swimming pool or 
    spa that is equipped with an audible alert device or alarm which 
    sounds when the door is opened.
        (4) Pool alarm.--A device designed to provide rapid detection 
    of an entry into the water of a swimming pool or spa.
    (d) Entrapment, Entanglement, and Evisceration Prevention Standards 
To Be Required.--
        (1) In general.--In establishing additional minimum State law 
    requirements for swimming pools and spas under subsection (a)(1), 
    the Commission shall require, at a minimum, 1 or more of the 
    following (except for pools constructed without a single main 
    drain):
            (A) Safety vacuum release system.--A safety vacuum release 
        system which ceases operation of the pump, reverses the 
        circulation flow, or otherwise provides a vacuum release at a 
        suction outlet when a blockage is detected, that has been 
        tested by an independent third party and found to conform to 
        ASME/ANSI standard A112.19.17 or ASTM standard F2387, or any 
        successor standard.
            (B) Suction-limiting vent system.--A suction-limiting vent 
        system with a tamper-resistant atmospheric opening.
            (C) Gravity drainage system.--A gravity drainage system 
        that utilizes a collector tank.
            (D) Automatic pump shut-off system.--An automatic pump 
        shut-off system.
            (E) Drain disablement.--A device or system that disables 
        the drain.
            (F) Other systems.--Any other system determined by the 
        Commission to be equally effective as, or better than, the 
        systems described in subparagraphs (A) through (E) of this 
        paragraph at preventing or eliminating the risk of injury or 
        death associated with pool drainage systems.
        (2) Applicable standards.--Any device or system described in 
    subparagraphs (B) through (E) of paragraph (1) shall meet the 
    requirements of any ASME/ANSI or ASTM performance standard if there 
    is such a standard for such a device or system, or any applicable 
    consumer product safety standard.

SEC. 1407. EDUCATION PROGRAM.

    (a) In General.--The Commission shall establish and carry out an 
education program to inform the public of methods to prevent drowning 
and entrapment in swimming pools and spas. In carrying out the program, 
the Commission shall develop--
        (1) educational materials designed for pool manufacturers, pool 
    service companies, and pool supply retail outlets;
        (2) educational materials designed for pool owners and 
    operators; and
        (3) a national media campaign to promote awareness of pool and 
    spa safety.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission for each of the fiscal years 2008 
through 2012 $5,000,000 to carry out the education program authorized 
by subsection (a).

SEC. 1408. CPSC REPORT.

    Not later than 1 year after the last day of each fiscal year for 
which grants are made under section 1405, the Commission shall submit 
to Congress a report evaluating the implementation of the grant program 
authorized by that section.

                      TITLE XV--REVENUE PROVISIONS

SEC. 1500. AMENDMENT OF 1986 CODE.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Internal Revenue Code of 
1986.

SEC. 1501. EXTENSION OF ADDITIONAL 0.2 PERCENT FUTA SURTAX.

    (a) In General.--Section 3301 (relating to rate of tax) is 
amended--
        (1) by striking ``2007'' in paragraph (1) and inserting 
    ``2008'', and
        (2) by striking ``2008'' in paragraph (2) and inserting 
    ``2009''.
    (b) Effective Date.--The amendments made by this section shall 
apply to wages paid after December 31, 2007.

SEC. 1502. 7-YEAR AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL 
              EXPENDITURES FOR CERTAIN MAJOR INTEGRATED OIL COMPANIES.

    (a) In General.--Subparagraph (A) of section 167(h)(5) (relating to 
special rule for major integrated oil companies) is amended by striking 
``5-year'' and inserting ``7-year''.
    (b) Effective Date.--The amendment made by this section shall apply 
to amounts paid or incurred after the date of the enactment of this 
Act.

                       TITLE XVI--EFFECTIVE DATE

SEC. 1601. EFFECTIVE DATE.

    This Act and the amendments made by this Act take effect on the 
date that is 1 day after the date of enactment of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.