[Congressional Record Volume 153, Number 82 (Thursday, May 17, 2007)]
[Senate]
[Pages S6268-S6310]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mrs. FEINSTEIN:
S. 1417. A bill to direct the Secretary of Veterans Affairs to submit
a report to Congress providing a master plan for the use of the West
Los Angeles Department of Veterans Affairs Medical Center, California,
and for other purposes; to the Committee on Veterans' Affairs.
Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation
to maintain the land on the West Los Angeles Veterans Affairs Medical
Center campus for the exclusive use of America's Veterans.
This legislation is a companion to an identical bill introduced by
Congressman Waxman in the House earlier this month.
The bill would:
Prohibit the Department of Veterans Affairs, VA, from issuing
enhanced-use lease agreements on the West Los Angeles VA property;
expand the scope of the Cranston Act, which already prohibits the
disposal of land and the use of enhanced-use leases on 109 acres, to
cover the entire 388-acre West Los Angeles VA property; prohibit the VA
from exchanging, trading, auctioning or transferring any land connected
to the West Los Angeles VA; require that a master plan related to the
West Los Angeles VA property be completed no later than 1 year after
this legislation is enacted; prohibit the VA from receiving funding to
enact the provisions of a master plan for the West Los Angeles VA
without first receiving Congressional authorization; and establish a
public advisory committee, consisting of federally elected
representatives, local elected officials, local Veterans, and community
members to provide input on the master plan.
The bill I am introducing today is absolutely essential in light of a
number of unacceptable actions previously taken by the VA that, in my
view, violate the spirit, if not the letter, of the law.
In March, I joined with my colleagues Senator Barbara Boxer and
Congressman Henry Waxman in writing a letter to VA Secretary James
Nicholson, strongly objecting to recent decisions made by the VA
relating to the West Los Angeles VA facility and land.
For example, the VA has signed sharing agreements to allow an
Enterprise-
[[Page S6269]]
Rent-A-Car facility to operate on the VA land. The VA also continues to
film on the property and recently allowed Fox Studios to construct a
set storage building there.
In 1996, a 65,000-seat NFL Football stadium was proposed for the open
space on the West Los Angeles VA land until Congress passed a
resolution to prohibit this action.
This legislation also ensures that the VA never issues an enhanced-
use lease agreement on the West Los Angeles VA property that would have
little or nothing to do with direct veterans services.
The VA now has a number of other effective tools at its disposal to
provide services directly to veterans, including sharing agreements and
existing legislation to address homeless veterans' needs.
If the VA is already exceeding the scope of its sharing agreements,
it is likely to also pursue enhanced-use leases for developing the
property. Enhanced-use leases are disposal tools and should not be
permitted on the West Los Angeles VA land, as the community and local
veterans overwhelmingly oppose them.
Notably, Congress mandated that the VA create a Land Use master plan
for the entire West Los Angeles Veterans' property in 1998, Public Law
105-368.
Last year, the Senate approved language in the fiscal year 2007
MILCON/VA Appropriations bill that required the VA to provide the
Appropriations Committees a report on the master plan for the West Los
Angeles VA Medical Center and connected land.
The fiscal year 2007 MILCON/VA Appropriations Act passed the Senate
on November 18, 2006.
Unfortunately, all but 2 of the 11 Appropriations bills, including
MILCON/VA, were ultimately packaged together in a continuing resolution
for fiscal year 2007, and the language was never considered by the full
Congress.
For too long, commercial interests have trumped the needs of our
Veterans.
These 388 acres of land were donated to the Government in 1888
specifically for serving and supporting our Nation's veterans and I
strongly believe they should remain that way.
This bill would make sure that this happens.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1417
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``West Los Angeles Department
of Veterans Affairs Medical Center Preservation Act of
2007''.
SEC. 2. PROHIBITION ON DISPOSAL OF DEPARTMENT OF VETERANS
AFFAIRS LANDS AND IMPROVEMENTS AT WEST LOS
ANGELES MEDICAL CENTER, CALIFORNIA.
(a) In General.--The Secretary of Veterans Affairs may not
declare as excess to the needs of the Department of Veterans
Affairs, or otherwise take any action to exchange, trade,
auction, transfer, or otherwise dispose of, or reduce the
acreage of, Federal land and improvements at the Department
of Veterans Affairs West Los Angeles Medical Center,
California, encompassing approximately 388 acres on the north
and south sides of Wilshire Boulevard and west of the 405
Freeway.
(b) Special Provision Regarding Lease With Representative
of the Homeless.--Notwithstanding any provision of this Act,
Section 7 of the Homeless Veterans Comprehensive Services Act
of 1992 (Public Law 102-590) shall remain in effect.
(c) Conforming Amendment.--Section 8162(c)(1) of title 38,
United States Code, is amended by inserting ``or section 2(a)
of the West Los Angeles Department of Veterans Affairs
Medical Center Preservation Act of 2007'' after ``section 421
(b)(2) of the Veterans' Benefits and Services Act of 1988
(Public Law 100-322; 102 Stat. 553)''.
SEC. 3. MASTER PLAN REGARDING USE OF DEPARTMENT OF VETERANS
AFFAIRS LANDS AT WEST LOS ANGELES MEDICAL
CENTER, CALIFORNIA.
(a) Finding.--Congress finds that section 707 of the
Veterans Programs Enhancement Act of 1998 (Public Law 105-
368) required the Secretary of Veterans Affairs to submit to
Congress a report on the master plan of the Department of
Veterans Affairs, or a plan for the development of such a
master plan, relating to the use of Department land at the
West Los Angeles Department of Veterans Affairs Medical
Center, California.
(b) Master Plan Required.--Not later than one year after
the date of the enactment of this Act, the Secretary shall
submit to the appropriate congressional committees a report
providing a master plan, consistent with the provisions of
this Act, for the use of the Federal land and improvements
described in section 2(a).
(c) Advisory Committee.--The Secretary shall appoint a
committee to advise the Secretary in developing the master
plan. The committee shall include representatives of State
and local governments, veterans, veterans' service
organizations, and community organizations. The committee
shall be composed of 9 members, who shall be appointed by the
Secretary, of whom two shall be appointed on the
recommendation of the Member of Congress representing the
30th district of California, and two each shall be appointed
on the recommendation of each of the Senators from
California.
(d) Limitation on Funding.--Except for direct veterans'
services, no funding shall be available to implement the
master plan except pursuant to provisions of law enacted
after the date of the receipt by the appropriate
congressional committees of the report providing such plan.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Veterans' Affairs and the Committee on
Appropriations of the Senate; and
(B) the Committee on Veterans' Affairs and the Committee on
Appropriations of the House of Representatives.
(2) Direct veterans' services.--The term ``direct veterans'
services'' means services directly related to maintaining the
health, welfare, and support of veterans.
______
By Mr. DODD (for himself, Mr. Brown, Mr. Smith, and Mr. Leahy):
S. 1418. A bill to provide assistance to improve the health of
newborns, children, and mothers in developing countries, and for other
purposes; to the Committee on Foreign Relations.
Mr. DODD. Mr. President, I rise today to introduce, on behalf of
myself and good friend, Senator Gordon Smith, the United States
Commitment to Global Child Survival Act of 2007.
This bill seeks to drastically reduce child and maternal mortality
rates abroad. It is a goal entirely within our reach, relying on tools
that are already within our grasp. We have the power to save millions
of innocent lives; and there is no better measure for the success of
our foreign aid.
The legislation would perform three simple yet vital functions.
First, it would require the administration to develop and implement a
strategy to improve the health of, and reduce mortality rates among,
newborns, children, and mothers in developing countries.
Second, it would establish a task force to monitor and evaluate the
progress of the relevant departments and agencies of our Government in
meeting by 2015 the U.N. Millennium Development Goals related to
reducing mortality rates for mothers and for children under 5.
Third, it would authorize appropriations for programs that improve
the health of newborns, children, and mothers in developing countries.
Specifically, it would increase funding for child survival programs
from the current level of around $350 million to $600 million in fiscal
year 2008, $900 million in fiscal year 2009, $1.2 billion in fiscal
year 2010, and up to $1.6 billion in fiscal year 2011-2012.
I know that some of my colleagues will dispute the wisdom of such a
large investment. None of them would deny this issue's importance; but
some may question its priority. How can we answer them?
In a world of seemingly intractable problems, we have here an
opportunity for quick and uncomplicated success. Each dollar we spend
in this cause helps to save a vulnerable life.
And what is more, we have already given our word. As part of the
Millennium Development Goals, the United States made an explicit
commitment, along with 188 other countries, to reducing child and
maternal mortality. But at current funding levels, we are set to renege
on that promise by a wide margin.
On September 14, 2005, President Bush stated that the United States
is ``committed to the Millennium Development Goals.'' I commend the
President for his words, but they have not been matched with action.
As we reach the goals' halfway mark, the world's progress is
distressingly slow. The leading medical journal The Lancet reports
that, of the 60 countries accounting for 90 percent of child
[[Page S6270]]
deaths, ``only 7 are on track to meet the goal for reducing child
mortality, 39 are making some progress, and 14 are cause for serious
concern.''
Now what does that mean in real, human terms? It means each year over
10 million children under the age of 5 die in the developing world,
that's approximately 30,000 each day. About 4 million of those children
die in their first 4 weeks of life. In many cases, they aren't even
provided with a fighting chance. Preventable or treatable diseases such
as measles, tetanus, diarrhea, pneumonia, and malaria are the most
common causes of death.
Similarly, more than 525,000 women die from causes related to
pregnancy and childbirth, more than 1,400 each day. Some of the most
common risk factors for maternal death include early pregnancy and
childbirth, closely spaced births, infectious diseases, malnutrition,
and complications during childbirth.
Nearly every one of those deaths is entirely preventable. And that
fact makes a poor American commitment inexcusable.
That commitment will not require new medicine. It will not require
sophisticated technology. The tools we need are already at hand. Even
now, simple measures are saving lives in the developing world.
Studies in the Lancet tell us that, for just over $5 billion, the
world could prevent two-thirds of under-5 child deaths with proven,
low-cost, high-impact interventions. For 6 million lives, that is a
bargain.
How cheap are these lifesaving measures? Oral rehydration therapy for
diarrhea costs 6 cents per treatment. Antibiotics to treat respiratory
infections cost a quarter per treatment. Encouraging breastfeeding,
providing vitamin supplements and immunizations, and expanding basic
clinical care are just as cost effective.
This bill incrementally scales up U.S. funding for child and maternal
health programs up to $1.6 billion by 2011. That is a third of the
money the world needs to save those 6 million children's lives, and it
is proportionate to our efforts against HIV/AIDS, TB, and malaria. And
it is less money than we spend in Iraq in just 1 week. Yes, 1 week.
To be clear, America is not new to this battle. We've had some
significant successes: Between 1960 and 1990, U.S. investment in
reducing child mortality in the developing world contributed to a 50
percent reduction in under-5 deaths. Over the past 20 years, we have
devoted over $6 billion to child survival programs.
But as I have noted, at current funding levels in the U.S. and
abroad, the world will not meet the Millennium Development Goals.
Certainly, America cannot meet them alone. But with a strong effort, we
can galvanize other nations to do their part and come forward with the
funds we need to save lives.
So I am proud to offer the Global Child Survival Act of 2007, a bill
with widespread, bipartisan, bicameral support. It has been endorsed by
Save the Children, the US Fund for UNICEF, and the One Campaign; is
being jointly introduced with my good friend Senator Gordon Smith from
across the aisle; and was introduced last week in the House in a
bipartisan manner by Congresswoman Betty McCollum and Congressman Chris
Shays.
For me it's simple. As the world's only superpower and largest
economy, the United States is in a unique position to tackle the
toughest challenges of our times. Where we can make a concrete
difference, we must not fail to act. Where we have the tools to
alleviate death and suffering, we must deliver them.
So I urge my colleagues to support this bill. Millions of lives are
in the balance.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1418
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Commitment to
Global Child Survival Act of 2007''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) In 2000, the United States joined 188 countries in
committing to achieve 8 Millennium Development Goals (MDGs)
by 2015, including ``MDG 4'' and ``MDG 5'' that aim to reduce
the mortality rate of children under the age of 5 by \2/3\
and maternal mortality rate by \3/4\ in developing countries,
respectively.
(2) The significant commitment of the United States to
reducing child mortality in the developing world contributed
to a 50-percent reduction in the mortality rate of children
under the age of 5 between 1960 and 1990, and over the past
20 years, the United States has invested over $6,000,000,000
in child survival programs run by the United States Agency
for International Development.
(3) According to one of the world's leading medical
journals, the Lancet, despite United States and global
efforts to achieve MDG 4, of the 60 countries that account
for 94 percent of under-5 child deaths, ``only seven
countries are on track to meet MDG 4, thirty-nine countries
are making some progress, although they need to accelerate
the speed, and fourteen countries are cause for serious
concern''.
(4) 10,500,000 children under the age of 5 die annually,
over 29,000 children per day, from easily preventable and
treatable causes, including 4,000,000 newborns who die in the
first 4 weeks of life.
(5) 3,000,000 children die each year due to lack of access
to low-cost antibiotics and antimalarial drugs, and 1,700,000
die from diseases for which vaccines are readily available.
(6) Maternal health is an important determinant of neonatal
survival with maternal death increasing death rates for
newborns to as high as 100 percent in certain countries in
the developing world.
(7) Approximately 525,000 women die every year in the
developing world from causes related to pregnancy and
childbirth.
(8) Risk factors for maternal death in developing countries
include pregnancy and childbirth at an early age, closely
spaced births, infectious diseases, malnutrition, and
complications during childbirth.
(9) According to the Lancet, nearly \2/3\ of annual child
and newborn deaths, 6,000,000 children, can be avoided in
accordance with MDG 4 if a package of high impact, low-cost
interventions were made available at a total, additional,
annual cost of $5,100,000,000, including oral rehydration
therapy for diarrhea ($0.06 per treatment) and antibiotics to
treat respiratory infections ($0.25 per treatment).
(10) 2,000,000 lives could be saved annually by providing
oral rehydration therapy prepared with clean water.
(11) Exclusive breastfeeding--giving only breast milk for
the first 6 months of life--could prevent an estimated
1,300,000 newborn and infant deaths each year, primarily by
protecting against diarrhea and pneumonia.
(12) Expansion of clinical care for newborns and mothers,
such as clean delivery by skilled attendants, emergency
obstetric care, and neonatal resuscitation, can avert 50
percent of newborn deaths and reduce maternal mortality.
(13) The United Nations Children's Fund (UNICEF), with
support from the World Health Organization, the World Bank,
and the African Union, has successfully demonstrated the
accelerated child survival and development program in
Senegal, Mali, Benin, and Ghana, reducing mortality of
children under the age of 5 by 20 percent in targeted areas
using low-cost, high-impact interventions.
(14) On September 14, 2005, President George W. Bush stated
before the United Nations High-Level Plenary Meeting that the
United States is ``committed to the Millennium Development
Goals''.
(15) Nearing the halfway point of attaining the MDGs by
2015 with thousands of avoidable newborn, child, and maternal
deaths still occurring, the United States must immediately
scale up its funding and delivery of proven low-cost, life-
saving interventions in order to fulfill its commitment to
help ensure that MDGs 4 and 5 are met.
(b) Purposes.--The purposes of this Act are--
(1) to develop a strategy to reduce mortality and improve
the health of newborns, children, and mothers, and authorize
assistance for its implementation; and
(2) to establish a task force to assess, monitor, and
evaluate the progress and contributions of relevant
departments and agencies of the United States Government in
achieving MDGs 4 and 5.
SEC. 3. ASSISTANCE TO IMPROVE THE HEALTH OF NEWBORNS,
CHILDREN, AND MOTHERS IN DEVELOPING COUNTRIES.
(a) In General.--Chapter 1 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended--
(1) in section 104(c)--
(A) by striking paragraphs (2) and (3); and
(B) by redesignating paragraph (4) as paragraph (2); and
(2) by inserting after section 104C the following new
section:
``SEC. 104D. ASSISTANCE TO REDUCE MORTALITY AND IMPROVE THE
HEALTH OF NEWBORNS, CHILDREN, AND MOTHERS.
``(a) Authorization.--Consistent with section 104(c), the
President is authorized to furnish assistance, on such terms
and conditions as the President may determine, to reduce
mortality and improve the health of
[[Page S6271]]
newborns, children, and mothers in developing countries.
``(b) Activities Supported.--Assistance provided under
subsection (a) shall, to the maximum extent practicable, be
used to carry out the following activities:
``(1) Activities to improve newborn care and treatment.
``(2) Activities to treat childhood illness, including
increasing access to appropriate treatment for diarrhea,
pneumonia, and other life-threatening childhood illnesses.
``(3) Activities to improve child and maternal nutrition,
including the delivery of iron, zinc, vitamin A, iodine, and
other key micronutrients and the promotion of breastfeeding.
``(4) Activities to strengthen the delivery of immunization
services, including efforts to eliminate polio.
``(5) Activities to improve birth preparedness and
maternity services.
``(6) Activities to improve the recognition and treatment
of obstetric complications and disabilities.
``(7) Activities to improve household-level behavior
related to safe water, hygiene, exposure to indoor smoke, and
environmental toxins such as lead.
``(8) Activities to improve capacity for health governance,
health finance, and the health workforce, including support
for training clinicians, nurses, technicians, sanitation and
public health workers, community-based health works,
midwives, birth attendants, peer educators, volunteers, and
private sector enterprises.
``(9) Activities to address antimicrobial resistance in
child and maternal health.
``(10) Activities to establish and support the management
information systems of host country institutions and the
development and use of tools and models to collect, analyze,
and disseminate information related to newborn, child, and
maternal health.
``(11) Activities to develop and conduct needs assessments,
baseline studies, targeted evaluations, or other information-
gathering efforts for the design, monitoring, and evaluation
of newborn, child, and maternal health efforts.
``(12) Activities to integrate and coordinate assistance
provided under this section with existing health programs
for--
``(A) the prevention of the transmission of HIV from
mother-to-child and other HIV/AIDS counseling, care, and
treatment activities;
``(B) malaria;
``(C) tuberculosis; and
``(D) child spacing.
``(c) Guidelines.--To the maximum extent practicable,
programs, projects, and activities carried out using
assistance provided under this section shall be--
``(1) carried out through private and voluntary
organizations, including faith-based organizations, and
relevant international and multilateral organizations,
including the GAVI Alliance and UNICEF, that demonstrate
effectiveness and commitment to improving the health of
newborns, children, and mothers;
``(2) carried out with input by host countries, including
civil society and local communities, as well as other donors
and multilateral organizations;
``(3) carried out with input by beneficiaries and other
directly affected populations, especially women and
marginalized communities; and
``(4) designed to build the capacity of host country
governments and civil society organizations.
``(d) Annual Report.--Not later than January 31 of each
year, the President shall transmit to Congress a report on
the implementation of this section for the prior fiscal year.
``(e) Definitions.--In this section:
``(1) AIDS.--The term `AIDS' has the meaning given the term
in section 104A(g)(1) of this Act.
``(2) HIV.--The term `HIV' has the meaning given the term
in section 104A(g)(2) of this Act.
``(3) HIV/AIDS.--The term `HIV/AIDS' has the meaning given
the term in section 104A(g)(3) of this Act.''.
(b) Conforming Amendments.--The Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) is amended--
(1) in section 104(c)(2) (as redesignated by subsection
(a)(1)(B) of this section), by striking ``and 104C'' and
inserting ``104C, and 104D'';
(2) in section 104A--
(A) in subsection (c)(1), by inserting ``and section 104D''
after ``section 104(c)''; and
(B) in subsection (f), by striking ``section 104(c), this
section, section 104B, and section 104C'' and inserting
``section 104(c), this section, section 104B, section 104C,
and section 104D'';
(3) in subsection (c) of section 104B, by inserting ``and
section 104D'' after ``section 104(c)'';
(4) in subsection (c) of section 104C, by inserting ``and
section 104D'' after ``section 104(c)''; and
(5) in the first sentence of section 119(c), by striking
``section 104(c)(2), relating to Child Survival Fund'' and
inserting ``section 104D''.
SEC. 4. DEVELOPMENT OF STRATEGY TO REDUCE MORTALITY AND
IMPROVE THE HEALTH OF NEWBORNS, CHILDREN, AND
MOTHERS IN DEVELOPING COUNTRIES.
(a) Development of Strategy.--The President shall develop
and implement a comprehensive strategy to improve the health
of newborns, children, and mothers in developing countries.
(b) Components.--The comprehensive United States Government
strategy developed pursuant to subsection (a) shall include
the following:
(1) An identification of not less than 60 countries with
priority needs for the 5-year period beginning on the date of
the enactment of this Act based on--
(A) the number and rate of neonatal deaths;
(B) the number and rate of child deaths; and
(C) the number and rate of maternal deaths.
(2) For each country identified in paragraph (1)--
(A) an assessment of the most common causes of newborn,
child, and maternal mortality;
(B) a description of the programmatic areas and
interventions providing maximum health benefits to
populations at risk and maximum reduction in mortality;
(C) an assessment of the investments needed in identified
programs and interventions to achieve the greatest results;
(D) a description of how United States assistance
complements and leverages efforts by other donors and builds
capacity and self-sufficiency among recipient countries; and
(E) a description of goals and objectives for improving
newborn, child, and maternal health, including, to the extent
feasible, objective and quantifiable indicators.
(3) An expansion of the Child Survival and Health Grants
Program of the United States Agency for International
Development, at least proportionate to any increase in child
and maternal health assistance, to provide additional support
programs and interventions determined to be efficacious and
cost-effective.
(4) Enhanced coordination among relevant departments and
agencies of the United States Government engaged in
activities to improve the health and well-being of newborns,
children, and mothers in developing countries.
(5) A description of the measured or estimated impact on
child morbidity and mortality of each project or program.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall transmit to
Congress a report that contains the strategy described in
this section.
SEC. 5. INTERAGENCY TASK FORCE ON CHILD SURVIVAL AND MATERNAL
HEALTH IN DEVELOPING COUNTRIES.
(a) Establishment.--There is established a task force to be
known as the Interagency Task Force on Child Survival and
Maternal Health in Developing Countries (in this section
referred to as the ``Task Force'').
(b) Duties.--
(1) In general.--The Task Force shall assess, monitor, and
evaluate the progress and contributions of relevant
departments and agencies of the United States Government in
achieving MDGs 4 and 5 in developing countries, including
by--
(A) identifying and evaluating programs and interventions
that directly or indirectly contribute to the reduction of
child and maternal mortality rates;
(B) assessing effectiveness of programs, interventions, and
strategies toward achieving the maximum reduction of child
and maternal mortality rates;
(C) assessing the level of coordination among relevant
departments and agencies of the United States Government, the
international community, international organizations, faith-
based organizations, academic institutions, and the private
sector;
(D) assessing the contributions made by United States-
funded programs toward achieving MDGs 4 and 5;
(E) identifying the bilateral efforts of other nations and
multilateral efforts toward achieving MDGs 4 and 5; and
(F) preparing the annual report required by subsection (f).
(2) Consultation.--To the maximum extent practicable, the
Task Force shall consult with individuals with expertise in
the matters to be considered by the Task Force who are not
officers or employees of the United States Government,
including representatives of United States-based
nongovernmental organizations (including faith-based
organizations and private foundations), academic
institutions, private corporations, the United Nations
Children's Fund (UNICEF), and the World Bank.
(c) Membership.--
(1) Number and appointment.--The Task Force shall be
composed of the following members:
(A) The Administrator of the United States Agency for
International Development.
(B) The Assistant Secretary of State for Population,
Refugees and Migration.
(C) The Coordinator of United States Government Activities
to Combat HIV/AIDS Globally.
(D) The Director of the Office of Global Health Affairs of
the Department of Health and Human Services.
(E) The Under Secretary for Food, Nutrition and Consumer
Services of the Department of Agriculture.
(F) The Chief Executive Officer of the Millennium Challenge
Corporation.
(G) Other officials of relevant departments and agencies of
the Federal Government who shall be appointed by the
President.
(H) Two ex officio members appointed by the Speaker of the
House of Representatives
[[Page S6272]]
in consultation with the Minority Leader of the House of
Representatives.
(I) Two ex officio members appointed by the Majority Leader
of the Senate in consultation with the Minority Leader of the
Senate.
(2) Chairperson.--The Administrator of the United States
Agency for International Development shall serve as
chairperson of the Task Force.
(d) Meetings.--The Task Force shall meet on a regular
basis, not less often than quarterly, on a schedule to be
agreed upon by the members of the Task Force, and starting
not later than 90 days after the date of the enactment of
this Act.
(e) Definition.--In this subsection, the term ``Millennium
Development Goals'' means the key development objectives
described in the United Nations Millennium Declaration, as
contained in United Nations General Assembly Resolution 55/2
(September 2000).
(f) Report.--Not later than 120 days after the date of the
enactment of this Act, and not later than April 30 of each
year thereafter, the Task Force shall submit to Congress and
the President a report on the implementation of this section.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out this Act, and the amendments made by this Act,
$600,000,000 for fiscal year 2008, $900,000,000 for fiscal
year 2009, $1,200,000,000 for fiscal year 2010, and
$1,600,000,000 for each of fiscal years 2011 and 2012.
(b) Availability of Funds.--Amounts appropriated pursuant
to the authorization of appropriations under subsection (a)
are authorized to remain available until expended.
______
By Mr. REID:
S. 1419. A bill to move the United States toward greater energy
independence and security, to increase the production of clean
renewable fuels, to protect consumers from price gouging, to increase
the energy 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; placed on the calendar.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1419
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Renewable
Fuels, Consumer Protection, and Energy Efficiency Act of
2007''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Relationship to other law.
TITLE I--BIOFUELS FOR ENERGY SECURITY AND TRANSPORTATION
Sec. 101. Short title.
Sec. 102. Definitions.
Subtitle A--Renewable Fuel Standard
Sec. 111. Renewable fuel standard.
Sec. 112. Production of renewable fuel using renewable energy.
Subtitle B--Renewable Fuels Infrastructure
Sec. 121. Infrastructure pilot program for renewable fuels.
Sec. 122. Bioenergy research and development.
Sec. 123. Bioresearch centers for systems biology program.
Sec. 124. Loan guarantees for renewable fuel facilities.
Sec. 125. Grants for renewable fuel production research and development
in certain States.
Sec. 126. Grants for infrastructure for transportation of biomass to
local biorefineries.
Sec. 127. Biorefinery information center.
Sec. 128. Alternative fuel database and materials.
Sec. 129. Fuel tank cap labeling requirement.
Sec. 130. Biodiesel.
Subtitle C--Studies
Sec. 141. Study of advanced biofuels technologies.
Sec. 142. Study of increased consumption of ethanol-blended gasoline
with higher levels of ethanol.
Sec. 143. Pipeline feasibility study.
Sec. 144. Study of optimization of flexible fueled vehicles to use E-85
fuel.
Sec. 145. Study of credits for use of renewable electricity in electric
vehicles.
Sec. 146. Study of engine durability associated with the use of
biodiesel.
Sec. 147. Study of incentives for renewable fuels.
Sec. 148. Study of streamlined lifecycle analysis tools for the
evaluation of renewable carbon content of biofuels.
Sec. 149. Study of the adequacy of railroad transportation of
domestically-produced renewable fuel.
Sec. 150. Study of effects of ethanol-blended gasoline on off road
vehicles.
TITLE II--ENERGY EFFICIENCY PROMOTION
Sec. 201. Short title.
Sec. 202. Definition of Secretary.
Subtitle A--Promoting Advanced Lighting Technologies
Sec. 211. Accelerated procurement of energy efficient lighting.
Sec. 212. Incandescent reflector lamp efficiency standards.
Sec. 213. Bright Tomorrow Lighting Prizes.
Sec. 214. Sense of Senate concerning efficient lighting standards.
Sec. 215. Renewable energy construction grants.
Subtitle B--Expediting New Energy Efficiency Standards
Sec. 221. Definition of energy conservation standard.
Sec. 222. Regional efficiency standards for heating and cooling
products.
Sec. 223. Furnace fan rulemaking.
Sec. 224. Expedited rulemakings.
Sec. 225. Periodic reviews.
Sec. 226. Energy efficiency labeling for consumer products.
Sec. 227. Residential boiler efficiency standards.
Sec. 228. Technical corrections.
Sec. 229. Electric motor efficiency standards.
Sec. 230. Energy standards for home appliances.
Sec. 231. Improved energy efficiency for appliances and buildings in
cold climates.
Sec. 232. Deployment of new technologies for high-efficiency consumer
products.
Sec. 233. Industrial efficiency program.
Subtitle C--Promoting High Efficiency Vehicles, Advanced Batteries, and
Energy Storage
Sec. 241. Lightweight materials research and development.
Sec. 242. Loan guarantees for fuel-efficient automobile parts
manufacturers.
Sec. 243. Advanced technology vehicles manufacturing incentive program.
Sec. 244. Energy storage competitiveness.
Sec. 245. Advanced transportation technology program.
Subtitle D--Setting Energy Efficiency Goals
Sec. 251. National goals for energy savings in transportation.
Sec. 252. National energy efficiency improvement goals.
Sec. 253. National media campaign.
Sec. 254. Modernization of electricity grid system.
Subtitle E--Promoting Federal Leadership in Energy Efficiency and
Renewable Energy
Sec. 261. Federal fleet conservation requirements.
Sec. 262. Federal requirement to purchase electricity generated by
renewable energy.
Sec. 263. Energy savings performance contracts.
Sec. 264. Energy management requirements for Federal buildings.
Sec. 265. Combined heat and power and district energy installations at
Federal sites.
Sec. 266. Federal building energy efficiency performance standards.
Sec. 267. Application of International Energy Conservation Code to
public and assisted housing.
Sec. 268. Energy efficient commercial buildings initiative.
Subtitle F--Assisting State and Local Governments in Energy Efficiency
Sec. 271. Weatherization assistance for low-income persons.
Sec. 272. State energy conservation plans.
Sec. 273. Utility energy efficiency programs.
Sec. 274. Energy efficiency and demand response program assistance.
Sec. 275. Energy and environmental block grant.
Sec. 276. Energy sustainability and efficiency grants for institutions
of higher education.
Sec. 277. Workforce training.
Sec. 278. Assistance to States to reduce school bus idling.
TITLE III--CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION
Sec. 301. Short title.
Sec. 302. Carbon capture and storage research, development, and
demonstration program.
Sec. 303. Carbon dioxide storage capacity assessment.
Sec. 304. Carbon capture and storage initiative.
TITLE IV--PUBLIC BUILDINGS COST REDUCTION
Sec. 401. Short title.
Sec. 402. Cost-effective technology acceleration program.
Sec. 403. Environmental Protection Agency demonstration grant program
for local governments.
Sec. 404. Definitions.
TITLE V--CORPORATE AVERAGE FUEL ECONOMY STANDARDS
Sec. 501. Short title.
Sec. 502. Average fuel economy standards for automobiles, medium-duty
trucks, and heavy duty trucks.
Sec. 503. Amending fuel economy standards.
Sec. 504. Definitions.
Sec. 505. Ensuring safety of automobiles.
Sec. 506. Credit trading program.
Sec. 507. Labels for fuel economy and greenhouse gas emissions.
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Sec. 508. Continued applicability of existing standards.
Sec. 509. National Academy of Sciences studies.
Sec. 510. Standards for Executive agency automobiles.
Sec. 511. Ensuring availability of flexible fuel automobiles.
Sec. 512. Increasing consumer awareness of flexible fuel automobiles.
Sec. 513. Periodic review of accuracy of fuel economy labeling
procedures.
Sec. 514. Tire fuel efficiency consumer information.
Sec. 515. Advanced Battery Initiative.
Sec. 516. Biodiesel standards.
Sec. 517. Use of civil penalties for research and development.
Sec. 518. Authorization of appropriations.
TITLE VI--PRICE GOUGING
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Prohibition on price gouging during Energy emergencies.
Sec. 604. Prohibition on market manipulation.
Sec. 605. Prohibition on false information.
Sec. 606. Presidential declaration of Energy emergency.
Sec. 607. Enforcement by the Federal Trade Commission.
Sec. 608. Enforcement by State Attorneys General.
Sec. 609. Penalties.
Sec. 610. Effect on other laws.
TITLE VII--ENERGY DIPLOMACY AND SECURITY
Sec. 701. Short title.
Sec. 702. Definitions.
Sec. 703. Sense of Congress on energy diplomacy and security.
Sec. 704. Strategic energy partnerships.
Sec. 705. International energy crisis response mechanisms.
Sec. 706. Hemisphere energy cooperation forum.
Sec. 707. Appropriate congressional committees defined.
SEC. 2. RELATIONSHIP TO OTHER LAW.
Except to the extent expressly provided in this Act or an
amendment made by this Act, nothing in this Act or an
amendment made by this Act supersedes, limits the authority
provided or responsibility conferred by, or authorizes any
violation of any provision of law (including a regulation),
including any energy or environmental law or regulation.
TITLE I--BIOFUELS FOR ENERGY SECURITY AND TRANSPORTATION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Biofuels for Energy
Security and Transportation Act of 2007''.
SEC. 102. DEFINITIONS.
In this title:
(1) Advanced biofuel.--
(A) In general.--The term ``advanced biofuel'' means fuel
derived from renewable biomass other than corn starch.
(B) Inclusions.--The term ``advanced biofuel'' includes--
(i) ethanol derived from cellulose, hemicellulose, or
lignin;
(ii) ethanol derived from sugar or starch, other than
ethanol derived from corn starch;
(iii) ethanol derived from waste material, including crop
residue, other vegetative waste material, animal waste, and
food waste and yard waste;
(iv) diesel-equivalent fuel derived from renewable biomass,
including vegetable oil and animal fat;
(v) biogas produced through the conversion of organic
matter from renewable biomass; and
(vi) butanol or higher alcohols produced through the
conversion of organic matter from renewable biomass.
(2) Cellulosic biomass ethanol.--The term ``cellulosic
biomass ethanol'' means ethanol derived from any cellulose,
hemicellulose, or lignin that is derived from renewable
biomass.
(3) Conventional biofuel.--The term ``conventional
biofuel'' means ethanol derived from corn starch.
(4) Renewable biomass.--The term ``renewable biomass''
means--
(A) biomass (as defined by section 210 of the Energy Policy
Act of 2005 (42 U.S.C. 15855)) (excluding the bole of old-
growth trees of a forest from the late successional state of
forest development) that is harvested where permitted by law
and in accordance with applicable land management plans
from--
(i) National Forest System land; or
(ii) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702)); or
(B) any organic matter that is available on a renewable or
recurring basis from non-Federal land or from land belonging
to an Indian tribe, or an Indian individual, that is held in
trust by the United States or subject to a restriction
against alienation imposed by the United States, including--
(i) renewable plant material, including--
(I) feed grains;
(II) other agricultural commodities;
(III) other plants and trees; and
(IV) algae; and
(ii) waste material, including--
(I) crop residue;
(II) other vegetative waste material (including wood waste
and wood residues);
(III) animal waste and byproducts (including fats, oils,
greases, and manure); and
(IV) food waste and yard waste.
(5) Renewable fuel.--
(A) In general.--The term ``renewable fuel'' means motor
vehicle fuel, boiler fuel, or home heating fuel that is--
(i) produced from renewable biomass; and
(ii) used to replace or reduce the quantity of fossil fuel
present in a fuel or fuel mixture used to operate a motor
vehicle, boiler, or furnace.
(B) Inclusion.--The term ``renewable fuel'' includes--
(i) conventional biofuel; and
(ii) advanced biofuel.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy
(7) Small refinery.--The term ``small refinery'' means a
refinery for which the average aggregate daily crude oil
throughput for a calendar year (as determined by dividing the
aggregate throughput for the calendar year by the number of
days in the calendar year) does not exceed 75,000 barrels.
Subtitle A--Renewable Fuel Standard
SEC. 111. RENEWABLE FUEL STANDARD.
(a) Renewable Fuel Program.--
(1) Regulations.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the President shall promulgate
regulations to ensure that motor vehicle fuel, home heating
oil, and boiler fuel sold or introduced into commerce in the
United States (except in noncontiguous States or
territories), on an annual average basis, contains the
applicable volume of renewable fuel determined in accordance
with paragraph (2).
(B) Provisions of regulations.--Regardless of the date of
promulgation, the regulations promulgated under subparagraph
(A)--
(i) shall contain compliance provisions applicable to
refineries, blenders, distributors, and importers, as
appropriate, to ensure that--
(I) the requirements of this subsection are met; and
(II) renewable fuels produced from facilities built after
the date of enactment of this Act achieve at least a 20
percent reduction in life cycle greenhouse gas emissions
compared to gasoline; but
(ii) shall not--
(I) restrict geographic areas in the contiguous United
States in which renewable fuel may be used; or
(II) impose any per-gallon obligation for the use of
renewable fuel.
(C) Relationship to other regulations.--Regulations
promulgated under this paragraph shall, to the maximum extent
practicable, incorporate the program structure, compliance,
and reporting requirements established under the final
regulations promulgated to implement the renewable fuel
program established by the amendment made by section
1501(a)(2) of the Energy Policy Act of 2005 (Public Law 109-
58; 119 Stat. 1067).
(2) Applicable volume.--
(A) Calendar years 2008 through 2022.--
(i) Renewable fuel.--For the purpose of paragraph (1),
subject to clause (ii), the applicable volume for any of
calendar years 2008 through 2022 shall be determined in
accordance with the following table:
Calendar yApplicable volume of renewable fuel (in billions of gallons):
2008................................................................8.5
2009...............................................................10.5
2010...............................................................12.0
2011...............................................................12.6
2012...............................................................13.2
2013...............................................................13.8
2014...............................................................14.4
2015...............................................................15.0
2016...............................................................18.0
2017...............................................................21.0
2018...............................................................24.0
2019...............................................................27.0
2020...............................................................30.0
2021...............................................................33.0
2022...............................................................36.0
(ii) Advanced biofuels.--For the purpose of paragraph (1),
of the volume of renewable fuel required under clause (i),
the applicable volume for any of calendar years 2016 through
2022 for advanced biofuels shall be determined in accordance
with the following table:
CalendaApplicable volume of advanced biofuels (in billions of gallons):
2016................................................................3.0
2017................................................................6.0
2018................................................................9.0
2019...............................................................12.0
2020...............................................................15.0
2021...............................................................18.0
2022...............................................................21.0
(B) Calendar year 2023 and thereafter.--Subject to
subparagraph (C), for the purposes of paragraph (1), the
applicable volume for calendar year 2023 and each calendar
year thereafter shall be determined by the President, in
coordination with the Secretary of Energy, the Secretary of
Agriculture, and the Administrator of the Environmental
Protection Agency, based on a review of the implementation of
the program during calendar years 2007 through 2022,
including a review of--
(i) the impact of renewable fuels on the energy security of
the United States;
(ii) the expected annual rate of future production of
renewable fuels, including advanced biofuels;
(iii) the impact of renewable fuels on the infrastructure
of the United States, including deliverability of materials,
goods, and
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products other than renewable fuel, and the sufficiency of
infrastructure to deliver renewable fuel; and
(iv) the impact of the use of renewable fuels on other
factors, including job creation, the price and supply of
agricultural commodities, rural economic development, and the
environment.
(C) Minimum applicable volume.--Subject to subparagraph
(D), for the purpose of paragraph (1), the applicable volume
for calendar year 2023 and each calendar year thereafter
shall be equal to the product obtained by multiplying--
(i) the number of gallons of gasoline that the President
estimates will be sold or introduced into commerce in the
calendar year; and
(ii) the ratio that--
(I) 36,000,000,000 gallons of renewable fuel; bears to
(II) the number of gallons of gasoline sold or introduced
into commerce in calendar year 2022.
