[Congressional Record Volume 153, Number 128 (Saturday, August 4, 2007)]
[House]
[Pages H9722-H9842]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




NEW DIRECTION FOR ENERGY INDEPENDENCE, NATIONAL SECURITY, AND CONSUMER 
                             PROTECTION ACT

  The SPEAKER pro tempore. Pursuant to House Resolution 615 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the consideration of the bill, H.R. 3221.

                              {time}  1109


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole

[[Page H9723]]

House on the state of the Union for the consideration of the bill (H.R. 
3221) moving the United States toward greater energy independence and 
security, developing innovative new technologies, reducing carbon 
emissions, creating green jobs, protecting consumers, increasing clean 
renewable energy production, and modernizing our energy infrastructure, 
with Mr. Obey in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered read the 
first time.
  General debate shall not exceed 2 hours, with 15 minutes equally 
divided and controlled by the chairman and ranking minority member of 
the Committees on Energy and Commerce, Natural Resources, Science and 
Technology, Transportation and Infrastructure, Education and Labor, 
Foreign Affairs, Small Business, and Oversight and Government Reform.
  The gentleman from Michigan (Mr. Dingell), the gentleman from Texas 
(Mr. Barton), the gentleman from West Virginia (Mr. Rahall), the 
gentleman from Alaska (Mr. Young), the gentleman from Tennessee (Mr. 
Gordon), the gentleman from Texas (Mr. Hall), the gentleman from 
Minnesota (Mr. Oberstar), the gentleman from Florida (Mr. Mica), the 
gentleman from California (Mr. George Miller), the gentleman from 
California (Mr. McKeon), the gentleman from California (Mr. Lantos), 
the gentlewoman from Florida (Ms. Ros-Lehtinen), the gentlewoman from 
New York (Ms. Velazquez), the gentleman from Ohio (Mr. Chabot), the 
gentleman from California (Mr. Waxman) and the gentleman from Virginia 
(Mr. Tom Davis) each will control 7\1/2\ minutes.
  The Chair recognizes the gentleman from California.
  Mr. GEORGE MILLER of California. I thank the Chair.
  At this time, I yield 1 minute to the Speaker of the House.
  Ms. PELOSI. I thank the distinguished chairman for yielding time.
  Mr. Chairman, today we have an historic opportunity in the House of 
Representatives. Today we are faced with a momentous decision on energy 
and global warming. With this bill, we are turning toward the future 
for the sake of our children and our planet. With this bill, the New 
Direction for Energy Independence, National Security, and Consumer 
Protection Act, Congress can indeed take our Nation in a new direction. 
This is a moment when we can make a decision in favor of the future.
  Mr. Chairman, you acknowledged all of the chairmen and chairwomen who 
have contributed to the success of this legislation that we are 
bringing forward today, and I want to commend all of them. I want to 
say that the principles that have been put into this legislation are 
very important. Our energy independence is a national security issue. 
It is an economic issue for our country and for America's families. It 
is an environmental health issue for our children. And it is a moral 
issue. This beautiful planet is God's gift to us. We have a moral 
responsibility to preserve it. That is why I am so pleased that so many 
in the religious community are supporting our actions today.
  This bill makes the largest investment in homegrown biofuels in 
American history. We know that America's farmers will fuel America's 
independence. We will send our energy dollars to middle America, not to 
the Middle East.

                              {time}  1115

  The bill promotes cleaner and efficient means of transportation, 
including alternative fuels in busses and ferries and hybrid 
automobiles in hauling goods around the country.
  I have a very long statement about this bill, I'm very enthusiastic 
about it, and I will use that enthusiasm to submit most of my statement 
for the Record.
  But I do want to acknowledge the important work that Mr. Dingell did 
on this legislation because in his bill, renewable energy offers a new 
direction for our country. And what he does is, 10.4 billion tons of 
dioxide emissions are reduced. That's more emissions than are used by 
all of the cars on America's highways today. It's very important. And I 
want to thank Mr. Rangel, who we will hear from later, on the fact that 
this bill is paid for.
  So it's about our national security. We cannot be dependent on 
foreign oil. As I said, this is God's creation. This issue is as local 
as our neighborhoods; it is as global as the planet. It is about how we 
educate our children in this new green economy. It's how we create 
jobs. And Congressman Miller and Congresswoman Solis will be talking 
about that in a moment.
  The Prophet Isaiah has said, Mr. Chairman, that ``to minister to the 
needs of God's creation is an act of worship. To ignore that is to 
dishonor the God who made us.'' I firmly believe from the bottom of my 
heart that if we do believe that, that we should pass this legislation 
today. It's about our children, their future, the world in which they 
live to fulfill their lives, and it's about America being number one 
and in the lead.
  So I urge my colleagues, I promise to submit it for the Record if you 
promise to read it.


                                 intro

       My colleagues, today we are fced with a momentous decision 
     on energy and global warming.
       Will we turn toward the future, for the sake of our 
     children and our planet? Or will we remain mired in the 
     disputes and regional differences that have so often 
     prevented the Congress from adopting new, innovative 
     approaches to our energy needs?
       With this bill, the ``New Direction for Energy 
     Independence, National Security, and Consumer Protection 
     Act,'' Congress can indeed take our nation in a New 
     Direction.
       Energy independence is a national security issue, and 
     environmental and health issue, an economic issue, and a 
     moral issue.
       As it says in the Bible, ``To minister to the needs of 
     God's creation is an act of worship, to ignore those needs is 
     to dishonor the God who made us.''
       This is the moment when we can make a decision in favor of 
     the future, while ministering to the needs of God's creation.