(D) Minimum percentage of advanced biofuel.--For the
purpose of paragraph (1) and subparagraph (C), at least 60
percent of the minimum applicable volume for calendar year
2023 and each calendar year thereafter shall be advanced
biofuel.
(b) Applicable Percentages.--
(1) Provision of estimate of volumes of gasoline sales.--
Not later than October 31 of each of calendar years 2008
through 2021, the Administrator of the Energy Information
Administration shall provide to the President an estimate,
with respect to the following calendar year, of the volumes
of gasoline projected to be sold or introduced into commerce
in the United States.
(2) Determination of applicable percentages.--
(A) In general.--Not later than November 30 of each of
calendar years 2008 through 2022, based on the estimate
provided under paragraph (1), the President shall determine
and publish in the Federal Register, with respect to the
following calendar year, the renewable fuel obligation that
ensures that the requirements of subsection (a) are met.
(B) Required elements.--The renewable fuel obligation
determined for a calendar year under subparagraph (A) shall--
(i) be applicable to refineries, blenders, and importers,
as appropriate;
(ii) be expressed in terms of a volume percentage of
gasoline sold or introduced into commerce in the United
States; and
(iii) subject to paragraph (3)(A), consist of a single
applicable percentage that applies to all categories of
persons specified in clause (i).
(3) Adjustments.--In determining the applicable percentage
for a calendar year, the President shall make adjustments--
(A) to prevent the imposition of redundant obligations on
any person specified in paragraph (2)(B)(i); and
(B) to account for the use of renewable fuel during the
previous calendar year by small refineries that are exempt
under subsection (g).
(c) Volume Conversion Factors for Renewable Fuels Based on
Energy Content or Requirements.--
(1) In general.--For the purpose of subsection (a), the
President shall assign values to specific types of advanced
biofuels for the purpose of satisfying the fuel volume
requirements of subsection (a)(2) in accordance with this
subsection.
(2) Energy content relative to ethanol.--For advanced
biofuel, 1 gallon of the advanced biofuel shall be considered
to be the equivalent of 1 gallon of renewable fuel multiplied
by the ratio that--
(A) the number of British thermal units of energy produced
by the combustion of 1 gallon of the advanced biofuel (as
measured under conditions determined by the Secretary); bears
to
(B) the number of British thermal units of energy produced
by the combustion of 1 gallon of pure ethanol (as measured
under conditions determined by the Secretary to be comparable
to conditions described in subparagraph (A)).
(3) Transitional energy-related conversion factors for
cellulosic biomass ethanol.--For any of calendar years 2008
through 2015, 1 gallon of cellulosic biomass ethanol shall be
considered to be the equivalent of 2.5 gallons of renewable
fuel.
(d) Credit Program.--
(1) In general.--The President, in consultation with the
Secretary and the Administrator of the Environmental
Protection Agency, shall implement a credit program to manage
the renewable fuel requirement of this section in a manner
consistent with the credit program established by the
amendment made by section 1501(a)(2) of the Energy Policy Act
of 2005 (Public Law 109-58; 119 Stat. 1067).
(2) Market transparency.--In carrying out the credit
program under this subsection, the President shall facilitate
price transparency in markets for the sale and trade of
credits, with due regard for the public interest, the
integrity of those markets, fair competition, and the
protection of consumers and agricultural producers.
(e) Seasonal Variations in Renewable Fuel Use.--
(1) Study.--For each of calendar years 2008 through 2022,
the Administrator of the Energy Information Administration
shall conduct a study of renewable fuel blending to determine
whether there are excessive seasonal variations in the use of
renewable fuel.
(2) Regulation of excessive seasonal variations.--If, for
any calendar year, the Administrator of the Energy
Information Administration, based on the study under
paragraph (1), makes the determinations specified in
paragraph (3), the President shall promulgate regulations to
ensure that 25 percent or more of the quantity of renewable
fuel necessary to meet the requirements of subsection (a) is
used during each of the 2 periods specified in paragraph (4)
of each subsequent calendar year.
(3) Determinations.--The determinations referred to in
paragraph (2) are that--
(A) less than 25 percent of the quantity of renewable fuel
necessary to meet the requirements of subsection (a) has been
used during 1 of the 2 periods specified in paragraph (4) of
the calendar year;
(B) a pattern of excessive seasonal variation described in
subparagraph (A) will continue in subsequent calendar years;
and
(C) promulgating regulations or other requirements to
impose a 25 percent or more seasonal use of renewable fuels
will not significantly--
(i) increase the price of motor fuels to the consumer; or
(ii) prevent or interfere with the attainment of national
ambient air quality standards.
(4) Periods.--The 2 periods referred to in this subsection
are--
(A) April through September; and
(B) January through March and October through December.
(f) Waivers.--
(1) In general.--The President, in consultation with the
Secretary of Energy, the Secretary of Agriculture, and the
Administrator of the Environmental Protection Agency, may
waive the requirements of subsection (a) in whole or in part
on petition by one or more States by reducing the national
quantity of renewable fuel required under subsection (a),
based on a determination by the President (after public
notice and opportunity for comment), that--
(A) implementation of the requirement would severely harm
the economy or environment of a State, a region, or the
United States; or
(B) extreme and unusual circumstances exist that prevent
distribution of an adequate supply of domestically-produced
renewable fuel to consumers in the United States.
(2) Petitions for waivers.--The President, in consultation
with the Secretary of Energy, the Secretary of Agriculture,
and the Administrator of the Environmental Protection Agency,
shall approve or disapprove a State petition for a waiver of
the requirements of subsection (a) within 90 days after the
date on which the petition is received by the President.
(3) Termination of waivers.--A waiver granted under
paragraph (1) shall terminate after 1 year, but may be
renewed by the President after consultation with the
Secretary of Energy, the Secretary of Agriculture, and the
Administrator of the Environmental Protection Agency.
(4) Report to congress.--If the Secretary makes a
determination under paragraph (1)(B) that railroad
transportation of domestically-produced renewable fuel is
inadequate, based on either the service provided by, or the
price of, the railroad transportation, the President shall
submit to Congress a report that describes--
(A) the actions the Federal Government is taking, or will
take, to address the inadequacy, including a description of
the specific powers of the applicable Federal agencies; and
(B) if the President finds that there are inadequate
Federal powers to address the railroad service or pricing
inadequacies, recommendations for legislation to provide
appropriate powers to Federal agencies to address the
inadequacies.
(g) Small Refineries.--
(1) Temporary exemption.--
(A) In general.--The requirements of subsection (a) shall
not apply to--
(i) small refineries (other than a small refinery described
in clause (ii)) until calendar year 2013; and
(ii) small refineries owned by a small business refiner (as
defined in section 45H(c) of the Internal Revenue Code of
1986) until calendar year 2015.
(B) Extension of exemption.--
(i) Study by secretary.--Not later than December 31, 2008,
the Secretary shall submit to the President and Congress a
report describing the results of a study to determine whether
compliance with the requirements of subsection (a) would
impose a disproportionate economic hardship on small
refineries.
(ii) Extension of exemption.--In the case of a small
refinery that the Secretary determines under clause (i) would
be subject to a disproportionate economic hardship if
required to comply with subsection (a), the President shall
extend the exemption under subparagraph (A) for the small
refinery for a period of not less than 2 additional years.
(2) Petitions based on disproportionate economic
hardship.--
(A) Extension of exemption.--A small refinery may at any
time petition the President for an extension of the exemption
under paragraph (1) for the reason of disproportionate
economic hardship.
(B) Evaluation of petitions.--In evaluating a petition
under subparagraph (A), the President, in consultation with
the Secretary, shall consider the findings of the study under
paragraph (1)(B) and other economic factors.
[[Page S6275]]
(C) Deadline for action on petitions.--The President shall
act on any petition submitted by a small refinery for a
hardship exemption not later than 90 days after the date of
receipt of the petition.
(3) Opt-in for small refineries.--A small refinery shall be
subject to the requirements of subsection (a) if the small
refinery notifies the President that the small refinery
waives the exemption under paragraph (1).
(h) Penalties and Enforcement.--
(1) Civil penalties.--
(A) In general.--Any person that violates a regulation
promulgated under subsection (a), or that fails to furnish
any information required under such a regulation, shall be
liable to the United States for a civil penalty of not more
than the total of--
(i) $25,000 for each day of the violation; and
(ii) the amount of economic benefit or savings received by
the person resulting from the violation, as determined by the
President.
(B) Collection.--Civil penalties under subparagraph (A)
shall be assessed by, and collected in a civil action brought
by, the Secretary or such other officer of the United States
as is designated by the President.
(2) Injunctive authority.--
(A) In general.--The district courts of the United States
shall have jurisdiction to--
(i) restrain a violation of a regulation promulgated under
subsection (a);
(ii) award other appropriate relief; and
(iii) compel the furnishing of information required under
the regulation.
(B) Actions.--An action to restrain such violations and
compel such actions shall be brought by and in the name of
the United States.
(C) Subpoenas.--In the action, a subpoena for a witness who
is required to attend a district court in any district may
apply in any other district.
(i) Voluntary Labeling Program.--
(1) In general.--The President shall establish criteria for
a system of voluntary labeling of renewable fuels based on
life cycle greenhouse gas emissions.
(2) Consumer education.--The President shall ensure that
the labeling system under this subsection provides useful
information to consumers making fuel purchases.
(3) Flexibility.--In carrying out this subsection, the
President may establish more than 1 label, as appropriate.
(j) Effective Date.--Except as otherwise specifically
provided in this section, this section takes effect on
January 1, 2008.
SEC. 112. PRODUCTION OF RENEWABLE FUEL USING RENEWABLE
ENERGY.
(a) Definitions.--In this section:
(1) Facility.--The term ``facility'' means a facility used
for the production of renewable fuel.
(2) Renewable energy.--
(A) In general.--The term ``renewable energy'' has the
meaning given the term in section 203(b) of the Energy Policy
Act of 2005 (42 U.S.C. 15852(b)).
(B) Inclusion.--The term ``renewable energy'' includes
biogas produced through the conversion of organic matter from
renewable biomass.
(b) Additional Credit.--
(1) In general.--The President shall provide a credit under
the program established under section 111(d) to the owner of
a facility that uses renewable energy to displace more than
90 percent of the fossil fuel normally used in the production
of renewable fuel.
(2) Credit amount.--The President may provide the credit in
a quantity that is not more than the equivalent of 1.5
gallons of renewable fuel for each gallon of renewable fuel
produced in a facility described in paragraph (1).
Subtitle B--Renewable Fuels Infrastructure
SEC. 121. INFRASTRUCTURE PILOT PROGRAM FOR RENEWABLE FUELS.
(a) In General.--The Secretary, in consultation with the
Secretary of Transportation and the Administrator of the
Environmental Protection Agency, shall establish a
competitive grant pilot program (referred to in this section
as the ``pilot program''), to be administered through the
Vehicle Technology Deployment Program of the Department of
Energy, to provide not more than 10 geographically-dispersed
project grants to State governments, Indian tribal
governments, local governments, metropolitan transportation
authorities, or partnerships of those entities to carry out 1
or more projects for the purposes described in subsection
(b).
(b) Grant Purposes.--A grant under this section shall be
used for the establishment of refueling infrastructure
corridors, as designated by the Secretary, for gasoline
blends that contain not less than 11 percent, and not more
than 85 percent, renewable fuel or diesel fuel that contains
at least 10 percent renewable fuel, including--
(1) installation of infrastructure and equipment necessary
to ensure adequate distribution of renewable fuels within the
corridor;
(2) installation of infrastructure and equipment necessary
to directly support vehicles powered by renewable fuels; and
(3) operation and maintenance of infrastructure and
equipment installed as part of a project funded by the grant.
(c) Applications.--
(1) Requirements.--
(A) In general.--Subject to subparagraph (B), not later
than 90 days after the date of enactment of this Act, the
Secretary shall issue requirements for use in applying for
grants under the pilot program.
(B) Minimum requirements.--At a minimum, the Secretary
shall require that an application for a grant under this
section--
(i) be submitted by--
(I) the head of a State, tribal, or local government or a
metropolitan transportation authority, or any combination of
those entities; and
(II) a registered participant in the Vehicle Technology
Deployment Program of the Department of Energy; and
(ii) include--
(I) a description of the project proposed in the
application, including the ways in which the project meets
the requirements of this section;
(II) an estimate of the degree of use of the project,
including the estimated size of fleet of vehicles operated
with renewable fuel available within the geographic region of
the corridor, measured as a total quantity and a percentage;
(III) an estimate of the potential petroleum displaced as a
result of the project (measured as a total quantity and a
percentage), and a plan to collect and disseminate petroleum
displacement and other relevant data relating to the project
to be funded under the grant, over the expected life of the
project;
(IV) a description of the means by which the project will
be sustainable without Federal assistance after the
completion of the term of the grant;
(V) a complete description of the costs of the project,
including acquisition, construction, operation, and
maintenance costs over the expected life of the project; and
(VI) a description of which costs of the project will be
supported by Federal assistance under this subsection.
(2) Partners.--An applicant under paragraph (1) may carry
out a project under the pilot program in partnership with
public and private entities.
(d) Selection Criteria.--In evaluating applications under
the pilot program, the Secretary shall--
(1) consider the experience of each applicant with
previous, similar projects; and
(2) give priority consideration to applications that--
(A) are most likely to maximize displacement of petroleum
consumption, measured as a total quantity and a percentage;
(B) are best able to incorporate existing infrastructure
while maximizing, to the extent practicable, the use of
advanced biofuels;
(C) demonstrate the greatest commitment on the part of the
applicant to ensure funding for the proposed project and the
greatest likelihood that the project will be maintained or
expanded after Federal assistance under this subsection is
completed;
(D) represent a partnership of public and private entities;
and
(E) exceed the minimum requirements of subsection
(c)(1)(B).
(e) Pilot Project Requirements.--
(1) Maximum amount.--The Secretary shall provide not more
than $20,000,000 in Federal assistance under the pilot
program to any applicant.
(2) Cost sharing.--The non-Federal share of the cost of any
activity relating to renewable fuel infrastructure
development carried out using funds from a grant under this
section shall be not less than 20 percent.
(3) Maximum period of grants.--The Secretary shall not
provide funds to any applicant under the pilot program for
more than 2 years.
(4) Deployment and distribution.--The Secretary shall seek,
to the maximum extent practicable, to ensure a broad
geographic distribution of project sites funded by grants
under this section.
(5) Transfer of information and knowledge.--The Secretary
shall establish mechanisms to ensure that the information and
knowledge gained by participants in the pilot program are
transferred among the pilot program participants and to other
interested parties, including other applicants that submitted
applications.
(f) Schedule.--
(1) Initial grants.--
(A) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register, Commerce Business Daily, and such other
publications as the Secretary considers to be appropriate, a
notice and request for applications to carry out projects
under the pilot program.
(B) Deadline.--An application described in subparagraph (A)
shall be submitted to the Secretary by not later than 180
days after the date of publication of the notice under that
subparagraph.
(C) Initial selection.--Not later than 90 days after the
date by which applications for grants are due under
subparagraph (B), the Secretary shall select by competitive,
peer-reviewed proposal up to 5 applications for projects to
be awarded a grant under the pilot program.
(2) Additional grants.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register, Commerce Business Daily, and such other
publications as the Secretary considers to be appropriate, a
notice and request for additional applications to carry out
projects under the pilot program that incorporate the
information and knowledge obtained through the implementation
of the first round of projects authorized under the pilot
program.
(B) Deadline.--An application described in subparagraph (A)
shall be submitted to the Secretary by not later than 180
days after
[[Page S6276]]
the date of publication of the notice under that
subparagraph.
(C) Initial selection.--Not later than 90 days after the
date by which applications for grants are due under
subparagraph (B), the Secretary shall select by competitive,
peer-reviewed proposal such additional applications for
projects to be awarded a grant under the pilot program as the
Secretary determines to be appropriate.
(g) Reports to Congress.--
(1) Initial report.--Not later than 60 days after the date
on which grants are awarded under this section, the Secretary
shall submit to Congress a report containing--
(A) an identification of the grant recipients and a
description of the projects to be funded under the pilot
program;
(B) an identification of other applicants that submitted
applications for the pilot program but to which funding was
not provided; and
(C) a description of the mechanisms used by the Secretary
to ensure that the information and knowledge gained by
participants in the pilot program are transferred among the
pilot program participants and to other interested parties,
including other applicants that submitted applications.
(2) Evaluation.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter until the
termination of the pilot program, the Secretary shall submit
to Congress a report containing an evaluation of the
effectiveness of the pilot program, including an assessment
of the petroleum displacement and benefits to the environment
derived from the projects included in the pilot program.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$200,000,000, to remain available until expended.
SEC. 122. BIOENERGY RESEARCH AND DEVELOPMENT.
Section 931(c) of the Energy Policy Act of 2005 (42 U.S.C.
16231(c)) is amended--
(1) in paragraph (2), by striking ``$251,000,000'' and
inserting ``$377,000,000''; and
(2) in paragraph (3), by striking ``$274,000,000'' and
inserting ``$398,000,000''.
SEC. 123. BIORESEARCH CENTERS FOR SYSTEMS BIOLOGY PROGRAM.
Section 977(a)(1) of the Energy Policy Act of 2005 (42
U.S.C. 16317(a)(1)) is amended by inserting before the period
at the end the following: ``, including the establishment of
at least 11 bioresearch centers of varying sizes, as
appropriate, that focus on biofuels, of which at least 2
centers shall be located in each of the 4 Petroleum
Administration for Defense Districts with no subdistricts and
1 center shall be located in each of the subdistricts of the
Petroleum Administration for Defense District with
subdistricts''.
SEC. 124. LOAN GUARANTEES FOR RENEWABLE FUEL FACILITIES.
(a) In General.--Section 1703 of the Energy Policy Act of
2005 (42 U.S.C. 16513) is amended by adding at the end the
following:
``(f) Renewable Fuel Facilities.--
``(1) In general.--The Secretary may make guarantees under
this title for projects that produce advanced biofuel (as
defined in section 102 of the Biofuels for Energy Security
and Transportation Act of 2007).
``(2) Requirements.--A project under this subsection shall
employ new or significantly improved technologies for the
production of renewable fuels as compared to commercial
technologies in service in the United States at the time that
the guarantee is issued.
``(3) Issuance of first loan guarantees.--The requirement
of section 20320(b) of division B of the Continuing
Appropriations Resolution, 2007 (Public Law 109-289, Public
Law 110-5), relating to the issuance of final regulations,
shall not apply to the first 6 guarantees issued under this
subsection.
``(4) Project design.--A project for which a guarantee is
made under this subsection shall have a project design that
has been validated through the operation of a continuous
process pilot facility with an annual output of at least
50,000 gallons of ethanol or the energy equivalent volume of
other advanced biofuels.
``(5) Maximum guaranteed principal.--The total principal
amount of a loan guaranteed under this subsection may not
exceed $250,000,000 for a single facility.
``(6) Amount of guarantee.--The Secretary shall guarantee
100 percent of the principal and interest due on 1 or more
loans made for a facility that is the subject of the
guarantee under paragraph (3).
``(7) Deadline.--The Secretary shall approve or disapprove
an application for a guarantee under this subsection not
later than 90 days after the date of receipt of the
application.
``(8) Report.--Not later than 30 days after approving or
disapproving an application under paragraph (7), the
Secretary shall submit to Congress a report on the approval
or disapproval (including the reasons for the action).''.
(b) Improvements to Underlying Loan Guarantee Authority.--
(1) Definition of commercial technology.--Section 1701(1)
of the Energy Policy Act of 2005 (42 U.S.C. 16511(1)) is
amended by striking subparagraph (B) and inserting the
following:
``(B) Exclusion.--The term `commercial technology' does not
include a technology if the sole use of the technology is in
connection with--
``(i) a demonstration plant; or
``(ii) a project for which the Secretary approved a loan
guarantee.''.
(2) Specific appropriation or contribution.--Section 1702
of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended
by striking subsection (b) and inserting the following:
``(b) Specific Appropriation or Contribution.--
``(1) In general.--No guarantee shall be made unless--
``(A) an appropriation for the cost has been made; or
``(B) the Secretary has received from the borrower a
payment in full for the cost of the obligation and deposited
the payment into the Treasury.
``(2) Limitation.--The source of payments received from a
borrower under paragraph (1)(B) shall not be a loan or other
debt obligation that is made or guaranteed by the Federal
Government.
``(3) Relation to other laws.--Section 504(b) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall
not apply to a loan or loan guarantee made in accordance with
paragraph (1)(B).''.
(3) Amount.--Section 1702 of the Energy Policy Act of 2005
(42 U.S.C. 16512) is amended by striking subsection (c) and
inserting the following:
``(c) Amount.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall guarantee up to 100 percent of the principal and
interest due on 1 or more loans for a facility that are the
subject of the guarantee.
``(2) Limitation.--The total amount of loans guaranteed for
a facility by the Secretary shall not exceed 80 percent of
the total cost of the facility, as estimated at the time at
which the guarantee is issued.''.
(4) Subrogation.--Section 1702(g)(2) of the Energy Policy
Act of 2005 (42 U.S.C. 16512(g)(2)) is amended--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C) as subparagraph (B).
(5) Fees.--Section 1702(h) of the Energy Policy Act of 2005
(42 U.S.C. 16512(h)) is amended by striking paragraph (2) and
inserting the following:
``(2) Availability.--Fees collected under this subsection
shall--
``(A) be deposited by the Secretary into a special fund in
the Treasury to be known as the `Incentives For Innovative
Technologies Fund'; and
``(B) remain available to the Secretary for expenditure,
without further appropriation or fiscal year limitation, for
administrative expenses incurred in carrying out this
title.''.
SEC. 125. GRANTS FOR RENEWABLE FUEL PRODUCTION RESEARCH AND
DEVELOPMENT IN CERTAIN STATES.
(a) In General.--The Secretary shall provide grants to
eligible entities to conduct research into, and develop and
implement, renewable fuel production technologies in States
with low rates of ethanol production, including low rates of
production of cellulosic biomass ethanol, as determined by
the Secretary.
(b) Eligibility.--To be eligible to receive a grant under
the section, an entity shall--
(1)(A) be an institution of higher education (as defined in
section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801))
located in a State described in subsection (a);
(B) be an institution--
(i) referred to in section 532 of the Equity in Educational
Land-Grant Status Act of 1994 (Public Law 103-382; 7 U.S.C.
301 note);
(ii) that is eligible for a grant under the Tribally
Controlled College or University Assistance Act of 1978 (25
U.S.C. 1801 et seq.), including Dine College; or
(iii) that is eligible for a grant under the Navajo
Community College Act (25 U.S.C. 640a et seq.); or
(C) be a consortium of such institutions of higher
education, industry, State agencies, Indian tribal agencies,
or local government agencies located in the State; and
(2) have proven experience and capabilities with relevant
technologies.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000 for
each of fiscal years 2008 through 2010.
SEC. 126. GRANTS FOR INFRASTRUCTURE FOR TRANSPORTATION OF
BIOMASS TO LOCAL BIOREFINERIES.
(a) In General.--The Secretary shall conduct a program
under which the Secretary shall provide grants to Indian
tribal and local governments and other eligible entities (as
determined by the Secretary) (referred to in this section as
``eligible entities'') to promote the development of
infrastructure to support the separation, production,
processing, and transportation of biomass to local
biorefineries.
(b) Phases.--The Secretary shall conduct the program in the
following phases:
(1) Development.--In the first phase of the program, the
Secretary shall make grants to eligible entities to assist
the eligible entities in the development of local projects to
promote the development of infrastructure to support the
separation, production, processing, and transportation of
biomass to local biorefineries.
(2) Implementation.--In the second phase of the program,
the Secretary shall make competitive grants to eligible
entities to implement projects developed under paragraph (1).
(c) Authorization of Appropriations.--There are authorized
to be appropriated such
[[Page S6277]]
sums as are necessary to carry out this section.
SEC. 127. BIOREFINERY INFORMATION CENTER.
(a) In General.--The Secretary, in cooperation with the
Secretary of Agriculture, shall establish a biorefinery
information center to make available to interested parties
information on--
(1) renewable fuel resources, including information on
programs and incentives for renewable fuels;
(2) renewable fuel producers;
(3) renewable fuel users; and
(4) potential renewable fuel users.
(b) Administration.--In administering the biorefinery
information center, the Secretary shall--
(1) continually update information provided by the center;
(2) make information available to interested parties on the
process for establishing a biorefinery; and
(3) make information and assistance provided by the center
available through a toll-free telephone number and website.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 128. ALTERNATIVE FUEL DATABASE AND MATERIALS.
The Secretary and the Director of the National Institute of
Standards and Technology shall jointly establish and make
available to the public--
(1) a database that describes the physical properties of
different types of alternative fuel; and
(2) standard reference materials for different types of
alternative fuel.
SEC. 129. FUEL TANK CAP LABELING REQUIREMENT.
Section 406(a) of the Energy Policy Act of 1992 (42 U.S.C.
13232(a)) is amended--
(1) by striking ``The Federal Trade Commission'' and
inserting the following:
``(1) In general.--The Federal Trade Commission''; and
(2) by adding at the end the following:
``(2) Fuel tank cap labeling requirement.--Beginning with
model year 2010, the fuel tank cap of each alternative fueled
vehicle manufactured for sale in the United States shall be
clearly labeled to inform consumers that such vehicle can
operate on alternative fuel.''.
SEC. 130. BIODIESEL.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to Congress
a report on any research and development challenges inherent
in increasing to 5 percent the proportion of diesel fuel sold
in the United States that is biodiesel (as defined in section
757 of the Energy Policy Act of 2005 (42 U.S.C. 16105)).
(b) Regulations.--The President shall promulgate
regulations providing for the uniform labeling of biodiesel
blends that are certified to meet applicable standards
published by the American Society for Testing and Materials.
(c) National Biodiesel Fuel Quality Standard.--
(1) Quality regulations.--Within 180 days following the
date of enactment of this Act, the President shall promulgate
regulations to ensure that only biodiesel that is tested and
certified to comply with the American Society for Testing and
Materials (ASTM) 6751 standard is introduced into interstate
commerce.
(2) Enforcement.--The President shall ensure that all
biodiesel entering interstate commerce meets the requirements
of paragraph (1).
(3) Funding.--There are authorized to be appropriated to
the President to carry out this section:
(A) $3,000,000 for fiscal year 2008.
(B) $3,000,000 for fiscal year 2009.
(C) $3,000,000 for fiscal year 2010.
Subtitle C--Studies
SEC. 141. STUDY OF ADVANCED BIOFUELS TECHNOLOGIES.
(a) In General.--Not later than October 1, 2012, the
Secretary shall offer to enter into a contract with the
National Academy of Sciences under which the Academy shall
conduct a study of technologies relating to the production,
transportation, and distribution of advanced biofuels.
(b) Scope.--In conducting the study, the Academy shall--
(1) include an assessment of the maturity of advanced
biofuels technologies;
(2) consider whether the rate of development of those
technologies will be sufficient to meet the advanced biofuel
standards required under section 111;
(3) consider the effectiveness of the research and
development programs and activities of the Department of
Energy relating to advanced biofuel technologies; and
(4) make policy recommendations to accelerate the
development of those technologies to commercial viability, as
appropriate.
(c) Report.--Not later than November 30, 2014, the
Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report describing
the results of the study conducted under this section.
SEC. 142. STUDY OF INCREASED CONSUMPTION OF ETHANOL-BLENDED
GASOLINE WITH HIGHER LEVELS OF ETHANOL.
(a) In General.--The Secretary, in cooperation with the
Secretary of Agriculture, the Administrator of the
Environmental Protection Agency, and the Secretary of
Transportation, and after providing notice and an opportunity
for public comment, shall conduct a study of the feasibility
of increasing consumption in the United States of ethanol-
blended gasoline with levels of ethanol that are not less
than 10 percent and not more than 40 percent.
(b) Study.--The study under subsection (a) shall include--
(1) a review of production and infrastructure constraints
on increasing consumption of ethanol;
(2) an evaluation of the economic, market, and energy-
related impacts of State and regional differences in ethanol
blends;
(3) an evaluation of the economic, market, and energy-
related impacts on gasoline retailers and consumers of
separate and distinctly labeled fuel storage facilities and
dispensers;
(4) an evaluation of the environmental impacts of mid-level
ethanol blends on evaporative and exhaust emissions from on-
road, off-road, and marine engines, recreational boats,
vehicles, and equipment;
(5) an evaluation of the impacts of mid-level ethanol
blends on the operation, durability, and performance of on-
road, off-road, and marine engines, recreational boats,
vehicles, and equipment; and
(6) an evaluation of the safety impacts of mid-level
ethanol blends on consumers that own and operate off-road and
marine engines, recreational boats, vehicles, or equipment.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the results of the study conducted under
this section.
SEC. 143. PIPELINE FEASIBILITY STUDY.
(a) In General.--The Secretary, in coordination with the
Secretary of Agriculture and the Secretary of Transportation,
shall conduct a study of the feasibility of the construction
of dedicated ethanol pipelines.
(b) Factors.--In conducting the study, the Secretary shall
consider--
(1) the quantity of ethanol production that would make
dedicated pipelines economically viable;
(2) existing or potential barriers to dedicated ethanol
pipelines, including technical, siting, financing, and
regulatory barriers;
(3) market risk (including throughput risk) and means of
mitigating the risk;
(4) regulatory, financing, and siting options that would
mitigate risk in those areas and help ensure the construction
of 1 or more dedicated ethanol pipelines;
(5) financial incentives that may be necessary for the
construction of dedicated ethanol pipelines, including the
return on equity that sponsors of the initial dedicated
ethanol pipelines will require to invest in the pipelines;
(6) technical factors that may compromise the safe
transportation of ethanol in pipelines, identifying remedial
and preventative measures to ensure pipeline integrity; and
(7) such other factors as the Secretary considers
appropriate.
(c) Report.--Not later than 15 months after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the results of the study conducted under
this section.
SEC. 144. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED VEHICLES
TO USE E-85 FUEL.
(a) In General.--The Secretary shall conduct a study of
methods of increasing the fuel efficiency of flexible fueled
vehicles by optimizing flexible fueled vehicles to operate
using E-85 fuel.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives a report that describes the results of the
study, including any recommendations of the Secretary.
SEC. 145. STUDY OF CREDITS FOR USE OF RENEWABLE ELECTRICITY
IN ELECTRIC VEHICLES.
(a) Definition of Electric Vehicle.--In this section, the
term ``electric vehicle'' means an electric motor vehicle (as
defined in section 601 of the Energy Policy Act of 1992 (42
U.S.C. 13271)) for which the rechargeable storage battery--
(1) receives a charge directly from a source of electric
current that is external to the vehicle; and
(2) provides a minimum of 80 percent of the motive power of
the vehicle.
(b) Study.--The Secretary shall conduct a study on the
feasibility of issuing credits under the program established
under section 111(d) to electric vehicles powered by
electricity produced from renewable energy sources.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report that describes the results of the
study, including a description of--
(1) existing programs and studies on the use of renewable
electricity as a means of powering electric vehicles; and
(2) alternatives for--
(A) designing a pilot program to determine the feasibility
of using renewable electricity to power electric vehicles as
an adjunct to a renewable fuels mandate;
(B) allowing the use, under the pilot program designed
under subparagraph (A), of electricity generated from nuclear
energy as an additional source of supply;
(C) identifying the source of electricity used to power
electric vehicles; and
[[Page S6278]]
(D) equating specific quantities of electricity to
quantities of renewable fuel under section 111(d).
SEC. 146. STUDY OF ENGINE DURABILITY ASSOCIATED WITH THE USE
OF BIODIESEL.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall initiate a study
on the effects of the use of biodiesel on engine durability.
(b) Components.--The study under this section shall
include--
(1) an assessment of whether the use of biodiesel in
conventional diesel engines lessens engine durability; and
(2) an assessment of the effects referred to in subsection
(a) with respect to biodiesel blends at varying
concentrations, including--
(A) B5;
(B) B10;
(C) B20; and
(D) B30.
SEC. 147. STUDY OF INCENTIVES FOR RENEWABLE FUELS.
(a) Study.--The President shall conduct a study of the
renewable fuels industry and markets in the United States,
including--
(1) the costs to produce conventional and advanced
biofuels;
(2) the factors affecting the future market prices for
those biofuels, including world oil prices; and
(3) the financial incentives necessary to enhance, to the
maximum extent practicable, the biofuels industry of the
United States to reduce the dependence of the United States
on foreign oil during calendar years 2011 through 2030.
(b) Goals.--The study shall include an analysis of the
options for financial incentives and the advantage and
disadvantages of each option.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the President shall submit to Congress
a report that describes the results of the study.
SEC. 148. STUDY OF STREAMLINED LIFECYCLE ANALYSIS TOOLS FOR
THE EVALUATION OF RENEWABLE CARBON CONTENT OF
BIOFUELS.
(a) In General.--The Secretary, in consultation with the
Secretary of Agriculture and the Administrator of the
Environmental Protection Agency, shall conduct a study of--
(1) published methods for evaluating the lifecycle fossil
and renewable carbon content of fuels, including conventional
and advanced biofuels; and
(2) methods for performing simplified, streamlined
lifecycle analyses of the fossil and renewable carbon content
of biofuels.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report that describes the results of the
study under subsection (a), including recommendations for a
method for performing a simplified, streamlined lifecycle
analysis of the fossil and renewable carbon content of
biofuels that includes--
(1) carbon inputs to feedstock production; and
(2) carbon inputs to the biofuel production process,
including the carbon associated with electrical and thermal
energy inputs.
SEC. 149. STUDY OF THE ADEQUACY OF RAILROAD TRANSPORTATION OF
DOMESTICALLY-PRODUCED RENEWABLE FUEL.
(a) Study.--
(1) In general.--The Secretary, in consultation with the
Secretary of Transportation, shall conduct a study of the
adequacy of railroad transportation of domestically-produced
renewable fuel.
(2) Components.--In conducting the study under paragraph
(1), the Secretary shall consider--
(A) the adequacy of, and appropriate location for, tracks
that have sufficient capacity, and are in the appropriate
condition, to move the necessary quantities of domestically-
produced renewable fuel within the timeframes required by
section 111;
(B) the adequacy of the supply of railroad tank cars,
locomotives, and rail crews to move the necessary quantities
of domestically-produced renewable fuel in a timely fashion;
(C)(i) the projected costs of moving the domestically-
produced renewable fuel using railroad transportation; and
(ii) the impact of the projected costs on the marketability
of the domestically-produced renewable fuel;
(D) whether there is adequate railroad competition to
ensure--
(i) a fair price for the railroad transportation of
domestically-produced renewable fuel; and
(ii) acceptable levels of service for railroad
transportation of domestically-produced renewable fuel;
(E) any rail infrastructure capital costs that the
railroads indicate should be paid by the producers or
distributors of domestically-produced renewable fuel;
(F) whether Federal agencies have adequate legal authority
to ensure a fair and reasonable transportation price and
acceptable levels of service in cases in which the
domestically-produced renewable fuel source does not have
access to competitive rail service;
(G) whether Federal agencies have adequate legal authority
to address railroad service problems that may be resulting in
inadequate supplies of domestically-produced renewable fuel
in any area of the United States; and
(H) any recommendations for any additional legal
authorities for Federal agencies to ensure the reliable
railroad transportation of adequate supplies of domestically-
produced renewable fuel at reasonable prices.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report that describes the results of the
study conducted under subsection (a).
SEC. 150. STUDY OF EFFECTS OF ETHANOL-BLENDED GASOLINE ON OFF
ROAD VEHICLES.
(a) Study.--
(1) In general.--The Secretary, in consultation with the
Secretary of Transportation and the Administrator of the
Environmental Protection Agency, shall conduct a study to
determine the effects of ethanol-blended gasoline on off-road
vehicles and recreational boats.
(2) Evaluation.--The study shall include an evaluation of
the operational, safety, durability, and environmental
impacts of ethanol-blended gasoline on off-road and marine
engines, recreational boats, and related equipment.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the results of the study.
TITLE II--ENERGY EFFICIENCY PROMOTION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Energy Efficiency
Promotion Act of 2007''.
SEC. 202. DEFINITION OF SECRETARY.
In this title, the term ``Secretary'' means the Secretary
of Energy.
Subtitle A--Promoting Advanced Lighting Technologies
SEC. 211. ACCELERATED PROCUREMENT OF ENERGY EFFICIENT
LIGHTING.
Section 553 of the National Energy Conservation Policy Act
(42 U.S.C. 8259b) is amended by adding the following:
``(f) Accelerated Procurement of Energy Efficient
Lighting.--
``(1) In general.--Not later than October 1, 2013, in
accordance with guidelines issued by the Secretary, all
general purpose lighting in Federal buildings shall be Energy
Star products or products designated under the Federal Energy
Management Program.
``(2) Guidelines.--
``(A) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall issue
guidelines to carry out this subsection.
``(B) Replacement costs.--The guidelines shall take into
consideration the costs of replacing all general service
lighting and the reduced cost of operation and maintenance
expected to result from such replacement.''.
SEC. 212. INCANDESCENT REFLECTOR LAMP EFFICIENCY STANDARDS.
(a) Definitions.--Section 321 of the Energy Policy and
Conservation Act (42 U.S.C. 6291) is amended--
(1) in paragraph (30)(C)(ii)--
(A) in the matter preceding subclause (I)--
(i) by striking ``or similar bulb shapes (excluding ER or
BR)'' and inserting ``ER, BR, BPAR, or similar bulb shapes'';
and
(ii) by striking ``2.75'' and inserting ``2.25''; and
(B) by striking ``is either--'' and all that follows
through subclause (II) and inserting ``has a rated wattage
that is 40 watts or higher''; and
(2) by adding at the end the following:
``(52) BPAR incandescent reflector lamp.--The term `BPAR
incandescent reflector lamp' means a reflector lamp as shown
in figure C78.21-278 on page 32 of ANSI C78.21-2003.
``(53) BR incandescent reflector lamp; br30; br40.--
``(A) BR incandescent reflector lamp.--The term `BR
incandescent reflector lamp' means a reflector lamp that
has--
``(i) a bulged section below the major diameter of the bulb
and above the approximate baseline of the bulb, as shown in
figure 1 (RB) on page 7 of ANSI C79.1-1994, incorporated by
reference in section 430.22 of title 10, Code of Federal
Regulations (as in effect on the date of enactment of this
paragraph); and
``(ii) a finished size and shape shown in ANSI C78.21-1989,
including the referenced reflective characteristics in part 7
of ANSI C78.21-1989, incorporated by reference in section
430.22 of title 10, Code of Federal Regulations (as in effect
on the date of enactment of this paragraph).
``(B) BR30.--The term `BR30' means a BR incandescent
reflector lamp with a diameter of 30/8ths of an inch.
``(C) BR40.--The term `BR40' means a BR incandescent
reflector lamp with a diameter of 40/8ths of an inch.
``(54) ER incandescent reflector lamp; er30; er40.--
``(A) ER incandescent reflector lamp.--The term `ER
incandescent reflector lamp' means a reflector lamp that
has--
``(i) an elliptical section below the major diameter of the
bulb and above the approximate baseline of the bulb, as shown
in figure 1 (RE) on page 7 of ANSI C79.1-1994, incorporated
by reference in section 430.22 of title 10, Code of Federal
Regulations (as in effect
[[Page S6279]]
on the date of enactment of this paragraph); and
``(ii) a finished size and shape shown in ANSI C78.21-1989,
incorporated by reference in section 430.22 of title 10, Code
of Federal Regulations (as in effect on the date of enactment
of this paragraph).
``(B) ER30.--The term `ER30' means an ER incandescent
reflector lamp with a diameter of 30/8ths of an inch.
``(C) ER40.--The term `ER40' means an ER incandescent
reflector lamp with a diameter of 40/8ths of an inch.
``(55) R20 incandescent reflector lamp.--The term `R20
incandescent reflector lamp' means a reflector lamp that has
a face diameter of approximately 2.5 inches, as shown in
figure 1(R) on page 7 of ANSI C79.1-1994.''.
(b) Standards for Fluorescent Lamps and Incandescent
Reflector Lamps.--Section 325(i) of the Energy Policy and
Conservation Act (42 U.S.C. 6925(i)) is amended by striking
paragraph (1) and inserting the following:
``(1) Standards.--
``(A) Definition of effective date.--In this paragraph
(other than subparagraph (D)), the term `effective date'
means, with respect to each type of lamp specified in a table
contained in subparagraph (B), the last day of the period of
months corresponding to that type of lamp (as specified in
the table) that follows October 24, 1992.
``(B) Minimum standards.--Each of the following general
service fluorescent lamps and incandescent reflector lamps
manufactured after the effective date specified in the tables
contained in this paragraph shall meet or exceed the
following lamp efficacy and CRI standards:
``FLUORESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
Minimum Average
Lamp Type Nominal Lamp Minimum CRI Lamp Efficacy Effective Date
Wattage (LPW) (Period of Months)
----------------------------------------------------------------------------------------------------------------
4-foot medium bi-pin............ >35 W 69 75.0 36
35 W 45 75.9 36
2-foot U-shaped................. >35 W 69 68.0 36
35 W 45 64.0 36
8-foot slimline................. 65 W 69 80.0 18
65 W 45 80.0 18
8-foot high output.............. >100 W 69 80.0 18
100 W 45 80.0 18
----------------------------------------------------------------------------------------------------------------
``INCANDESCENT REFLECTOR LAMPS
------------------------------------------------------------------------
Minimum Average Effective Date
Nominal Lamp Wattage Lamp Efficacy (Period of
(LPW) Months)
------------------------------------------------------------------------
40-50............................ 10.5 36
51-66............................ 11.0 36
67-85............................ 12.5 36
86-115........................... 14.0 36
116-155........................... 14.5 36
156-205........................... 15.0 36
------------------------------------------------------------------------
``(C) Exemptions.--The standards specified in subparagraph
(B) shall not apply to the following types of incandescent
reflector lamps:
``(i) Lamps rated at 50 watts or less that are ER30, BR30,
BR40, or ER40 lamps.
``(ii) Lamps rated at 65 watts that are BR30, BR40, or ER40
lamps.
``(iii) R20 incandescent reflector lamps rated 45 watts or
less.
``(D) Effective dates.--
``(i) ER, br, and bpar lamps.--The standards specified in
subparagraph (B) shall apply with respect to ER incandescent
reflector lamps, BR incandescent reflector lamps, BPAR
incandescent reflector lamps, and similar bulb shapes on and
after January 1, 2008.
``(ii) Lamps between 2.25-2.75 inches in diameter.--The
standards specified in subparagraph (B) shall apply with
respect to incandescent reflector lamps with a diameter of
more than 2.25 inches, but not more than 2.75 inches, on and
after January 1, 2008.''.
SEC. 213. BRIGHT TOMORROW LIGHTING PRIZES.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, as part of the program carried out
under section 1008 of the Energy Policy Act of 2005 (42
U.S.C. 16396), the Secretary shall establish and award Bright
Tomorrow Lighting Prizes for solid state lighting in
accordance with this section.
(b) Prize Specifications.--
(1) 60-watt incandescent replacement lamp prize.--The
Secretary shall award a 60-Watt Incandescent Replacement Lamp
Prize to an entrant that produces a solid-state light package
simultaneously capable of--
(A) producing a luminous flux greater than 900 lumens;
(B) consuming less than or equal to 10 watts;
(C) having an efficiency greater than 90 lumens per watt;
(D) having a color rendering index greater than 90;
(E) having a correlated color temperature of not less than
2,750, and not more than 3,000, degrees Kelvin;
(F) having 70 percent of the lumen value under subparagraph
(A) exceeding 25,000 hours under typical conditions expected
in residential use;
(G) having a light distribution pattern similar to a soft
60-watt incandescent A19 bulb;
(H) having a size and shape that fits within the maximum
dimensions of an A19 bulb in accordance with American
National Standards Institute standard C78.20-2003, figure
C78.20-211;
(I) using a single contact medium screw socket; and
(J) mass production for a competitive sales commercial
market satisfied by the submission of 10,000 such units equal
to or exceeding the criteria described in subparagraphs (A)
through (I).
(2) PAR type 38 halogen replacement lamp prize.--The
Secretary shall award a Parabolic Aluminized Reflector Type
38 Halogen Replacement Lamp Prize (referred to in this
section as the ``PAR Type 38 Halogen Replacement Lamp
Prize'') to an entrant that produces a solid-state-light
package simultaneously capable of--
(A) producing a luminous flux greater than or equal to
1,350 lumens;
(B) consuming less than or equal to 11 watts;
(C) having an efficiency greater than 123 lumens per watt;
(D) having a color rendering index greater than or equal to
90;
(E) having a correlated color coordinate temperature of not
less than 2,750, and not more than 3,000, degrees Kelvin;
(F) having 70 percent of the lumen value under subparagraph
(A) exceeding 25,000 hours under typical conditions expected
in residential use;
(G) having a light distribution pattern similar to a PAR 38
halogen lamp;
(H) having a size and shape that fits within the maximum
dimensions of a PAR 38 halogen lamp in accordance with
American National Standards Institute standard C78-21-2003,
figure C78.21-238;
(I) using a single contact medium screw socket; and
(J) mass production for a competitive sales commercial
market satisfied by the submission of 10,000 such units equal
to or exceeding the criteria described in subparagraphs (A)
through (I).
(3) Twenty-first century lamp prize.--The Secretary shall
award a Twenty-First Century Lamp Prize to an entrant that
produces a solid-state-light-light capable of--
(A) producing a light output greater than 1,200 lumens;
(B) having an efficiency greater than 150 lumens per watt;
(C) having a color rendering index greater than 90;
(D) having a color coordinate temperature between 2,800 and
3,000 degrees Kelvin; and
(E) having a lifetime exceeding 25,000 hours.
(c) Private Funds.--The Secretary may accept and use
funding from private sources as part of the prizes awarded
under this section.
(d) Technical Review.--The Secretary shall establish a
technical review committee composed of non-Federal officers
to review entrant data submitted under this section to
determine whether the data meets the prize specifications
described in subsection (b).
(e) Third Party Administration.--The Secretary may
competitively select a third party to administer awards under
this section.
(f) Award Amounts.--Subject to the availability of funds to
carry out this section, the amount of--
(1) the 60-Watt Incandescent Replacement Lamp Prize
described in subsection (b)(1) shall be $10,000,000;
(2) the PAR Type 38 Halogen Replacement Lamp Prize
described in subsection (b)(2) shall be $5,000,000; and
(3) the Twenty-First Century Lamp Prize described in
subsection (b)(3) shall be $5,000,000.
(g) Federal Procurement of Solid-State-Lights.--
(1) 60-watt incandescent replacement.--Subject to paragraph
(3), as soon as practicable after the successful award of the
60-Watt Incandescent Replacement Lamp Prize under subsection
(b)(1), the Secretary (in consultation with the Administrator
of General Services) shall develop governmentwide Federal
purchase guidelines with a goal of replacing the use of 60-
watt incandescent lamps in Federal Government buildings with
a solid-state-light package described in subsection (b)(1) by
not later than the date that is 5 years after the date the
award is made.
[[Page S6280]]
(2) PAR 38 halogen replacement lamp replacement.--Subject
to paragraph (3), as soon as practicable after the successful
award of the PAR Type 38 Halogen Replacement Lamp Prize under
subsection (b)(2), the Secretary (in consultation with the
Administrator of General Services) shall develop
governmentwide Federal purchase guidelines with the goal of
replacing the use of PAR 38 halogen lamps in Federal
Government buildings with a solid-state-light package
described in subsection (b)(2) by not later than the date
that is 5 years after the date the award is made.
(3) Waivers.--
(A) In general.--The Secretary or the Administrator of
General Services may waive the application of paragraph (1)
or (2) if the Secretary or Administrator determines that the
return on investment from the purchase of a solid-state-light
package described in paragraph (1) or (2) of subsection (b),
respectively, is cost prohibitive.
(B) Report of waiver.--If the Secretary or Administrator
waives the application of paragraph (1) or (2), the Secretary
or Administrator, respectively, shall submit to Congress an
annual report that describes the waiver and provides a
detailed justification for the waiver.
(h) Bright Light Tomorrow Award Fund.--
(1) Establishment.--There is established in the United
States Treasury a Bright Light Tomorrow permanent fund
without fiscal year limitation to award prizes under
paragraphs (1), (2), and (3) of subsection (b).
(2) Sources of funding.--The fund established under
paragraph (1) shall accept--
(A) fiscal year appropriations; and
(B) private contributions authorized under subsection (c).
(i) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 214. SENSE OF SENATE CONCERNING EFFICIENT LIGHTING
STANDARDS.
(a) Findings.--The Senate finds that--
(1) there are approximately 4,000,000,000 screw-based
sockets in the United States that contain traditional,
energy-inefficient, incandescent light bulbs;
(2) incandescent light bulbs are based on technology that
is more than 125 years old;
(3) there are radically more efficient lighting
alternatives in the market, with the promise of even more
choices over the next several years;
(4) national policy can support a rapid substitution of
new, energy-efficient light bulbs for the less efficient
products in widespread use; and,
(5) transforming the United States market to use of more
efficient lighting technologies can--
(A) reduce electric costs in the United States by more than
$18,000,000,000 annually;
(B) save the equivalent electricity that is produced by 80
base load coal-fired power plants; and
(C) reduce fossil fuel related emissions by approximately
158,000,000 tons each year.
(b) Sense of the Senate.--It is the sense of the Senate
that the Senate should--
(1) pass a set of mandatory, technology-neutral standards
to establish firm energy efficiency performance targets for
lighting products;
(2) ensure that the standards become effective within the
next 10 years; and
(3) in developing the standards--
(A) establish the efficiency requirements to ensure that
replacement lamps will provide consumers with the same
quantity of light while using significantly less energy;
(B) ensure that consumers will continue to have multiple
product choices, including energy-saving halogen,
incandescent, compact fluorescent, and LED light bulbs; and
(C) work with industry and key stakeholders on measures
that can assist consumers and businesses in making the
important transition to more efficient lighting.
SEC. 215. RENEWABLE ENERGY CONSTRUCTION GRANTS.
(a) Definitions.--In this section:
(1) Alaska small hydroelectric power.--The term ``Alaska
small hydroelectric power'' means power that--
(A) is generated--
(i) in the State of Alaska;
(ii) without the use of a dam or impoundment of water; and
(iii) through the use of--
(I) a lake tap (but not a perched alpine lake); or
(II) a run-of-river screened at the point of diversion; and
(B) has a nameplate capacity rating of a wattage that is
not more than 15 megawatts.
(2) Eligible applicant.--The term ``eligible applicant''
means any--
(A) governmental entity;
(B) private utility;
(C) public utility;
(D) municipal utility;
(E) cooperative utility;
(F) Indian tribes; and
(G) Regional Corporation (as defined in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602)).
(3) Ocean energy.--
(A) Inclusions.--The term ``ocean energy'' includes
current, wave, and tidal energy.
(B) Exclusion.--The term ``ocean energy'' excludes thermal
energy.
(4) Renewable energy project.--The term ``renewable energy
project'' means a project--
(A) for the commercial generation of electricity; and
(B) that generates electricity from--
(i) solar, wind, or geothermal energy or ocean energy;
(ii) biomass (as defined in section 203(b) of the Energy
Policy Act of 2005 (42 U.S.C. 15852(b)));
(iii) landfill gas; or
(iv) Alaska small hydroelectric power.
(b) Renewable Energy Construction Grants.--
(1) In general.--The Secretary shall use amounts
appropriated under this section to make grants for use in
carrying out renewable energy projects.
(2) Criteria.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall set forth criteria
for use in awarding grants under this section.
(3) Application.--To receive a grant from the Secretary
under paragraph (1), an eligible applicant shall submit to
the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require,
including a written assurance that--
(A) all laborers and mechanics employed by contractors or
subcontractors during construction, alteration, or repair
that is financed, in whole or in part, by a grant under this
section shall be paid wages at rates not less than those
prevailing on similar construction in the locality, as
determined by the Secretary of Labor in accordance with
sections 3141-3144, 3146, and 3147 of title 40, United States
Code; and
(B) the Secretary of Labor shall, with respect to the labor
standards described in this paragraph, have the authority and
functions set forth in Reorganization Plan Numbered 14 of
1950 (5 U.S.C. App.) and section 3145 of title 40, United
States Code.
(4) Non-federal share.--Each eligible applicant that
receives a grant under this subsection shall contribute to
the total cost of the renewable energy project constructed by
the eligible applicant an amount not less than 50 percent of
the total cost of the project.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Fund such sums as are necessary to
carry out this section.
Subtitle B--Expediting New Energy Efficiency Standards
SEC. 221. DEFINITION OF ENERGY CONSERVATION STANDARD.
Section 321 of the Energy Policy and Conservation Act (42
U.S.C. 6291) is amended by striking paragraph (6) and
inserting the following:
``(6) Energy conservation standard.--
``(A) In general.--The term `energy conservation standard'
means 1 or more performance standards that prescribe a
minimum level of energy efficiency or a maximum quantity of
energy use and, in the case of a showerhead, faucet, water
closet, urinal, clothes washer, and dishwasher, water use,
for a covered product, determined in accordance with test
procedures prescribed under section 323.
``(B) Inclusions.--The term `energy conservation standard'
includes--
``(i) 1 or more design requirements, as part of a consensus
agreement under section 325(hh); and
``(ii) any other requirements that the Secretary may
prescribe under subsections (o) and (r) of section 325.
``(C) Exclusion.--The term `energy conservation standard'
does not include a performance standard for a component of a
finished covered product.''.
SEC. 222. REGIONAL EFFICIENCY STANDARDS FOR HEATING AND
COOLING PRODUCTS.
(a) In General.--Section 327 of the Energy Policy and
Conservation Act (42 U.S.C. 6297) is amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Regional Efficiency Standards for Heating and Cooling
Products.--
``(1) In general.--
``(A) Determination.--The Secretary may determine, after
notice and comment, that more stringent Federal energy
conservation standards are appropriate for furnaces, boilers,
or central air conditioning equipment than applicable Federal
energy conservation standards.
``(B) Finding.--The Secretary may determine that more
stringent standards are appropriate for up to 2 different
regions only after finding that the regional standards--
``(i) would contribute to energy savings that are
substantially greater than that of a single national energy
standard; and
``(ii) are economically justified.
``(C) Regions.--On making a determination described in
subparagraph (B), the Secretary shall establish the regions
so that the more stringent standards would achieve the
maximum level of energy savings that is technologically
feasible and economically justified.
``(D) Factors.--In determining the appropriateness of 1 or
more regional standards for furnaces, boilers, and central
and commercial air conditioning equipment, the Secretary
shall consider all of the factors described in paragraphs (1)
through (4) of section 325(o).
``(2) State petition.--After a determination made by the
Secretary under paragraph (1), a State may petition the
Secretary requesting a rule that a State regulation that
establishes a standard for furnaces, boilers, or central air
conditioners become effective
[[Page S6281]]
at a level determined by the Secretary to be appropriate for
the region that includes the State.
``(3) Rule.--Subject to paragraphs (4) through (7), the
Secretary may issue the rule during the period described in
paragraph (4) and after consideration of the petition and the
comments of interested persons.
``(4) Procedure.--
``(A) Notice.--The Secretary shall provide notice of any
petition filed under paragraph (2) and afford interested
persons a reasonable opportunity to make written comments,
including rebuttal comments, on the petition.
``(B) Decision.--Except as provided in subparagraph (C),
during the 180-day period beginning on the date on which the
petition is filed, the Secretary shall issue the requested
rule or deny the petition.
``(C) Extension.--The Secretary may publish in the Federal
Register a notice--
``(i) extending the period to a specified date, but not
longer than 1 year after the date on which the petition is
filed; and
``(ii) describing the reasons for the delay.
``(D) Denials.--If the Secretary denies a petition under
this subsection, the Secretary shall publish in the Federal
Register notice of, and the reasons for, the denial.
``(5) Finding of significant burden on manufacturing,
marketing, distribution, sale, or servicing of covered
product on national basis.--
``(A) In general.--The Secretary may not issue a rule under
this subsection if the Secretary finds (and publishes the
finding) that interested persons have established, by a
preponderance of the evidence, that the State regulation will
significantly burden manufacturing, marketing, distribution,
sale, or servicing of a covered product on a national basis.
``(B) Factors.--In determining whether to make a finding
described in subparagraph (A), the Secretary shall evaluate
all relevant factors, including--
``(i) the extent to which the State regulation will
increase manufacturing or distribution costs of
manufacturers, distributors, and others;
``(ii) the extent to which the State regulation will
disadvantage smaller manufacturers, distributors, or dealers
or lessen competition in the sale of the covered product in
the State; and
``(iii) the extent to which the State regulation would
cause a burden to manufacturers to redesign and produce the
covered product type (or class), taking into consideration
the extent to which the regulation would result in a
reduction--
``(I) in the current models, or in the projected
availability of models, that could be shipped on the
effective date of the regulation to the State and within the
United States; or
``(II) in the current or projected sales volume of the
covered product type (or class) in the State and the United
States.
``(6) Application.--No State regulation shall become
effective under this subsection with respect to any covered
product manufactured before the date specified in the
determination made by the Secretary under paragraph (1).
``(7) Petition to withdraw federal rule following amendment
of federal standard.--
``(A) In general.--If a State has issued a rule under
paragraph (3) with respect to a covered product and
subsequently a Federal energy conservation standard
concerning the product is amended pursuant to section 325,
any person subject to the State regulation may file a
petition with the Secretary requesting the Secretary to
withdraw the rule issued under paragraph (3) with respect to
the product in the State.
``(B) Burden of proof.--The Secretary shall consider the
petition in accordance with paragraph (5) and the burden
shall be on the petitioner to show by a preponderance of the
evidence that the rule received by the State under paragraph
(3) should be withdrawn as a result of the amendment to the
Federal standard.
``(C) Withdrawal.--If the Secretary determines that the
petitioner has shown that the rule issued by the Secretary
under paragraph (3) should be withdrawn in accordance with
subparagraph (B), the Secretary shall withdraw the rule.''.
(b) Conforming Amendments.--
(1) Section 327 of the Energy Policy and Conservation Act
(42 U.S.C. 6297) is amended--
(A) in subsection (b)--
(i) in paragraph (2), by striking ``subsection (e)'' and
inserting ``subsection (f)''; and
(ii) in paragraph (3)--
(I) by striking ``subsection (f)(1)'' and inserting
``subsection (g)(1)''; and
(II) by striking ``subsection (f)(2)'' and inserting
``subsection (g)(2)''; and
(B) in subsection (c)(3), by striking ``subsection (f)(3)''
and inserting ``subsection (g)(3)''.
(2) Section 345(b)(2) of the Energy Policy and Conservation
Act (42 U.S.C. 6316(b)(2)) is amended by adding at the end
the following:
``(E) Relationship to certain state regulations.--
Notwithstanding subparagraph (A), a standard prescribed or
established under section 342(a) with respect to the
equipment specified in subparagraphs (B), (C), (D), (H), (I),
and (J) of section 340 shall not supersede a State regulation
that is effective under the terms, conditions, criteria,
procedures, and other requirements of section 327(e).''.
SEC. 223. FURNACE FAN RULEMAKING.
Section 325(f)(3) of the Energy Policy and Conservation Act
(42 U.S.C. 6295(f)(3)) is amended by adding at the end the
following:
``(E) Final rule.--
``(i) In general.--The Secretary shall publish a final rule
to carry out this subsection not later than December 31,
2014.
``(ii) Criteria.--The standards shall meet the criteria
established under subsection (o).''.
SEC. 224. EXPEDITED RULEMAKINGS.
Section 325 of the Energy Policy and Conservation Act (42
U.S.C. 6295) is amended by adding at the end the following:
``(hh) Expedited Rulemaking for Consensus Standards.--
``(1) In general.--The Secretary shall conduct an expedited
rulemaking based on an energy conservation standard or test
procedure recommended by interested persons, if--
``(A) the interested persons (demonstrating significant and
broad support from manufacturers of a covered product,
States, utilities, and environmental, energy efficiency, and
consumer advocates) submit a joint comment or petition
recommending a consensus energy conservation standard or test
procedure; and
``(B) the Secretary determines that the joint comment or
petition includes evidence that (assuming no other evidence
were considered) provides an adequate basis for determining
that the proposed consensus energy conservation standard or
test procedure proposed in the joint comment or petition
complies with the provisions and criteria of this Act
(including subsection (o)) that apply to the type or class of
covered products covered by the joint comment or petition.
``(2) Procedure.--
``(A) In general.--Notwithstanding subsection (p) or
section 336(a), if the Secretary receives a joint comment or
petition that meets the criteria described in paragraph (1),
the Secretary shall conduct an expedited rulemaking with
respect to the standard or test procedure proposed in the
joint comment or petition in accordance with this paragraph.
``(B) Advanced notice of proposed rulemaking.--If no
advanced notice of proposed rulemaking has been issued under
subsection (p)(1) with respect to the rulemaking covered by
the joint comment or petition, the requirements of subsection
(p) with respect to the issuance of an advanced notice of
proposed rulemaking shall not apply.
``(C) Publication of determination.--Not later than 60 days
after receipt of a joint comment or petition described in
paragraph (1)(A), the Secretary shall publish a description
of a determination as to whether the proposed standard or
test procedure covered by the joint comment or petition meets
the criteria described in paragraph (1).
``(D) Proposed rule.--
``(i) Publication.--If the Secretary determines that the
proposed consensus standard or test procedure covered by the
joint comment or petition meets the criteria described in
paragraph (1), not later than 30 days after the
determination, the Secretary shall publish a proposed rule
proposing the consensus standard or test procedure covered by
the joint comment or petition.
``(ii) Public comment period.--Notwithstanding paragraphs
(2) and (3) of subsection (p), the public comment period for
the proposed rule shall be the 30-day period beginning on the
date of the publication of the proposed rule in the Federal
Register.
``(iii) Public hearing.--Notwithstanding section 336(a),
the Secretary may waive the holding of a public hearing with
respect to the proposed rule.
``(E) Final rule.--Notwithstanding subsection (p)(4), the
Secretary--
``(i) may publish a final rule at any time after the 60-day
period beginning on the date of publication of the proposed
rule in the Federal Register; and
``(ii) shall publish a final rule not later than 120 days
after the date of publication of the proposed rule in the
Federal Register.''.
SEC. 225. PERIODIC REVIEWS.
(a) Test Procedures.--Section 323(b)(1) of the Energy
Policy and Conservation Act (42 U.S.C. 6293(b)(1)) is amended
by striking ``(1)'' and all that follows through the end of
the paragraph and inserting the following:
``(1) Test procedures.--
``(A) Amendment.--At least once every 7 years, the
Secretary shall review test procedures for all covered
products and--
``(i) amend test procedures with respect to any covered
product, if the Secretary determines that amended test
procedures would more accurately or fully comply with the
requirements of paragraph (3); or
``(ii) publish notice in the Federal Register of any
determination not to amend a test procedure.''.
(b) Energy Conservation Standards.--Section 325 of the
Energy Policy and Conservation Act (42 U.S.C. 6295) is
amended by striking subsection (m) and inserting the
following:
``(m) Further Rulemaking.--
``(1) In general.--After issuance of the last final rules
required for a product under this part, the Secretary shall,
not later than 5 years after the date of issuance of a final
rule establishing or amending a standard or determining not
to amend a standard, publish a final rule to determine
whether standards for the product should be amended based on
the criteria described in subsection (n)(2).
``(2) Analysis.--Prior to publication of the determination,
the Secretary shall publish a
[[Page S6282]]
notice of availability describing the analysis of the
Department and provide opportunity for written comment.
``(3) Final rule.--Not later than 3 years after a positive
determination under paragraph (1), the Secretary shall
publish a final rule amending the standard for the product.
``(4) Application of amendment.--An amendment prescribed
under this subsection shall apply to a product manufactured
after a date that is 5 years after--
``(A) the effective date of the previous amendment made
pursuant to this part; or
``(B) if the previous final rule published under this part
did not amend the standard, the earliest date by which a
previous amendment could have been in effect, except that in
no case may an amended standard apply to products
manufactured within 3 years after publication of the final
rule establishing a standard.''.
(c) Standards.--Section 342(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6313(a)) is amended by striking
paragraph (6) and inserting the following:
``(6) Amended energy efficiency standards.--
``(A) Analysis of potential energy savings.--If ASHRAE/IES
Standard 90.1 is amended with respect to any small commercial
package air conditioning and heating equipment, large
commercial package air conditioning and heating equipment,
packaged terminal central and commercial air conditioners,
packaged terminal heat pumps, warm-air furnaces, packaged
boilers, storage water heaters, instantaneous water heaters,
or unfired hot water storage tanks, not later than 180 days
after the amendment of the standard, the Secretary shall
publish in the Federal Register for public comment an
analysis of the energy savings potential of amended energy
efficiency standards.
``(B) Amended uniform national standard for products.--
``(i) In general.--Except as provided in clause (ii), not
later than 18 months after the date of publication of the
amendment to the ASHRAE/IES Standard 90.1 for a product
described in subparagraph (A), the Secretary shall establish
an amended uniform national standard for the product at the
minimum level for the applicable effective date specified in
the amended ASHRAE/IES Standard 90.1.
``(ii) More stringent standard.--Clause (i) shall not apply
if the Secretary determines, by rule published in the Federal
Register, and supported by clear and convincing evidence,
that adoption of a uniform national standard more stringent
than the amended ASHRAE/IES Standard 90.1 for the product
would result in significant additional conservation of energy
and is technologically feasible and economically justified.
``(C) Rule.--If the Secretary makes a determination
described in subparagraph (B)(ii) for a product described in
subparagraph (A), not later than 30 months after the date of
publication of the amendment to the ASHRAE/IES Standard 90.1
for the product, the Secretary shall issue the rule
establishing the amended standard.
``(D) Amendment of standards.--
``(i) In general.--After issuance of the most recent final
rule for a product under this subsection, not later than 5
years after the date of issuance of a final rule establishing
or amending a standard or determining not to amend a
standard, the Secretary shall publish a final rule to
determine whether standards for the product should be amended
based on the criteria described in subparagraph (A).
``(ii) Analysis.--Prior to publication of the
determination, the Secretary shall publish a notice of
availability describing the analysis of the Department and
provide opportunity for written comment.
``(iii) Final rule.--Not later than 3 years after a
positive determination under clause (i), the Secretary shall
publish a final rule amending the standard for the
product.''.
(d) Test Procedures.--Section 343(a) of the Energy Policy
and Conservation Act (42 U.S.C. 6313(a)) is amended by
striking ``(a)'' and all that follows through the end of
paragraph (1) and inserting the following:
``(a) Prescription by Secretary; Requirements.--
``(1) Test procedures.--
``(A) Amendment.--At least once every 7 years, the
Secretary shall conduct an evaluation of each class of
covered equipment and--
``(i) if the Secretary determines that amended test
procedures would more accurately or fully comply with the
requirements of paragraphs (2) and (3), shall prescribe test
procedures for the class in accordance with this section; or
``(ii) shall publish notice in the Federal Register of any
determination not to amend a test procedure.''.
(e) Effective Date.--The amendments made by subsections (b)
and (c) take effect on January 1, 2012.
SEC. 226. ENERGY EFFICIENCY LABELING FOR CONSUMER PRODUCTS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act or not later than 18 months after test
procedures have been developed for a consumer electronics
product category described in subsection (b), whichever is
later, the Federal Trade Commission, in consultation with the
Secretary and the Administrator of the Environmental
Protection Agency shall promulgate regulations, in accordance
with the Energy Star program and in a manner that minimizes,
to the maximum extent practicable, duplication with respect
to the requirements of that program and other national and
international energy labeling programs, to add the consumer
electronics product categories described in subsection (b) to
the Energy Guide labeling program of the Commission.
(b) Consumer Electronics Product Categories.--The consumer
electronics product categories referred to in subsection (a)
are the following:
(1) Televisions.
(2) Personal computers.
(3) Cable or satellite set-top boxes.
(4) Stand-alone digital video recorder boxes.
(5) Computer monitors.
(c) Label Placement.--The regulations shall include
specific requirements for each product on the placement of
Energy Guide labels.
(d) Deadline for Labeling.--Not later than 1 year after the
date of promulgation of regulations under subsection (a), the
Commission shall require labeling electronic products
described in subsection (b) in accordance with this section
(including the regulations).
(e) Authority To Include Additional Product Categories.--
The Commission may add additional product categories to the
Energy Guide labeling program if the product categories
include products, as determined by the Commission--
(1) that have an annual energy use in excess of 100
kilowatt hours per year; and
(2) for which there is a significant difference in energy
use between the most and least efficient products.
SEC. 227. RESIDENTIAL BOILER EFFICIENCY STANDARDS.
Section 325(f) of the Energy Policy and Conservation Act
(42 U.S.C. 6295(f)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Boilers.--
``(A) In general.--Subject to subparagraphs (B) and (C),
boilers manufactured on or after September 1, 2012, shall
meet the following requirements: "
------------------------------------------------------------------------
Minimum Annual
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) Pilots.--The manufacturer shall not equip gas hot
water or steam boilers with constant-burning pilot lights.
``(C) Automatic means for adjusting water temperature.--
``(i) In general.--The manufacturer shall equip each gas,
oil, and electric hot water boiler (other than a boiler
equipped with tankless domestic water heating coils) with an
automatic means for adjusting the temperature of the water
supplied by the boiler to ensure that an incremental change
in inferred heat load produces a corresponding incremental
change in the temperature of water supplied.
``(ii) Certain boilers.--For a boiler that fires at 1 input
rate, the requirements of this subparagraph may be satisfied
by providing an automatic means that allows the burner or
heating element to fire only when the means has determined
that the inferred heat load cannot be met by the residual
heat of the water in the system.
``(iii) No inferred heat load.--When there is no inferred
heat load with respect to a hot water boiler, the automatic
means described in clauses (i) and (ii) shall limit the
temperature of the water in the boiler to not more than 140
degrees Fahrenheit.
``(iv) Operation.--A boiler described in clause (i) or (ii)
shall be operable only when the automatic means described in
clauses (i), (ii), and (iii) is installed.''.
SEC. 228. TECHNICAL CORRECTIONS.
(a) Definition of Fluorescent Lamp.--Section
321(30)(B)(viii) of the Energy Policy and Conservation Act
(42 U.S.C. 6291(30)(B)(viii)) is amended by striking ``82''
and inserting ``87''.
(b) Standards for Commercial Package Air Conditioning and
Heating Equipment.--Section 342(a)(1) of the Energy Policy
and Conservation Act (42 U.S.C. 6313(a)(1)) is amended in the
matter preceding subparagraph (A) by striking ``but before
January 1, 2010,''.
(c) Mercury Vapor Lamp Ballasts.--
(1) Definitions.--Section 321 of the Energy Policy and
Conservation Act (42 U.S.C. 6291) (as amended by section
212(a)(2)) is amended--
(A) in paragraph (46)(A)--
(i) in clause (i), by striking ``bulb'' and inserting ``the
arc tube''; and
(ii) in clause (ii), by striking ``has a bulb'' and
inserting ``wall loading is'';
[[Page S6283]]
(B) in paragraph (47)(A), by striking ``operating at a
partial'' and inserting ``typically operating at a partial
vapor'';
(C) in paragraph (48), by inserting ``intended for general
illumination'' after ``lamps''; and
(D) by adding at the end the following:
``(56) The term `specialty application mercury vapor lamp
ballast' means a mercury vapor lamp ballast that--
``(A) is designed and marketed for medical use, optical
comparators, quality inspection, industrial processing, or
scientific use, including fluorescent microscopy, ultraviolet
curing, and the manufacture of microchips, liquid crystal
displays, and printed circuit boards; and
``(B) in the case of a specialty application mercury vapor
lamp ballast, is labeled as a specialty application mercury
vapor lamp ballast.''.
(2) Standard setting authority.--Section 325(ee) of the
Energy Policy and Conservation Act (42 U.S.C. 6295(ee)) is
amended by inserting ``(other than specialty application
mercury vapor lamp ballasts)'' after ``ballasts''.
SEC. 229. ELECTRIC MOTOR EFFICIENCY STANDARDS.
(a) Definitions.--Section 340(13) of the Energy Policy and
Conservation Act (42 U.S.C. 6311(13)) is amended by striking
subparagraph (A) and inserting the following:
``(A)(i) The term `electric motor' means--
``(I) a general purpose electric motor--subtype I; and
``(II) a general purpose electric motor--subtype II.
``(ii) The term `general purpose electric motor--subtype I'
means any motor that is considered a general purpose motor
under section 431.12 of title 10, Code of Federal Regulations
(or successor regulations).
``(iii) The term `general purpose electric motor--subtype
II' means a motor that, in addition to the design elements
for a general purpose electric motor--subtype I, incorporates
the design elements (as established in National Electrical
Manufacturers Association MG-1 (2006)) for any of the
following:
``(I) A U-Frame Motor.
``(II) A Design C Motor.
``(III) A close-coupled pump motor.
``(IV) A footless motor.
``(V) A vertical solid shaft normal thrust (tested in a
horizontal configuration).
``(VI) An 8-pole motor.
``(VII) A poly-phase motor with voltage of not more than
600 volts (other than 230 or 460 volts).''.
(b) Standards.--Section 342(b) of the Energy Policy and
Conservation Act (42 U.S.C. 6313(13)) is amended by striking
paragraph (1) and inserting the following:
``(1) Standards.--
``(A) General purpose electric motors--subtype i.--
``(i) In general.--Except as otherwise provided in this
subparagraph, a general purpose electric motor--subtype I
with a power rating of not less than 1, and not more than
200, horsepower manufactured (alone or as a component of
another piece of equipment) after the 3-year period beginning
on the date of enactment of this subparagraph, shall have a
nominal full load efficiency established in Table 12-12 of
National Electrical Manufacturers Association (referred to in
this paragraph as `NEMA') MG-1 (2006).
``(ii) Fire pump motors.--A fire pump motor shall have a
nominal full load efficiency established in Table 12-11 of
NEMA MG-1 (2006).
``(B) General purpose electric motors--subtype ii.--A
general purpose electric motor--subtype II with a power
rating of not less than 1, and not more than 200, horsepower
manufactured (alone or as a component of another piece of
equipment) after the 3-year period beginning on the date of
enactment of this subparagraph, shall have a nominal full
load efficiency established in Table 12-11 of NEMA MG-1
(2006).
``(C) Design b, general purpose electric motors.--A NEMA
Design B, general purpose electric motor with a power rating
of not less than 201, and not more than 500, horsepower
manufactured (alone or as a component of another piece of
equipment) after the 3-year period beginning on the date of
the enactment of this subparagraph shall have a nominal full
load efficiency established in Table 12-11 of NEMA MG-1
(2006).''.
(c) Effective Date.--The amendments made by this section
take effect on the date that is 3 years after the date of
enactment of this Act.
SEC. 230. ENERGY STANDARDS FOR HOME APPLIANCES.
(a) Definition of Energy Conservation Standard.--Section
321(6)(A) of the Energy Policy and Conservation Act (42
U.S.C. 6291(6)(A)) is amended by striking ``or, in the case
of'' and inserting ``and, in the case of residential clothes
washers, residential dishwashers,''.
(b) Refrigerators, Refrigerator-Freezers, and Freezers.--
Section 325(b) of the Energy Policy and Conservation Act (42
U.S.C. 6295(b)) is amended by adding at the end the
following:
``(4) Refrigerators, refrigerator-freezers, and freezers
manufactured on or after january 1, 2014.--Not later than
December 31, 2010, the Secretary shall publish a final rule
determining whether to amend the standards in effect for
refrigerators, refrigerator-freezers, and freezers
manufactured on or after January 1, 2014, and including any
amended standards.''.
(c) Residential Clothes Washers and Dishwashers.--Section
325(g)(4) of the Energy Policy and Conservation Act (42
U.S.C. 6295(g)(4)) is amended by adding at the end the
following:
``(D) Clothes washers.--
``(i) Clothes washers manufactured on or after january 1,
2011.--A residential clothes washer manufactured on or after
January 1, 2011, shall have--
``(I) a modified energy factor of at least 1.26; and
``(II) a water factor of not more than 9.5.
``(ii) Clothes washers manufactured on or after january 1,
2012.--Not later than January 1, 2012, the Secretary shall
publish a final rule determining whether to amend the
standards in effect for residential clothes washers
manufactured on or after January 1, 2012, and including any
amended standards.
``(E) Dishwashers.--
``(i) Dishwashers manufactured on or after january 1,
2010.--A dishwasher manufactured on or after January 1, 2010,
shall use not more than--
``(I) in the case of a standard-size dishwasher, 355 kWh
per year or 6.5 gallons of water per cycle; and
``(II) in the case of a compact-size dishwasher, 260 kWh
per year or 4.5 gallons of water per cycle.
``(ii) Dishwashers manufactured on or after january 1,
2018.--Not later than January 1, 2015, the Secretary shall
publish a final rule determining whether to amend the
standards for dishwashers manufactured on or after January 1,
2018, and including any amended standards.''.
(d) Dehumidifiers.--Section 325(cc) of the Energy Policy
and Conservation Act (42 U.S.C. 6295(cc)) is amended--
(1) in paragraph (1), by inserting ``and before October 1,
2012,'' after ``2007,''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Dehumidifiers manufactured on or after october 1,
2012.--Dehumidifiers manufactured on or after October 1,
2012, shall have an Energy Factor that meets or exceeds the
following values:''
------------------------------------------------------------------------
Minimum
Energy
Product Capacity (pints/day): Factor
liters/kWh
------------------------------------------------------------------------
Up to 35.00................................................ 1.35
35.01-45.00................................................ 1.50
45.01-54.00................................................ 1.60
54.01-75.00................................................ 1.70
Greater than 75.00......................................... 2.5.''
------------------------------------------------------------------------
(e) Energy Star Program.--Section 324A(d)(2) of the Energy
Policy and Conservation Act (42 U.S.C. 6294a(d)(2)) is
amended by striking ``2010'' and inserting ``2009''.
SEC. 231. IMPROVED ENERGY EFFICIENCY FOR APPLIANCES AND
BUILDINGS IN COLD CLIMATES.
(a) Research.--Section 911(a)(2) of the Energy Policy Act
of 2005 (42 U.S.C. 16191(a)(2)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) technologies to improve the energy efficiency of
appliances and mechanical systems for buildings in cold
climates, including combined heat and power units and
increased use of renewable resources, including fuel.''.
(b) Rebates.--Section 124 of the Energy Policy Act of 2005
(42 U.S.C. 15821) is amended--
(1) in subsection (b)(1), by inserting ``, or products with
improved energy efficiency in cold climates,'' after
``residential Energy Star products''; and
(2) in subsection (e), by inserting ``or product with
improved energy efficiency in a cold climate'' after
``residential Energy Star product'' each place it appears.