                            acknowledgements

       Ten committees have been hard at work for months to develop 
     this legislation, and I salute the leadership of our 
     Chairmen. These committees have held extensive hearings and 
     markups. The Appropriations Committee has also highlighted 
     sustainable energy and global warming in their bills.
       As a result, almost every Member of Congress has had the 
     opportunity to participate in this process. Thank you all for 
     your creativity and hard work.

                               principles

       With broad input, and a commitment to the future, Congress 
     has created this bill with four principles in mind. We must 
     strengthen our national security by reducing our dependence 
     on foreign oil; lower energy costs with greater efficiency, 
     cleaner energy, and smarter technology; create new and good-
     paying American jobs, and reduce global warming.
       And we must do it all in a fiscally sound way.
       To fund these key investments in our future, we have 
     demanded greater accountability to the taxpayer from oil and 
     gas companies that drill on Federal lands.

                          energy independence

       This bill makes the largest investment in homegrown 
     biofuels in American history. We know that America's farmers 
     will fuel America's energy independence, creating jobs and 
     prosperity across rural America.
       This bill will send our energy dollars to middle America 
     and coast to coast; not the Middle East.
       This bill promotes cleaner and more efficient means of 
     transportation, including alternative fuel buses and ferries, 
     and hybrid locomotives for hauling goods around the country.


                          protecting consumers

       With the energy efficiency provisions in this legislation, 
     we will lower costs for American consumers and businesses in 
     key areas, such as electricity, home heating, and cooling--
     saving Americans more than $300 billion dollars.
       With these energy efficiency measures, we will also reduce 
     carbon dioxide emissions by as much as 10.4 billion tons 
     through 2030, more than the annual emissions of all the cars 
     on the road in America today.
       This bill is essential to developing renewable energy 
     sources in America. It makes a strong commitment to research 
     and innovation. It extends tax provisions that have provided 
     a strong foundation for our renewable energy industries, 
     provides new incentives, and bolsters research.
       Renewable energy offers a new direction for our country by 
     improving energy independence and reducing global warming.


                                  jobs

       As we address energy independence and global warming with 
     innovation and market-based solutions, we will grow our 
     economy and create good paying jobs--including ``green-
     collar'' jobs.
       Because small businesses are the backbone of our economy, 
     this bill ensures small businesses can reap the economic 
     benefits of new energy technologies.


                             global warming

       The consequences of global warming will be as local as our 
     neighborhoods, and as broad as our entire planet. So too must 
     our solutions be both local and global.

[[Page H9724]]

       This bill lays out specific steps the Administration should 
     take for the U.S. to resume a constructive role as the global 
     leader in combating global warming.
       Here at home, the Federal Government should lead by 
     example. This bill requires the Federal Government to become 
     carbon-neutral by the year 2050, and lays out a number of 
     specific measures that will assist our government to achieve 
     that goal.
       States and local communities need to know how to plan for 
     the global warming that is already underway. This bill 
     reorganizes the federal climate change research, so every 
     locality has information it needs to prepare.
       It also assists us in tracking the effects of global 
     warming on the oceans and wildlife so we can take steps to 
     protect them.


                               conclusion

       Mr. Chairman, the legislation we debate today is just the 
     ambitious first phase in what will be a series of 
     revolutionary actions for energy independence.
       But it is a very serious first step, that honors God's 
     creation--our planet, and creates a better world for our 
     children.
       With confidence in American ingenuity and faith in our 
     future, today we can declare a New Direction in our energy 
     policy--one for our future generations. I urge my colleagues 
     to do just that by supporting this bill.

  Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself 1\1/2\ 
minutes.
  I want to thank the Speaker for speaking and endorsing and her 
participation in bringing this legislation together, but specifically, 
from our committee, the Education and Labor Committee, the matter that 
is dealing with green jobs.
  And I want to thank Congresswoman Hilda Solis and Congressman John 
Tierney for all of the work they did to create green jobs, both in our 
urban areas and in the rural areas, to build the expertise, to build 
the capital necessary to meet the demands of this legislation.
  For too long, we have debated this issue as if it's the environment 
against economic growth and jobs. This legislation points to the fact, 
with the great support of labor unions in our country, that this is 
also about growing jobs here at home with new technologies, new 
industries, new innovation and new discovery. And I want to mention the 
support the Laborers International Union, Operating Engineers, the 
Brotherhood of Carpenters, the Boilermakers, the Steelworkers, and 
others. They participated in this joint effort to develop these green 
jobs provisions, building on very successful models across this 
country.
  Again, I want to pay tribute to Congressman Tierney and Congresswoman 
Solis for their effort to pull together a coalition of people 
understanding the dynamics and the economic growth this can mean in 
both rural America and urban America to build the expertise, to build 
the talent, to build the job skills to deal with the new technologies 
that the other committees of jurisdiction are bringing forth.
  Mr. Chairman, I reserve the balance of my time.