SEC. 232. DEPLOYMENT OF NEW TECHNOLOGIES FOR HIGH-EFFICIENCY
CONSUMER PRODUCTS.
(a) Definitions.--In this section:
(1) Energy savings.--The term ``energy savings'' means
megawatt-hours of electricity or million British thermal
units of natural gas saved by a product, in comparison to
projected energy consumption under the energy efficiency
standard applicable to the product.
(2) High-efficiency consumer product.--The term ``high-
efficiency consumer product'' means a product that exceeds
the energy efficiency of comparable products available in the
market by a percentage determined by the Secretary to be an
appropriate benchmark for the consumer product category
competing for an award under this section.
(b) Financial Incentives Program.--Effective beginning
October 1, 2007, the Secretary shall competitively award
financial incentives under this section for the manufacture
of high-efficiency consumer products.
(c) Requirements.--
(1) In general.--The Secretary shall make awards under this
section to manufacturers of high-efficiency consumer
products, based on the bid of each manufacturer in terms of
dollars per megawatt-hour or million British thermal units
saved.
(2) Acceptance of bids.--In making awards under this
section, the Secretary shall--
(A) solicit bids for reverse auction from appropriate
manufacturers, as determined by the Secretary; and
[[Page S6284]]
(B) award financial incentives to the manufacturers that
submit the lowest bids that meet the requirements established
by the Secretary.
(d) Forms of Awards.--An award for a high-efficiency
consumer product under this section shall be in the form of a
lump sum payment in an amount equal to the product obtained
by multiplying--
(1) the amount of the bid by the manufacturer of the high-
efficiency consumer product; and
(2) the energy savings during the projected useful life of
the high-efficiency consumer product, not to exceed 10 years,
as determined under regulations issued by the Secretary.
SEC. 233. INDUSTRIAL EFFICIENCY PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term eligible entity means--
(A) an institution of higher education under contract or in
partnership with a nonprofit or for-profit private entity
acting on behalf of an industrial or commercial sector or
subsector;
(B) a nonprofit or for-profit private entity acting on
behalf on an industrial or commercial sector or subsector; or
(C) a consortia of entities acting on behalf of an
industrial or commercial sector or subsector.
(2) Energy-intensive commercial applications.--The term
``energy-intensive commercial applications'' means processes
and facilities that use significant quantities of energy as
part of the primary economic activities of the processes and
facilities, including--
(A) information technology data centers;
(B) product manufacturing; and
(C) food processing.
(3) Feedstock.--The term ``feedstock'' means the raw
material supplied for use in manufacturing, chemical, and
biological processes.
(4) Materials manufacturers.--The term ``materials
manufacturers'' means the energy-intensive primary
manufacturing industries, including the aluminum, chemicals,
forest and paper products, glass, metal casting, and steel
industries.
(5) Partnership.--The term ``partnership'' means an energy
efficiency and utilization partnership established under
subsection (c)(1)(A).
(6) Program.--The term ``program'' means the industrial
efficiency program established under subsection (b).
(b) Establishment of Program.--The Secretary shall
establish a program under which the Secretary, in cooperation
with materials manufacturers, companies engaged in energy-
intensive commercial applications, and national industry
trade associations representing the manufactures and
companies, shall support, develop, and promote the use of new
materials manufacturing and industrial and commercial
processes, technologies, and techniques to optimize energy
efficiency and the economic competitiveness of the United
States.
(c) Partnerships.--
(1) In general.--As part of the program, the Secretary
shall--
(A) establish energy efficiency and utilization
partnerships between the Secretary and eligible entities to
conduct research on, develop, and demonstrate new processes,
technologies, and operating practices and techniques to
significantly improve energy efficiency and utilization by
materials manufacturers and in energy-intensive commercial
applications, including the conduct of activities to--
(i) increase the energy efficiency of industrial and
commercial processes and facilities in energy-intensive
commercial application sectors;
(ii) research, develop, and demonstrate advanced
technologies capable of energy intensity reductions and
increased environmental performance in energy-intensive
commercial application sectors; and
(iii) promote the use of the processes, technologies, and
techniques described in clauses (i) and (ii); and
(B) pay the Federal share of the cost of any eligible
partnership activities for which a proposal has been
submitted and approved in accordance with paragraph (3)(B).
(2) Eligible activities.--Partnership activities eligible
for financial assistance under this subsection include--
(A) feedstock and recycling research, development, and
demonstration activities to identify and promote--
(i) opportunities for meeting manufacturing feedstock
requirements with more energy efficient and flexible sources
of feedstock or energy supply;
(ii) strategies to develop and deploy technologies that
improve the quality and quantity of feedstocks recovered from
process and waste streams; and
(iii) other methods using recycling, reuse, and improved
industrial materials;
(B) industrial and commercial energy efficiency and
sustainability assessments to--
(i) assist individual industrial and commercial sectors in
developing tools, techniques, and methodologies to assess--
(I) the unique processes and facilities of the sectors;
(II) the energy utilization requirements of the sectors;
and
(III) the application of new, more energy efficient
technologies; and
(ii) conduct energy savings assessments;
(C) the incorporation of technologies and innovations that
would significantly improve the energy efficiency and
utilization of energy-intensive commercial applications; and
(D) any other activities that the Secretary determines to
be appropriate.
(3) Proposals.--
(A) In general.--To be eligible for financial assistance
under this subsection, a partnership shall submit to the
Secretary a proposal that describes the proposed research,
development, or demonstration activity to be conducted by the
partnership.
(B) Review.--After reviewing the scientific, technical, and
commercial merit of a proposals submitted under subparagraph
(A), the Secretary shall approve or disapprove the proposal.
(C) Competitive awards.--The provision of financial
assistance under this subsection shall be on a competitive
basis.
(4) Cost-sharing requirement.--In carrying out this
section, the Secretary shall require cost sharing in
accordance with section 988 of the Energy Policy Act of 2005
(42 U.S.C. 16352).
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out this section--
(A) $184,000,000 for fiscal year 2008;
(B) $190,000,000 for fiscal year 2009;
(C) $196,000,000 for fiscal year 2010;
(D) $202,000,000 for fiscal year 2011;
(E) $208,000,000 for fiscal year 2012; and
(F) such sums as are necessary for fiscal year 2013 and
each fiscal year thereafter.
(2) Partnership activities.--Of the amounts made available
under paragraph (1), not less than 50 percent shall be used
to pay the Federal share of partnership activities under
subsection (c).
Subtitle C--Promoting High Efficiency Vehicles, Advanced Batteries, and
Energy Storage
SEC. 241. LIGHTWEIGHT MATERIALS RESEARCH AND DEVELOPMENT.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary shall establish a
research and development program to determine ways in which--
(1) the weight of vehicles may be reduced to improve fuel
efficiency without compromising passenger safety; and
(2) the cost of lightweight materials (such as steel
alloys, fiberglass, and carbon composites) required for the
construction of lighter-weight vehicles may be reduced.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $60,000,000 for
each of fiscal years 2007 through 2012.
SEC. 242. LOAN GUARANTEES FOR FUEL-EFFICIENT AUTOMOBILE PARTS
MANUFACTURERS.
(a) In General.--Section 712(a) of the Energy Policy Act of
2005 (42 U.S.C. 16062(a)) is amended in the second sentence
by striking ``grants to automobile manufacturers'' and
inserting ``grants and loan guarantees under section 1703 to
automobile manufacturers and suppliers''.
(b) Conforming Amendment.--Section 1703(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by
striking paragraph (8) and inserting the following:
``(8) Production facilities for the manufacture of fuel
efficient vehicles or parts of those vehicles, including
electric drive transportation technology and advanced diesel
vehicles.''.
SEC. 243. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING
INCENTIVE PROGRAM.
(a) Definitions.--In this section:
(1) Adjusted average fuel economy.--The term ``adjusted
average fuel economy'' means the average fuel economy of a
manufacturer for all light duty vehicles produced by the
manufacturer, adjusted such that the fuel economy of each
vehicle that qualifies for an award shall be considered to be
equal to the average fuel economy for vehicles of a similar
footprint for model year 2005.
(2) Advanced technology vehicle.--The term ``advanced
technology vehicle'' means a light duty vehicle that meets--
(A) the Bin 5 Tier II emission standard established in
regulations issued by the Administrator of the Environmental
Protection Agency under section 202(i) of the Clean Air Act
(42 U.S.C. 7521(i)), or a lower-numbered Bin emission
standard;
(B) any new emission standard for fine particulate matter
prescribed by the Administrator under that Act (42 U.S.C.
7401 et seq.); and
(C) at least 125 percent of the average base year combined
fuel economy, calculated on an energy-equivalent basis, for
vehicles of a substantially similar footprint.
(3) Combined fuel economy.--The term ``combined fuel
economy'' means--
(A) the combined city/highway miles per gallon values, as
reported in accordance with section 32908 of title 49, United
States Code; and
(B) in the case of an electric drive vehicle with the
ability to recharge from an off-board source, the reported
mileage, as determined in a manner consistent with the
Society of Automotive Engineers recommended practice for that
configuration or a similar practice recommended by the
Secretary, using a petroleum equivalence factor for the off-
board electricity (as defined in section 474 of title 10,
Code of Federal Regulations).
[[Page S6285]]
(4) Engineering integration costs.--The term ``engineering
integration costs'' includes the cost of engineering tasks
relating to--
(A) incorporating qualifying components into the design of
advanced technology vehicles; and
(B) designing new tooling and equipment for production
facilities that produce qualifying components or advanced
technology vehicles.
(5) Qualifying components.--The term ``qualifying
components'' means components that the Secretary determines
to be--
(A) specially designed for advanced technology vehicles;
and
(B) installed for the purpose of meeting the performance
requirements of advanced technology vehicles.
(b) Advanced Vehicles Manufacturing Facility.--The
Secretary shall provide facility funding awards under this
section to automobile manufacturers and component suppliers
to pay not more than 30 percent of the cost of--
(1) reequipping, expanding, or establishing a manufacturing
facility in the United States to produce--
(A) qualifying advanced technology vehicles; or
(B) qualifying components; and
(2) engineering integration performed in the United States
of qualifying vehicles and qualifying components.
(c) Period of Availability.--An award under subsection (b)
shall apply to--
(1) facilities and equipment placed in service before
December 30, 2017; and
(2) engineering integration costs incurred during the
period beginning on the date of enactment of this Act and
ending on December 30, 2017.
(d) Improvement.--The Secretary shall issue regulations
that require that, in order for an automobile manufacturer to
be eligible for an award under this section during a
particular year, the adjusted average fuel economy of the
manufacturer for light duty vehicles produced by the
manufacturer during the most recent year for which data are
available shall be not less than the average fuel economy for
all light duty vehicles of the manufacturer for model year
2005.
SEC. 244. ENERGY STORAGE COMPETITIVENESS.
(a) Short Title.--This section may be cited as the ``United
States Energy Storage Competitiveness Act of 2007''.
(b) Energy Storage Systems for Motor Transportation and
Electricity Transmission and Distribution.--
(1) Definitions.--In this subsection:
(A) Council.--The term ``Council'' means the Energy Storage
Advisory Council established under paragraph (3).
(B) Compressed air energy storage.--The term ``compressed
air energy storage'' means, in the case of an electricity
grid application, the storage of energy through the
compression of air.
(C) Department.--The term ``Department'' means the
Department of Energy.
(D) Flywheel.--The term ``flywheel'' means, in the case of
an electricity grid application, a device used to store
rotational kinetic energy.
(E) Ultracapacitor.--The term ``ultracapacitor'' means an
energy storage device that has a power density comparable to
conventional capacitors but capable of exceeding the energy
density of conventional capacitors by several orders of
magnitude.
(2) Program.--The Secretary shall carry out a research,
development, and demonstration program to support the ability
of the United States to remain globally competitive in energy
storage systems for motor transportation and electricity
transmission and distribution.
(3) Energy storage advisory council.--
(A) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall establish an
Energy Storage Advisory Council.
(B) Composition.--
(i) In general.--Subject to clause (ii), the Council shall
consist of not less than 15 individuals appointed by the
Secretary, based on recommendations of the National Academy
of Sciences.
(ii) Energy storage industry.--The Council shall consist
primarily of representatives of the energy storage industry
of the United States.
(iii) Chairperson.--The Secretary shall select a
Chairperson for the Council from among the members appointed
under clause (i)
(C) Meetings.--
(i) In general.--The Council shall meet not less than once
a year.
(ii) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App. 2) shall apply to a meeting of
the Council.
(D) Plans.--No later than 1 year after the date of
enactment of this Act, in conjunction with the Secretary, the
Council shall develop 5-year plans for integrating basic and
applied research so that the United States retains a globally
competitive domestic energy storage industry for motor
transportation and electricity transmission and distribution.
(E) Review.--The Council shall--
(i) assess the performance of the Department in meeting the
goals of the plans developed under subparagraph (D); and
(ii) make specific recommendations to the Secretary on
programs or activities that should be established or
terminated to meet those goals.
(4) Basic research program.--
(A) Basic research.--The Secretary shall conduct a basic
research program on energy storage systems to support motor
transportation and electricity transmission and distribution,
including--
(i) materials design;
(ii) materials synthesis and characterization;
(iii) electrolytes, including bioelectrolytes;
(iv) surface and interface dynamics; and
(v) modeling and simulation.
(B) Nanoscience centers.--The Secretary shall ensure that
the nanoscience centers of the Department--
(i) support research in the areas described in subparagraph
(A), as part of the mission of the centers; and
(ii) coordinate activities of the centers with activities
of the Council.
(5) Applied research program.--The Secretary shall conduct
an applied research program on energy storage systems to
support motor transportation and electricity transmission and
distribution technologies, including--
(A) ultracapacitors;
(B) flywheels;
(C) batteries;
(D) compressed air energy systems;
(E) power conditioning electronics; and
(F) manufacturing technologies for energy storage systems.
(6) Energy storage research centers.--
(A) In general.--The Secretary shall establish, through
competitive bids, 4 energy storage research centers to
translate basic research into applied technologies to advance
the capability of the United States to maintain a globally
competitive posture in energy storage systems for motor
transportation and electricity transmission and distribution.
(B) Program management.--The centers shall be jointly
managed by the Under Secretary for Science and the Under
Secretary of Energy of the Department.
(C) Participation agreements.--As a condition of
participating in a center, a participant shall enter into a
participation agreement with the center that requires that
activities conducted by the participant for the center
promote the goal of enabling the United States to compete
successfully in global energy storage markets.
(D) Plans.--A center shall conduct activities that promote
the achievement of the goals of the plans of the Council
under paragraph (3)(D).
(E) Cost sharing.--In carrying out this paragraph, the
Secretary shall require cost-sharing in accordance with
section 988 of the Energy Policy Act of 2005 (42 U.S.C.
16352).
(F) National laboratories.--A national laboratory (as
defined in section 2 of the Energy Policy Act of 2005 (42
U.S.C. 15801)) may participate in a center established under
this paragraph, including a cooperative research and
development agreement (as defined in section 12(d) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(d))).
(G) Intellectual property.--A participant shall be provided
appropriate intellectual property rights commensurate with
the nature of the participation agreement of the participant.
(7) Review by national academy of sciences.--Not later than
5 years after the date of enactment of this Act, the
Secretary shall offer to enter into an arrangement with the
National Academy of Sciences to assess the performance of the
Department in making the United States globally competitive
in energy storage systems for motor transportation and
electricity transmission and distribution.
(8) Authorization of appropriations.--There are authorized
to be appropriated to carry out--
(A) the basic research program under paragraph (4)
$50,000,000 for each of fiscal years 2008 through 2017;
(B) the applied research program under paragraph (5)
$80,000,000 for each of fiscal years 2008 through 2017; and;
(C) the energy storage research center program under
paragraph (6) $100,000,000 for each of fiscal years 2008
through 2017.
SEC. 245. ADVANCED TRANSPORTATION TECHNOLOGY PROGRAM.
(a) Electric Drive Vehicle Demonstration Program.--
(1) Definition of electric drive vehicle.--In this
subsection, the term ``electric drive vehicle'' means a
precommercial vehicle that--
(A) draws motive power from a battery with at least 4
kilowatt-hours of electricity;
(B) can be recharged from an external source of electricity
for motive power; and
(C) is a light-, medium-, or heavy-duty onroad or nonroad
vehicle.
(2) Program.--The Secretary shall establish a competitive
program to provide grants for demonstrations of electric
drive vehicles.
(3) Eligibility.--A State government, local government,
metropolitan transportation authority, air pollution control
district, private entity, and nonprofit entity shall be
eligible to receive a grant under this subsection.
(4) Priority.--In making grants under this subsection, the
Secretary shall give priority to proposals that--
(A) are likely to contribute to the commercialization and
production of electric drive vehicles in the United States;
and
(B) reduce petroleum usage.
(5) Scope of demonstrations.--The Secretary shall ensure,
to the extent practicable, that the program established under
[[Page S6286]]
this subsection includes a variety of applications,
manufacturers, and end-uses.
(6) Reporting.--The Secretary shall require a grant
recipient under this subsection to submit to the Secretary,
on an annual basis, data relating to vehicle, performance,
life cycle costs, and emissions of vehicles demonstrated
under the grant, including emissions of greenhouse gases.
(7) Cost sharing.--Section 988 of the Energy Policy Act of
2005 (42 U.S.C. 16352) shall apply to a grant made under this
subsection.
(8) Authorizations of appropriations.--There are authorized
to be appropriated to carry out this subsection $60,000,000
for each of fiscal years 2008 through 2012, of which not less
than $20,000,000 shall be available each fiscal year only to
make grants local and municipal governments.
(b) Near-Term Oil Saving Transportation Deployment
Program.--
(1) Definition of qualified transportation project.--In
this subsection, the term ``qualified transportation
project'' means--
(A) a project that simultaneously reduces emissions of
criteria pollutants, greenhouse gas emissions, and petroleum
usage by at least 40 percent as compared to commercially
available, petroleum-based technologies used in nonroad
vehicles; and
(B) an electrification project involving onroad commercial
trucks, rail transportation, or ships, and any associated
infrastructure (including any panel upgrades, battery
chargers, trenching, and alternative fuel infrastructure).
(2) Program.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
the Secretary of Transportation, shall establish a program to
provide grants to eligible entities for the conduct of
qualified transportation projects.
(3) Priority.--In providing grants under this subsection,
the Secretary shall give priority to large-scale projects and
large-scale aggregators of projects.
(4) Cost sharing.--Section 988 of the Energy Policy Act of
2005 (42 U.S.C. 16352) shall apply to a grant made under this
subsection.
(5) Authorization of appropriations.--There are authorized
to carry this subsection $90,000,000 for each of fiscal years
2008 through 2013.
Subtitle D--Setting Energy Efficiency Goals
SEC. 251. NATIONAL GOALS FOR ENERGY SAVINGS IN
TRANSPORTATION.
(a) Goals.--The goals of the United States are to reduce
gasoline usage in the United States from the levels projected
under subsection (b) by--
(1) 20 percent by calendar year 2017;
(2) 35 percent by calendar year 2025; and
(3) 45 percent by calendar year 2030.
(b) Measurement.--For purposes of subsection (a), reduction
in gasoline usage shall be measured from the estimates for
each year in subsection (a) contained in the reference case
in the report of the Energy Information Administration
entitled ``Annual Energy Outlook 2007''.
(c) Strategic Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in cooperation with the
Administrator of the Environmental Protection Agency and the
heads of other appropriate Federal agencies, shall develop a
strategic plan to achieve the national goals for reduction in
gasoline usage established under subsection (a).
(2) Public input and comment.--The Secretary shall develop
the plan in a manner that provides appropriate opportunities
for public comment.
(d) Plan Contents.--The strategic plan shall--
(1) establish future regulatory, funding, and policy
priorities to ensure compliance with the national goals;
(2) include energy savings estimates for each sector; and
(3) include data collection methodologies and compilations
used to establish baseline and energy savings data.
(e) Plan Updates.--
(1) In general.--The Secretary shall--
(A) update the strategic plan biennially; and
(B) include the updated strategic plan in the national
energy policy plan required by section 801 of the Department
of Energy Organization Act (42 U.S.C. 7321).
(2) Contents.--In updating the plan, the Secretary shall--
(A) report on progress made toward implementing efficiency
policies to achieve the national goals established under
subsection (a); and
(B) to the maximum extent practicable, verify energy
savings resulting from the policies.
(f) Report to Congress and Public.--The Secretary shall
submit to Congress, and make available to the public, the
initial strategic plan developed under subsection (c) and
each updated plan.
SEC. 252. NATIONAL ENERGY EFFICIENCY IMPROVEMENT GOALS.
(a) Goals.--The goals of the United States are--
(1) to achieve an improvement in the overall energy
productivity of the United States (measured in gross domestic
product per unit of energy input) of at least 2.5 percent per
year by the year 2012; and
(2) to maintain that annual rate of improvement each year
through 2030.
(b) Strategic Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in cooperation with the
Administrator of the Environmental Protection Agency and the
heads of other appropriate Federal agencies, shall develop a
strategic plan to achieve the national goals for improvement
in energy productivity established under subsection (a).
(2) Public input and comment.--The Secretary shall develop
the plan in a manner that provides appropriate opportunities
for public input and comment.
(c) Plan Contents.--The strategic plan shall--
(1) establish future regulatory, funding, and policy
priorities to ensure compliance with the national goals;
(2) include energy savings estimates for each sector; and
(3) include data collection methodologies and compilations
used to establish baseline and energy savings data.
(d) Plan Updates.--
(1) In general.--The Secretary shall--
(A) update the strategic plan biennially; and
(B) include the updated strategic plan in the national
energy policy plan required by section 801 of the Department
of Energy Organization Act (42 U.S.C. 7321).
(2) Contents.--In updating the plan, the Secretary shall--
(A) report on progress made toward implementing efficiency
policies to achieve the national goals established under
subsection (a); and
(B) verify, to the maximum extent practicable, energy
savings resulting from the policies.
(e) Report to Congress and Public.--The Secretary shall
submit to Congress, and make available to the public, the
initial strategic plan developed under subsection (b) and
each updated plan.
SEC. 253. NATIONAL MEDIA CAMPAIGN.
(a) In General.--The Secretary, acting through the
Assistant Secretary for Energy Efficiency and Renewable
Energy (referred to in this section as the ``Secretary''),
shall develop and conduct a national media campaign--
(1) to increase energy efficiency throughout the economy of
the United States over the next decade;
(2) to promote the national security benefits associated
with increased energy efficiency; and
(3) to decrease oil consumption in the United States over
the next decade.
(b) Contract With Entity.--The Secretary shall carry out
subsection (a) directly or through--
(1) competitively bid contracts with 1 or more nationally
recognized media firms for the development and distribution
of monthly television, radio, and newspaper public service
announcements; or
(2) collective agreements with 1 or more nationally
recognized institutes, businesses, or nonprofit organizations
for the funding, development, and distribution of monthly
television, radio, and newspaper public service
announcements.
(c) Use of Funds.--
(1) In general.--Amounts made available to carry out this
section shall be used for the following:
(A) Advertising costs.--
(i) The purchase of media time and space.
(ii) Creative and talent costs.
(iii) Testing and evaluation of advertising.
(iv) Evaluation of the effectiveness of the media campaign.
(B) Administrative costs.--Operational and management
expenses.
(2) Limitations.--In carrying out this section, the
Secretary shall allocate not less than 85 percent of funds
made available under subsection (e) for each fiscal year for
the advertising functions specified under paragraph (1)(A).
(d) Reports.--The Secretary shall annually submit to
Congress a report that describes--
(1) the strategy of the national media campaign and whether
specific objectives of the campaign were accomplished,
including--
(A) determinations concerning the rate of change of energy
consumption, in both absolute and per capita terms; and
(B) an evaluation that enables consideration whether the
media campaign contributed to reduction of energy
consumption;
(2) steps taken to ensure that the national media campaign
operates in an effective and efficient manner consistent with
the overall strategy and focus of the campaign;
(3) plans to purchase advertising time and space;
(4) policies and practices implemented to ensure that
Federal funds are used responsibly to purchase advertising
time and space and eliminate the potential for waste, fraud,
and abuse; and
(5) all contracts or cooperative agreements entered into
with a corporation, partnership, or individual working on
behalf of the national media campaign.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $5,000,000 for each of fiscal years
2008 through 2012.
(2) Decreased oil consumption.--The Secretary shall use not
less than 50 percent of the amount that is made available
under this section for each fiscal year to develop and
conduct a national media campaign to decrease oil consumption
in the United States over the next decade.
[[Page S6287]]
SEC. 254. MODERNIZATION OF ELECTRICITY GRID SYSTEM.
(a) Statement of Policy.--It is the policy of the United
States that developing and deploying advanced technology to
modernize and increase the efficiency of the electricity grid
system of the United States is essential to maintain a
reliable and secure electricity transmission and distribution
infrastructure that can meet future demand growth.
(b) Programs.--The Secretary, the Federal Energy Regulatory
Commission, and other Federal agencies, as appropriate, shall
carry out programs to support the use, development, and
demonstration of advanced transmission and distribution
technologies, including real-time monitoring and analytical
software--
(1) to maximize the capacity and efficiency of electricity
networks;
(2) to enhance grid reliability;
(3) to reduce line losses;
(4) to facilitate the transition to real-time electricity
pricing;
(5) to allow grid incorporation of more onsite renewable
energy generators;
(6) to enable electricity to displace a portion of the
petroleum used to power the national transportation system of
the United States; and
(7) to enable broad deployment of distributed generation
and demand side management technology.
Subtitle E--Promoting Federal Leadership in Energy Efficiency and
Renewable Energy
SEC. 261. FEDERAL FLEET CONSERVATION REQUIREMENTS.
(a) Federal Fleet Conservation Requirements.--
(1) In general.--Part J of title III of the Energy Policy
and Conservation Act (42 U.S.C. 6374 et seq.) is amended by
adding at the end the following:
``SEC. 400FF. FEDERAL FLEET CONSERVATION REQUIREMENTS.
``(a) Mandatory Reduction in Petroleum Consumption.--
``(1) In general.--The Secretary shall issue regulations
(including provisions for waivers from the requirements of
this section) for Federal fleets subject to section 400AA
requiring that not later than October 1, 2015, each Federal
agency achieve at least a 20 percent reduction in petroleum
consumption, and that each Federal agency increase
alternative fuel consumption by 10 percent annually, as
calculated from the baseline established by the Secretary for
fiscal year 2005.
``(2) Plan.--
``(A) Requirement.--The regulations shall require each
Federal agency to develop a plan to meet the required
petroleum reduction levels and the alternative fuel
consumption increases.
``(B) Measures.--The plan may allow an agency to meet the
required petroleum reduction level through--
``(i) the use of alternative fuels;
``(ii) the acquisition of vehicles with higher fuel
economy, including hybrid vehicles, neighborhood electric
vehicles, electric vehicles, and plug-in hybrid vehicles if
the vehicles are commercially available;
``(iii) the substitution of cars for light trucks;
``(iv) an increase in vehicle load factors;
``(v) a decrease in vehicle miles traveled;
``(vi) a decrease in fleet size; and
``(vii) other measures.
``(b) Federal Employee Incentive Programs for Reducing
Petroleum Consumption.--
``(1) In general.--Each Federal agency shall actively
promote incentive programs that encourage Federal employees
and contractors to reduce petroleum usage through the use of
practices such as--
``(A) telecommuting;
``(B) public transit;
``(C) carpooling; and
``(D) bicycling.
``(2) Monitoring and support for incentive programs.--The
Administrator of General Services, the Director of the Office
of Personnel Management, and the Secretary of Energy shall
monitor and provide appropriate support to agency programs
described in paragraph (1).
``(3) Recognition.--The Secretary may establish a program
under which the Secretary recognizes private sector employers
and State and local governments for outstanding programs to
reduce petroleum usage through practices described in
paragraph (1).
``(c) Replacement Tires.--
``(1) In general.--Except as provided in paragraph (2), the
regulations issued under subsection (a)(1) shall include a
requirement that, to the maximum extent practicable, each
Federal agency purchase energy-efficient replacement tires
for the respective fleet vehicles of the agency.
``(2) Exceptions.--This section does not apply to--
``(A) law enforcement motor vehicles;
``(B) emergency motor vehicles; or
``(C) motor vehicles acquired and used for military
purposes that the Secretary of Defense has certified to the
Secretary must be exempt for national security reasons.
``(d) Annual Reports on Compliance.--The Secretary shall
submit to Congress an annual report that summarizes actions
taken by Federal agencies to comply with this section.''.
(2) Table of contents amendment.--The table of contents of
the Energy Policy and Conservation Act (42 U.S.C. prec. 6201)
is amended by adding at the end of the items relating to part
J of title III the following:
``Sec. 400FF. Federal fleet conservation requirements.''.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the amendment made by this
section $10,000,000 for the period of fiscal years 2008
through 2013.
SEC. 262. FEDERAL REQUIREMENT TO PURCHASE ELECTRICITY
GENERATED BY RENEWABLE ENERGY.
Section 203 of the Energy Policy Act of 2005 (42 U.S.C.
15852) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Requirement.--
``(1) In general.--The President, acting through the
Secretary, shall require that, to the extent economically
feasible and technically practicable, of the total quantity
of domestic electric energy the Federal Government consumes
during any fiscal year, the following percentages shall be
renewable energy from facilities placed in service after
January 1, 1999:
``(A) Not less than 10 percent in fiscal year 2010.
``(B) Not less than 15 percent in fiscal year 2015.
``(2) Capitol complex.--The Architect of the Capitol, in
consultation with the Secretary, shall ensure that, of the
total quantity of electric energy the Capitol complex
consumes during any fiscal year, the percentages prescribed
in paragraph (1) shall be renewable energy.
``(3) Waiver authority.--The President may reduce or waive
the requirement under paragraph (1) on a fiscal-year basis if
the President determines that complying with paragraph (1)
for a fiscal year would result in--
``(A) a negative impact on military training or readiness
activities conducted by the Department of Defense;
``(B) a negative impact on domestic preparedness activities
conducted by the Department of Homeland Security; or
``(C) a requirement that a Federal agency provide emergency
response services in the event of a natural disaster or
terrorist attack.''; and
(2) by adding at the end the following:
``(e) Contracts for Renewable Energy From Public Utility
Services.--Notwithstanding section 501(b)(1)(B) of title 40,
United States Code, a contract for renewable energy from a
public utility service may be made for a period of not more
than 50 years.''.
SEC. 263. ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) Retention of Savings.--Section 546(c) of the National
Energy Conservation Policy Act (42 U.S.C. 8256(c)) is amended
by striking paragraph (5).
(b) Sunset and Reporting Requirements.--Section 801 of the
National Energy Conservation Policy Act (42 U.S.C. 8287) is
amended by striking subsection (c).
(c) Definition of Energy Savings.--Section 804(2) of the
National Energy Conservation Policy Act (42 U.S.C. 8287c(2))
is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively, and indenting
appropriately;
(2) by striking ``means a reduction'' and inserting
``means--
``(A) a reduction'';
(3) by striking the period at the end and inserting a
semicolon; and
(4) by adding at the end the following:
``(B) the increased efficient use of an existing energy
source by cogeneration or heat recovery, and installation of
renewable energy systems;
``(C) if otherwise authorized by Federal or State law
(including regulations), the sale or transfer of electrical
or thermal energy generated on-site from renewable energy
sources or cogeneration, but in excess of Federal needs, to
utilities or non-Federal energy users; and
``(D) the increased efficient use of existing water sources
in interior or exterior applications.''.
(d) Notification.--
(1) Authority to enter into contracts.--Section
801(a)(2)(D) of the National Energy Conservation Policy Act
(42 U.S.C. 8287(a)(2)(D)) is amended--
(A) in clause (ii), by inserting ``and'' after the
semicolon at the end;
(B) by striking clause (iii); and
(C) by redesignating clause (iv) as clause (iii).
(2) Reports.--Section 548(a)(2) of the National Energy
Conservation Policy Act (42 U.S.C. 8258(a)(2)) is amended by
inserting ``and any termination penalty exposure'' after
``the energy and cost savings that have resulted from such
contracts''.
(3) Conforming amendment.--Section 2913 of title 10, United
States Code, is amended by striking subsection (e).
(e) Energy and Cost Savings in Nonbuilding Applications.--
(1) Definitions.--In this subsection:
(A) Nonbuilding application.--The term ``nonbuilding
application'' means--
(i) any class of vehicles, devices, or equipment that is
transportable under the power of the applicable vehicle,
device, or equipment by land, sea, or air and that consumes
energy from any fuel source for the purpose of--
(I) that transportation; or
(II) maintaining a controlled environment within the
vehicle, device, or equipment; and
(ii) any federally-owned equipment used to generate
electricity or transport water.
(B) Secondary savings.--
[[Page S6288]]
(i) In general.--The term ``secondary savings'' means
additional energy or cost savings that are a direct
consequence of the energy savings that result from the energy
efficiency improvements that were financed and implemented
pursuant to an energy savings performance contract.
(ii) Inclusions.--The term ``secondary savings'' includes--
(I) energy and cost savings that result from a reduction in
the need for fuel delivery and logistical support;
(II) personnel cost savings and environmental benefits; and
(III) in the case of electric generation equipment, the
benefits of increased efficiency in the production of
electricity, including revenues received by the Federal
Government from the sale of electricity so produced.
(2) Study.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary and the Secretary of
Defense shall jointly conduct, and submit to Congress and the
President a report of, a study of the potential for the use
of energy savings performance contracts to reduce energy
consumption and provide energy and cost savings in
nonbuilding applications.
(B) Requirements.--The study under this subsection shall
include--
(i) an estimate of the potential energy and cost savings to
the Federal Government, including secondary savings and
benefits, from increased efficiency in nonbuilding
applications;
(ii) an assessment of the feasibility of extending the use
of energy savings performance contracts to nonbuilding
applications, including an identification of any regulatory
or statutory barriers to such use; and
(iii) such recommendations as the Secretary and Secretary
of Defense determine to be appropriate.
SEC. 264. ENERGY MANAGEMENT REQUIREMENTS FOR FEDERAL
BUILDINGS.
Section 543(a)(1) of the National Energy Conservation
Policy Act (42 U.S.C. 8253(a)(1)) is amended by striking the
table and inserting the following:
``Fiscal Year Percentage reduction
2006...............................................................2
2007...............................................................4
2008...............................................................9
2009..............................................................12
2010..............................................................15
2011..............................................................18
2012..............................................................21
2013..............................................................24
2014..............................................................27
2015...........................................................30.''.
SEC. 265. COMBINED HEAT AND POWER AND DISTRICT ENERGY
INSTALLATIONS AT FEDERAL SITES.
Section 543 of the National Energy Conservation Policy Act
(42 U.S.C. 8253) is amended by adding at the end the
following:
``(f) Combined Heat and Power and District Energy
Installations at Federal Sites.--
``(1) In general.--Not later than 18 months after the date
of enactment of this subsection, the Secretary, in
consultation with the Administrator of General Services and
the Secretary of Defense, shall identify Federal sites that
could achieve significant cost-effective energy savings
through the use of combined heat and power or district energy
installations.
``(2) Information and technical assistance.--The Secretary
shall provide agencies with information and technical
assistance that will enable the agencies to take advantage of
the energy savings described in paragraph (1).
``(3) Energy performance requirements.--Any energy savings
from the installations described in paragraph (1) may be
applied to meet the energy performance requirements for an
agency under subsection (a)(1).''.
SEC. 266. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE
STANDARDS.
Section 305(a)(3)(A) of the Energy Conservation and
Production Act (42 U.S.C. 6834(a)(3)(A)) is amended--
(1) in the matter preceding clause (i), by striking ``this
paragraph'' and by inserting ``the Energy Efficiency
Promotion Act of 2007''; and
(2) in clause (i)--
(A) in subclause (I), by striking ``and'' at the end;
(B) by redesignating subclause (II) as subclause (III); and
(C) by inserting after subclause (I) the following:
``(II) the buildings be designed, to the extent
economically feasible and technically practicable, so that
the fossil fuel-generated energy consumption of the buildings
is reduced, as compared with the fossil fuel-generated energy
consumption by a similar Federal building in fiscal year 2003
(as measured by Commercial Buildings Energy Consumption
Survey or Residential Energy Consumption Survey data from the
Energy Information Agency), by the percentage specified in
the following table:
Fiscal Year Percentage Reduction
2007...............................................................50
2010...............................................................60
2015...............................................................70
2020...............................................................80
2025...............................................................90
2030.............................................................100;
and''.
SEC. 267. APPLICATION OF INTERNATIONAL ENERGY CONSERVATION
CODE TO PUBLIC AND ASSISTED HOUSING.
Section 109 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12709) is amended--
(1) in subsection (a)(1)(C), by striking, ``, where such
standards are determined to be cost effective by the
Secretary of Housing and Urban Development'';
(2) in subsection (a)(2)--
(A) by striking ``the Council of American Building
Officials Model Energy Code, 1992'' and inserting ``2006
International Energy Conservation Code''; and
(B) by striking ``, and, with respect to rehabilitation and
new construction of public and assisted housing funded by
HOPE VI revitalization grants under section 24 of the United
States Housing Act of 1937 (42 U.S.C. 1437v), the 2003
International Energy Conservation Code'';
(3) in subsection (b)--
(A) in the heading, by striking ``Model Energy Code.--''
and inserting ``International Energy Conservation Code.--'';
(B) after ``all new construction'' in the first sentence
insert ``and rehabilitation''; and
(C) by striking ``, and, with respect to rehabilitation and
new construction of public and assisted housing funded by
HOPE VI revitalization grants under section 24 of the United
States Housing Act of 1937 (42 U.S.C. 1437v), the 2003
International Energy Conservation Code'';
(4) in subsection (c)--
(A) in the heading, by striking ``Model Energy Code and'';
and
(B) by striking ``, or, with respect to rehabilitation and
new construction of public and assisted housing funded by
HOPE VI revitalization grants under section 24 of the United
States Housing Act of 1937 (42 U.S.C. 1437v), the 2003
International Energy Conservation Code'';
(5) by adding at the end the following:
``(d) Failure To Amend the Standards.--If the Secretaries
have not, within 1 year after the requirements of the 2006
IECC or the ASHRAE Standard 90.1-2004 are revised, amended
the standards or made a determination under subsection (c) of
this section, and if the Secretary of Energy has made a
determination under section 304 of the Energy Conservation
and Production Act (42 U.S.C. 6833) that the revised code or
standard would improve energy efficiency, all new
construction and rehabilitation of housing specified in
subsection (a) shall meet the requirements of the revised
code or standard.'';
(6) by striking ``CABO Model Energy Code, 1992'' each place
it appears and inserting ``the 2006 IECC''; and
(7) by striking ``1989'' each place it appears and
inserting ``2004''.
SEC. 268. ENERGY EFFICIENT COMMERCIAL BUILDINGS INITIATIVE.
(a) Definitions.--In this section:
(1) Consortium.--The term ``consortium'' means a working
group that is comprised of--
(A) individuals representing--
(i) 1 or more businesses engaged in--
(I) commercial building development;
(II) construction; or
(III) real estate;
(ii) financial institutions;
(iii) academic or research institutions;
(iv) State or utility energy efficiency programs;
(v) nongovernmental energy efficiency organizations; and
(vi) the Federal Government;
(B) 1 or more building designers; and
(C) 1 or more individuals who own or operate 1 or more
buildings.