                         parliamentary inquiry

  Mr. BARTON of Texas. Mr. Chairman, I am not a member of the Education 
and Workforce Committee, so I have a parliamentary inquiry. Are we on 
the Education and Workforce time at this time?
  The CHAIRMAN. The committees may use the time in any order that they 
choose.
  Mr. BARTON of Texas. My understanding on the rule was that we would 
go by committee, and the first committee would be Energy and Commerce, 
but Mr. Miller is the chairman of the Education and Workforce Committee
  The CHAIRMAN. If the gentleman would suspend, the rule does not 
stipulate the order.
  Mr. BARTON of Texas. So, could the Chair indicate what the order is?
  The CHAIRMAN. No.
  Mr. BARTON of Texas. Well, Mr. Chairman, I would claim the time for 
the Education and Workforce Committee since the Education and Workforce 
Committee is not here.
  The CHAIRMAN. The Chair will accommodate the committees in trying to 
use the time in whichever order they see fit. It is not at this point 
up to the Chair to decide.
  Mr. BARTON of Texas. Mr. Chairman, when Mr. Dingell uses Energy and 
Commerce time, then I will use Energy and Commerce time, but at this 
point in time I will reserve the time.
  Mr. TIERNEY. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, today I rise to highlight one aspect of the Energy bill 
that is before the House today, that's the provision essentially 
incorporating the Green Jobs Act of 2007, which had previously been 
passed by the House Committee on Education and Labor.
  Let me begin by acknowledging and thanking Speaker Pelosi for making 
this issue, ``the green workforce development,'' a priority in her 
environmental agenda.
  My cosponsor, Hilda Solis of California, is appreciated for her work 
in ensuring that a broad cross section of workers get in at the bottom 
floor of this growing industry.
  This innovative proposal, ``green jobs,'' will make $120 million a 
year available across the country to begin training workers for jobs in 
the clean energy sector. 35,000 people per year can benefit from 
vocational education that will provide for them secure employment in 
this country.
  Until now, the United States has not really had a coherent strategy 
to address the growing labor shortage and demands of these green and 
clean energy sectors. This bill, this particular provision, will help a 
broad cross section of workers get into these growing industries.
  Green-collar jobs can provide living wages and upward mobility. For 
some, they will create a way out of poverty, even as they help improve 
our environment and buttress our national security by lessening 
reliance on foreign oil.
  We've passed legislation to increase science, technology, engineering 
and math teachers, to educate more engineers and scientists. Now we 
have the chance to make sure that those who do not have degrees or do 
not choose to go to college can also support a family and contribute to 
their communities. Urban youth, retired veterans, struggling farmers, 
and displaced workers from our manufacturing sectors can all get 
training through this proposal.
  They will help meet a growing labor need as America seeks thousands 
of green-collar workers to install millions of solar panels, to 
weatherize buildings and homes, to build and maintain wind farms, and 
more. These jobs are energy saving, air quality improving, and carbon 
cutting, and they're all local. They mostly cannot be outsourced to 
other countries. Solar panels and wind farms need to be built here. 
Buildings to be retrofitted to save energy have their foundations in 
U.S. soil.
  Today, we can join Speaker Pelosi and the many numerous advocacy 
organizations that have worked hard to develop and expand the concept 
of green jobs, making sure that the benefits of a cleaner and greener 
economy are shared broadly at all income levels.
  Special acknowledgement goes to the Ella Baker Center's Van Jones, 
whose passionate expressions have been liberally borrowed here and 
whose personal energy has greatly advanced this idea.
  The return in energy savings helped by green jobs can be enormous. 
The positive impact on lives from rewarding employment can be 
priceless. Mr. Chairman, this provision of the clean energy bill can 
help provide America with the working muscle, practical experience and 
training, and industry-specific intelligence to change our Nation's 
future.
  I urge my colleagues to support the entire bill, being mindful that 
the Green Jobs Act of 2007 contributes specifically to this appeal.
  Mr. TIERNEY. I am going to reserve the balance of the Education 
Committee's time on this and defer to the Committee on Energy.
  Mr. DINGELL. Mr. Chairman, I yield myself 1 minute.
  The legislation here represents the work of 10 committees. In the 
portion of the legislation written by the Committee on Energy and 
Commerce, there is not a single provision that a Member would feel 
justified in opposing. The legislation from the Commerce Committee sets 
appliance standards for buildings and other devices and appliances 
which, when in full force, will save 10 million tons emissions of 
carbon dioxide, more than the annual emissions of every car in this 
country. It promotes the development of the Smart Electricity Grid that 
will deliver energy to a household in a more efficient manner. It paves 
the way for more efficient use of electricity and

[[Page H9725]]