(2) Energy efficient commercial building.--The term
``energy efficient commercial building'' means a commercial
building that is designed, constructed, and operated--
(A) to require a greatly reduced quantity of energy;
(B) to meet, on an annual basis, the balance of energy
needs of the commercial building from renewable sources of
energy; and
(C) to be economically viable.
(3) Initiative.--The term ``initiative'' means the Energy
Efficient Commercial Buildings Initiative.
(b) Initiative.--
(1) In general.--The Secretary shall enter into an
agreement with the consortium to develop and carry out the
initiative--
(A) to reduce the quantity of energy consumed by commercial
buildings located in the United States; and
(B) to achieve the development of energy efficient
commercial buildings in the United States.
(2) Goal of initiative.--The goal of the initiative shall
be to develop technologies and practices and implement
policies that lead to energy efficient commercial buildings
for--
(A) any commercial building newly constructed in the United
States by 2030;
(B) 50 percent of the commercial building stock of the
United States by 2040; and
(C) all commercial buildings in the United States by 2050.
(3) Components.--In carrying out the initiative, the
Secretary, in collaboration with the consortium, may--
(A) conduct research and development on building design,
materials, equipment and controls, operation and other
practices, integration, energy use measurement and
benchmarking, and policies;
(B) conduct demonstration projects to evaluate replicable
approaches to achieving energy efficient commercial buildings
for a variety of building types in a variety of climate
zones;
[[Page S6289]]
(C) conduct deployment activities to disseminate
information on, and encourage widespread adoption of,
technologies, practices, and policies to achieve energy
efficient commercial buildings; and
(D) conduct any other activity necessary to achieve any
goal of the initiative, as determined by the Secretary, in
collaboration with the consortium.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as are necessary to carry out this section.
(2) Additional funding.--In addition to amounts authorized
to be appropriated under paragraph (1), the Secretary may
allocate funds from other appropriations to the initiative
without changing the purpose for which the funds are
appropriated.
Subtitle F--Assisting State and Local Governments in Energy Efficiency
SEC. 271. WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS.
Section 422 of the Energy Conservation and Production Act
(42 U.S.C. 6872) is amended by striking ``$700,000,000 for
fiscal year 2008'' and inserting ``$750,000,000 for each of
fiscal years 2008 through 2012''.
SEC. 272. STATE ENERGY CONSERVATION PLANS.
Section 365(f) of the Energy Policy and Conservation Act
(42 U.S.C. 6325(f)) is amended by striking ``fiscal year
2008'' and inserting ``each of fiscal years 2008 through
2012''.
SEC. 273. UTILITY ENERGY EFFICIENCY PROGRAMS.
(a) Electric Utilities.--Section 111(d) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d))
is amended by adding at the end the following:
``(16) Integrated resource planning.--Each electric utility
shall--
``(A) integrate energy efficiency resources into utility,
State, and regional plans; and
``(B) adopt policies establishing cost-effective energy
efficiency as a priority resource.
``(17) Rate design modifications to promote energy
efficiency investments.--
``(A) In general.--The rates allowed to be charged by any
electric utility shall--
``(i) align utility incentives with the delivery of cost-
effective energy efficiency; and
``(ii) promote energy efficiency investments.
``(B) Policy options.--In complying with subparagraph (A),
each State regulatory authority and each nonregulated utility
shall consider--
``(i) removing the throughput incentive and other
regulatory and management disincentives to energy efficiency;
``(ii) providing utility incentives for the successful
management of energy efficiency programs;
``(iii) including the impact on adoption of energy
efficiency as 1 of the goals of retail rate design,
recognizing that energy efficiency must be balanced with
other objectives;
``(iv) adopting rate designs that encourage energy
efficiency for each customer class; and
``(v) allowing timely recovery of energy efficiency-related
costs.''.
(b) Natural Gas Utilities.--Section 303(b) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 3203(b))
is amended by adding at the end the following:
``(5) Energy efficiency.--Each natural gas utility shall--
``(A) integrate energy efficiency resources into the plans
and planning processes of the natural gas utility; and
``(B) adopt policies that establish energy efficiency as a
priority resource in the plans and planning processes of the
natural gas utility.
``(6) Rate design modifications to promote energy
efficiency investments.--
``(A) In general.--The rates allowed to be charged by a
natural gas utility shall align utility incentives with the
deployment of cost-effective energy efficiency.
``(B) Policy options.--In complying with subparagraph (A),
each State regulatory authority and each nonregulated utility
shall consider--
``(i) separating fixed-cost revenue recovery from the
volume of transportation or sales service provided to the
customer;
``(ii) providing to utilities incentives for the successful
management of energy efficiency programs, such as allowing
utilities to retain a portion of the cost-reducing benefits
accruing from the programs;
``(iii) promoting the impact on adoption of energy
efficiency as 1 of the goals of retail rate design,
recognizing that energy efficiency must be balanced with
other objectives; and
``(iv) adopting rate designs that encourage energy
efficiency for each customer class.''.
SEC. 274. ENERGY EFFICIENCY AND DEMAND RESPONSE PROGRAM
ASSISTANCE.
The Secretary shall provide technical assistance regarding
the design and implementation of the energy efficiency and
demand response programs established under this title, and
the amendments made by this title, to State energy offices,
public utility regulatory commissions, and nonregulated
utilities through the appropriate national laboratories of
the Department of Energy.
SEC. 275. ENERGY AND ENVIRONMENTAL BLOCK GRANT.
Title I of the Housing and Community Development Act of
1974 (42 U.S.C. 5301 et seq.) is amended by adding at the end
the following:
``SEC. 123. ENERGY AND ENVIRONMENTAL BLOCK GRANT.
``(a) Definitions.--In this section
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) an eligible unit of local government within a State;
and
``(C) an Indian tribe.
``(2) Eligible unit of local government.--The term
`eligible unit of local government' means--
``(A) a city with a population--
``(i) of at least 35,000; or
``(ii) that causes the city to be 1 of the top 10 most
populous cities of the State in which the city is located;
and
``(B) a county with a population--
``(i) of at least 200,000; or
``(ii) that causes the county to be 1 of the top 10 most
populous counties of the State in which the county is
located.
``(3) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(4) State.--The term `State' means--
``(A) a State;
``(B) the District of Columbia;
``(C) the Commonwealth of Puerto Rico; and
``(D) any other territory or possession of the United
States.
``(b) Purpose.--The purpose of this section is to assist
State and local governments in implementing strategies--
``(1) to reduce fossil fuel emissions created as a result
of activities within the boundaries of the States or units of
local government;
``(2) to reduce the total energy use of the States and
units of local government; and
``(3) to improve energy efficiency in the transportation
sector, building sector, and any other appropriate sectors.
``(c) Program.--
``(1) In general.--The Secretary shall provide to eligible
entities block grants to carry out eligible activities (as
specified under paragraph (2)) relating to the implementation
of environmentally beneficial energy strategies.
``(2) Eligible activities.--The Secretary, in consultation
with the Administrator of the Environmental Protection
Agency, the Secretary of Transportation, and the Secretary of
Housing and Urban Development, shall establish a list of
activities that are eligible for assistance under the grant
program.
``(3) Allocation to states and eligible units of local
government.--
``(A) In general.--Of the amounts made available to provide
grants under this subsection, the Secretary shall allocate--
``(i) 70 percent to eligible units of local government; and
``(ii) 30 percent to States.
``(B) Distribution to eligible units of local government.--
``(i) In general.--The Secretary shall establish a formula
for the distribution of amounts under subparagraph (A)(i) to
eligible units of local government, taking into account any
factors that the Secretary determines to be appropriate,
including the residential and daytime population of the
eligible units of local government.
``(ii) Criteria.--Amounts shall be distributed to eligible
units of local government under clause (i) only if the
eligible units of local government meet the criteria for
distribution established by the Secretary for units of local
government.
``(C) Distribution to states.--
``(i) In general.--Of the amounts provided to States under
subparagraph (A)(ii), the Secretary shall distribute--
``(I) at least 1.25 percent to each State; and
``(II) the remainder among the States, based on a formula,
to be determined by the Secretary, that takes into account
the population of the States and any other criteria that the
Secretary determines to be appropriate.
``(ii) Criteria.--Amounts shall be distributed to States
under clause (i) only if the States meet the criteria for
distribution established by the Secretary for States.
``(iii) Limitation on use of state funds.--At least 40
percent of the amounts distributed to States under this
subparagraph shall be used by the States for the conduct of
eligible activities in nonentitlement areas in the States, in
accordance with any criteria established by the Secretary.
``(4) Report.--Not later than 2 years after the date on
which an eligible entity first receives a grant under this
section, and every 2 years thereafter, the eligible entity
shall submit to the Secretary a report that describes any
eligible activities carried out using assistance provided
under this subsection.
``(5) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection for each of fiscal years 2008
through 2012.
``(d) Environmentally Beneficial Energy Strategies
Supplemental Grant Program.--
``(1) In general.--The Secretary shall provide to each
eligible entity that meets the applicable criteria under
subparagraph (B)(ii) or (C)(ii) of subsection (c)(3) a
supplemental grant to pay the Federal share of the total
costs of carrying out an activity relating to the
implementation of an environmentally beneficial energy
strategy.
``(2) Requirements.--To be eligible for a grant under
paragraph (1), an eligible entity shall--
``(A) demonstrate to the satisfaction of the Secretary that
the eligible entity meets the applicable criteria under
subparagraph (B)(ii) or (C)(ii) of subsection (c)(3); and
[[Page S6290]]
``(B) submit to the Secretary for approval a plan that
describes the activities to be funded by the grant.
``(3) Cost-sharing requirement.--
``(A) Federal share.--The Federal share of the cost of
carrying out any activities under this subsection shall be 75
percent.
``(B) Non-federal share.--
``(i) Form.--Not more than 50 percent of the non-Federal
share may be in the form of in-kind contributions.
``(ii) Limitation.--Amounts provided to an eligible entity
under subsection (c) shall not be used toward the non-Federal
share.
``(4) Maintenance of effort.--An eligible entity shall
provide assurances to the Secretary that funds provided to
the eligible entity under this subsection will be used only
to supplement, not to supplant, the amount of Federal, State,
and local funds otherwise expended by the eligible entity for
eligible activities under this subsection.
``(5) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection for each of fiscal years 2008
through 2012.
``(e) Grants to Other States and Communities.--
``(1) In general.--Of the total amount of funds that are
made available each fiscal year to carry out this section,
the Secretary shall use 2 percent of the amount to make
competitive grants under this section to States and units of
local government that are not eligible entities or to
consortia of such units of local government.
``(2) Applications.--To be eligible for a grant under this
subsection, a State, unit of local government, or consortia
described in paragraph (1) shall apply to the Secretary for a
grant to carry out an activity that would otherwise be
eligible for a grant under subsection (c) or (d).
``(3) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to--
``(A) States with populations of less than 2,000,000; and
``(B) projects that would result in significant energy
efficiency improvements, reductions in fossil fuel use, or
capital improvements.''.
SEC. 276. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS FOR
INSTITUTIONS OF HIGHER EDUCATION.
Part G of title III of the Energy Policy and Conservation
Act is amended by inserting after section 399 (42 U.S.C.
371h) the following:
``SEC. 399A. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS FOR
INSTITUTIONS OF HIGHER EDUCATION.
``(a) Definitions.--In this section:
``(1) Energy sustainability.--The term `energy
sustainability' includes using a renewable energy resource
and a highly efficient technology for electricity generation,
transportation, heating, or cooling.
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 2 of the Energy Policy Act of 2005 (42 U.S.C.
15801).
``(b) Grants for Energy Efficiency Improvement.--
``(1) In general.--The Secretary shall award not more than
100 grants to institutions of higher education to carry out
projects to improve energy efficiency on the grounds and
facilities of the institution of higher education, including
not less than 1 grant to an institution of higher education
in each State.
``(2) Condition.--As a condition of receiving a grant under
this subsection, an institution of higher education shall
agree to--
``(A) implement a public awareness campaign concerning the
project in the community in which the institution of higher
education is located; and
``(B) submit to the Secretary, and make available to the
public, reports on any efficiency improvements, energy cost
savings, and environmental benefits achieved as part of a
project carried out under paragraph (1).
``(c) Grants for Innovation in Energy Sustainability.--
``(1) In general.--The Secretary shall award not more than
250 grants to institutions of higher education to engage in
innovative energy sustainability projects, including not less
than 2 grants to institutions of higher education in each
State.
``(2) Innovation projects.--An innovation project carried
out with a grant under this subsection shall--
``(A) involve--
``(i) an innovative technology that is not yet commercially
available; or
``(ii) available technology in an innovative application
that maximizes energy efficiency and sustainability;
``(B) have the greatest potential for testing or
demonstrating new technologies or processes; and
``(C) ensure active student participation in the project,
including the planning, implementation, evaluation, and other
phases of the project.
``(3) Condition.--As a condition of receiving a grant under
this subsection, an institution of higher education shall
agree to submit to the Secretary, and make available to the
public, reports that describe the results of the projects
carried out under paragraph (1).
``(d) Awarding of Grants.--
``(1) Application.--An institution of higher education that
seeks to receive a grant under this section may submit to the
Secretary an application for the grant at such time, in such
form, and containing such information as the Secretary may
prescribe.
``(2) Selection.--The Secretary shall establish a committee
to assist in the selection of grant recipients under this
section.
``(e) Allocation to Institutions of Higher Education With
Small Endowments.--Of the amount of grants provided for a
fiscal year under this section, the Secretary shall provide
not less 50 percent of the amount to institutions of higher
education that have an endowment of not more than
$100,000,000, with 50 percent of the allocation set aside for
institutions of higher education that have an endowment of
not more than $50,000,000.
``(f) Grant Amounts.--The maximum amount of grants for a
project under this section shall not exceed--
``(1) in the case of grants for energy efficiency
improvement under subsection (b), $1,000,000; or
``(2) in the case of grants for innovation in energy
sustainability under subsection (c), $500,000.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section for each of fiscal years 2008 through
2012.''.
SEC. 277. WORKFORCE TRAINING.
Section 1101 of the Energy Policy Act of 2005 (42 U.S.C.
16411) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Workforce Training.--
``(1) In general.--The Secretary, in cooperation with the
Secretary of Labor, shall promulgate regulations to implement
a program to provide workforce training to meet the high
demand for workers skilled in the energy efficiency and
renewable energy industries.
``(2) Consultation.--In carrying out this subsection, the
Secretary shall consult with representatives of the energy
efficiency and renewable energy industries concerning skills
that are needed in those industries.''.
SEC. 278. ASSISTANCE TO STATES TO REDUCE SCHOOL BUS IDLING.
(a) Statement of Policy.--Congress encourages each local
educational agency (as defined in section 9101(26) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(26))) that receives Federal funds under the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)
to develop a policy to reduce the incidence of school bus
idling at schools while picking up and unloading students.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary, working in coordination
with the Secretary of Education, $5,000,000 for each of
fiscal years 2007 through 2012 for use in educating States
and local education agencies about--
(1) benefits of reducing school bus idling; and
(2) ways in which school bus idling may be reduced.
TITLE III--CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION
SEC. 301. SHORT TITLE.
This title may be cited as the ``Carbon Capture and
Sequestration Act of 2007''.
SEC. 302. CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT,
AND DEMONSTRATION PROGRAM.
Section 963 of the Energy Policy Act of 2005 (42 U.S.C.
16293) is amended--
(1) in the section heading, by striking ``RESEARCH AND
DEVELOPMENT'' and inserting ``AND STORAGE RESEARCH,
DEVELOPMENT, AND DEMONSTRATION'';
(2) in subsection (a)--
(A) by striking ``research and development'' and inserting
``and storage research, development, and demonstration''; and
(B) by striking ``capture technologies on combustion-based
systems'' and inserting ``capture and storage technologies
related to energy systems'';
(3) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) to expedite and carry out large-scale testing of
carbon sequestration systems in a range of geological
formations that will provide information on the cost and
feasibility of deployment of sequestration technologies.'';
and
(4) by striking subsection (c) and inserting the following:
``(c) Programmatic Activities.--
``(1) Energy research and development underlying carbon
capture and storage technologies and carbon use activities.--
``(A) In general.--The Secretary shall carry out
fundamental science and engineering research (including
laboratory-scale experiments, numeric modeling, and
simulations) to develop and document the performance of new
approaches to capture and store, recycle, or reuse carbon
dioxide.
``(B) Program integration.--The Secretary shall ensure that
fundamental research carried out under this paragraph is
appropriately applied to energy technology development
activities, the field testing of carbon sequestration, and
carbon use activities, including--
``(i) development of new or improved technologies for the
capture of carbon dioxide;
[[Page S6291]]
``(ii) development of new or improved technologies that
reduce the cost and increase the efficacy of the compression
of carbon dioxide required for the storage of carbon dioxide;
``(iii) modeling and simulation of geological sequestration
field demonstrations;
``(iv) quantitative assessment of risks relating to
specific field sites for testing of sequestration
technologies; and
``(v) research and development of new and improved
technologies for carbon use, including recycling and reuse of
carbon dioxide.
``(2) Carbon capture demonstration project.--
``(A) In general.--The Secretary shall carry out a
demonstration of large-scale carbon dioxide capture from an
appropriate gasification facility selected by the Secretary.
``(B) Link to storage activities.--The Secretary may
require the use of carbon dioxide from the project carried
out under subparagraph (A) in a field testing validation
activity under this section.
``(3) Field validation testing activities.--
``(A) In general.--The Secretary shall promote, to the
maximum extent practicable, regional carbon sequestration
partnerships to conduct geologic sequestration tests
involving carbon dioxide injection and monitoring,
mitigation, and verification operations in a variety of
candidate geological settings, including--
``(i) operating oil and gas fields;
``(ii) depleted oil and gas fields;
``(iii) unmineable coal seams;
``(iv) deep saline formations;
``(v) deep geological systems that may be used as
engineered reservoirs to extract economical quantities of
heat from geothermal resources of low permeability or
porosity; and
``(vi) deep geologic systems containing basalt formations.
``(B) Objectives.--The objectives of tests conducted under
this paragraph shall be--
``(i) to develop and validate geophysical tools, analysis,
and modeling to monitor, predict, and verify carbon dioxide
containment;
``(ii) to validate modeling of geological formations;
``(iii) to refine storage capacity estimated for particular
geological formations;
``(iv) to determine the fate of carbon dioxide concurrent
with and following injection into geological formations;
``(v) to develop and implement best practices for
operations relating to, and monitoring of, injection and
storage of carbon dioxide in geologic formations;
``(vi) to assess and ensure the safety of operations
related to geological storage of carbon dioxide; and
``(vii) to allow the Secretary to promulgate policies,
procedures, requirements, and guidance to ensure that the
objectives of this subparagraph are met in large-scale
testing and deployment activities for carbon capture and
storage that are funded by the Department of Energy.
``(4) Large-scale testing and deployment.--
``(A) In general.--The Secretary shall conduct not less
than 7 initial large-volume sequestration tests for
geological containment of carbon dioxide (at least 1 of which
shall be international in scope) to validate information on
the cost and feasibility of commercial deployment of
technologies for geological containment of carbon dioxide.
``(B) Diversity of formations to be studied.--In selecting
formations for study under this paragraph, the Secretary
shall consider a variety of geological formations across the
United States, and require characterization and modeling of
candidate formations, as determined by the Secretary.
``(5) Preference in project selection from meritorious
proposals.--In making competitive awards under this
subsection, subject to the requirements of section 989, the
Secretary shall give preference to proposals from
partnerships among industrial, academic, and government
entities.
``(6) Cost sharing.--Activities under this subsection shall
be considered research and development activities that are
subject to the cost-sharing requirements of section 988(b).
``(7) Program review and report.--During fiscal year 2011,
the Secretary shall--
``(A) conduct a review of programmatic activities carried
out under this subsection; and
``(B) make recommendations with respect to continuation of
the activities.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $150,000,000 for fiscal year 2008;
``(2) $200,000,000 for fiscal year 2009;
``(3) $200,000,000 for fiscal year 2010;
``(4) $180,000,000 for fiscal year 2011; and
``(5) $165,000,000 for fiscal year 2012.''.
SEC. 303. CARBON DIOXIDE STORAGE CAPACITY ASSESSMENT.
(a) Definitions.--In this section
(1) Assessment.--The term ``assessment'' means the national
assessment of capacity for carbon dioxide completed under
subsection (f).
(2) Capacity.--The term ``capacity'' means the portion of a
storage formation that can retain carbon dioxide in
accordance with the requirements (including physical,
geological, and economic requirements) established under the
methodology developed under subsection (b).
(3) Engineered hazard.--The term ``engineered hazard''
includes the location and completion history of any well that
could affect potential storage.
(4) Risk.--The term ``risk'' includes any risk posed by
geomechanical, geochemical, hydrogeological, structural, and
engineered hazards.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
(6) Storage formation.--The term ``storage formation''
means a deep saline formation, unmineable coal seam, or oil
or gas reservoir that is capable of accommodating a volume of
industrial carbon dioxide.
(b) Methodology.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a
methodology for conducting an assessment under subsection
(f), taking into consideration--
(1) the geographical extent of all potential storage
formations in all States;
(2) the capacity of the potential storage formations;
(3) the injectivity of the potential storage formations;
(4) an estimate of potential volumes of oil and gas
recoverable by injection and storage of industrial carbon
dioxide in potential storage formations;
(5) the risk associated with the potential storage
formations; and
(6) the Carbon Sequestration Atlas of the United States and
Canada that was completed by the Department of Energy in
April 2006.
(c) Coordination.--
(1) Federal coordination.--
(A) Consultation.--The Secretary shall consult with the
Secretary of Energy and the Administrator of the
Environmental Protection Agency on issues of data sharing,
format, development of the methodology, and content of the
assessment required under this title to ensure the maximum
usefulness and success of the assessment.
(B) Cooperation.--The Secretary of Energy and the
Administrator shall cooperate with the Secretary to ensure,
to the maximum extent practicable, the usefulness and success
of the assessment.
(2) State coordination.--The Secretary shall consult with
State geological surveys and other relevant entities to
ensure, to the maximum extent practicable, the usefulness and
success of the assessment.
(d) External Review and Publication.--On completion of the
methodology under subsection (b), the Secretary shall--
(1) publish the methodology and solicit comments from the
public and the heads of affected Federal and State agencies;
(2) establish a panel of individuals with expertise in the
matters described in paragraphs (1) through (5) of subsection
(b) composed, as appropriate, of representatives of Federal
agencies, institutions of higher education, nongovernmental
organizations, State organizations, industry, and
international geoscience organizations to review the
methodology and comments received under paragraph (1); and
(3) on completion of the review under paragraph (2),
publish in the Federal Register the revised final
methodology.
(e) Periodic Updates.--The methodology developed under this
section shall be updated periodically (including at least
once every 5 years) to incorporate new data as the data
becomes available.
(f) National Assessment.--
(1) In general.--Not later than 2 years after the date of
publication of the methodology under subsection (d)(1), the
Secretary, in consultation with the Secretary of Energy and
State geological surveys, shall complete a national
assessment of capacity for carbon dioxide in accordance with
the methodology.
(2) Geological verification.--As part of the assessment
under this subsection, the Secretary shall carry out a
drilling program to supplement the geological data relevant
to determining storage capacity of carbon dioxide in
geological storage formations, including--
(A) well log data;
(B) core data; and
(C) fluid sample data.
(3) Partnership with other drilling programs.--As part of
the drilling program under paragraph (2), the Secretary shall
enter, as appropriate, into partnerships with other entities
to collect and integrate data from other drilling programs
relevant to the storage of carbon dioxide in geologic
formations.
(4) Incorporation into natcarb.--
(A) In general.--On completion of the assessment, the
Secretary of Energy shall incorporate the results of the
assessment using the NatCarb database, to the maximum extent
practicable.
(B) Ranking.--The database shall include the data necessary
to rank potential storage sites for capacity and risk, across
the United States, within each State, by formation, and
within each basin.
(5) Report.--Not later than 180 days after the date on
which the assessment is completed, the Secretary shall submit
to the Committee on Energy and Natural Resources of the
Senate and the Committee on Science and Technology of the
House of Representatives a report describing the findings
under the assessment.
(6) Periodic updates.--The national assessment developed
under this section shall be updated periodically (including
at least once every 5 years) to support public and private
sector decisionmaking.
[[Page S6292]]
(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $30,000,000 for
the period of fiscal years 2008 through 2012.
SEC. 304. CARBON CAPTURE AND STORAGE INITIATIVE.
(a) Definitions.--In this section:
(1) Industrial sources of carbon dioxide.--The term
``industrial sources of carbon dioxide'' means one or more
facilities to--
(A) generate electric energy from fossil fuels;
(B) refine petroleum;
(C) manufacture iron or steel;
(D) manufacture cement or cement clinker;
(E) manufacture commodity chemicals (including from coal
gasification); or
(F) manufacture transportation fuels from coal.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Program Establishment.--
(1) In general.--The Secretary shall carry out a program to
demonstrate technologies for the large-scale capture of
carbon dioxide from industrial sources of carbon dioxide.
(2) Scope of award.--An award under this section shall be
only for the portion of the project that carries out the
large-scale capture (including purification and compression)
of carbon dioxide, as well as the cost of transportation and
injection of carbon dioxide.
(3) Qualifications for award.--To be eligible for an award
under this section, a project proposal must include the
following:
(A) Capacity.--The capture of not less than eighty-five
percent of the produced carbon dioxide at the facility, and
not less than 500,000 short tons of carbon dioxide per year.
(B) Storage agreement.--A binding agreement for the storage
of all of the captured carbon dioxide in--
(i) a field testing validation activity under section 963
of the Energy Policy Act of 2005, as amended by this Act; or
(ii) other geological storage projects approved by the
Secretary.
(C) Purity level.--A purity level of at least 95 percent
for the captured carbon dioxide delivered for storage.
(D) Commitment to continued operation of successful unit.--
If the project successfully demonstrates capture and storage
of carbon dioxide, a commitment to continued capture and
storage of carbon dioxide after the conclusion of the
demonstration.
(4) Cost-sharing.--The cost-sharing requirements of section
988 of the Energy Policy Act of 2005 shall apply to this
section.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$100,000,000 per year for fiscal years 2009 through 2013.
TITLE IV--PUBLIC BUILDINGS COST REDUCTION
SEC. 401. SHORT TITLE.
This title may be cited as the ``Public Buildings Cost
Reduction Act of 2007''.
SEC. 402. COST-EFFECTIVE TECHNOLOGY ACCELERATION PROGRAM.
(a) Establishment.--
(1) In general.--The Administrator of General Services
(referred to in this section as the ``Administrator'') shall
establish a program to accelerate the use of more cost-
effective technologies and practices at GSA facilities.
(2) Requirements.--The program established under this
subsection shall--
(A) ensure centralized responsibility for the coordination
of cost reduction recommendations, practices, and activities
of all relevant Federal agencies;
(B) provide technical assistance and operational guidance
to applicable tenants in order to achieve the goals
identified in subsection (c)(2)(A); and
(C) establish methods to track the success of departments
and agencies with respect to the goals identified in
subsection (c)(2)(A).
(b) Accelerated Use of Cost-Effective Lighting
Technologies.--
(1) Review.--
(A) In general.--As part of the program under this
subsection, not later than 90 days after the date of
enactment of this Act, the Administrator shall conduct a
review of--
(i) current use of cost-effective lighting technologies in
GSA facilities; and
(ii) the availability to managers of GSA facilities of
cost-effective lighting technologies.
(B) Requirements.--The review under subparagraph (A)
shall--
(i) examine the use of cost-effective lighting technologies
and other cost-effective technologies and practices by
Federal agencies in GSA facilities; and
(ii) identify, in consultation with the Environmental
Protection Agency, cost-effective lighting technology
standards that could be used for all types of GSA facilities.
(2) Replacement.--
(A) In general.--As part of the program under this
subsection, not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a
cost-effective lighting technology acceleration program to
achieve maximum feasible replacement of existing lighting
technologies with more cost-effective lighting technologies
in each GSA facility using available appropriations.
(B) Acceleration plan timetable.--
(i) In general.--To implement the program established under
subparagraph (A), not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a
timetable including milestones for specific activities needed
to replace existing lighting technologies with more cost-
effective lighting technologies, to the maximum extent
feasible (including at the maximum rate feasible), at each
GSA facility.
(ii) Goal.--The goal of the timetable under clause (i)
shall be to complete, using available appropriations, maximum
feasible replacement of existing lighting technologies with
more cost-effective lighting technologies by not later than
the date that is 5 years after the date of enactment of this
Act.
(c) GSA Facility Cost-Effective Technologies and
Practices.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the
Administrator shall--
(1) ensure that a manager responsible for accelerating the
use of cost-effective technologies and practices is
designated for each GSA facility; and
(2) submit to Congress a plan, to be implemented to the
maximum extent feasible (including at the maximum rate
feasible) using available appropriations, by not later than
the date that is 5 years after the date of enactment of this
Act, that--
(A) identifies the specific activities needed to achieve a
20-percent reduction in operational costs through the
application of cost-effective technologies and practices from
2003 levels at GSA facilities by not later than 5 years after
the date of enactment of this Act;
(B) describes activities required and carried out to
estimate the funds necessary to achieve the reduction
described in subparagraph (A);
(C) describes the status of the implementation of cost-
effective technologies and practices at GSA facilities,
including--
(i) the extent to which programs, including the program
established under subsection (b), are being carried out in
accordance with this title; and
(ii) the status of funding requests and appropriations for
those programs;
(D) identifies within the planning, budgeting, and
construction process all types of GSA facility-related
procedures that inhibit new and existing GSA facilities from
implementing cost-effective technologies and practices;
(E) recommends language for uniform standards for use by
Federal agencies in implementing cost-effective technologies
and practices;
(F) in coordination with the Office of Management and
Budget, reviews the budget process for capital programs with
respect to alternatives for--
(i) permitting Federal agencies to retain all identified
savings accrued as a result of the use of cost-effective
technologies and practices; and
(ii) identifying short- and long-term cost savings that
accrue from cost-effective technologies and practices;
(G) achieves cost savings through the application of cost-
effective technologies and practices sufficient to pay the
incremental additional costs of installing the cost-effective
technologies and practices by not later than the date that is
5 years after the date of installation; and
(H) includes recommendations to address each of the
matters, and a plan for implementation of each
recommendation, described in subparagraphs (A) through (G).
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section, to remain available until expended.
SEC. 403. ENVIRONMENTAL PROTECTION AGENCY DEMONSTRATION GRANT
PROGRAM FOR LOCAL GOVERNMENTS.
(a) Grant Program.--
(1) In general.--The Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator'') shall establish a demonstration program
under which the Administrator shall provide competitive
grants to assist local governments (such as municipalities
and counties), with respect to local government buildings--
(A) to deploy cost-effective technologies and practices;
and
(B) to achieve operational cost savings, through the
application of cost-effective technologies and practices, as
verified by the Administrator.
(2) Cost sharing.--
(A) In general.--The Federal share of the cost of an
activity carried out using a grant provided under this
section shall be 40 percent.
(B) Waiver of non-federal share.--The Administrator may
waive up to 100 percent of the local share of the cost of any
grant under this section should the Administrator determine
that the community is economically distressed, pursuant to
objective economic criteria established by the Administrator
in published guidelines.
(3) Maximum amount.--The amount of a grant provided under
this subsection shall not exceed $1,000,000.
(b) Guidelines.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall issue
guidelines to implement the grant program established under
subsection (a).
(2) Requirements.--The guidelines under paragraph (1) shall
establish--
(A) standards for monitoring and verification of
operational cost savings through the application of cost-
effective technologies and practices reported by grantees
under this section;
[[Page S6293]]
(B) standards for grantees to implement training programs,
and to provide technical assistance and education, relating
to the retrofit of buildings using cost-effective
technologies and practices; and
(C) a requirement that each local government that receives
a grant under this section shall achieve facility-wide cost
savings, through renovation of existing local government
buildings using cost-effective technologies and practices, of
at least 40 percent as compared to the baseline operational
costs of the buildings before the renovation (as calculated
assuming a 3-year, weather-normalized average).
(c) Compliance With State and Local Law.--Nothing in this
section or any program carried out using a grant provided
under this section supersedes or otherwise affects any State
or local law, to the extent that the State or local law
contains a requirement that is more stringent than the
relevant requirement of this section.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
each of fiscal years 2007 through 2012.
(e) Reports.--
(1) In general.--The Administrator shall provide annual
reports to Congress on cost savings achieved and actions
taken and recommendations made under this section, and any
recommendations for further action.
(2) Final report.--The Administrator shall issue a final
report at the conclusion of the program, including findings,
a summary of total cost savings achieved, and recommendations
for further action.
(f) Termination.--The program under this section shall
terminate on September 30, 2012.
SEC. 404. DEFINITIONS.
In this title:
(1) Cost-effective lighting technology.--
(A) In general.--The term ``cost-effective lighting
technology'' means a lighting technology that--
(i) will result in substantial operational cost savings by
ensuring an installed consumption of not more than 1 watt per
square foot; or
(ii) is contained in a list under--
(I) section 553 of Public Law 95-619 (42 U.S.C. 8259b); and
(II) Federal acquisition regulation 23-203.
(B) Inclusions.--The term ``cost-effective lighting
technology'' includes--
(i) lamps;
(ii) ballasts;
(iii) luminaires;
(iv) lighting controls;
(v) daylighting; and
(vi) early use of other highly cost-effective lighting
technologies.
(2) Cost-effective technologies and practices.--The term
``cost-effective technologies and practices'' means a
technology or practice that--
(A) will result in substantial operational cost savings by
reducing utility costs; and
(B) complies with the provisions of section 553 of Public
Law 95-619 (42 U.S.C. 8259b) and Federal acquisition
regulation 23-203.
(3) Operational cost savings.--
(A) In general.--The term ``operational cost savings''
means a reduction in end-use operational costs through the
application of cost-effective technologies and practices,
including a reduction in electricity consumption relative to
consumption by the same customer or at the same facility in a
given year, as defined in guidelines promulgated by the
Administrator pursuant to section 403(b), that achieves cost
savings sufficient to pay the incremental additional costs of
using cost-effective technologies and practices by not later
than the date that is 5 years after the date of installation.
(B) Inclusions.--The term ``operational cost savings''
includes savings achieved at a facility as a result of--
(i) the installation or use of cost-effective technologies
and practices; or
(ii) the planting of vegetation that shades the facility
and reduces the heating, cooling, or lighting needs of the
facility.
(C) Exclusion.--The term ``operational cost savings'' does
not include savings from measures that would likely be
adopted in the absence of cost-effective technology and
practices programs, as determined by the Administrator.
(4) GSA facility.--
(A) In general.--The term ``GSA facility'' means any
building, structure, or facility, in whole or in part
(including the associated 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)).
TITLE V--CORPORATE AVERAGE FUEL ECONOMY STANDARDS
SEC. 501. SHORT TITLE.
This title may be cited as the ``Ten-in-Ten Fuel Economy
Act''.
SEC. 502. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES,
MEDIUM-DUTY TRUCKS, AND HEAVY DUTY TRUCKS.
(a) Increased Standards.--Section 32902 of title 49, United
States Code, is amended--
(1) by striking ``Non-Passenger Automobiles.--'' in
subsection (a) and inserting ``Prescription of Standards by
Regulation.--'';
(2) by striking ``automobiles (except passenger
automobiles)'' in subsection (a) and inserting ``automobiles,
medium-duty trucks, and heavy-duty trucks''; and
(3) by striking subsection (b) and inserting the following:
``(b) Standards for Automobiles, Medium-Duty Trucks, and
Heavy-Duty Trucks.--
``(1) In general.--The Secretary of Transportation, after
consultation with the Administrator of the Environmental
Protection Agency, shall prescribe average fuel economy
standards for automobiles, medium-duty trucks, and heavy-duty
trucks manufactured by a manufacturer in each model year
beginning with model year 2011 in accordance with subsection
(c).
``(2) Annual increases in fuel economy standards.--
``(A) Baseline average fuel economy standards for medium-
and heavy-duty trucks.--For the first 2 model years beginning
after the submission to Congress of the initial report by the
National Academy of Sciences required by section 510 of the
Ten-in-Ten Fuel Economy Act, the average fuel economy
required to be attained for each attribute class of medium-
duty trucks and heavy-duty trucks shall be the average
combined highway and city miles-per-gallon performance of all
vehicles within that class in the model year immediately
preceding the first of those 2 model years (rounded to the
nearest \1/10\ mile per gallon).
``(B) Medium- and heavy-duty truck fuel economy average
after baseline model year.--For each model year beginning
after the 2 model years specified in subparagraph (A), the
average fuel economy required to be attained by the fleet of
medium-duty trucks and heavy-duty trucks manufactured in the
United States shall be at least 4 percent greater than the
average fuel economy required to be attained for the fleet in
the previous model year (rounded to the nearest \1/10\ mile
per gallon). Standards shall be issued for medium-duty trucks
and heavy-duty trucks for 20 model years.
``(3) Fuel economy target for automobiles.--
``(A) Baseline average fuel economy standards for
automobiles.--The Secretary shall prescribe average fuel
economy standards for automobiles in each model year
beginning with model year 2011 to achieve a combined fuel
economy standard for model year 2020 of at least 35 miles per
gallon for the fleet of automobiles manufactured or sold in
the United States. The average fuel economy standards
prescribed by the Secretary shall be the maximum feasible
average fuel economy standards for model years 2011 through
2019.
``(B) Automobile fuel economy average for model years 2021
through 2030.--For model years 2021 through 2030, the average
fuel economy required to be attained by the fleet of
automobiles manufactured or sold in the United States shall
be at least 4 percent greater than the average fuel economy
standard required to be attained for the fleet in the
previous model year (rounded to the nearest \1/10\ mile per
gallon).''.
(b) Authority of Secretary.--Section 32902 of title 49,
United States Code, is amended by adding at the end thereof
the following:
``(k) Authority of the Secretary.--
``(1) Vehicle attributes.--The authority of the Secretary
to prescribe by regulation average fuel economy standards for
automobiles, medium-duty trucks, and heavy-duty trucks under
this section includes the authority--
``(A) to prescribe standards based on vehicle attributes
and to express the standards in the form of a mathematical
function; and
``(B) to issue regulations under this title prescribing
average fuel economy standards for 1 or more model years.
``(2) Prohibition of uniform percentage increase.--When the
Secretary prescribes a standard, or prescribes an amendment
under this section that changes a standard, the standard may
not be expressed as a uniform percentage increase from the
fuel-economy performance of attribute classes or categories
already achieved in a model year by a manufacturer.''.
SEC. 503. AMENDING FUEL ECONOMY STANDARDS.
(a) In General.--Section 32902(c) of title 49, United
States Code, is amended to read as follows:
``(c) Amending Fuel Economy Standards.--
``(1) In general.--Notwithstanding subsections (a) and (b),
the Secretary of Transportation--
``(A) may prescribe a standard higher than that required
under subsection (b); or
``(B) may prescribe an average fuel economy standard for a
class of automobiles, medium-duty trucks, or heavy-duty
trucks that is the maximum feasible level for the model
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year, despite being lower than the standard required under
subsection (b), if the Secretary, based on clear and
convincing evidence, that the average fuel economy standard
prescribed in accordance with subsections (a) and (b) for
that class of vehicles in that model year is shown not to be
cost-effective.
``(2) Requirements for lower standard.--Before adopting an
average fuel economy standard for a class of automobiles,
medium-duty trucks, or heavy-duty trucks in a model year
under paragraph (1)(B), the Secretary of Transportation shall
do the following:
``(A) Notice of proposed rule.--Except for standards to be
promulgated by 2011, at least 30 months before the model year
for which the standard is to apply, the Secretary shall post
a notice of proposed rulemaking for the proposed standard.