will make innovations like plug-in hybrid vehicles even more promising.
  It improves the loan guarantee programs to the Department of Energy, 
and it makes the largest investment in our history in biofuels, along 
with other things which will move forward and see to it that the 
infrastructure is there to provide the necessary service.
  Some of our Members are unhappy with what is not in the bill; some of 
them are unhappy with what is in the bill. I would observe that we will 
be having additional legislation which we are contemplating bringing 
forth from the Energy and Commerce Committee in the month of September 
which will address a large number of questions not now before the 
House, including the question of global warming in all of its aspects.
  These controversies have been avoided so that we could produce a 
consensus bill that will pass the House and the Senate and be signed 
into law by the President. That bill is before us at this time, and it 
merits our support.
  Mr. Chairman, I reserve the balance of my time.
  Mr. BARTON of Texas. Mr. Chairman, I yield 2 minutes to the gentleman 
from Illinois (Mr. Shimkus), a distinguished member of the committee.
  Mr. SHIMKUS. Mr. Chairman, I'm going to count to 10 and make sure I'm 
calm and deliberative. I do appreciate my friends on the other side.
  Throughout the process in our committee, numerous times I've heard 
the promise that we will have coal provisions in the Greenhouse Gas 
Bill this fall, and I think we kind of heard it again today. I am 
skeptical. I am a doubter. I don't believe it will happen. That's why 
I'm upset about the bill today.
  We just heard Education and Workforce people talk about jobs. I'll 
talk about jobs; coal-to-liquid jobs. One coal-to-liquid refinery that 
produces 80,000 barrels of coal-to-liquid, a thousand jobs, 2,500 to 
5,000 construction jobs, 15 million tons of coal per year, and up to 
500 coal mining jobs. Those are real jobs with great benefits and great 
wages.
  Energy security. We have our soldiers deployed in the Middle East, 
and they've been there for a lot of reasons for many, many years. I 
think it was Carter who said the Persian Gulf region was an important 
national security interest. Why? We know why. Crude oil. How do we 
decrease that importance of the Persian Gulf region? We move to coal-
to-liquid technologies, our coal fields to a coal-to-liquid refinery, 
through a pipeline to fuel our aviation assets that the Department of 
Defense really wants.
  What is wrong with this bill? Everything. No soy diesel. No renewable 
fuel standard. No ethanol. No renewable fuel standard. No coal. No 
alternative fuel standard. Nothing on nuclear energy. No expansion. 
There is no supply in this bill. Defeat this bill.
  Mr. BOUCHER. Mr. Chairman, we continue to reserve our time.
  Mr. BARTON of Texas. Mr. Chairman, I reserve the balance of my time 
at this time.
  Mr. RAHALL. Mr. Chairman, I yield myself 1 minute.
  Mr. Chairman, title VII of the pending legislation is the Energy 
Policy Reform and Revitalization Act of 2007, which was produced by our 
Committee on Natural Resources. The fundamental premise behind this 
title of H.R. 3221 is that we must restore accountability and integrity 
in the Federal onshore and offshore energy leasing programs and ensure 
that the public interest is upheld when it comes to managing energy 
development on Federal lands, while advancing alternative energy 
strategies, preserving coal's role in a global climate-sensitive world, 
and addressing the impacts on wildlife, coastal areas, and our oceans 
as a result of climate change.
  There are many issues contained in this title, but at this time I 
would highlight subtitle D. That would initiate a framework for 
enabling our Nation to sequester carbon dioxide under the ground to 
ensure the future use of fuel, such as coal, in an environmentally 
responsible fashion.
  We can talk about ethanol and other biofuels and wind and solar, et 
cetera, all we want, but the fact of the matter is that coal, which 
produces half of our electricity in this country, will continue to be a 
mainstay through the foreseeable future. At the same time, any of us 
representing coalfields in this country recognize that we must, as a 
Nation, aggressively pursue strategies and technologies to capture and 
store the carbon dioxide.
  Mr. Chairman, I reserve the balance of my time.

                              {time}  1130

  Mr. YOUNG of Alaska. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I rise in the strongest opposition to this bill. This 
bill, as brought forth by the majority, will increase the energy costs 
to all Americans. It increases the imports more than we are now, where 
we are now at 67 percent, of foreign oil, sending dollars overseas to 
compete against us and actually raise the war of terror.
  I am shocked that any union would ever support this bill. It will 
lead to the loss of jobs in all sectors of our economy. It is clearly 
the work of those, including the leadership on the other side, who do 
not appreciate the blessings of America's place in the world.
  Prime Minister Margaret Thatcher once said, ``Nothing is more 
obstinate than a fashionable consensus.'' This bill appears to be based 
on the consensus opinion that America is too wealthy, too strong and 
too influential in the world. The way we got there was to build the 
world's strongest economy by using the energy that God gave us.
  The popular consensus of representatives of this bill is if we use 
less energy and make it more expensive then we can unilaterally reduce 
our impact on the world. I have news for those who believe this: Nature 
abhors a vacuum.
  The U.S. has been the world's number one industrial economy since the 
Civil War. Since the Civil War. We got there by using our coal, our 
oil, our natural gas and our brains to create and use more energy to 
amplify human strengths to do more things than any other competitor on 
Earth. Along the way we became number one.
  Now, for the first time since the Civil War, our Nation faces serious 
competition to our number one status from China and India. China just 
surpassed Germany to become the third-largest economy in the world. 
Experts believe that within 20 years they will overcome this Nation. 
And with this bill they will.
  China already produces more CO2 than we do, which is the 
logical outcome of the relentless race to use more energy, because they 
understand energy use means economic growth. They are our competitors. 
They import energy around the world. They consume over half of the 
cement in the world today building their economy for tomorrow.
  So what does this bill do to prepare our Nation for competition? It 
tells us to turn the lights out. That is what this bill does.
  Mr. Chairman, I fear for our Nation. I fear for our young people. I 
fear for a Congress that does not understand that to stay in number one 
requires more energy, not less. Energy is the power of life. I fear for 
a Congress that does not understand the history of our blessed place in 
this continent of the world. I fear for my children and my 
grandchildren because what you are doing here today is dead wrong. And 
anybody who says this is the right thing to do does not understand the 
energy policy at all.
  President Ronald Reagan, who more than anyone understood the spirit 
that makes America great, often referred to our Nation as ``the Shining 
City on the Hill.'' Mr. Chairman, I fear we are witnessing nothing less 
than an effort to turn off the lights in what Ronald Reagan referred to 
as ``the Shining City on the Hill,'' because some believe we need to 
rest in our quest to make the world a better place. Our competitors in 
the world would like us to rest.
  Mr. Chairman, this is a bad bill. There is no energy in this bill at 
all. We are faced with the ability not to have our ships float, our 
trains run, our cars drive and our trucks deliver because there is no 
energy in this bill. And I say shame on you.
  Mr. Chairman, I reserve the balance of my time.
  Mr. RAHALL. Mr. Chairman, I continue to reserve the balance of my 
time.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield 3\1/2\ minutes to the 
gentleman from New Mexico (Mr. Pearce).