The notice shall include a detailed analysis of the basis for
the Secretary's determination under paragraph (1)(B).
``(B) Final rule.--At least 18 months before the model year
for which the standard is to apply, the Secretary shall
promulgate a final rule establishing the standard.
``(C) Report.--The Secretary shall submit a report to
Congress that outlines the steps that need to be taken to
avoid further reductions in average fuel economy standards.
``(3) Maximum feasible standard.--An average fuel economy
standard prescribed for a class of automobiles, medium-duty
trucks, or heavy-duty trucks in a model year under paragraph
(1) shall be the maximum feasible standard.''.
(b) Feasibility Criteria.--Section 32902(f) of title 49,
United States Code, is amended to read as follows:
``(f) Decisions on Maximum Feasible Average Fuel Economy.--
``(1) In general.--When deciding maximum feasible average
fuel economy under this section, the Secretary shall
consider--
``(A) economic practicability;
``(B) the effect of other motor vehicle standards of the
Government on fuel economy;
``(C) environmental impacts; and
``(D) the need of the United States to conserve energy.
``(2) Limitations.--In setting any standard under
subsection (b), (c), or (d), the Secretary shall ensure that
each standard is the highest standard that--
``(A) is technologically achievable;
``(B) can be achieved without materially reducing the
overall safety of automobiles, medium-duty trucks, and heavy-
duty trucks manufactured or sold in the United States;
``(C) is not less than the standard for that class of
vehicles from any prior year; and
``(D) is cost-effective.
``(3) Determining cost-effectiveness.--
``(A) In general.--In determining cost effectiveness under
paragraph (2)(D), the Secretary shall take into account the
total value to the United States of reduced fuel use,
including the monetary value of the reduced fuel use over the
life of the vehicle.
``(B) Additional factors for consideration by secretary.--
The Secretary shall consider in the analysis the following
factors:
``(i) Economic security.
``(ii) The impact of the oil or energy intensity of the
United States economy on the sensitivity of the economy to
oil and other fuel price changes, including the magnitude of
gross domestic product losses in response to short term price
shocks or long term price increases.
``(iii) National security, including the impact of United
States payments for oil and other fuel imports on political,
economic, and military developments in unstable or unfriendly
oil-exporting countries.
``(iv) The uninternalized costs of pipeline and storage oil
seepage, and for risk of oil spills from production,
handling, and transport, and related landscape damage.
``(v) The emissions of pollutants including greenhouse
gases over the lifecycle of the fuel and the resulting costs
to human health, the economy, and the environment.
``(vi) Such additional factors as the Secretary deems
relevant.
``(4) Minimum valuation.--When considering the value to
consumers of a gallon of gasoline saved, the Secretary of
Transportation shall use as a minimum value the value of the
gasoline prices projected by the Energy Information
Administration for the period covered by the standard
beginning in the year following the year in which the
standards are established.
``(5) Cost-effective defined.--In this subsection, the term
`cost-effective' means that the total value to the United
States of reduced fuel use from a proposed fuel economy
standard is greater than or equal to the total cost to the
United States of such standard. Notwithstanding this
definition, the Secretary shall not base the level of any
standard on any technology whose cost to the United States is
substantially more than the value to the United States of the
reduction in fuel use attributable to that technology.''.
(c) Consultation Requirement.--Section 32902(i) of title
49, United States Code, is amended by inserting ``and the
Administrator of the Environmental Protection Agency'' after
``Energy''.
(d) Comments.--Section 32902(j) of title 49, United States
Code, is amended--
(1) by striking paragraph (1) and inserting:
``(1) Before issuing a notice proposing to prescribe or
amend an average fuel economy standard under subsection (b),
(c), or (g) of this section, the Secretary of Transportation
shall give the Secretary of Energy and Administrator of the
Environmental Protection Agency at least 10 days after the
receipt of the notice during which the Secretary of Energy
and Administrator may, if the Secretary of Energy or
Administrator concludes that the proposed standard would
adversely affect the conservation goals of the Secretary of
Energy or environmental protection goals of the
Administrator, provide written comments to the Secretary of
Transportation about the impact of the standard on those
goals. To the extent the Secretary of Transportation does not
revise a proposed standard to take into account comments of
the Secretary of Energy or Administrator on any adverse
impact of the standard, the Secretary of Transportation shall
include those comments in the notice.''; and
(2) by inserting ``and the Administrator'' after ``Energy''
each place it appears in paragraph (2).
(e) Technical and Conforming Amendments.--
(1) Section 32902(d) of title 49, United States Code, is
amended by striking ``passenger'' each place it appears.
(2) Section 32902(g) of title 49, United States Code, is
amended--
(A) by striking ``subsection (a) or (d)'' each place it
appears in paragraph (1) and inserting ``subsection (b), (c),
or (d)''; and
(B) striking ``(and submit the amendment to Congress when
required under subsection (c)(2) of this section)'' in
paragraph (2).
SEC. 504. DEFINITIONS.
(a) In General.--Section 32901(a) of title 49, United
States Code, is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) except as provided in section 32908 of this title,
`automobile' means a 4-wheeled vehicle that is propelled by
fuel, or by alternative fuel, manufactured primarily for use
on public streets, roads, and highways (except a vehicle
operated only on a rail line), and rated at not more than
10,000 pounds gross vehicle weight.'';
(2) by inserting after paragraph (10) the following:
``(10) `heavy-duty truck' means a truck (as defined in
section 30127) with a gross vehicle weight in excess of
26,000 pounds.'';
(3) by inserting after paragraph (13) the following:
``(13) `medium-duty truck' means a truck (as defined in
section 30127) with a gross vehicle weight of at least 10,000
pounds but not more than 26,000 pounds.''; and
(4) by striking paragraph (16).
(b) Deadline for Regulations.--The Secretary of
Transportation--
(1) shall issue proposed regulations implementing the
amendments made by subsection (a) not later than 1 year after
the date of the enactment of this Act; and
(2) shall issue final regulations implementing the
amendments not later than 18 months after the date of the
enactment of this Act.
(c) Effective Date.--Regulations prescribed under
subsection (b) shall apply beginning with model year 2010.
SEC. 505. ENSURING SAFETY OF AUTOMOBILES.
(a) In General.--The Secretary of Transportation shall
exercise such authority under Federal law as the Secretary
may have to ensure that automobiles (as defined in section
32901 of title 49, United States Code) are safe.
(b) Vehicle Safety.--Subchapter II of chapter 301 of title
49, United States Code, is amended by adding at the end the
following:
``Sec. 30129. Vehicle compatibility and aggressivity
reduction standard
``(a) Standards.--The Secretary of Transportation shall
issue a motor vehicle safety standard to reduce automobile
incompatibility and aggressivity. The standard shall address
characteristics necessary to ensure better management of
crash forces in multiple vehicle frontal and side impact
crashes between different types, sizes, and weights of
automobiles with a gross vehicle weight of 10,000 pounds or
less in order to decrease occupant deaths and injuries.
``(b) Consumer Information.--The Secretary shall develop
and implement a public information side and frontal
compatibility crash test program with vehicle ratings based
on risks to occupants, risks to other motorists, and combined
risks by vehicle make and model.''.
(c) Rulemaking Deadlines.--
(1) Rulemaking.--The Secretary of Transportation shall
issue--
(A) a notice of a proposed rulemaking under section 30129
of title 49, United States Code, not later than January 1,
2010; and
(B) a final rule under such section not later than December
31, 2012.
(2) Effective date of requirements.--Any requirement
imposed under the final rule issued under paragraph (1) shall
become fully effective not later than September 1, 2013.
(d) Conforming Amendment.--The chapter analysis for chapter
301 is amended by inserting after the item relating to
section 30128 the following:
``30129. Vehicle compatibility and aggressivity reduction standard''.
SEC. 506. CREDIT TRADING PROGRAM.
Section 32903 of title 49, United States Code, is amended--
(1) by striking ``passenger'' each place it appears;
(2) by striking ``section 32902(b)-(d) of this title'' each
place it appears and inserting ``subsection (a), (c), or (d)
of section 32902'';
[[Page S6295]]
(3) by striking ``3 consecutive model years'' in
subsections (a)(1) and (a)(2) and inserting ``5 consecutive
model years'';
(4) in subsection (a)(2), by striking ``clause (1) of this
subsection,'' and inserting ``paragraph (1)''; and
(5) by striking ``3 model years'' in subsection (b)(2) and
inserting ``5 model years''; and
(6) by striking subsection (e) and inserting the following:
``(e) Credit Trading Among Manufacturers.--The Secretary of
Transportation may establish, by regulation, a corporate
average fuel economy credit trading program to allow
manufacturers whose automobiles exceed the average fuel
economy standards prescribed under section 32902 to earn
credits to be sold to manufacturers whose automobiles fail to
achieve the prescribed standards.''.
SEC. 507. LABELS FOR FUEL ECONOMY AND GREENHOUSE GAS
EMISSIONS.
Section 32908 of title 49, United States Code, is amended--
(1) by redesignating subparagraph (F) of subsection (b)(1)
as subparagraph (H) and inserting after subparagraph (E) the
following:
``(F) a label (or a logo imprinted on a label required by
this paragraph) that--
``(i) reflects an automobile's performance on the basis of
criteria developed by the Administrator to reflect the fuel
economy and greenhouse gas and other emissions consequences
of operating the automobile over its likely useful life;
``(ii) permits consumers to compare performance results
under clause (i) among all automobiles; and
``(iii) is designed to encourage the manufacture and sale
of automobiles that meet or exceed applicable fuel economy
standards under section 32902.
``(G) a fuelstar under paragraph (5).''; and
(2) by adding at the end of subsection (b) the following:
``(4) Green Label Program.--
``(A) Marketing analysis.--Not later than 2 years after the
date of the enactment of the Ten-in-Ten Fuel Economy Act, the
Administrator shall implement a consumer education program
and execute marketing strategies to improve consumer
understanding of automobile performance described in
paragraph (1)(F).
``(B) Eligibility.--Not later than 3 years after the date
described in subparagraph (A), the Administrator shall issue
requirements for the label or logo required under paragraph
(1)(F) to ensure that an automobile is not eligible for the
label or logo unless it--
``(i) meets or exceeds the applicable fuel economy
standard; or
``(ii) will have the lowest greenhouse gas emissions over
the useful life of the vehicle of all vehicles in the vehicle
attribute class to which it belongs in that model year.
``(5) Fuelstar Program.--
``(A) In general.--The Secretary shall establish a program,
to be known as the `Fuelstar Program', under which stars
shall be imprinted on or attached to the label required by
paragraph (1).
``(B) Green stars.--Under the Fuelstar Program, a
manufacturer may include on the label maintained on an
automobile under paragraph (1)--
``(i) 1 green star for any automobile that meets the
average fuel economy standard for the model year under
section 32902; and
``(ii) 1 additional green star for each 2 miles per gallon
by which the automobile exceeds such standard.
``(C) Gold stars.--Under the Fuelstar Program, a
manufacturer may include a gold star on the label maintained
on an automobile under paragraph (1) if the automobile
attains a fuel economy of at least 50 miles per gallon.''.
SEC. 508. CONTINUED APPLICABILITY OF EXISTING STANDARDS.
Nothing in this title, or the amendments made by this
title, shall be construed to affect the application of
section 32902 of title 49, United States Code, to passenger
automobiles or non-passenger automobiles manufactured before
model year 2011.
SEC. 509. NATIONAL ACADEMY OF SCIENCES STUDIES.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary of Transportation shall
execute an agreement with the National Academy of Sciences to
develop a report evaluating vehicle fuel economy standards,
including--
(1) an assessment of automotive technologies and costs to
reflect developments since the Academy's 2002 report
evaluating the corporate average fuel economy standards was
conducted;
(2) an analysis of existing and potential technologies that
may be used practically to improve automobile, medium-duty
truck, or heavy-duty truck fuel economy;
(3) an analysis of how such technologies may be practically
integrated into the automotive, medium-duty truck, or heavy-
duty truck manufacturing process; and
(4) an assessment of how such technologies may be used to
meet the new fuel economy standards under chapter 329 of
title 49, United States Code, as amended by this title.
(b) Quinquennial Updates.--After submitting the initial
report, the Academy shall update the report at 5 year
intervals thereafter through 2025.
(c) Report.--The Academy shall submit the report to the
Secretary, the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Energy and Commerce, with its findings and recommendations no
later than 18 months after the date on which the Secretary
executes the agreement with the Academy.
SEC. 510. STANDARDS FOR EXECUTIVE AGENCY AUTOMOBILES.
(a) In General.--Section 32917 of title 49, United States
Code, is amended to read as follows:
``Sec. 32917. Standards for Executive agency automobiles
``(a) Fuel Efficiency.--The head of an Executive agency
shall ensure that each new automobile procured by the
Executive agency is as fuel efficient as practicable.
``(b) Definitions.--In this section:
``(1) Executive agency.--The term `Executive agency' has
the meaning given that term in section 105 of title 5.
``(2) New automobile.--The term `new automobile', with
respect to the fleet of automobiles of an executive agency,
means an automobile that is leased for at least 60
consecutive days or bought, by or for the Executive agency,
after September 30, 2008. The term does not include any
vehicle designed for combat-related missions, law enforcement
work, or emergency rescue work.''.
(b) Report.--The Administrator of the General Services
Administration shall develop a report describing and
evaluating the efforts of the heads of the Executive agencies
to comply with section 32917 of title 49, United States Code,
for fiscal year 2009. The Administrator shall submit the
report to Congress no later than December 31, 2009.
SEC. 511. ENSURING AVAILABILITY OF FLEXIBLE FUEL AUTOMOBILES.
(a) Amendment.--
(1) In general.--Chapter 329 of title 49, United States
Code, is amended by inserting after section 32902 the
following:
``Sec. 32902A. Requirement to manufacture flexible fuel
automobiles
``(a) In General.--For each model year, each manufacturer
of new automobiles described in subsection (b) shall ensure
that the percentage of such automobiles manufactured in a
particular model year that are flexible fuel vehicles shall
be not less than the percentage set forth for that model year
in the following table:
``If the model yeaThe percentage of flexible fuel automobiles shall be:
2012.........................................................50 percent
2013.........................................................60 percent
2014.........................................................70 percent
2015.........................................................80 percent
``(b) Automobiles to Which Section Applies.--An automobile
is described in this subsection if it--
``(1) is capable of operating on gasoline or diesel fuel;
``(2) is distributed in interstate commerce for sale in the
United States; and
``(3) does not contain certain engines that the Secretary
of Transportation, in consultation with the Administrator of
the Environmental Protection Agency and the Secretary of
Energy, may temporarily exclude from the definition because
it is technologically infeasible for the engines to have
flexible fuel capability at any time during a period that the
Secretaries and the Administrator are engaged in an active
research program with the vehicle manufacturers to develop
that capability for the engines.''.
(2) Definition of flexible fuel automobile.--Section
32901(a) of title 49, United States Code, is amended by
inserting after paragraph (8), the following:
``(8) `flexible fuel automobile' means an automobile
described in paragraph (8)(A).''.
(3) Clerical amendment.--The table of sections for chapter
329 of title 49, United States Code, is amended by inserting
after the item relating to section 32902 the following:
``Sec. 32902A. Requirement to manufacture flexible fuel automobiles''.
(b) Rulemaking.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Transportation
shall issue regulations to carry out the amendments made by
subsection (a).
(2) Hardship exemption.--The regulations issued pursuant to
paragraph (1) shall include a process by which a manufacturer
may be exempted from the requirement under section 32902A(a)
upon demonstrating that such requirement would create a
substantial economic hardship for the manufacturer.
SEC. 512. INCREASING CONSUMER AWARENESS OF FLEXIBLE FUEL
AUTOMOBILES.
Section 32908 of title 49, United States Code, is amended
by adding at the end the following:
``(g) Increasing Consumer Awareness of Flexible Fuel
Automobiles.--(1) The Secretary of Transportation shall
prescribe regulations that require the manufacturer of
automobiles distributed in interstate commerce for sale in
the United States--
``(A) to prominently display a permanent badge or emblem on
the quarter panel or tailgate of each such automobile that
indicates such vehicle is capable of operating on alternative
fuel; and
``(B) to include information in the owner's manual of each
such automobile information that describes--
``(i) the capability of the automobile to operate using
alternative fuel;
[[Page S6296]]
``(ii) the benefits of using alternative fuel, including
the renewable nature, and the environmental benefits of using
alternative fuel; and
``(C) to contain a fuel tank cap that is clearly labeled to
inform consumers that the automobile is capable of operating
on alternative fuel.
``(2) The Secretary of Transportation shall collaborate
with autombile retailers to develop voluntary methods for
providing prospective purchasers of automobiles with
information regarding the benefits of using alternative fuel
in automobiles, including--
``(A) the renewable nature of alternative fuel; and
``(B) the environmental benefits of using alternative
fuel.''.
SEC. 513. PERIODIC REVIEW OF ACCURACY OF FUEL ECONOMY
LABELING PROCEDURES.
Beginning in December, 2009, and not less often than every
5 years thereafter, the Secretary of Transportation, in
consultation with the Administrator of the Environmental
Protection Agency, shall--
(1) reevaluate the fuel economy labeling procedures
described in the final rule published in the Federal Register
on December 27, 2006 (71 Fed. Reg. 77,872; 40 C.F.R. parts 86
and 600) to determine whether changes in the factors used to
establish the labeling procedures warrant a revision of that
process; and
(2) submit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Energy and Commerce that describes the results
of the reevaluation process.
SEC. 514. TIRE FUEL EFFICIENCY CONSUMER INFORMATION.
(a) In General.--Chapter 301 of title 49, United States
Code, is amended by inserting after section 30123 the
following new section:
``Sec. 30123A. Tire fuel efficiency consumer information
``(a) Rulemaking.--
``(1) In general.--Not later than 18 months after the date
of enactment of the Ten-in-Ten Fuel Economy Act, the
Secretary of Transportation shall, after notice and
opportunity for comment, promulgate rules establishing a
national tire fuel efficiency consumer information program
for tires designed for use on motor vehicles to educate
consumers about the effect of tires on automobile fuel
efficiency.
``(2) Items included in rule.--The rulemaking shall
include--
``(A) a national tire fuel efficiency rating system for
motor vehicle tires to assist consumers in making more
educated tire purchasing decisions;
``(B) requirements for providing information to consumers,
including information at the point of sale and other
potential information dissemination methods, including the
Internet;
``(C) specifications for test methods for manufacturers to
use in assessing and rating tires to avoid variation among
test equipment and manufacturers; and
``(D) a national tire maintenance consumer education
program including, information on tire inflation pressure,
alignment, rotation, and tread wear to maximize fuel
efficiency.
``(3) Applicability.--This section shall not apply to tires
excluded from coverage under section 575.104(c)(2) of title
49, Code of Federal Regulations, as in effect on date of
enactment of the Ten-in-Ten Fuel Economy Act.
``(b) Consultation.--The Secretary shall consult with the
Secretary of Energy and the Administrator of the
Environmental Protection Agency on the means of conveying
tire fuel efficiency consumer information.
``(c) Report to Congress.--The Secretary shall conduct
periodic assessments of the rules promulgated under this
section to determine the utility of such rules to consumers,
the level of cooperation by industry, and the contribution to
national goals pertaining to energy consumption. The
Secretary shall transmit periodic reports detailing the
findings of such assessments to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce.
``(d) Tire Marking.--The Secretary shall not require
permanent labeling of any kind on a tire for the purpose of
tire fuel efficiency information.
``(e) Preemption.--When a requirement under this section is
in effect, a State or political subdivision of a State may
adopt or enforce a law or regulation on tire fuel efficiency
consumer information only if the law or regulation is
identical to that requirement. Nothing in this section shall
be construed to preempt a State or political subdivision of a
State from regulating the fuel efficiency of tires not
otherwise preempted under this chapter.''.
(b) Enforcement.--Section 30165(a) of title 49, United
States Code, is amended by adding at the end the following:
``(4) Section 30123a.--Any person who fails to comply with
the national tire fuel efficiency consumer information
program under section 30123A is liable to the United States
Government for a civil penalty of not more than $50,000 for
each violation.''.
(c) Conforming Amendment.--The chapter analysis for chapter
301 of title 49, United States Code, is amended by inserting
after the item relating to section 30123 the folllowing:
``30123A. Tire fuel efficiency consumer information''.
SEC. 515. ADVANCED BATTERY INITIATIVE.
(a) In General.--The Secretary of Transportation shall
establish and carry out an Advanced Battery Initiative in
accordance with this section to support research,
development, demonstration, and commercial application of
battery technologies.
(b) Industry Alliance.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
competitively select an Industry Alliance to represent
participants who are private, for-profit firms headquartered
in the United States, the primary business of which is the
manufacturing of batteries.
(c) Research.--
(1) Grants.--The Secretary shall carry out research
activities of the Initiative through competitively-awarded
grants to--
(A) researchers, including Industry Alliance participants;
(B) small businesses;
(C) National Laboratories; and
(D) institutions of higher education.
(2) Industry alliance.--The Secretary shall annually
solicit from the Industry Alliance--
(A) comments to identify advanced battery technology needs
relevant to electric drive technology;
(B) an assessment of the progress of research activities of
the Initiative; and
(C) assistance in annually updating advanced battery
technology roadmaps.
(d) Availability to the Public.--The information and
roadmaps developed under this section shall be available to
the public.
(e) Preference.--In making awards under this subsection,
the Secretary shall give preference to participants in the
Industry Alliance.
(f) Cost Sharing.--In carrying out this section, the
Secretary shall require cost sharing in accordance with
section 120(b) of title 23, United States Code.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 2008 through 2012.
SEC. 516. BIODIESEL STANDARDS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the President, in consultation with
the Secretary of Transportation, the Secretary of Energy, and
the Administrator of the Environmental Protection
Administration, shall promulgate standards for biodiesel
blend sold or introduced into commerce in the United States.
(b) Definitions.--In this section:
(1) Biodiesel.--
(A) In general.--The term ``biodiesel'' means the monoalkyl
esters of long chain fatty acids derived from plant or animal
matter that meet--
(i) the registration requirements for fuels and fuel
additives established by the Environmental Protection Agency
under section 211 of the Clean Air Act (42 U.S.C. 7545); and
(ii) the requirements of the American Society of Testing
and Materials D6751.
(B) Inclusions.--The term ``biodiesel'' includes esters
described in subparagraph (A) derived from--
(i) animal waste, including poultry fat, poultry waste, and
other waste material; and
(ii) municipal solid waste, sludge, and oil derived from
wastewater or the treatment of wastewater.
(2) Biodiesel blend.--The term ``biodiesel blend'' means a
mixture of biodiesel and diesel fuel, including--
(A) a blend of biodiesel and diesel fuel approximately 5
percent of the content of which is biodiesel (commonly known
as ``B5''); and
(B) a blend of biodiesel and diesel fuel approximately 20
percent of the content of which is biodiesel (commonly known
as ``B20'').
SEC. 517. USE OF CIVIL PENALTIES FOR RESEARCH AND
DEVELOPMENT.
Section 32912 of title 49, United States Code, is amended
by adding at the end thereof the following:
``(e) Use of Civil Penalties.--For fiscal year 2008 and
each fiscal year thereafter, from the total amount deposited
in the general fund of the Treasury during the preceding
fiscal year from fines, penalties, and other funds obtained
through enforcement actions conducted pursuant to this
section (including funds obtained under consent decrees), the
Secretary of the Treasury, subject to the availability of
appropriations, shall--
``(1) transfer 50 percent of such total amount to the
account providing appropriations to the Secretary of
Transportation for the administration of this chapter, which
shall be used by the Secretary to carry out a program of
research and development into fuel saving automotive
technologies and to support rulemaking under this chapter;
and
``(2) transfer 50 percent of such total amount to the
Energy Security Fund established by section 518(a) of the
Ten-in-Ten Fuel Economy Act.
``SEC. 118. ENERGY SECURITY FUND AND ALTERNATIVE FUEL GRANT
PROGRAM.
``(a) Establishment of Fund.--
``(1) In general.--There is established in the Treasury a
fund, to be known as the `Energy Security Fund' (referred to
in this section as the `Fund'), consisting of--
``(A) amounts transferred to the Fund under section
32912(e)(2) of title 49, United States Code; and
``(B) amounts credited to the Fund under paragraph
(2)(C).''
[[Page S6297]]
(1) Investment of amounts.--
(A) In general.--The Secretary of the Treasury shall invest
in interest-bearing obligations of the United States such
portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals.
(B) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the
market price.
(C) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to, and form a part of, the Fund in
accordance with section 9602 of the Internal Revenue Code of
1986.
(2) Use of amounts in fund.--Amounts in the Fund shall be
made available to the Secretary of Energy, subject to the
availability of appropriations, to carry out the grant
program under subsection (b).
(3) Alternative fuels grant program.--Not later than 90
days after the date of enactment of this Act, the Secretary
of Energy, acting through the Clean Cities Program of the
Department of Energy, shall establish and carry out a program
under which the Secretary shall provide grants to expand the
availability to consumers of alternative fuels (as defined in
section 32901(a) of title 49, United States Code).
(4) Eligibility.--
(A) In general.--Except as provided in subparagraph (B),
any entity that is eligible to receive assistance under the
Clean Cities Program shall be eligible to receive a grant
under this subsection.
(B) Exceptions.--
(i) Certain oil companies.--A large, vertically-integrated
oil company shall not be eligible to receive a grant under
this subsection.
(ii) Prohibition of dual benefits.--An entity that receives
any other Federal funds for the construction or expansion of
alternative refueling infrastructure shall not be eligible to
receive a grant under this subsection for the construction or
expansion of the same alternative refueling infrastructure.
(C) Ensuring compliance.--Not later than 30 days after the
date of enactment of this Act, the Secretary of Energy shall
promulgate regulations to ensure that, before receiving a
grant under this subsection, an eligible entity meets
applicable standards relating to the installation,
construction, and expansion of infrastructure necessary to
increase the availability to consumers of alternative fuels
(as defined in section 32901(a) of title 49, United States
Code).
(5) Maximum amount.--
(A) Grants.--The amount of a grant provided under this
subsection shall not exceed $30,000.
(B) Amount per station.--An eligible entity shall receive
not more than $90,000 under this subsection for any station
of the eligible entity during a fiscal year.
(6) Use of funds.--
(A) In general.--A grant provided under this subsection
shall be used for the construction or expansion of
alternative fueling infrastructure.
(B) Administrative expenses.--Not more than 3 percent of
the amount of a grant provided under this subsection shall be
used for administrative expenses.
SEC. 518. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Transportation $25,000,000 for each of fiscal years 2009
through 2021 to carry out the provisions of chapter 329 of
title 49, United States Code.
TITLE VI--PRICE GOUGING
SEC. 601. SHORT TITLE.
This title may be cited as the ``Petroleum Consumer Price
Gouging Protection Act''.
SEC. 602. DEFINITIONS.
In this title:
(1) Affected area.--The term ``affected area'' means an
area covered by a Presidential declaration of energy
emergency.
(2) Supplier.--The term ``supplier'' means any person
engaged in the trade or business of selling or reselling, at
retail or wholesale, or distributing crude oil, gasoline, or
petroleum distillates.
(3) Price gouging.--The term ``price gouging'' means the
charging of an unconscionably excessive price by a supplier
in an affected area.
(4) Unconscionably excessive price.--The term
``unconscionably excessive price'' means a price charged in
an affected area for crude oil, gasoline, or petroleum
distillates that--
(A)(i) represents a gross disparity between the price at
which it was offered for sale in the usual course of the
supplier's business immediately prior to the President's
declaration of an energy emergency;
(ii) grossly exceeds the price at which the same or similar
crude oil, gasoline, or petroleum distillate was readily
obtainable by other purchasers in the affected area; or
(iii) represents an exercise of unfair leverage or
unconscionable means on the part of the supplier, during a
period of declared energy emergency; and
(B) is not attributable to increased wholesale or
operational costs outside the control of the supplier,
incurred in connection with the sale of crude oil, gasoline,
or petroleum distillates.
(5) Commission.--The term ``Commission'' means the Federal
Trade Commission.
SEC. 603. PROHIBITION ON PRICE GOUGING DURING ENERGY
EMERGENCIES.
(a) In General.--During any energy emergency declared by
the President under section 606 of this title, it is unlawful
for any supplier to sell, or offer to sell, crude oil,
gasoline, or petroleum distillates in, or for use in, the
area to which that declaration applies at an unconscionably
excessive price.
(b) Factors Considered.--In determining whether a violation
of subsection (a) has occurred, there shall be taken into
account, among other factors, the price that would reasonably
equate supply and demand in a competitive and freely
functioning market.
SEC. 604. PROHIBITION ON MARKET MANIPULATION.
It is unlawful for any person, directly or indirectly, to
use or employ, in connection with the purchase or sale of
crude oil, gasoline, or petroleum distillates at wholesale,
any manipulative or deceptive device or contrivance, in
contravention of such rules and regulations as the Commission
may prescribe as necessary or appropriate in the public
interest or for the protection of United States citizens.
SEC. 605. PROHIBITION ON FALSE INFORMATION.
(a) In General.--It is unlawful for any person to report
information related to the wholesale price of crude oil,
gasoline, or petroleum distillates to the Commission if--
(1) that person knew, or reasonably should have known, the
information to be false or misleading;
(2) the information was required by law to be reported; and
(3) the person intended the false or misleading data to
affect data compiled by the Commission for statistical or
analytical purposes with respect to the market for crude oil,
gasoline, or petroleum distillates.
SEC. 606. PRESIDENTIAL DECLARATION OF ENERGY EMERGENCY.
(a) In General.--If the President finds that the health,
safety, welfare, or economic well-being of the citizens of
the United States is at risk because of a shortage or
imminent shortage of adequate supplies of crude oil,
gasoline, or petroleum distillates due to a disruption in the
national distribution system for crude oil, gasoline, or
petroleum distillates (including such a shortage related to a
major disaster (as defined in section 102(2) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(2))), or significant pricing anomalies in
national energy markets for crude oil, gasoline, or petroleum
distillates, the President may declare that a Federal energy
emergency exists.
(b) Scope and Duration.--The emergency declaration shall
specify--
(1) the period, not to exceed 30 days, for which the
declaration applies;
(2) the circumstance or condition necessitating the
declaration; and
(3) the area or region to which it applies, which, for the
48 contiguous states may not be limited to a single State.
(c) Extensions.--The President may--
(1) extend a declaration under subsection (a) for a period
of not more than 30 days; and
(2) extend such a declaration more than once.
SEC. 607. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Enforcement.--This title shall be enforced by the
Federal Trade Commission. In enforcing section 603 of this
title, the Commission shall give priority to enforcement
actions concerning companies with total United States
wholesale or retail sales of crude oil, gasoline, and
petroleum distillates in excess of $500,000,000 per year but
shall not exclude enforcement actions against companies with
total United States wholesale sales of $500,000,000 or less
per year.
(b) Violation Is Unfair or Deceptive Act or Practice.--The
violation of any provision of this title shall be treated as
an unfair or deceptive act or practice proscribed under a
rule issued under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)).
(c) Commission Actions.--Following the declaration of an
energy emergency by the President under section 606 of this
title, the Commission shall--
(1) establish within the Commission--
(A) a toll-free hotline that a consumer may call to report
an incident of price gouging in the affected area; and
(B) a program to develop and distribute to the public
informational materials to assist residents of the affected
area in detecting and avoiding price gouging;
(2) consult with the Attorney General, the United States
Attorney for the districts in which a disaster occurred (if
the declaration is related to a major disaster), and State
and local law enforcement officials to determine whether any
supplier in the affected area is charging or has charged an
unconscionably excessive price for crude oil, gasoline, or
petroleum distillates in the affected area; and
(3) conduct an investigation to determine whether any
supplier in the affected area has violated section 603 of
this title, and upon such finding, take any action the
Commission determines to be appropriate to remedy the
violation.
SEC. 608. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
(a) In General.--A State, as parens patriae, may bring a
civil action on behalf of its residents in an appropriate
district court of the United States to enforce the provisions
of section 603 of this title, or to impose the civil
penalties authorized by section 609
[[Page S6298]]
for violations of section 603, whenever the attorney general
of the State has reason to believe that the interests of the
residents of the State have been or are being threatened or
adversely affected by a supplier engaged in the sale or
resale, at retail or wholesale, or distribution of crude oil,
gasoline, or petroleum distillates in violation of section
603 of this title.
(b) Notice.--The State shall serve written notice to the
Commission of any civil action under subsection (a) prior to
initiating the action. The notice shall include a copy of the
complaint to be filed to initiate the civil action, except
that if it is not feasible for the State to provide such
prior notice, the State shall provide such notice immediately
upon instituting the civil action.
(c) Authority to Intervene.--Upon receiving the notice
required by subsection (b), the Commission may intervene in
the civil action and, upon intervening--
(1) may be heard on all matters arising in such civil
action; and
(2) may file petitions for appeal of a decision in such
civil action.
(d) Construction.--For purposes of bringing any civil
action under subsection (a), nothing in this section shall
prevent the attorney general of a State from exercising the
powers conferred on the Attorney General by the laws of such
State to conduct investigations or to administer oaths or
affirmations or to compel the attendance of witnesses or the
production of documentary and other evidence.
(e) Venue; Service of Process.--In a civil action brought
under subsection (a)--
(1) the venue shall be a judicial district in which--
(A) the defendant operates;
(B) the defendant was authorized to do business; or
(C) where the defendant in the civil action is found;
(2) process may be served without regard to the territorial
limits of the district or of the State in which the civil
action is instituted; and
(3) a person who participated with the defendant in an
alleged violation that is being litigated in the civil action
may be joined in the civil action without regard to the
residence of the person.
(f) Limitation on State Action While Federal Action Is
Pending.--If the Commission has instituted a civil action or
an administrative action for violation of this title, a State
attorney general, or official or agency of a State, may not
bring an action under this section during the pendency of
that action against any defendant named in the complaint of
the Commission or the other agency for any violation of this
title alleged in the Commission's civil or administrative
action.
(g) No Preemption.--Nothing contained in this section shall
prohibit an authorized State official from proceeding in
State court to enforce a civil or criminal statute of that
State.
SEC. 609. PENALTIES.
(a) Civil Penalty.--
(1) In general.--In addition to any penalty applicable
under the Federal Trade Commission Act, any supplier--
(A) that violates section 604 or section 605 of this title
is punishable by a civil penalty of not more than $1,000,000;
and
(B) that violates section 603 of this title is punishable
by a civil penalty of--
(i) not more than $500,000, in the case of an independent
small business marketer of gasoline (within the meaning of
section 324(c) of the Clean Air Act (42 U.S.C. 7625(c))); and
(ii) not more than $5,000,000 in the case of any other
supplier.
(2) Method of assessment.--The penalties provided by
paragraph (1) shall be assessed in the same manner as civil
penalties imposed under section 5 of the Federal Trade
Commission Act (15 U.S.C. 45).
(3) Multiple offenses; mitigating factors.--In assessing
the penalty provided by subsection (a)--
(A) each day of a continuing violation shall be considered
a separate violation; and
(B) the Commission shall take into consideration the
seriousness of the violation and the efforts of the person
committing the violation to remedy the harm caused by the
violation in a timely manner.
(b) Criminal Penalty.--Violation of section 603 of this
title is punishable by a fine of not more than $5,000,000,
imprisonment for not more than 5 years, or both.
SEC. 610. EFFECT ON OTHER LAWS.
(a) Other Authority of the Commission.--Nothing in this
title shall be construed to limit or affect in any way the
Commission's authority to bring enforcement actions or take
any other measure under the Federal Trade Commission Act (15
U.S.C. 41 et seq.) or any other provision of law.
(b) State Law.--Nothing in this title preempts any State
law.
TITLE VII--ENERGY DIPLOMACY AND SECURITY
SEC. 701. SHORT TITLE.
This title may be cited as the ``Energy Diplomacy and
Security Act of 2007''.
SEC. 702. DEFINITIONS.
In this title:
(1) Major energy producer.--The term ``major energy
producer'' means a country that--
(A) had crude oil, oil sands, or natural gas to liquids
production of 1,000,000 barrels per day or greater average in
the previous year;
(B) has crude oil, shale oil, or oil sands reserves of
6,000,000,000 barrels or greater, as recognized by the
Department of Energy;
(C) had natural gas production of 30,000,000,000 cubic
meters or greater in the previous year;
(D) has natural gas reserves of 1,250,000,000,000 cubic
meters or greater, as recognized by the Department of Energy;
or
(E) is a direct supplier of natural gas or liquefied
natural gas to the United States.
(2) Major energy consumer.--The term ``major energy
consumer'' means a country that--
(A) had an oil consumption average of 1,000,000 barrels per
day or greater in the previous year;
(B) had an oil consumption growth rate of 8 percent or
greater in the previous year;
(C) had a natural gas consumption of 30,000,000,000 cubic
meters or greater in the previous year; or
(D) had a natural gas consumption growth rate of 15 percent
or greater in the previous year.
SEC. 703. SENSE OF CONGRESS ON ENERGY DIPLOMACY AND SECURITY.
(a) Findings.--Congress makes the following findings:
(1) It is imperative to the national security and
prosperity of the United States to have reliable, affordable,
clean, sufficient, and sustainable sources of energy.
(2) United States dependence on oil imports causes
tremendous costs to the United States national security,
economy, foreign policy, military, and environmental
sustainability.
(3) Energy security is a priority for the governments of
many foreign countries and increasingly plays a central role
in the relations of the United States Government with foreign
governments. Global reserves of oil and natural gas are
concentrated in a small number of countries. Access to these
oil and natural gas supplies depends on the political will of
these producing states. Competition between governments for
access to oil and natural gas reserves can lead to economic,
political, and armed conflict. Oil exporting states have
received dramatically increased revenues due to high global
prices, enhancing the ability of some of these states to act
in a manner threatening to global stability.
(4) Efforts to combat poverty and protect the environment
are hindered by the continued predominance of oil and natural
gas in meeting global energy needs. Development of renewable
energy through sustainable practices will help lead to a
reduction in greenhouse gas emissions and enhance
international development.
(5) Cooperation on energy issues between the United States
Government and the governments of foreign countries is
critical for securing the strategic and economic interests of
the United States and of partner governments. In the current
global energy situation, the energy policies and activities
of the governments of foreign countries can have dramatic
impacts on United States energy security.
(b) Sense of Congress.--It is the sense of Congress that--
(1) United States national security requires that the
United States Government have an energy policy that pursues
the strategic goal of achieving energy security through
access to clean, affordable, sufficient, reliable, and
sustainable sources of energy;
(2) achieving energy security is a priority for United
States foreign policy and requires continued and enhanced
engagement with foreign governments and entities in a variety
of areas, including activities relating to the promotion of
alternative and renewable fuels, trade and investment in oil,
coal, and natural gas, energy efficiency, climate and
environmental protection, data transparency, advanced
scientific research, public-private partnerships, and energy
activities in international development;
(3) the President should ensure that the international
energy activities of the United States Government are given
clear focus to support the national security needs of the
United States, and to this end, there should be established a
mechanism to coordinate the implementation of United States
international energy policy among the Federal agencies
engaged in relevant agreements and activities; and
(4) the Secretary of State should ensure that energy
security is integrated into the core mission of the
Department of State, and to this end, there should be
established within the Office of the Secretary of State a
Coordinator for International Energy Affairs with
responsibility for--
(A) developing United States international energy policy in
coordination with the Department of Energy and other relevant
Federal agencies;
(B) working with appropriate United States Government
officials to develop and update analyses of the national
security implications of global energy developments;
(C) incorporating energy security priorities into the
activities of the Department;
(D) coordinating activities with relevant Federal agencies;
and
(E) coordinating energy security and other relevant
functions currently undertaken by offices within the Bureau
of Economic, Business, and Agricultural Affairs, the Bureau
of Democracy and Global Affairs, and other offices within the
Department of State.
SEC. 704. STRATEGIC ENERGY PARTNERSHIPS.
(a) Findings.--Congress makes the following findings:
[[Page S6299]]
(1) United States Government partnership with foreign
governments and entities, including partnership with the
private sector, for securing reliable and sustainable energy
is imperative to ensuring United States security and economic
interests, promoting international peace and security,
expanding international development, supporting democratic
reform, fostering economic growth, and safeguarding the
environment.
(2) Democracy and freedom should be promoted globally by
partnership with foreign governments, including in particular
governments of emerging democracies such as those of Ukraine
and Georgia, in their efforts to reduce their dependency on
oil and natural gas imports.
(3) The United States Government and the governments of
foreign countries have common needs for adequate, reliable,
affordable, clean, and sustainable energy in order to ensure
national security, economic growth, and high standards of
living in their countries. Cooperation by the United States
Government with foreign governments on meeting energy
security needs is mutually beneficial. United States
Government partnership with foreign governments should
include cooperation with major energy consuming countries,
major energy producing countries, and other governments
seeking to advance global energy security through reliable
and sustainable means.
(4) The United States Government participates in hundreds
of bilateral and multilateral energy agreements and
activities with foreign governments and entities. These
agreements and activities should reflect the strategic need
for energy security.
(b) Statement of Policy.--It is the policy of the United
States--
(1) to advance global energy security through cooperation
with foreign governments and entities;
(2) to promote reliable, diverse, and sustainable sources
of all types of energy;
(3) to increase global availability of renewable and clean
sources of energy;
(4) to decrease global dependence on oil and natural gas
energy sources; and
(5) to engage in energy cooperation to strengthen strategic
partnerships that advance peace, security, and democratic
prosperity.
(c) Authority.--The Secretary of State, in coordination
with the Secretary of Energy, should immediately seek to
establish and expand strategic energy partnerships with the
governments of major energy producers and major energy
consumers, and with governments of other countries (but
excluding any countries that are ineligible to receive United
States economic or military assistance).
(d) Purposes.--The purposes of the strategic energy
partnerships established pursuant to subsection (c) are--
(1) to strengthen global relationships to promote
international peace and security through fostering
cooperation in the energy sector on a mutually beneficial
basis in accordance with respective national energy policies;
(2) to promote the policy set forth in subsection (b),
including activities to advance--
(A) the mutual understanding of each country's energy
needs, priorities, and policies, including interparliamentary
understanding;
(B) measures to respond to acute energy supply disruptions,
particularly in regard to petroleum and natural gas
resources;
(C) long-term reliability and sustainability in energy
supply;
(D) the safeguarding and safe handling of nuclear fuel;
(E) human and environmental protection;
(F) renewable energy production;
(G) access to reliable and affordable energy for
underdeveloped areas, in particular energy access for the
poor;
(H) appropriate commercial cooperation;
(I) information reliability and transparency; and
(J) research and training collaboration;
(3) to advance the national security priority of developing
sustainable and clean energy sources, including through
research and development related to, and deployment of--
(A) renewable electrical energy sources, including biomass,
wind, and solar;
(B) renewable transportation fuels, including biofuels;
(C) clean coal technologies;
(D) carbon sequestration, including in conjunction with
power generation, agriculture, and forestry; and
(E) energy and fuel efficiency, including hybrids and plug-
in hybrids, flexible fuel, advanced composites, hydrogen, and
other transportation technologies; and
(4) to provide strategic focus for current and future
United States Government activities in energy cooperation to
meet the global need for energy security.
(e) Determination of Agendas.--In general, the specific
agenda with respect to a particular strategic energy
partnership, and the Federal agencies designated to implement
related activities, shall be determined by the Secretary of
State and the Secretary of Energy.
(f) Use of Current Agreements To Establish Partnerships.--
Some or all of the purposes of the strategic energy
partnerships established under subsection (c) may be pursued
through existing bilateral or multilateral agreements and
activities. Such agreements and activities shall be subject
to the reporting requirements in subsection (g).
(g) Reports Required.--
(1) Initial progress report.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of State
shall submit to the appropriate congressional committees a
report on progress made in developing the strategic energy
partnerships authorized under this section.
(2) Annual progress reports.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter for 20
years, the Secretary of State shall submit to the appropriate
congressional committees an annual report on agreements
entered into and activities undertaken pursuant to this
section, including international environment activities.
(B) Content.--Each report submitted under this paragraph
shall include details on--
(i) agreements and activities pursued by the United States
Government with foreign governments and entities, the
implementation plans for such agreements and progress
measurement benchmarks, United States Government resources
used in pursuit of such agreements and activities, and
legislative changes recommended for improved partnership; and
(ii) polices and actions in the energy sector of
partnership countries pertinent to United States economic,
security, and environmental interests.
SEC. 705. INTERNATIONAL ENERGY CRISIS RESPONSE MECHANISMS.
(a) Findings.--Congress makes the following findings:
(1) Cooperation between the United States Government and
governments of other countries during energy crises promotes
the national security of the United States.
(2) The participation of the United States in the
International Energy Program established under the Agreement
on an International Energy Program, done at Paris November
18, 1974 (27 UST 1685), including in the coordination of
national strategic petroleum reserves, is a national security
asset that--
(A) protects the consumers and the economy of the United
States in the event of a major disruption in petroleum
supply;
(B) maximizes the effectiveness of the United States
strategic petroleum reserve through cooperation in accessing
global reserves of various petroleum products;
(C) provides market reassurance in countries that are
members of the International Energy Program; and
(D) strengthens United States Government relationships with
members of the International Energy Program.
(3) The International Energy Agency projects that the
largest growth in demand for petroleum products, other than
demand from the United States, will come from China and
India, which are not members of the International Energy
Program. The Governments of China and India vigorously pursue
access to global oil reserves and are attempting to develop
national petroleum reserves. Participation of the Governments
of China and India in an international petroleum reserve
mechanism would promote global energy security, but such
participation should be conditional on the Governments of
China and India abiding by customary petroleum reserve
management practices.
(4) In the Western Hemisphere, only the United States and
Canada are members of the International Energy Program. The
vulnerability of most Western Hemisphere countries to supply
disruptions from political, natural, or terrorism causes may
introduce instability in the hemisphere and can be a source
of conflict, despite the existence of major oil reserves in
the hemisphere.
(5) Countries that are not members of the International
Energy Program and are unable to maintain their own national
strategic reserves are vulnerable to petroleum supply
disruption. Disruption in petroleum supply and spikes in
petroleum costs could devastate the economies of developing
countries and could cause internal or interstate conflict.
(6) The involvement of the United States Government in the
extension of international mechanisms to coordinate strategic
petroleum reserves and the extension of other emergency
preparedness measures should strengthen the current
International Energy Program.
(b) Energy Crisis Response Mechanisms With India and
China.--
(1) Authority.--The Secretary of State, in coordination
with the Secretary of Energy, should immediately seek to
establish a petroleum crisis response mechanism or mechanisms
with the Governments of China and India.
(2) Scope.--The mechanism or mechanisms established under
paragraph (1) should include--
(A) technical assistance in the development and management
of national strategic petroleum reserves;
(B) agreements for coordinating drawdowns of strategic
petroleum reserves with the United States, conditional upon
reserve holdings and management conditions established by the
Secretary of Energy;
(C) emergency demand restraint measures;
(D) fuel switching preparedness and alternative fuel
production capacity; and
(E) ongoing demand intensity reduction programs.
(3) Use of existing agreements to establish mechanism.--The
Secretary may, after consultation with Congress and in
accordance with existing international agreements, including
the International Energy Program,
[[Page S6300]]
include China and India in a petroleum crisis response
mechanism through existing or new agreements.
(c) Energy Crisis Response Mechanism for the Western
Hemisphere.--
(1) Authority.--The Secretary of State, in coordination
with the Secretary of Energy, should immediately seek to
establish a Western Hemisphere energy crisis response
mechanism.
(2) Scope.--The mechanism established under paragraph (1)
should include--
(A) an information sharing and coordinating mechanism in
case of energy supply emergencies;
(B) technical assistance in the development and management
of national strategic petroleum reserves within countries of
the Western Hemisphere;
(C) technical assistance in developing national programs to
meet the requirements of membership in a future international
energy application procedure as described in subsection (d);
(D) emergency demand restraint measures;
(E) energy switching preparedness and alternative energy
production capacity; and
(F) ongoing demand intensity reduction programs.
(3) Membership.--The Secretary should seek to include in
the Western Hemisphere energy crisis response mechanism
membership for each major energy producer and major energy
consumer in the Western Hemisphere and other members of the
Hemisphere Energy Cooperation Forum authorized under section
706.
(d) International Energy Program Application Procedure.--
(1) Authority.--The President should place on the agenda
for discussion at the Governing Board of the International
Energy Agency, as soon as practicable, the merits of
establishing an international energy program application
procedure.
(2) Purpose.--The purpose of such procedure is to allow
countries that are not members of the International Energy
Program to apply to the Governing Board of the International
Energy Agency for allocation of petroleum reserve stocks in
times of emergency on a grant or loan basis. Such countries
should also receive technical assistance for, and be subject
to, conditions requiring development and management of
national programs for energy emergency preparedness,
including demand restraint, fuel switching preparedness, and
development of alternative fuels production capacity.
(e) Reports Required.--
(1) Petroleum reserves.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Energy
shall submit to the appropriate congressional committees a
report that evaluates the options for adapting the United
States national strategic petroleum reserve and the
international petroleum reserve coordinating mechanism in
order to carry out this section.
(2) Crisis response mechanisms.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
State, in coordination with the Secretary of Energy, shall
submit to the appropriate congressional committees a report
on the status of the establishment of the international
petroleum crisis response mechanisms described in subsections
(b) and (c). The report shall include recommendations of the
Secretary of State and the Secretary of Energy for any
legislation necessary to establish or carry out such
mechanisms.
(3) Emergency application procedure.--Not later than 60
days after a discussion by the Governing Board of the
International Energy Agency of the application procedure
described under subsection (d), the President should submit
to Congress a report that describes--
(A) the actions the United States Government has taken
pursuant to such subsection; and
(B) a summary of the debate on the matter before the
Governing Board of the International Energy Agency, including
any decision that has been reached by the Governing Board
with respect to the matter.
SEC. 706. HEMISPHERE ENERGY COOPERATION FORUM.
(a) Findings.--Congress makes the following findings:
(1) The engagement of the United States Government with
governments of countries in the Western Hemisphere is a
strategic priority for reducing the potential for tension
over energy resources, maintaining and expanding reliable
energy supplies, expanding use of renewable energy, and
reducing the detrimental effects of energy import dependence
within the hemisphere. Current energy dialogues should be
expanded and refocused as needed to meet this challenge.
(2) Countries of the Western Hemisphere can most
effectively meet their common needs for energy security and
sustainability through partnership and cooperation.
Cooperation between governments on energy issues will enhance
bilateral relationships among countries of the hemisphere.
The Western Hemisphere is rich in natural resources,
including biomass, oil, natural gas, coal, and has
significant opportunity for production of renewable hydro,
solar, wind, and other energies. Countries of the Western
Hemisphere can provide convenient and reliable markets for
trade in energy goods and services.
(3) Development of sustainable energy alternatives in the
countries of the Western Hemisphere can improve energy
security, balance of trade, and environmental quality and
provide markets for energy technology and agricultural
products. Brazil and the United States have led the world in
the production of ethanol, and deeper cooperation on biofuels
with other countries of the hemisphere would extend economic
and security benefits.
(4) Private sector partnership and investment in all
sources of energy is critical to providing energy security in
the Western Hemisphere.
(b) Hemisphere Energy Cooperation Forum.--
(1) Establishment.--The Secretary of State, in coordination
with the Secretary of Energy, should immediately seek to
establish a regional-based ministerial forum to be known as
the Hemisphere Energy Cooperation Forum.
(2) Purposes.--The Hemisphere Energy Cooperation Forum
should seek--
(A) to strengthen relationships between the United States
and other countries of the Western Hemisphere through
cooperation on energy issues;
(B) to enhance cooperation between major energy producers
and major energy consumers in the Western Hemisphere,
particularly among the governments of Brazil, Canada, Mexico,
the United States, and Venezuela;
(C) to ensure that energy contributes to the economic,
social, and environmental enhancement of the countries of the
Western Hemisphere;
(D) to provide an opportunity for open dialogue and joint
commitments between member governments and with private
industry; and
(E) to provide participating countries the flexibility
necessary to cooperatively address broad challenges posed to
the energy supply of the Western Hemisphere that are
practical in policy terms and politically acceptable.
(3) Activities.--The Hemisphere Energy Cooperation Forum
should implement the following activities:
(A) An Energy Crisis Initiative that will establish
measures to respond to temporary energy supply disruptions,
including through--
(i) strengthening sea-lane and infrastructure security;
(ii) implementing a real-time emergency information sharing
system;
(iii) encouraging members to have emergency mechanisms and
contingency plans in place; and
(iv) establishing a Western Hemisphere energy crisis
response mechanism as authorized under section 705(c).
(B) An Energy Sustainability Initiative to facilitate long-
term supply security through fostering reliable supply
sources of fuels, including development, deployment, and
commercialization of technologies for sustainable renewable
fuels within the region, including activities that--
(i) promote production and trade in sustainable energy,
including energy from biomass;
(ii) facilitate investment, trade, and technology
cooperation in energy infrastructure, petroleum products,
natural gas (including liquefied natural gas), energy
efficiency (including automotive efficiency), clean fossil
energy, renewable energy, and carbon sequestration;
(iii) promote regional infrastructure and market
integration;
(iv) develop effective and stable regulatory frameworks;
(v) develop renewable fuels standards and renewable
portfolio standards;
(vi) establish educational training and exchange programs
between member countries; and
(vii) identify and remove barriers to trade in technology,
services, and commodities.
(C) An Energy for Development Initiative to promote energy
access for underdeveloped areas through energy policy and
infrastructure development, including activities that--
(i) increase access to energy services for the poor;
(ii) improve energy sector market conditions;
(iii) promote rural development though biomass energy
production and use;
(iv) increase transparency of, and participation in, energy
infrastructure projects;
(v) promote development and deployment of technology for
clean and sustainable energy development, including biofuel
and clean coal technologies; and
(vi) facilitate use of carbon sequestration methods in
agriculture and forestry and linking greenhouse gas emissions
reduction programs to international carbon markets.
(c) Hemisphere Energy Industry Group.--
(1) Authority.--The Secretary of State, in coordination
with the Secretary of Commerce and the Secretary of Energy,
should approach the governments of other countries in the
Western Hemisphere to seek cooperation in establishing a
Hemisphere Energy Industry Group, to be coordinated by the
United States Government, involving industry representatives
and government representatives from the Western Hemisphere.
(2) Purpose.--The purpose of the forum should be to
increase public-private partnerships, foster private
investment, and enable countries of the Western Hemisphere to
devise energy agendas compatible with industry capacity and
cognizant of industry goals.
(3) Topics of dialogues.--Topics for the forum should
include--
(A) promotion of a secure investment climate;
[[Page S6301]]
(B) development and deployment of biofuels and other
alternative fuels and clean electrical production facilities,
including clean coal and carbon sequestration;
(C) development and deployment of energy efficient
technologies and practices, including in the industrial,
residential, and transportation sectors;
(D) investment in oil and natural gas production and
distribution;
(E) transparency of energy production and reserves data;
(F) research promotion; and
(G) training and education exchange programs.
(d) Annual Report.--The Secretary of State, in coordination
with the Secretary of Energy, shall submit to the appropriate
congressional committees an annual report on the
implementation of this section, including the strategy and
benchmarks for measurement of progress developed under this
section.
SEC. 707. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term ``appropriate congressional
committees'' means the Committee on Foreign Relations and the
Committee on Energy and Natural Resources of the Senate and
the Committee on Foreign Affairs and the Committee on Energy
and Commerce of the House of Representatives.
______
By Mr. MENENDEZ (for himself and Mr. Lautenberg):
S. 1420. A bill to amend title XIX of the Social Security Act to
require staff working with developmentally disabled individuals to call
emergency services in the event of a life-threatening situation; to the
Committee on Finance.
Mr. MENENDEZ. Mr. President, I rise today with my good friend Senator
Lautenberg to reintroduce Danielle's Act, an important piece of
legislation that I know will save countless lives. I would also like to
recognize Representative Rush Holt, who has championed the bill in the
House and has been a tireless advocate for individuals with
disabilities. This bill is named in memory of a young woman from New
Jersey, Danielle Gruskowski, whose life was cut tragically short by a
failure to call 9-1-1. The great State of New Jersey has already passed
Danielle's Law, and it is time for Congress to act as well.
In order to understand the importance of this legislation, I would
like to share Danielle's story. She was born December 6, 1969, to Diane
and Doug Gruskowski and raised in Carteret, NJ. Danielle was
developmentally disabled and diagnosed with Rett Syndrome, a
neurological disorder that causes a delay or regression in development,
including speech, hand skills, and coordination. While Danielle needed
help with daily activities, she managed to lead a full and active life.
As a young adult, Danielle moved to a group home to experience the
positive benefits of independent living. Tragically, on November 5,
2002, Danielle passed away at the age of 32 because no one in the group
home called 9-1-1 when she was clearly in need of emergency medical
attention.
So that no other mother would lose her child in such a tragic
circumstance, Danielle's mother and her aunt, Robin Turner, developed a
strong coalition of supporters and worked with their State
representatives to develop and pass what we know as Danielle's Law.
Like the New Jersey law, my bill will require staff working with
individuals who have a developmental disability or traumatic brain
injury to call emergency services in the event of a life-threatening
situation. The legislation would raise the standard of care by
improving staff training and ensuring that individuals with
developmental disabilities get emergency care when they need it.
All Americans deserve an advocate, and today I am speaking for those
who often cannot speak for themselves. I am proud to be an advocate for
individuals with disabilities, and I am proud to be an advocate for the
families in New Jersey who are counting on safe, secure, and healthy
independent living environments for their loved ones with disabilities.
I also would like to recognize the hard-working caregivers and staff
who help provide for the needs of those with disabilities. They show
their compassion every day when they show up for work, performing one
of the most difficult but rewarding jobs in our society--caring for
someone's mother, father, son, or daughter. These caregivers play such
a critical role in our society and their contributions are to be
commended. By raising awareness and education about Danielle's Law, my
hope is that more caregivers will realize how important it is to call
9-1-1 for all life-threatening situations and that better training and
support will be provided to staff across the country.
I am reintroducing this legislation to remember Danielle and to make
sure no other family or community experiences the pain and suffering of
losing a loved one to an avoidable death. I hope my colleagues will
join me in supporting this important bill.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1420
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Danielle's Act''.
SEC. 2. REQUIREMENT OF STAFF WORKING WITH DEVELOPMENTALLY
DISABLED INDIVIDUALS TO CALL EMERGENCY SERVICES
IN THE EVENT OF A LIFE-THREATENING SITUATION.
(a) Requirement.--Section 1902(a) of the Social Security
Act (42 U.S.C. 1396a(a)) is amended--
(1) in paragraph (69), by striking ``and'' at the end;
(2) in paragraph (70), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after paragraph (70) the following new
paragraph:
``(71) provide, in accordance with regulations of the
Secretary, that direct care staff providing health-related
services to a individual with a developmental disability or
traumatic brain injury are required to call the 911 emergency
telephone service or equivalent emergency management service
for assistance in the event of a life-threatening emergency
to such individual and to report such call to the appropriate
State agency or department.''.
(b) Effective Date.--The amendments made by subsection (a)
take effect on January 1, 2008.
______
By Mr. AKAKA:
S. 1421. A bill to provide for the maintenance, management, and
availability for research of assets of Air Force Health Study; to the
Committee on Veterans' Affairs.
Mr. AKAKA. Mr. President, today I am introducing legislation intended
to ensure that valuable biological specimens and data from a seminal
Air Force Health Study will be properly maintained and safeguarded for
future research opportunities.
In 1979, the U.S. Air Force began a study that lasted over 20 years
to evaluate the health outcomes of occupational exposure to agent
orange among the men who were members of Operation Ranch Hand during
the Vietnam War. That study is now completed.
During six cycles of examinations--1982, 1985, 1987, 1992, 1997, and
2002--in which 2,758 members of the Air Force participated, data and
specimens were gathered. No other epidemiological data set of Vietnam
veterans contains as detailed information over as long a time period.
Analysis of this data has contributed to a greater understanding of the
long-term health effects of exposure to agent orange. Approximately
$143 million was spent on this study.
An amendment I authored last year, which was included in the 2006
National Defense Authorization Act, resulted in transferring Ranch Hand
Study materials from the Air Force to the Medical Follow-Up Agency of
the Institute of Medicine for preservation and future use. In order to
make the most effective use of this material, the Medical Follow-Up
Agency requires small amounts of funding for several years to ensure
that the specimens and data are properly maintained in a useful format
and made available for further research.
My bill is consistent with the recommendations of the Institute of
Medicine's report on the disposition of the study. I urge my colleagues
to support this legislation.
______
By Mr. LUGAR:
S. 1422. A bill to direct the Secretary of Agriculture to establish a
program to provide to agricultural operators and producers a reserve to
assist in the stabilization of farm income during low-revenue years, to
assist operators and producers to invest in value-added farms, to
promote higher levels of environmental stewardship, and for other
purposes; to the Committee on Finance.
Mr. LUGAR. Mr. President, I rise to introduce the Farm Risk
Management Act for the 21st Century. This bill is a
[[Page S6302]]
blueprint on how to transition away from the farm programs linked to
the Great Depression into a new market driven system. We have also
suggested how Congress could utilize achieved savings to improve our
farm economy, our environment, alleviate hunger, promote renewable
energy, and reduce our Federal deficit.
Current Federal Farm Programs target payments to a relatively narrow
sector of American farmers and provide direct payments regardless of
commodity prices. The bulk of these payments are made to growers of
just 5 crops. Cotton, rice, corn, wheat, and soybean farmers receive
about 85 percent of the annual payments provided by U.S. taxpayers.
Notably, about 70 percent of these payments go to only 10 percent of
our nation's farmers.
The current farm subsidy system is inequitable, inefficient, and
disconnected from the core goal of maintaining a family farm safety
net. It is also self-perpetuating, in that it stimulates over-
production and stagnant prices that produce calls for greater
Government support. I believe that what we need is a true safety net
that would embrace all farmers, avoid incentives to overproduce
commodities when market signals do not exist, and lower costs for
taxpayers.
On my farm in Marion County, IN, we have 604 acres of corn, soybeans,
and trees. This farm currently qualifies and receives direct payments
as well as counter-cyclical and loan deficiency payments when prices
dictate. Under this new plan we would continue to receive these
payments for one year. After that year the farm will receive direct
payments that decline over the next 5 years, and most of those payments
would be deposited in an individual risk management account held in
conjunction with the Secretary of Agriculture at a lending institution
of our choice. We would be able to use funds from this risk management
account to purchase crop or revenue insurance, to invest in enterprises
that add value to the crops we produce, or to cover losses not covered
by crop or revenue insurance compared to the 5 year revenue average of
our operation. This legislation would also provide incentives for
employing environmentally responsible farming techniques and other
conservation practices.
In addition to being a more market oriented approach, the plan also
has the added advantage of saving Federal resources, which will be
invested in conservation activities, domestic and international
nutrition programs, bioenergy research and deployment, and deficit
reduction.
______
By Mr. PRYOR (for himself, Ms. Collins, and Mr. Warner):
S. 1425. A bill to enhance the defense nanotechnology research and
development program; to the Committee on Armed Services.
Mr. PRYOR. Mr. President, I rise today with my colleagues Senator
Collins from Maine and Senator Warner from Virginia to introduce
legislation to strengthen the Department of Defense nanotechnology
initiative. I greatly appreciate their strong leadership on this issue
and their understanding of the importance of how the development of
nanotechnology will impact our armed forces in the future.
This bill, the Defense Nanotechnology Research and Development Act of
2007, sustains the Department's nanotechnology research and development
program while at the same time transitioning the technologies developed
into products that can enhance the United States military capability.
The Department of Defense has done a tremendous job conducting
nanotechnology research and development. Examples of this
nanotechnology research include improved energy absorbing body armor,
lightweight batteries, and novel chemical and biological sensor. I
believe now is the time to start the transition of this research into
new technologies and products to protect our military personnel and
enhance our war fighting capability.
The Department of Defense has a long history of successfully
supporting innovative nanotechnology research efforts for the future
advancement of the war fighter and battle systems. Congress established
the defense nanotechnology research program Section 246 of the Bob
Stump National Defense Authorization Act for fiscal year 2003, Public
Law 107-314, which this bill updates and enhances. Section 246 requires
the Secretary of Defense to carry out a defense nanotechnology research
and development program in coordination with other Federal agencies
performing nanotechnology research and development activities
established by the 21st Century Nanotechnology Research and Development
Act, Public Law 108-153. The investment strategy described in the
National Nanotechnology Initiative, or NNI, Strategic Plan identifies
and defines 7 major subject categories, or program component areas,
relating to areas of investment that are critical to accomplishing the
overall goals of the NNI. The Department of Defense has organized its
nanotechnology research to align with these 7 program component areas
and each year since 2004 has submitted to Congress an annual report on
the nanotechnology programs within the Department of Defense.
This bill requires the Secretary of Defense to act through the Under
Secretary for Acquisition, Technology and Logistics, who shall
supervise the planning, management, and coordination of the program. We
believe this office can best achieve the goals of maintaining a state-
of-the-art research and development program while simultaneously
accomplishing technology transition. The bill directs the Department to
coordinate all nanoscale research and development within the Department
of Defense with other departments and agencies of the United States
that are involved in the NNI and with the National Nanotechnology
Coordination Office, NNCO, including providing appropriate funds to
support the NNCO. The bill also directs the Department to develop a
strategic plan for defense nanotechnology research and development that
integrates with the NNI strategic plan, issue policy guidance each year
to the defense agencies and services that prioritizes the Program's
research initiatives, state a clear strategy for transitioning the
research into products needed by the Department of Defense, and develop
a plan to transition nanoscale research and development within the
Department of Defense, including the Small Business Innovative Research
and Small Business Technology Transfer Research programs, to the
Department of Defense Manufacturing Technology program.
Finally, the bill requires the Department to submit a biennial report
to the congressional defense committees describing the Department's
coordination with the other departments and agencies participating in
the NNI, a review of the findings relating to the Department by the NNI
triennial external review, an assessment of the Department's technology
transition from research to enhanced war fighting capability, an
evaluation of nanotechnology used in foreign defense systems, and an
appraisal of the defense nanotechnology manufacturing and industrial
base. Because there is a need for metrics and goals to ensure that the
Department's nanotechnology program is well structured and successfully
developing needed defense technologies, the bill requires a review by
the Government Accountability Office of the overall Department
nanotechnology program.
Nanotechnology is one of the next great scientific frontiers with the
potential to enable novel applications that can enhance war fighting
and battle system capabilities. I am proud to say that in Arkansas
several universities including the University of Arkansas, the
University of Arkansas at Little Rock, and Arkansas State University
are performing research and technology development in support of the
Department of Defense nanotechnology program. One example of particular
note is the Center for Ferroelectric Electronic-Photonic Nanodevices
that is developing new nanomagnetic devices for high performance
information and communication technology. Our Arkansas small businesses
are also contributing to the defense nanotechnology industrial base by
developing novel nanoscale materials, devices, and products.
I am very excited by the future nanotechnology holds for Arkansas and
the United States. As a member of the Senate Armed Services Committee I
look forward to working to strengthen the Department of Defense
nanotechnology program.
[[Page S6303]]
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1425
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. ENHANCEMENT OF DEFENSE NANOTECHNOLOGY RESEARCH AND
DEVELOPMENT PROGRAM.
(a) Program Purposes.--Subsection (b) of section 246 of the
Bob Stump National Defense Authorization Act for Fiscal Year
2003 (Public Law 107-314; 116 Stat. 2500; 10 U.S.C. 2358
note) is amended--
(1) in paragraph (2), by striking ``in nanoscale research
and development'' and inserting ``in the National
Nanotechnology Initiative and with the National
Nanotechnology Coordination Office under section 3 of the
21st Century Nanotechnology Research and Development Act (15
U.S.C. 7502)''; and
(2) in paragraph (3), by striking ``portfolio of
fundamental and applied nanoscience and engineering research
initiatives'' and inserting ``portfolio of nanotechnology
research and development initiatives''.
(b) Program Administration.--
(1) Administration through under secretary of defense for
acquisition, technology, and logistics.--Subsection (c) of
such section is amended--
(A) by striking ``the Director of Defense Research and
Engineering'' and inserting ``the Under Secretary of Defense
for Acquisition, Technology, and Logistics''; and
(B) by striking ``The Director'' and inserting ``The Under
Secretary''.
(2) Other administrative matters.--Such subsection is
further amended--
(A) in paragraph (2), by striking ``the Department's
increased investment in nanotechnology and the National
Nanotechnology Initiative; and'' and inserting ``investments
by the Department and other departments and agencies
participating in the National Nanotechnology Initiative in
nanotechnology research and development;'';
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(4) oversee interagency coordination of the program with
other departments and agencies participating in the National
Nanotechnology Initiative, including providing appropriate
funds to support the National Nanotechnology Coordination
Office.''.
(c) Program Activities.--Such section is further amended--
(1) by striking subsection (d); and
(2) by adding at the end the following new subsection (d):
``(d) Activities.--Activities under the program shall
include the following:
``(1) The development of a strategic plan for defense
nanotechnology research and development that is integrated
with the strategic plan for the National Nanotechnology
Initiative.
``(2) The issuance on an annual basis of policy guidance to
the military departments and the Defense Agencies that--
``(A) establishes research priorities under the program;
``(B) provides for the determination and documentation of
the benefits to the Department of Defense of research under
the program; and
``(C) sets forth a clear strategy for transitioning the
research into products needed by the Department.
``(3) Advocating for the transition of nanotechnologies in
defense acquisition programs, including the development of
nanomanufacturing capabilities and a nanotechnology defense
industrial base.''.
(d) Reports.--Such section is further amended by adding at
the end the following new subsection:
``(e) Reports.--(1) Not later than March 1 of each of 2009,
2011, and 2013, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall submit to the
congressional defense committees a report on the program.
``(2) Each report under paragraph (1) shall include the
following:
``(A) A review of--
``(i) the long-term challenges and specific technical goals
of the program; and
``(ii) the progress made toward meeting such challenges and
achieving such goals.
``(B) An assessment of current and proposed funding levels
for the program, including an assessment of the adequacy of
such funding levels to support program activities.
``(C) A review of the coordination of activities under the
program within the Department of Defense, with other
departments and agencies of the United States, and with the
National Nanotechnology Initiative.
``(D) A review and analysis of the findings and
recommendations relating to the Department of Defense of the
most recent triennial external review of the National
Nanotechnology Program under section 5 of the 21st Century
Nanotechnology Research and Development Act (15 U.S.C. 1704),
and a description of initiatives of the Department to
implement such recommendations.
``(E) An assessment of technology transition from
nanotechnology research and development to enhanced
warfighting capabilities, including contributions from the
Department of Defense Small Business Innovative Research and
Small Business Technology Transfer Research programs, and the
Department of Defense Manufacturing Technology program, and
an identification of acquisition programs and deployed
defense systems that are incorporating nanotechnologies.
``(F) An assessment of global nanotechnology research and
development in areas of interest to the Department, including
an identification of the use of nanotechnologies in any
foreign defense systems.
``(G) An assessment of the defense nanotechnology
manufacturing and industrial base and its capability to meet
the near and far term requirements of the Department.
``(H) Such recommendations for additional activities under
the program to meet emerging national security requirements
as the Under Secretary considers appropriate.
``(3) Each report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.''.
(e) Comptroller General Report on Program.--Not later than
March 31, 2010, the Comptroller General of the United States
shall submit to the congressional defense committees a report
setting forth the assessment of the Comptroller General of
the progress made by the Department of Defense in achieving
the purposes of the defense nanotechnology research and
development program required by section 246 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (as
amended by this section).
______
By Mrs. CLINTON (for herself, Mrs. Boxer, Ms. Mikulski, Mr.
Lautenberg, Mr. Leahy, Ms. Landrieu, and Mr. Akaka):
S. 1427. A bill to establish the Federal Emergency Management Agency
as an independent agency, and for other purposes; to the Committee on
Homeland Security and Governmental Affairs.
Mrs. CLINTON. Mr. President, today I am introducing legislation to
remove the Federal Emergency Management Agency, FEMA, from the
Department of Homeland Security and restore it as an independent,
cabinet-level agency.
In the days after Hurricanes Katrina and Rita, Americans witnessed
incompetence on the part of FEMA, the Department of Homeland Security,
and the Administration in responding to a catastrophe of this
magnitude. Countless Americans who were left behind were failed by
their government when they needed help the most.
Sadly, the tragedy continues for the more than 80,000 people still
living in trailers and for the cities and towns still struggling to
rebuild. In the years since the catastrophes of Katrina and Rita,
FEMA's failures have continued.
The Inspector General for the Department of Homeland Security found
that FEMA awarded $3.6 billion in contracts to maintain trailers for
hurricane victims to companies with no ties to the Gulf Coast region
and bad paperwork.
In the aftermath of Hurricanes Katrina and Rita, FEMA wasted $1
billion in improper payments to individuals. FEMA spent $900 million on
trailers that could not be used in flood zones. And FEMA paid $1.8
billion for hotel rooms and cruise ship cabins that were more expensive
than apartments.
It was reported recently that more than $40 million worth of
stockpiled food for the 2006 hurricane season spoiled due to FEMA's
lack of preparation.
FEMA also disclosed in recent days that it will not have a new
national response plan ready in time for the start of this year's
hurricane season.
It is past time to restore competence and accountability, and to
reestablish FEMA as an independent agency outside the Department of
Homeland Security.
In the Clinton administration, the head of FEMA reported directly to
the President of the United States and that direct communication meant
the buck stopped with the President, instead of being lost in the
bureaucracy.
The Government Accountability Office says that managing the
transformation of an agency of the size and complexity of the
Department of Homeland Security will likely span a number of years.
Unfortunately with regard to preparing and recovering from a disaster,
we cannot wait years for the Department of Homeland Security to live up
to its intended mission. When the next disaster or catastrophe happens,
we cannot afford to say that we'll be ready next time.
Under my legislation, the Director of FEMA reports directly to the
President
[[Page S6304]]
and would have full authority to coordinate with all agencies and to
take the necessary action to ensure resources and recovery personnel
are deployed quickly in an emergency to impacted areas.
When we created the Department of Homeland Security, in the Homeland
Security Act of 2002, I said then that I was deeply concerned about
moving FEMA under the Department of Homeland Security because when it
operated as an independent agency, especially on September 11 and in
the response thereafter, it was highly-functioning, and well-run.
I remarked then that moving FEMA under the Department of Homeland
Security must not force a highly-functioning and competent agency into
a bureaucracy that will challenge integration and diminish FEMA's
effectiveness in responding to crises of all kinds. Unfortunately, that
seems to be exactly what has happened and that is exactly what we must
fix.
The bureaucracy created by moving FEMA under the Department of
Homeland Security is clearly not working and we must ensure that FEMA
has the ability and the authority to respond to a disaster or
catastrophe. I thank all of my colleagues who have cosponsored this
legislation and I hope that every Senator in this chamber will
cosponsor this legislation.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1427
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Emergency Management
Improvement Act of 2007''.
TITLE I--FEDERAL EMERGENCY MANAGEMENT AGENCY
SEC. 101. DEFINITIONS.
In this title--
(1) the term ``catastrophic incident'' means any natural
disaster, act of terrorism, or other man-made disaster that
results in extraordinary levels of casualties or damage or
disruption severely affecting the population (including mass
evacuations), infrastructure, environment, economy, national
morale, or government functions in an area;
(2) the term ``Director'' means the Director of the Federal
Emergency Management Agency ;
(3) the term ``Federal coordinating officer'' means a
Federal coordinating officer as described in section 302 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5143);
(4) the term ``interoperable'' has the meaning given the
term ``interoperable communications'' under section
7303(g)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(g)(1));
(5) the term ``National Advisory Council'' means the
National Advisory Council established under section 508 of
the Homeland Security Act of 2002;
(6) the term ``National Incident Management System'' means
a system to enable effective, efficient, and collaborative
incident management;
(7) the term ``National Response Plan'' means the National
Response Plan or any successor plan prepared under section
104(b)(6);
(8) the term ``Nuclear Incident Response Team'' means a
resource that includes--
(A) those entities of the Department of Energy that perform
nuclear or radiological emergency support functions
(including accident response, search response, advisory, and
technical operations functions), radiation exposure functions
at the medical assistance facility known as the Radiation
Emergency Assistance Center/Training Site (REAC/TS),
radiological assistance functions, and related functions; and
(B) those entities of the Environmental Protection Agency
that perform such support functions (including radiological
emergency response functions) and related functions; and
(9) the term ``tribal government'' means the government of
any entity described under section 2(10)(B) of the Homeland
Security Act of 2002 (6 U.S.C. 101).
SEC. 102. ESTABLISHMENT OF AGENCY AND DIRECTOR AND DEPUTY
DIRECTOR.
(a) Establishment.--The Federal Emergency Management Agency
is established as an independent establishment in the
executive branch as defined under section 104 of title 5,
United States Code.
(b) Director.--
(1) In general.--The Director of the Federal Emergency
Management Agency shall be the head of the Federal Emergency
Management Agency. The Director shall be appointed by the
President, by and with the advice and consent of the Senate.
The Director shall report directly to the President.
(2) Qualifications.--The Director of the Federal Emergency
Management Agency shall have significant experience,
knowledge, training, and expertise in the area of emergency
preparedness, response, recovery, and mitigation as related
to natural disasters and other national cataclysmic events.
(3) Executive schedule position.--Section 5312 of title 5,
United States Code, is amended by adding at the end the
following:
``Director of the Federal Emergency Management Agency.''.
(4) Principal advisor on emergency management.--
(A) In general.--The Director of the Federal Emergency
Management Agency is the principal advisor to the President,
the Homeland Security Council, and the Secretary of Homeland
Security for all matters relating to emergency management in
the United States.
(B) Advice and recommendations.--
(i) In general.--In presenting advice with respect to any
matter to the President, the Homeland Security Council, or
the Secretary of Homeland Security, the Director of the
Federal Emergency Management Agency shall, as the Director
considers appropriate, inform the President, the Homeland
Security Council, or the Secretary, as the case may be, of
the range of emergency preparedness, protection, response,
recovery, and mitigation options with respect to that matter.
(ii) Advice on request.--The Director of the Federal
Emergency Management Agency, as the principal advisor on
emergency management, shall provide advice to the President,
the Homeland Security Council, or the Secretary of Homeland
Security on a particular matter when the President, the
Homeland Security Council, or the Secretary requests such
advice.
(iii) Recommendations to congress.--After informing the
President, the Director of the Federal Emergency Management
Agency may make such recommendations to Congress relating to
emergency management as the Director considers appropriate.