[[Page H9726]]

  Mr. PEARCE. Mr. Chairman, I rise in strong opposition to H.R. 3221. I 
rise in strong opposition to the method and strategy promoted in this 
bill, which suggests that it is a new direction towards energy 
security. I don't oppose the bill because it doesn't include any new 
energy. I can tolerate a bill that doesn't include any new energy, and 
this one doesn't.
  But this bill is worse than that. It takes domestic energy supplies 
away. At this time of record energy prices, this bill limits our 
domestic production. This is a San Francisco energy policy that will 
force prices higher, will increase our dependence on oil from Venezuela 
and Iran, and it will send even more of our American jobs overseas.
  The bill is deaf to every signal in this country and around the world 
regarding energy prices. Listening is one of the most important skills 
of a policymaker. I urge the Members of this House to please listen to 
the signals surrounding us.
  Oil shattered another record this week, reaching $78.77 per barrel 
during the trading day. This ``Wrong Direction'' bill cuts off 2 
trillion barrels of American oil from oil shale resources.
  Energy Secretary Bodman called on world producers today to boost oil 
supply of world oil because the U.S. economy is in a ``danger zone.'' 
This ``Wrong Direction'' bill cuts off 10 billion barrels of oil from 
our own National Petroleum Reserve in Alaska.
  On one hand, the Independent System Operator of New England released 
a study today that states that New England's energy rates are among the 
highest in the Nation and they will continue to depend almost entirely 
on the price of natural gas. So New England's energy depends on the 
supply of natural gas, no matter what policies State leaders adopt for 
conserving energy.
  On the other hand, this ``Wrong Direction'' bill cuts off 18 percent 
in Federal onshore natural gas supply by gutting the categorical 
exclusions provisions from the Energy Policy Act of 2005.
  In another move to use energy as a political weapon, Russia announced 
this week that it would again cut off Belarus from natural gas 
supplies. At the same time, Russia is putting a flag on the North Pole 
so that it might drill and continue to feed its hungry energy appetite. 
Meanwhile, this ``Wrong Direction'' bill plays 11th hour games and cuts 
off critical domestic natural gas supplies from the Colorado Roan 
Plateau. The Roan has enough natural gas to power 4 million homes for 
more than 20 years.
  Venezuela announced this week they are coordinating with the Cubans 
to drill offshore Florida. China is already working with Cuba to drill 
off the shore of Florida. And yet we do not harness any of this energy 
for our own purposes. Instead, we allow the Chinese to become even more 
dominant in the world.
  The bill will prohibit government agencies from working together. 
Right now, BLM, the Forest Service, the Environmental Protection 
Agency, the Department of Fish and Wildlife and the Army Corps of 
Engineers all work together in pilot offices that make common sense to 
the American taxpayer. Yet this bill stops them.
  Dow Chemical announced recent plans to build a $22 billion chemical 
facility in Saudi Arabia because natural gas supplies are too tight in 
this country. This ``Wrong Direction'' bill breaches contracts with 
natural gas producers.
  Again, this bill simply does not produce any new energy, but, worse, 
it affects the supply of energy we currently have, diminishing those. 
It is going to put a double squeeze on our economy.
  Mr. Chairman, this is not the best new direction. It is a new 
direction for the country. It is the wrong direction. I oppose the bill 
strongly.
  Mr. RAHALL. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, title VII of the pending legislation is the ``Energy 
Policy Reform and Revitalization Act of 2007'' which was produced by 
the Committee on Natural Resources.
  It is the product of 14 hearings held this year, input from over 100 
witnesses, results from several Government Accountability Office 
reports and Interior Department Inspector General investigations, and a 
marathon markup session during which 46 amendments were considered.
  The fundamental premise behind this title of H.R. 3221 is that we 
must restore accountability and integrity in the Federal onshore and 
offshore energy leasing programs and ensure that the public interest is 
upheld when it comes to managing energy development on federal lands, 
while advancing alternative energy strategies, preserving coal's role 
in a global-climate-sensitive world, and addressing impacts on 
wildlife, coastal areas and our oceans as a result of climate change.
  I would like, at this time, to express my deep appreciation to the 
Members of the Natural Resources Committee who assisted in crafting 
this legislation. To Subcommittee on Energy and Mineral Resources 
Chairman Jim Costa for the many long hours he put into the hearing 
process. To Raul Grijalva, Chairman of the Subcommittee on National 
Parks, Forests and Public Lands who also conducted hearings and 
aggressively fought for public interest provisions in this legislation. 
To Subcommittee on Fisheries, Wildlife and Oceans Chairwoman Madeleine 
Bordallo for her vision in seeking to address issues relating to 
wildlife and our oceans in this measure. And to Grace Napolitano, 
chairwoman of the Subcommittee on Water and Power for her contributions 
as they relate to western water resources as well.
  Last, but certainly not least, I would like to express my deep 
appreciation to the Speaker of the House, Nancy Pelosi, for her 
intimate involvement with the provisions reported by the Natural 
Resources Committee during the process of compiling H.R. 3221.
  Others will speak to the many issues contained in this title, but at 
this time, I will focus on two.
  Subtitle D of this title will initiate a framework for enabling our 
Nation to sequester carbon dioxide under the ground to ensure the 
future use of fuels, such as coal, in an environmentally responsible 
fashion.
  We can talk about ethanol and other biofuels, and wind, and solar all 
we want, but the fact of the matter is that coal--which produces half 
of our electricity in this country--will continue to be a mainstay 
throughout the foreseeable future. At the same time, many of us 
representing the coalfields of this country recognize that we must--as 
a Nation--aggressively pursue strategies and technologies to capture 
and store the carbon dioxide that results from coal combustion.
  There are three provisions of this title which seek to accomplish 
that goal. The first is a national assessment of the geologic capacity 
for carbon storage, focusing on deep saline formations, unmineable coal 
seams, or oil and gas reservoirs capable of accommodating industrial 
carbon dioxide.
  The second directs the Interior Department to devise a regulatory 
framework for conducting geological carbon sequestration activities on 
federal lands. This is extremely important. In the event a suitable 
geologic formation is identified on federal lands, there currently 
exists no clear-cut authority to allow the activity to go forward.
  The third is the biomass utilization program established by this 
title. One of the purposes of this program is to develop biomass 
utilization for energy, including through combustion with other fuels 
such as coal, to achieve cleaner emissions. This is especially 
important in our continued efforts to develop a viable coal-to-liquids 
industry in this country to counter imported oil. Expert studies and 
tests show that when coal is mixed with biomass in the coal-to-liquids 
production process it will produce a cleaner fuel at the tailpipe than 
conventional gasoline.
  The other area of this title which I would like to highlight relates 
to restoring the public interest in the management of our Federal oil 
and gas resources. A number of GAO and Interior Inspector General 
investigations make it abundantly clear that the taxpayers are not 
receiving a fair return for the disposition of these resources as a 
result of royalty underpayments, various schemes and outright fraud.
  The Natural Resources Committee, under my chairmanship, has been very 
aggressive in pursuing these matters. There is a fiduciary 
responsibility to the American people involved here, and if the 
Interior Department will not fully exercise it then the Congress will.
  Provisions of this title will bolster federal audits and provide 
expanded tools for requiring compliance with the payment of federal oil 
and gas royalties.
  This is simply good government, and it belongs in this energy bill.
  Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from California 
(Mr. Costa).
  Mr. COSTA. Mr. Chairman, I want to thank Chairman Rahall, Chairman 
Dingell and other committee chairmen, along with the Speaker, for 
developing this important, far-reaching bill to address many of the 
pressing needs to cut our dependence on foreign oil and gas.
  There are many provisions in this legislation, and we know this 
legislation is a work in progress, but I would

[[Page H9727]]

like to point out an important protection the bill affords for the Roan 
Plateau in Colorado. These protections are of great importance to 
Congressmen Salazar and Udall, as well as the people of Colorado and 
the Nation.
  The Roan Plateau is also, though, as was suggested by our colleague 
from New Mexico, a highly important source of natural gas supply to the 
Nation and will remain so for the foreseeable future.
  Mr. Salazar gives us an opportunity to address both issues. The 
language in the bill specifies that the restrictions on the drilling 
are prospective only and do not apply to private drilling activities. 
It does not apply to roads, rights-of-way access to privately held land 
or production. Nor does it apply to pipelines and infrastructure needed 
to transport natural gas across BLM land to access stem pipelines to 
transport the gas to the rest of the United States.
  Roan area gas is of immense importance to the Nation, with an 
estimated 9 trillion cubic feet of gas reserves. California, my State, 
gets 24 percent of its natural gas from the Rocky Mountains, clean-
burning natural gas which today is the fuel du jour. California is 
struggling, obviously, to come into compliance with clean air 
standards. This supply of natural gas is important.
  Mr. Chairman, in conclusion, this does provide new energy sources, 
solar power, and renewable sources. I want to thank Chairman Rahall and 
Congressman Salazar for their amendment.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield 1 minute to the gentleman 
from Pennsylvania (Mr. Peterson), who has been a leader in this area.
  Mr. PETERSON of Pennsylvania. Mr. Chairman, I rise today to talk 
about the importance of the legislation we are considering. There's 
nothing more important to America's economy and security than 
affordable, available energy, and we are today looking at legislation 
that doesn't deal with that.
  Here is our current use of energy: We are 40 percent dependent on 
petroleum. We are in world short supply at the moment. The oil 
companies are reporting they are most frightened today because of the 
lack of oil availability in the world than they have ever remembered. 
Natural gas, 23 percent. Coal, 23 percent. Nuclear, 8 percent. 
Hydroelectric, 2.7 percent.
  None of these major forms of energy will be enhanced or helped. They 
will be harmed. The legislation coming from the Natural Resources 
Committee will give us less petroleum and increase our dependence on 
foreign supply from unstable parts of the world.
  Natural gas? Nothing. But it will give us less natural gas and make 
us, again, foreign dependent on foreign, from Canada.
  Nothing to help coal.
  We need an energy bill that gives us energy so our renewables can 
grow in order to meet some of our future needs.
  Ms. GIFFORDS. Mr. Chairman, I rise to claim the time alotted to the 
Science and Technology Committee.
  The CHAIRMAN. The gentlewoman from Arizona is recognized.
  Ms. GIFFORDS. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I rise today in support of H.R. 3221, the New Direction 
for Energy Independence, National Security, and Consumer Protection 
Act. This bill will help our Nation make great strides in our efforts 
to simultaneously reduce our dependence on foreign energy and address 
global climate change. I am proud to join with my colleagues on the 
Science and Technology Committee under the leadership of Chairman 
Gordon and Ranking Member Hall to contribute a very strong Science and 
Technology title to this bill.
  This title authorizes funding for research in advanced, experimental 
energy technologies; marine renewable energy technologies to harness 
the power of ocean waves and currents; geothermal energy technologies, 
to tap into the enormous reservoir of heat stored within the earth; 
biofuels, to increase the amount of energy we can extract from our 
agricultural resources; solar energy technologies, to tap into the 
tremendous power of the sun; carbon capture and storage, to reduce the 
carbon footprint of coal-fired power plants; and, of course, global 
climate change.