(5) Cabinet status.--The President shall designate the
Administrator to serve as a member of the Cabinet in the
event of natural disasters, acts of terrorism, or other man-
made disasters.
(c) Deputy Director.--
(1) In general.--The Deputy Director of the Federal
Emergency Management Agency shall assist the Director of the
Federal Emergency Management Agency. The Deputy Director
shall be appointed by the President, by and with the advice
and consent of the Senate.
(2) Qualifications.--The Deputy Director of the Federal
Emergency Management Agency shall have significant
experience, knowledge, training, and expertise in the area of
emergency preparedness, response, recovery, and mitigation as
related to natural disasters and other national cataclysmic
events.
(3) Executive schedule position.--Section 5313 of title 5,
United States Code, is amended--
(A) by striking the following:
``Administrator of the Federal Emergency Management
Agency.''; and
(B) by adding at the end the following:
``Deputy Director of the Federal Emergency Management
Agency.''.
SEC. 103. MISSION.
(a) Primary Mission.--The primary mission of the Federal
Emergency Management Agency is to reduce the loss of life and
property and protect the Nation from all hazards, including
natural disasters, acts of terrorism, and other man-made
disasters, by leading and supporting the Nation in a risk-
based, comprehensive emergency management system of
preparedness, protection, response, recovery, and mitigation.
(b) Specific Activities.--In support of the primary mission
of the Federal Emergency Management Agency, the Director
shall--
(1) lead the Nation's efforts to prepare for, protect
against, respond to, recover from, and mitigate against the
risk of natural disasters, acts of terrorism, and other man-
made disasters, including catastrophic incidents;
(2) partner with State, local, and tribal governments and
emergency response providers, with other Federal agencies,
with the private sector, and with nongovernmental
organizations to build a national system of emergency
management that can effectively and efficiently utilize the
full measure of the Nation's resources to respond to natural
disasters, acts of terrorism, and other man-made disasters,
including catastrophic incidents;
(3) develop a Federal response capability that, when
necessary and appropriate, can act effectively and rapidly to
deliver assistance essential to saving lives or protecting or
preserving property or public health and safety in a natural
disaster, act of terrorism, or other man-made disaster;
(4) integrate the Federal Emergency Management Agency's
emergency preparedness, protection, response, recovery, and
mitigation responsibilities to confront effectively the
challenges of a natural disaster, act of terrorism, or other
man-made disaster;
(5) develop and maintain robust Regional Offices that will
work with State, local, and tribal governments, emergency
response providers, and other appropriate entities to
identify and address regional priorities;
(6) coordinate with the Secretary of Homeland Security, the
Commandant of the Coast Guard, the Director of Customs and
Border Protection, the Director of Immigration and Customs
Enforcement, the National Operations Center, and other
agencies and offices
[[Page S6305]]
in the Department of Homeland Security to take full advantage
of the substantial range of resources in that Department;
(7) provide funding, training, exercises, technical
assistance, planning, and other assistance to build tribal,
local, State, regional, and national capabilities (including
communications capabilities), necessary to respond to a
natural disaster, act of terrorism, or other man-made
disaster; and
(8) develop and coordinate the implementation of a risk-
based, all-hazards strategy for preparedness that builds
those common capabilities necessary to respond to natural
disasters, acts of terrorism, and other man-made disasters
while also building the unique capabilities necessary to
respond to specific types of incidents that pose the greatest
risk to our Nation.
SEC. 104. AUTHORITY AND RESPONSIBILITIES.
(a) In General.--The Director of the Federal Emergency
Management Agency shall provide Federal leadership necessary
to prepare for, protect against, respond to, recover from, or
mitigate against a natural disaster, act of terrorism, or
other man-made disaster, including--
(1) helping to ensure the effectiveness of emergency
response providers to terrorist attacks, major disasters, and
other emergencies;
(2) with respect to the Nuclear Incident Response Team,
regardless of whether it is operating as an organizational
unit of the Department of Homeland Security, and in
consultation with the Secretary of Homeland Security--
(A) establishing standards and certifying when those
standards have been met;
(B) conducting joint and other exercises and training and
evaluating performance; and
(C) providing funds to the Department of Energy and the
Environmental Protection Agency, as appropriate, for homeland
security planning, exercises and training, and equipment;
(3) providing the Federal Government's response to
terrorist attacks and major disasters, including--
(A) managing such response;
(B) directing the Domestic Emergency Support Team, the
National Disaster Medical System, and, in consultation with
the Secretary of Homeland Security, the Nuclear Incident
Response Team (when that team is operating as an
organizational unit of the Department of Homeland Security);
(C) overseeing the Metropolitan Medical Response System;
and
(D) coordinating other Federal response resources,
including requiring deployment of the Strategic National
Stockpile, in the event of a terrorist attack or major
disaster;
(4) aiding the recovery from terrorist attacks and major
disasters;
(5) building a comprehensive national incident management
system with Federal, State, and local government personnel,
agencies, and authorities, to respond to such attacks and
disasters;
(6) consolidating existing Federal Government emergency
response plans into a single, coordinated national response
plan;
(7) helping ensure the acquisition of operable and
interoperable communications capabilities by Federal, State,
local, and tribal governments and emergency response
providers;
(8) assisting the President in carrying out the functions
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) and carrying out all
functions and authorities given to the Director under that
Act;
(9) carrying out the mission of the Federal Emergency
Management Agency to reduce the loss of life and property and
protect the Nation from all hazards by leading and supporting
the Nation in a risk-based, comprehensive emergency
management system of--
(A) mitigation, by taking sustained actions to reduce or
eliminate long-term risks to people and property from hazards
and their effects;
(B) preparedness, by planning, training, and building the
emergency management profession to prepare effectively for,
mitigate against, respond to, and recover from any hazard;
(C) response, by conducting emergency operations to save
lives and property through positioning emergency equipment,
personnel, and supplies, through evacuating potential
victims, through providing food, water, shelter, and medical
care to those in need, and through restoring critical public
services; and
(D) recovery, by rebuilding communities so individuals,
businesses, and governments can function on their own, return
to normal life, and protect against future hazards;
(10) increasing efficiencies, by coordinating efforts
relating to preparedness, protection, response, recovery, and
mitigation;
(11) helping to ensure the effectiveness of emergency
response providers in responding to a natural disaster, act
of terrorism, or other man-made disaster;
(12) supervising grant programs administered by the Federal
Emergency Management Agency;
(13) administering and ensuring the implementation of the
National Response Plan, including coordinating and ensuring
the readiness of each emergency support function under the
National Response Plan;
(14) coordinating with the National Advisory Council
established under section 508 of the Homeland Security Act of
2002;
(15) preparing and implementing the plans and programs of
the Federal Government for--
(A) continuity of operations;
(B) continuity of government; and
(C) continuity of plans;
(16) minimizing, to the extent practicable, overlapping
planning and reporting requirements applicable to State,
local, and tribal governments and the private sector;
(17) maintaining and operating within the Federal Emergency
Management Agency the National Response Coordination Center
or its successor;
(18) developing a national emergency management system that
is capable of preparing for, protecting against, responding
to, recovering from, and mitigating against catastrophic
incidents;
(19) assisting the President in carrying out the functions
under the national preparedness goal and the national
preparedness system and carrying out all functions and
authorities of the Director under the national preparedness
System;
(20) carrying out all authorities of the Federal Emergency
Management Agency; and
(21) otherwise carrying out the mission of the Federal
Emergency Management Agency as described in section 103.
(b) All-Hazards Approach.--In carrying out the
responsibilities under this section, the Director shall
coordinate the implementation of a risk-based, all-hazards
strategy that builds those common capabilities necessary to
prepare for, protect against, respond to, recover from, or
mitigate against natural disasters, acts of terrorism, and
other man-made disasters, while also building the unique
capabilities necessary to prepare for, protect against,
respond to, recover from, or mitigate against the risks of
specific types of incidents that pose the greatest risk to
the Nation.
(c) Conflict of Authorities.--If the Director determines
that there is a conflict between any authority of the
Director under this Act, the amendments made by this Act, or
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) and any authority of
another Federal officer, the Director shall request that the
President make such determinations as may be necessary
regarding such authorities.
SEC. 105. REGIONAL OFFICES.
(a) In General.--There are in the Federal Emergency
Management Agency 10 regional offices, as identified by the
Director of the Federal Emergency Management Agency.
(b) Management of Regional Offices.--
(1) Regional administrator.--Each Regional Office shall be
headed by a Regional Administrator who shall be appointed by
the Director, after consulting with State, local, and tribal
government officials in the region. Each Regional
Administrator shall report directly to the Director and be in
the Senior Executive Service.
(2) Qualifications.--
(A) In general.--Each Regional Administrator shall be
appointed from among individuals who have a demonstrated
ability in and knowledge of emergency management and homeland
security.
(B) Considerations.--In selecting a Regional Administrator
for a Regional Office, the Director shall consider the
familiarity of an individual with the geographical area and
demographic characteristics of the population served by such
Regional Office.
(c) Responsibilities.--
(1) In general.--The Regional Administrator shall work in
partnership with State, local, and tribal governments,
emergency managers, emergency response providers, medical
providers, the private sector, nongovernmental organizations,
multijurisdictional councils of governments, and regional
planning commissions and organizations in the geographical
area served by the Regional Office to carry out the
responsibilities of a Regional Administrator under this
section.
(2) Responsibilities.--The responsibilities of a Regional
Administrator include--
(A) ensuring effective, coordinated, and integrated
regional preparedness, protection, response, recovery, and
mitigation activities and programs for natural disasters,
acts of terrorism, and other man-made disasters (including
planning, training, exercises, and professional development);
(B) assisting in the development of regional capabilities
needed for a national catastrophic response system;
(C) coordinating the establishment of effective regional
operable and interoperable emergency communications
capabilities;
(D) staffing and overseeing 1 or more strike teams within
the region under subsection (f), to serve as the focal point
of the Federal Government's initial response efforts for
natural disasters, acts of terrorism, and other man-made
disasters within that region, and otherwise building Federal
response capabilities to respond to natural disasters, acts
of terrorism, and other man-made disasters within that
region;
(E) designating an individual responsible for the
development of strategic and operational regional plans in
support of the National Response Plan;
(F) fostering the development of mutual aid and other
cooperative agreements;
(G) identifying critical gaps in regional capabilities to
respond to populations with special needs;
(H) maintaining and operating a Regional Response
Coordination Center or its successor; and
[[Page S6306]]
(I) performing such other duties relating to such
responsibilities as the Director may require.
(3) Training and exercise requirements.--
(A) Training.--The Director shall require each Regional
Administrator to undergo specific training periodically to
complement the qualifications of the Regional Administrator.
Such training, as appropriate, shall include training with
respect to the National Incident Management System, the
National Response Plan, and such other subjects as determined
by the Director.
(B) Exercises.--The Director shall require each Regional
Administrator to participate as appropriate in regional and
national exercises.
(d) Area Offices.--
(1) In general.--There is an Area Office for the Pacific
and an Area Office for the Caribbean, as components in the
appropriate Regional Offices.
(2) Alaska.--The Director shall establish an Area Office in
Alaska, as a component in the appropriate Regional Office.
(e) Regional Advisory Council.--
(1) Establishment.--Each Regional Administrator shall
establish a Regional Advisory Council.
(2) Nominations.--A State, local, or tribal government
located within the geographic area served by the Regional
Office may nominate officials, including Adjutants General
and emergency managers, to serve as members of the Regional
Advisory Council for that region.
(3) Responsibilities.--Each Regional Advisory Council
shall--
(A) advise the Regional Administrator on emergency
management issues specific to that region;
(B) identify any geographic, demographic, or other
characteristics peculiar to any State, local, or tribal
government within the region that might make preparedness,
protection, response, recovery, or mitigation more
complicated or difficult; and
(C) advise the Regional Administrator of any weaknesses or
deficiencies in preparedness, protection, response, recovery,
and mitigation for any State, local, and tribal government
within the region of which the Regional Advisory Council is
aware.
(f) Regional Office Strike Teams.--
(1) In general.--In coordination with other relevant
Federal agencies, each Regional Administrator shall oversee
multi-agency strike teams authorized under section 303 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5144) that shall consist of--
(A) a designated Federal coordinating officer;
(B) personnel trained in incident management;
(C) public affairs, response and recovery, and
communications support personnel;
(D) a defense coordinating officer;
(E) liaisons to other Federal agencies;
(F) such other personnel as the Director or Regional
Administrator determines appropriate; and
(G) individuals from the agencies with primary
responsibility for each of the emergency support functions in
the National Response Plan.
(2) Other duties.--The duties of an individual assigned to
a Regional Office strike team from another relevant agency
when such individual is not functioning as a member of the
strike team shall be consistent with the emergency
preparedness activities of the agency that employs such
individual.
(3) Location of members.--The members of each Regional
Office strike team, including representatives from agencies
other than the Department, shall be based primarily within
the region that corresponds to that strike team.
(4) Coordination.--Each Regional Office strike team shall
coordinate the training and exercises of that strike team
with the State, local, and tribal governments and private
sector and nongovernmental entities which the strike team
shall support when a natural disaster, act of terrorism, or
other man-made disaster occurs.
(5) Preparedness.--Each Regional Office strike team shall
be trained as a unit on a regular basis and equipped and
staffed to be well prepared to respond to natural disasters,
acts of terrorism, and other man-made disasters, including
catastrophic incidents.
(6) Authorities.--If the Director determines that statutory
authority is inadequate for the preparedness and deployment
of individuals in strike teams under this subsection, the
Director shall report to Congress regarding the additional
statutory authorities that the Director determines are
necessary.
SEC. 106. NATIONAL INTEGRATION CENTER.
(a) In General.--There is established in the Federal
Emergency Management Agency a National Integration Center.
(b) Responsibilities.--
(1) In general.--The Director of the Federal Emergency
Management Agency, through the National Integration Center,
and in consultation with other Federal departments and
agencies and the National Advisory Council, shall ensure
ongoing management and maintenance of the National Incident
Management System, the National Response Plan, and any
successor to such system or plan.
(2) Specific responsibilities.--The National Integration
Center shall periodically review, and revise as appropriate,
the National Incident Management System and the National
Response Plan, including--
(A) establishing, in consultation with the Director of the
Corporation for National and Community Service, a process to
better use volunteers and donations;
(B) improving the use of Federal, State, local, and tribal
resources and ensuring the effective use of emergency
response providers at emergency scenes; and
(C) revising the Catastrophic Incident Annex, finalizing
and releasing the Catastrophic Incident Supplement to the
National Response Plan, and ensuring that both effectively
address response requirements in the event of a catastrophic
incident.
(c) Incident Management.--
(1) In general.--
(A) National response plan.--The Director of the Federal
Emergency Management Agency, in consultation with the
Secretary, shall ensure that the National Response Plan
provides for a clear chain of command to lead and coordinate
the Federal response to any natural disaster, act of
terrorism, or other man-made disaster.
(B) Director of the federal emergency management agency.--
The chain of the command specified in the National Response
Plan shall--
(i) provide for a role for the Director of the Federal
Emergency Management Agency consistent with the role of the
Director under this Act and the amendments made by this Act;
and
(ii) provide for a role for the Federal Coordinating
Officer consistent with the responsibilities under section
302(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5143(b)).
(2) Principal federal official.--The Principal Federal
Official (or the successor thereto) shall not--
(A) direct or replace the incident command structure
established at the incident; or
(B) have directive authority over the Senior Federal Law
Enforcement Official, Federal Coordinating Officer, or other
Federal and State officials.
SEC. 107. CREDENTIALING AND TYPING.
The Director of the Federal Emergency Management Agency
shall enter into a memorandum of understanding with the
administrators of the Emergency Management Assistance
Compact, State, local, and tribal governments, and
organizations that represent emergency response providers, to
collaborate on developing standards for deployment
capabilities, including credentialing of personnel and typing
of resources likely needed to respond to natural disasters,
acts of terrorism, and other man-made disasters.
SEC. 108. DISABILITY COORDINATOR.
(a) In General.--After consultation with organizations
representing individuals with disabilities, the National
Council on Disabilities, and the Interagency Coordinating
Council on Preparedness and Individuals with Disabilities,
established under Executive Order No. 13347 (6 U.S.C. 312
note), the Director of the Federal Emergency Management
Agency shall appoint a Disability Coordinator. The Disability
Coordinator shall report directly to the Director, in order
to ensure that the needs of individuals with disabilities are
being properly addressed in emergency preparedness and
disaster relief.
(b) Responsibilities.--The Disability Coordinator shall be
responsible for--
(1) providing guidance and coordination on matters related
to individuals with disabilities in emergency planning
requirements and relief efforts in the event of a natural
disaster, act of terrorism, or other man-made disaster;
(2) interacting with the staff of the Federal Emergency
Management Agency, the National Council on Disabilities, the
Interagency Coordinating Council on Preparedness and
Individuals with Disabilities established under Executive
Order No. 13347 (6 U.S.C. 312 note), other agencies of the
Federal Government, and State, local, and tribal government
authorities regarding the needs of individuals with
disabilities in emergency planning requirements and relief
efforts in the event of a natural disaster, act of terrorism,
or other man-made disaster;
(3) consulting with organizations that represent the
interests and rights of individuals with disabilities about
the needs of individuals with disabilities in emergency
planning requirements and relief efforts in the event of a
natural disaster, act of terrorism, or other man-made
disaster;
(4) ensuring the coordination and dissemination of best
practices and model evacuation plans for individuals with
disabilities;
(5) ensuring the development of training materials and a
curriculum for training of emergency response providers,
State, local, and tribal government officials, and others on
the needs of individuals with disabilities;
(6) promoting the accessibility of telephone hotlines and
websites regarding emergency preparedness, evacuations, and
disaster relief;
(7) working to ensure that video programming distributors,
including broadcasters, cable operators, and satellite
television services, make emergency information accessible to
individuals with hearing and vision disabilities;
(8) ensuring the availability of accessible transportation
options for individuals with disabilities in the event of an
evacuation;
(9) providing guidance and implementing policies to ensure
that the rights and wishes of individuals with disabilities
regarding post-evacuation residency and relocation are
respected;
(10) ensuring that meeting the needs of individuals with
disabilities are included in
[[Page S6307]]
the components of the national preparedness system
established under section 644 of the Post-Katrina Emergency
Management Reform Act of 2006; and
(11) any other duties as assigned by the Director of the
Federal Emergency Management Agency.
SEC. 109. NATIONAL OPERATIONS CENTER.
(a) Definition.--In this section, the term ``situational
awareness'' means information gathered from a variety of
sources that, when communicated to emergency managers and
decision makers, can form the basis for incident management
decisionmaking.
(b) Establishment.--The National Operations Center is the
principal operations center for the Federal Emergency
Management Agency and shall--
(1) provide situational awareness and a common operating
picture for the entire Federal Government, and for State,
local, and tribal governments as appropriate, in the event of
a natural disaster, act of terrorism, or other man-made
disaster; and
(2) ensure that critical terrorism and disaster-related
information reaches government decision-makers.
SEC. 110. TECHNICAL AND CONFORMING AMENDMENTS.
(1) In general.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.) is amended--
(A) in section 501, by striking all after ``In this title''
and inserting ``the term `tribal government' means the
government of any entity described under section 2(10)(B).'';
(B) by striking sections 503 through 507, 509, 510, 513,
and 515;
(C) in section 508--
(i) by striking ``Administrator'' each place that term
appears and inserting ``Director of Federal Emergency
Management Agency''; and
(ii) in subsection (c)--
(I) in paragraph (1), by inserting ``in consultation with
the Secretary,'' before ``and shall, to the extent
practicable''; and
(II) in paragraph (3), by inserting ``, in consultation
with the Secretary,'' before ``shall designate'';
(D) in section 512(c), by striking ``Administrator'' each
place that term appears and inserting ``Secretary''; and
(E) in section 514--
(i) by striking subsection (a); and
(ii) redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
(2) Table of contents.--The table of contents for the
Homeland Security Act of 2002 (6 U.S.C. 101) is amended by
striking the items relating to sections 503 through 510, 513
and 515.
SEC. 111. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to detract from the
Department of Homeland Security's primary mission to secure
the homeland from terrorist attacks.
TITLE II--TRANSFER AND SAVINGS PROVISIONS
SEC. 201. DEFINITIONS.
In this title, unless otherwise provided or indicated by
the context--
(1) the term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United
States Code;
(2) the term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program; and
(3) the term ``office'' includes any office,
administration, agency, institute, unit, organizational
entity, or component thereof.
SEC. 202. TRANSFER OF FUNCTIONS.
There are transferred to the Federal Emergency Management
Agency established under section 101 of this Act all
functions which the Director of the Federal Emergency
Management Agency of the Department of Homeland Security
exercised before the date of the enactment of this title,
including all the functions described under section 505 of
the Homeland Security Act of 2002 (before the repeal of that
section under section 104 of this Act).
SEC. 203. PERSONNEL PROVISIONS.
(a) Appointments.--The Director of the Federal Emergency
Management Agency may appoint and fix the compensation of
such officers and employees, including investigators,
attorneys, and administrative law judges, as may be necessary
to carry out the respective functions transferred under this
title. Except as otherwise provided by law, such officers and
employees shall be appointed in accordance with the civil
service laws and their compensation fixed in accordance with
title 5, United States Code.
(b) Experts and Consultants.--The Director of the Federal
Emergency Management Agency may obtain the services of
experts and consultants in accordance with section 3109 of
title 5, United States Code, and compensate such experts and
consultants for each day (including traveltime) at rates not
in excess of the rate of pay for level IV of the Executive
Schedule under section 5315 of such title. The Director of
the Federal Emergency Management Agency may pay experts and
consultants who are serving away from their homes or regular
place of business, travel expenses and per diem in lieu of
subsistence at rates authorized by sections 5702 and 5703 of
such title for persons in Government service employed
intermittently.
SEC. 204. DELEGATION AND ASSIGNMENT.
Except where otherwise expressly prohibited by law or
otherwise provided by this title, the Director of the Federal
Emergency Management Agency may delegate any of the functions
transferred to the Director of the Federal Emergency
Management Agency by this title and any function transferred
or granted to such Director after the effective date of this
title to such officers and employees of the Federal Emergency
Management Agency as the Director may designate, and may
authorize successive redelegations of such functions as may
be necessary or appropriate. No delegation of functions by
the Director of the Federal Emergency Management Agency under
this section or under any other provision of this title shall
relieve such Director of responsibility for the
administration of such functions.
SEC. 205. REORGANIZATION.
The Director of the Federal Emergency Management Agency is
authorized to allocate or reallocate any function transferred
under section 202 among the officers of the Federal Emergency
Management Agency, and to establish, consolidate, alter, or
discontinue such organizational entities in the Federal
Emergency Management Agency as may be necessary or
appropriate.
SEC. 206. RULES.
The Director of the Federal Emergency Management Agency is
authorized to prescribe, in accordance with the provisions of
chapters 5 and 6 of title 5, United States Code, such rules
and regulations as the Director determines necessary or
appropriate to administer and manage the functions of the
Federal Emergency Management Agency.
SEC. 207. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND
PERSONNEL.
Except as otherwise provided in this title, the personnel
employed in connection with, and the assets, liabilities,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds
employed, used, held, arising from, available to, or to be
made available in connection with the functions transferred
by this title, subject to section 1531 of title 31, United
States Code, shall be transferred to the Federal Emergency
Management Agency. Unexpended funds transferred pursuant to
this section shall be used only for the purposes for which
the funds were originally authorized and appropriated.
SEC. 208. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget, at
such time or times as the Director shall provide, is
authorized to make such determinations as may be necessary
with regard to the functions transferred by this title, and
to make such additional incidental dispositions of personnel,
assets, liabilities, grants, contracts, property, records,
and unexpended balances of appropriations, authorizations,
allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such
functions, as may be necessary to carry out the provisions of
this title. The Director of the Office of Management and
Budget shall provide for the termination of the affairs of
all entities terminated by this title and for such further
measures and dispositions as may be necessary to effectuate
the purposes of this title.
SEC. 209. EFFECT ON PERSONNEL.
(a) In General.--Except as otherwise provided by this
title, the transfer pursuant to this title of full-time
personnel (except special Government employees) and part-time
personnel holding permanent positions shall not cause any
such employee to be separated or reduced in grade or
compensation for one year after the date of transfer of such
employee under this title.
(b) Executive Schedule Positions.--Except as otherwise
provided in this title, any person who, on the day preceding
the effective date of this title, held a position compensated
in accordance with the Executive Schedule prescribed in
chapter 53 of title 5, United States Code, and who, without a
break in service, is appointed in the Federal Emergency
Management Agency to a position having duties comparable to
the duties performed immediately preceding such appointment
shall continue to be compensated in such new position at not
less than the rate provided for such previous position, for
the duration of the service of such person in such new
position.
SEC. 210. SAVINGS PROVISIONS.
(a) Continuing Effect of Legal Documents.--All orders,
determinations, rules, regulations, permits, agreements,
grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions--
(1) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions which are transferred under this
title, and
(2) which are in effect at the time this title takes
effect, or were final before the effective date of this title
and are to become effective on or after the effective date of
this title,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Director of the
Federal Emergency Management Agency or other authorized
official, a court of competent jurisdiction, or by operation
of law.
(b) Proceedings Not Affected.--The provisions of this title
shall not affect any proceedings, including notices of
proposed rulemaking, or any application for any license,
permit, certificate, or financial assistance pending before
the Federal Emergency Management Agency at the time this
title takes effect, with respect to functions transferred by
this title but such proceedings and applications shall
continue. Orders shall be issued
[[Page S6308]]
in such proceedings, appeals shall be taken therefrom, and
payments shall be made pursuant to such orders, as if this
title had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified,
terminated, superseded, or revoked by a duly authorized
official, by a court of competent jurisdiction, or by
operation of law. Nothing in this subsection shall be deemed
to prohibit the discontinuance or modification of any such
proceeding under the same terms and conditions and to the
same extent that such proceeding could have been discontinued
or modified if this title had not been enacted.
(c) Suits Not Affected.--The provisions of this title shall
not affect suits commenced before the effective date of this
title, and in all such suits, proceedings shall be had,
appeals taken, and judgments rendered in the same manner and
with the same effect as if this title had not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other
proceeding commenced by or against the Federal Emergency
Management Agency, or by or against any individual in the
official capacity of such individual as an officer of the
Federal Emergency Management Agency, shall abate by reason of
the enactment of this title.
(e) Administrative Actions Relating to Promulgation of
Regulations.--Any administrative action relating to the
preparation or promulgation of a regulation by the Federal
Emergency Management Agency relating to a function
transferred under this title may be continued by the Federal
Emergency Management Agency with the same effect as if this
title had not been enacted.
SEC. 211. SEPARABILITY.
If a provision of this title or its application to any
person or circumstance is held invalid, neither the remainder
of this title nor the application of the provision to other
persons or circumstances shall be affected.
SEC. 212. TRANSITION.
The Director of the Federal Emergency Management Agency is
authorized to utilize--
(1) the services of such officers, employees, and other
personnel of the Federal Emergency Management Agency with
respect to functions transferred by this title; and
(2) funds appropriated to such functions for such period of
time as may reasonably be needed to facilitate the orderly
implementation of this title.
SEC. 213. REFERENCES.
Any reference in any other Federal law, Executive order,
rule, regulation, or delegation of authority, or any document
of or pertaining to a department, agency, or office from
which a function is transferred by this title--
(1) to the head of such department, agency, or office is
deemed to refer to the head of the department, agency, or
office to which such function is transferred; or
(2) to such department, agency, or office is deemed to
refer to the department, agency, or office to which such
function is transferred.
SEC. 214. ADDITIONAL CONFORMING AMENDMENTS.
(a) Recommended Legislation.--After consultation with the
appropriate committees of the Congress and the Director of
the Office of Management and Budget, the Director of the
Federal Emergency Management Agency shall prepare and submit
to Congress recommended legislation containing technical and
conforming amendments to reflect the changes made by this
Act.
(b) Submission to Congress.--Not later than 6 months after
the effective date of this title, the Director of the Federal
Emergency Management Agency shall submit the recommended
legislation referred to under subsection (a).
______
By Mr. HATCH (for himself and Mr. Conrad):
S. 1428. A bill to amend part B of title XVIII of the Social Security
Act to assure access to durable medical equipment under the Medicare
program; to the Committee on Finance.
Mr. HATCH. Mr. President, I am pleased to join Senators Conrad and
Roberts in introducing the Medicare Durable Medical Equipment Access
Act of 2007.
Some background on why this bill is necessary might be useful.
Among the provisions of the Medicare Modernization Act, MMA, was a
provision that instituted a bidding process for durable medical
equipment. It was a good concept--we have all seen the advantages to
Medicare beneficiaries and to the Federal Government of competitive
bidding in Medicare Part D. The government and beneficiaries are paying
lower prices for prescription drugs as a result of fair competition.
At the time of the passage of the MMA, it was known that Medicare was
overpaying substantially for certain durable medical equipment. The MMA
instituted a bidding process for durable medical equipment in order to
bring market discipline to the purchasing process. It also directed the
Secretary of Health and Human Services, HHS, to establish badly needed
quality standards for Medicare's suppliers of durable medical equipment
and related services.
The purpose of S. 1428, the Medicare Durable Equipment Access Act, is
to correct problems arising from provisions in the MMA that apply to
rural areas and urban areas of low population density. The bill seeks
to protect the access of Medicare beneficiaries in these areas to
homecare equipment and services. It also will allow small businesses to
participate in the program, but only if they meet the quality standards
established in this legislation and can meet the competitively bid
price.
The bill protects Medicare beneficiaries in three ways.
First, the MMA permits the HHS Secretary to exempt from the bidding
process rural areas and areas with low population density that are not
competitive unless there is a significant national market through mail
order for a particular item or service. The law also permits suppliers
in rural areas to be exempted from the program's quality standards.
Medicare patients must be assured that they are dealing with qualified
suppliers and our bill assures them that they will be.
Second, the MMA allows the Secretary of HHS to exempt rural areas and
sparsely populated urban areas from the bidding process if they lack
health care infrastructure, a vague and subjective judgment. This bill
defines areas eligible for exemption as metropolitan service areas with
fewer than 500,000 people.
Finally, the MMA established a Program Advisory and Oversight
Committee to advise the Secretary on implementation of the program. The
MMA exempted the Program Advisory and Oversight Committee from The
Federal Advisory Committee Act, FACA. FACA was enacted by Congress in
1972. Its purpose is to ensure that committees that advise the
executive branch be accessible to the public and objective in their
judgments. This bill places this program under FACA.
This legislation also provides important protection to small
businesses. The MMA provides that there shall be no administrative or
judicial review for businesses participating in competitive bidding.
Our bill provides for judicial appeal rights, giving legal recourse to
businesses that participate in the competitive bidding process.
The MMA also directs the HHS Secretary to take appropriate steps to
ensure that small suppliers have an opportunity to participate. Our
bill specifies that such appropriate steps shall include permitting
suppliers that are classified as small businesses under the Small
Business Act to continue to participate at the single payment amount,
so long as they submit bids at less than the fee schedule amount.
In addition, the MMA permits the HHS Secretary to use competitive
acquisition bid rates from one region to determine payment rates in
another noncompetitive acquisition area. Our bill requires the HHS
Secretary to complete a comparability analysis to ensure that payments
in non-competitive areas are fair. It requires the Secretary to publish
the analysis in the Federal Register.
Finally, the purpose of the competitive bidding process is to save
the Medicare program and its beneficiaries' money from the purchase of
durable medical equipment, but a new bureaucracy must be created to
implement the program. Our bill requires the HHS Secretary to exempt
from competitive acquisition requirements any items and services not
likely to result in savings of at least 10 percent.
Twenty-five small suppliers of durable medical equipment in Utah have
banded together to support this legislation and I believe they speak
for hundreds of small suppliers around the United States. They support
the establishment of quality standards for all suppliers of durable
medical equipment to Medicare. They are willing to price their products
competitively. They are used to providing personal services to their
customers in small Utah towns. Their customers are also their
neighbors. They all fear that their businesses, which are built on
personal service, may be sacrificed to large suppliers from distant
cities who cannot educate Medicare beneficiaries. A flyer in the mail
may not be enough to teach a disabled diabetic how to use a walker.
[[Page S6309]]
I urge my colleagues to support this legislation which permits the
potential savings from competitive bidding, mandates quality standards
for all of Medicare's durable medical equipment suppliers, and protects
small businesses and Medicare beneficiaries in rural areas and in low
density urban areas.
Mr. CONRAD. Mr. President, today I am pleased to join my colleague,
Senator Hatch, in reintroducing the Medicare Durable Medical Equipment,
DME, Access Act. This bill will help protect rural DME providers from
the negative consequences of competitive bidding and ensure that
seniors have access to the highest quality of DME supplies. It will
also help to rid the system of fraudulent suppliers who are filing
improper and illegal claims.
As many of my colleagues know, the Medicare Modernization Act, MMA,
required Medicare to replace the current DME payment methodology for
certain items with a competitive acquisition process, which is
currently underway. In fact, the first round of bids are due on July
13. Our bill would address several issues that could negatively impact
the ability of rural suppliers to compete and ensure that seniors are
getting high-quality products.
Specifically, our bill would strengthen language in the MMA that
allows the Secretary to exempt rural areas by requiring the Secretary
to exempt metropolitan statistical areas with fewer than 500,000
people. In addition, the legislation would require that the Centers for
Medicare and Medicaid Services, CMS, include the attainment of quality
standards as a factor in computing the winning bid to ensure that
patients receive both high-quality and low-cost equipment. Third, the
Medicare Durable Medical Equipment Access Act would allow small
businesses to continue providing DME in Medicare at the acquisition bid
rate, even if the businesses didn't have the winning bid. Finally, the
bill would take additional steps to ensure that competitive acquisition
results in savings, that providers have access to administrative and
judicial review, and that any meetings of the newly created CMS Program
Advisory and Oversight Committee on competitive bidding be open to the
public.
Many argue that there is fraudulent activity in the Medicare DME
benefit and that is why competitive bidding is necessary. I agree that
it is far too easy to obtain a supplier number and start filing
improper and illegal claims. That is why I applaud the efforts of CMS
and others who are cracking down on the inappropriate behavior.
However, it is also imperative that we ensure sufficient access to
quality DME care in the program and protect those suppliers who are
acting appropriately. I believe this bill achieves the appropriate
balance between these two goals. I urge all of my colleagues to support
this important legislation.
______
By Mr. OBAMA (for himself and Mr. Brownback):
S. 1430. A bill to authorize State and local governments to direct
divestiture from, and prevent investment in, companies with investments
of $20,000,000 or more in Iran's energy sector, and for other purposes;
to the Committee on Banking, Housing, and Urban Affairs.
Mr. OBAMA. I rise today, along with Senator Brownback, to introduce
the Iran Sanctions Enabling Act of 2007. Before proceeding, I want to
commend Chairman Frank for introducing similar legislation on the House
side--he is a major force behind this legislation and should be
recognized for his work on this issue.
This bill will enable citizens, institutional investors, and State
and local governments to ensure that their money is not being used by
companies that help develop Iran's oil and gas industry. This would
place additional economic pressure on the Iranian regime with the goal
of changing Iranian policies.
The Obama-Brownback legislation does this in three ways:
First, this legislation requires the U.S. government, every 6 months,
to publish a list of companies that are investing more than $20 million
in Iran's energy sector. This sunshine provision accomplishes two
important objectives. It provides investors with the knowledge they
need to make informed decisions about the consequences of their
investments. And, since it is already illegal for U.S. companies to
make such investments, it provides a powerful incentive for foreign
companies to discontinue investments in Iran.
Second, this legislation authorizes State and local governments to
divest the assets of their pension funds and other funds under their
control from any company on the list. Several states, such as Florida
and Missouri, have already taken actions to achieve these ends. But the
States' authority to undertake these measures is unclear, so an
explicit authorization from Congress, contained in this bill, will
resolve this issue.
Third, this legislation seeks to give fund managers safe harbor and
also provide investors with more choices. For fund managers who divest
from companies on this list, the Obama-Brownback bill helps protect
these managers from lawsuits brought by unhappy investors. The bill
also expresses the sense of Congress that the government's own 401(k)
fund, the Thrift Savings Plan, should create a ``terror-free'' and
``genocide-free'' investment options for government employees.
We need this bill, as Iranian actions have been well-documented.
Iran's pursuit of a nuclear program, and its unwillingness to allow
comprehensive international oversight, pose unacceptable risks to the
United States and our allies. The international community has voiced
its opposition to Iran's nuclear ambitions. For example, the U.N.
Security Council passed resolutions last December, and again in March
of this year, increasing sanctions on Iran for its failure to suspend
uranium enrichment.
The Iranian regime has been actively sowing the seeds of instability
and violence in Iraq, with deadly consequences for American soldiers.
Beyond Iraq's borders, Iranian leaders are exporting militancy,
sectarianism, and rejectionism throughout the Middle East. Fueled by
the billions of dollars it earns from oil and gas exports, Iran has
been pumping money into radical Islamist terror groups like Hezbollah
and Hamas. Every bit as worrying is the rhetoric of President Mahmoud
Ahmadinejad publicly calling to ``wipe Israel off the map.''
It is quite a list. But in the midst of all of this, there are signs
that some Iranians understand the impact their regime's behavior is
having on Iran's national interests. Conservatives in Iran look where
the radicals are trying to take the country--more confrontation and
more radicalism, and they are worried.
We should send a message that, if Iran wishes to benefit from the
international system, it must play by international rules. If it
chooses to flout those rules, then the world will turn its back on
Iran. Pressuring companies to cut their financial ties with Iran is an
important piece of that process, and we should allow pension funds to
do so.
For all of its bluster, Iran is not a strong country. Its oil
infrastructure is weak and badly in need of investment. The economy
lurches under the weight of quasi-state run industries, and billions of
dollars in Iranian cash sit offshore because Iranians have so little
faith in their government's management of the economy. This is
precisely why we need legislation along the lines of what I am
introducing here today.
In general, we need to think carefully about allowing divestment,
which is a tool that can be misused. However, I believe that Iran is a
special case. And, in this case, divestment legislation can dissuade
foreign companies from investing in energy operations whose profits
will be used to threaten us. It is not a magic bullet--there is none in
this situation--but is one of a menu of actions, each of which can help
us to deter Iranian aggression.
We are currently involved in one ruinous war, and we need to avoid
indiscriminate saber-rattling which could involve us in another. This
administration's failure in Iraq has emboldened and empowered Iran, and
the forces allied with it, including Hamas and Hezbollah. And while we
should take no option, including military action, off the table,
sustained and aggressive diplomacy combined with tough sanctions should
be our primary means to deal with Iran. It is incumbent upon us to find
and implement ways to pressure Iran short of war, ways that demonstrate
our deep concern about Iran's behavior, and ways that will help us to
exert leadership on this issue. This bill is one of those ways.
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I have called for direct engagement with Iran over its efforts to
acquire nuclear weapons. But, direct dialogue, as we conducted with the
Soviet Union during the Cold War, should be part of a comprehensive
diplomatic strategy to head off this unacceptable threat. So should the
legislation Senator Brownback and I are introducing today.
I hope my colleagues will cosponsor the Obama-Brownback legislation.
On the House side, I hope my colleagues in that Chamber sign on to the
Frank bill. I look forward to working with others to get this bill
signed into law.
In closing, I want to thank Daniel McGlinchey and James Segel of
Chairman Frank's staff for their work on this bill. They were
extraordinarily helpful in putting together this legislation, and I
would be remiss I did not recognize their efforts.
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