                              {time}  1145

  Mr. Chairman, all of these important provisions to this legislation 
had bipartisan support within our committee. I look forward to Members' 
support of this legislation, and will continue to work with Members to 
make sure these great provisions go to the President's desk.
  Mr. Chairman, I reserve the balance of my time.
  Mr. McKEON. Mr. Chairman, I rise to claim the Republican time for the 
Education and Labor Committee.
  The CHAIRMAN. The gentleman from California is recognized.
  Mr. McKEON. Mr. Chairman, I yield myself 5\1/2\ minutes.
  Mr. Chairman, I rise in opposition to H.R. 3221, the Democrat Energy 
Scarcity Bill. Congress must act decisively to pass a balanced, 
comprehensive energy policy that creates more American-made energy, 
spurs good jobs, corrects our supply-and-demand imbalance, lowers 
prices for consumers, and strengthens America's ability to compete. But 
the bill before us today would do none of that. Instead of creating new 
energy supplies for consumers, they trap America's vast energy 
resources under ever-more bureaucratic red tape and punitive taxes that 
discourage domestic energy investments.
  As senior Republican on the Education and Labor Committee, I rise in 
opposition not only against H.R. 3221's remarkable lack of any new 
energy, but also against the sliver of the bill marked up out of the 
blue by our committee in June, the so-called ``green jobs'' provision 
in the bill.
  I was chairman of our Postsecondary Subcommittee in 1998 when Members 
of both parties enacted the Workforce Investment Act, or WIA, to 
establish the system of one-stop career centers aimed at providing one 
convenient, central location to offer job training and related 
employment services. While these reforms have been successful, the WIA 
system is still hampered by often unnecessary bureaucracy that prevents 
it from being as effective as it could be for workers and their 
families.
  In response to this, in the last Congress, the Republican-led House 
voted to further streamline and consolidate these programs. Today, 
rather than following suit, H.R. 3221 will add to the duplicative 
nature of these job training programs, all under the guise of ``green 
jobs.'' Make no mistake: this marks a significant step backwards in our 
effort to streamline the delivery of job training services.
  Through the green jobs provision in this bill, though they have 
garnered a great deal of attention from the media and Members, it was 
significant enough to garner the attention of the Department of Labor. 
In an analysis of the language we marked up in committee earlier this 
year, the agency noted that the new program created under this bill 
would duplicate assistance that is available already to help train 
workers under the Workforce Investment Act. As a result, should H.R. 
3221 become law, it would mean more red tape, more bureaucracy, and 
more hurdles for job seekers.
  At a time when Congress purports to be so interested in enhancing 
American competitiveness, making it more difficult for job providers 
and job seekers to become more competitive themselves, surely this is 
not a wise course of action.
  This reverse in course at the heart of H.R. 3221 should not be taken 
lightly. But given the process that has brought us here, I fear it has 
been. The Education and Labor Committee never held a single hearing on 
it, outside stakeholders had little or no time to review it, and the 
bill had been purposely crafted outside the WIA reauthorization 
process.
  However, to meet an artificial deadline for introduction of the 
Democrat Energy Scarcity Bill, our committee was forced to act hastily. 
This ill-considered process is especially discouraging because this 
fall our committee is expected to begin the process of reauthorizing 
the Workforce Investment Act. Indeed, that process is the appropriate 
venue for consideration of the green jobs language considered in the 
bill before us today.
  If we did follow this more responsible process on the green jobs 
language, there are a number of questions Members could and should ask 
about it.

[[Page H9728]]

  For one, Members should know the rationale for giving nonviolent 
criminals priority for training under the green jobs bill. Members also 
should know why the majority choose to circumvent the successful one 
stop program and instead insist the training for green jobs be provided 
through an entirely new and separate line of programs. Finally, Members 
should know why labor unions are given special treatment under this 
bill, when the local workforce investment boards and the business 
community, those that actually provide jobs, are left out in the cold.
  Unfortunately, we will never get an answer to these or any other 
questions about green jobs on the minds of Members, because this 
language has been rushed to the floor. As a result, it will make our 
job training system more cumbersome and less efficient for both green 
jobs training and any other training delivered through the workforce 
investment system.
  Mr. Chairman, before I conclude, I also must note my continued strong 
opposition to the majority's insistence on including controversial 
Davis-Bacon wage mandates in both this and other bills forced through 
the House this year.
  Davis-Bacon wages violate capitalist values of free markets and 
competition, and they can inflate costs of projects by as much as 15 
percent, costs that get passed on to taxpayers. Moreover, they force 
private companies to do millions of dollars more in excess 
administrative work each year.
  At a time when we should be encouraging more investment in our energy 
infrastructure, as this bill purports to do, expanding this mandate is 
an unwise course, and one, I might add, that was never considered 
before the committee of jurisdiction, the Education and Labor 
Committee.
  For these and other reasons, Mr. Chairman, I cannot support H.R. 
3221, the Democrat Energy Scarcity Bill; and I urge my colleagues to 
join me in opposition.
  Mr. Chairman, I yield the balance of my time to the gentleman from 
South Carolina (Mr. Wilson), subcommittee ranking member on the 
Committee on Education and Labor.
  The CHAIRMAN. The gentleman is recognized for 2\1/4\ minutes.
  Mr. WILSON of South Carolina. Thank you, Mr. McKeon.
  Mr. Chairman, I rise today in opposition to this legislation. We have 
heard from many of our colleagues this morning about the flaws of this 
legislation across a range of policy areas. I would like to focus on 
one in particular that concerns many Members of the Committee on 
Education and Labor, and particularly the subcommittee on which I serve 
as ranking Republican, the Subcommittee on Workforce Protections. That 
issue is, of course, that the application of Davis-Bacon prevailing 
wage requirements, which is expanded no less than five times in this 
bill.
  I submitted an amendment to the Rules Committee which would have 
conditioned the effective dates of the Davis-Bacon expansions in this 
bill on the completion of a study by the GAO to determine how effective 
the Davis-Bacon wage system is, and in particular whether progress was 
being made on improving its known flaws. I will give my colleagues some 
background.
  In 2004, the Department of Labor's Office of Inspector General 
examined the Wage and Hour Division's attempt to update the Davis-Bacon 
wage-gathering system, a system that the Department of Labor spent $22 
million updating. The results were troubling.
  The IG report stated: ``Wage and fringe benefit data supplied wage 
and hour, and used in its surveys continue to have inaccuracies and may 
be biased. Further, prevailing wage decisions developed from the data 
are not timely.''
  Indeed, the problems identified are dramatic. My amendment simply 
would have required the Government Accountability Office to examine the 
status of the Department of Labor's efforts to remedy these identified 
flaws and make progress implementing the IG's suggested reforms before 
we expand Davis-Bacon wages and its associated costs in the wholly new 
areas of law.
  That is why I submitted my amendment to rules and why I am 
disappointed we are not debating it today. The Wilson amendment may not 
have solved all of the problems in this bill, but it would have at 
least made an effort to correct one significant issue that we know 
sorely needs fixing.
  As the Democrat Congress endeavors to expand Davis-Bacon into 
unprecedented areas under this bill, states and private parties 
receiving loan guarantees, grants and bonds will now be required to 
comply with the act. That is an unprecedented expansion beyond the 
original purposes of the act. I urge my colleagues to vote ``no.''
  Mr. BOUCHER. Mr. Chairman, I yield myself 1\1/4\ minutes.
  (Mr. BOUCHER asked and was given permission to revise and extend his 
remarks.)
  Mr. BOUCHER. Mr. Chairman, the bill before the House creates broad 
energy efficiencies. Taken together, our 29 separate energy efficiency 
provisions will reduce future greenhouse gas emissions by a total of 
8.4 billion tons cumulatively through the year 2030. In the year 2030 
alone, the reduction will be fully 700 million tons, and that is an 
amount equal to all of the vehicles on America's roads today.
  The efficiency provisions are truly a major step forward in advancing 
American energy policy. They set new standards for lighting that is 
many multiples in advance of today's standards. They set higher 
standards for future models of an array of consumer products, ranging 
from refrigerators, freezers, dishwashers, clothes washers, residential 
boilers, electric motors and furnace fans. They promote green 
buildings, both in the public sector and also in the private sector. 
They create a process to capture much of the heat that today is wasted 
from industrial sites, enabling as much as 60 gigawatts of electricity 
generation from that energy.
  The bill before us is a landmark accomplishment. It will make America 
more energy efficient and more energy independent.
  Mr. Chairman, I reserve the balance of my time. I would say to the 
gentleman from Texas that we do not have other speakers on this side, 
except for the potential to close on this side at the end of this 
debate.
  Mr. BARTON of Texas. What is the intention of the controller of the 
time for the Energy and Commerce Committee on the majority? Are you 
about to yield back? Are you going to reserve?
  Mr. BOUCHER. If the gentleman would yield, we are reserving the 
balance of our time. We do not have additional speakers on this side 
for general debate. We do reserve the potential for a brief close in 
general debate, but that will be the extent of general debate on our 
side.
  Mr. BARTON of Texas. Then, Mr. Chairman, I reserve the balance of the 
Energy and Commerce time on the minority side until the end of the 
general debate.
  Mr. BOUCHER. If the gentleman from Texas would yield again for a 
moment, what we are attempting to do actually is facilitate the debate. 
At this point in time, if the gentleman is prepared to use his time, we 
would yield back the balance of our time.
  Mr. BARTON of Texas. All right. Then I would yield myself 5\1/2\ 
minutes, with the understanding, I want to make sure before I do this 
Mr. Boucher or Mr. Dingell or some member of the Energy and Commerce 
Committee is going to speak after I speak. Is that correct?
  Mr. BOUCHER. No, I would say to the gentleman from Texas that we are 
prepared at this point to yield back the balance of our time.
  Mr. BARTON of Texas. Then I will yield myself, I believe I have 5\1/
2\ minutes, is that correct?
  The CHAIRMAN. That is correct.
  The gentleman is recognized.
  (Mr. BARTON of Texas asked and was given permission to revise and 
extend his remarks and include extraneous material.)
  Mr. BARTON of Texas. Mr. Chairman, first let me say some positive 
things. I want to commend Chairman Dingell and Subcommittee Chairman 
Boucher for the number of hearings that they have held on this issue in 
this Congress and this committee. I want to commend them for the draft 
that they circulated earlier this year in which they attempted to put 
forward a bipartisan energy bill that actually had real energy in it. 
Unfortunately, the draft that Subcommittee

[[Page H9729]]

Chairman Boucher circulated was hijacked. I am not sure what happened 
to it, but it just kind of disappeared.
  We had six committee prints that were marked up at subcommittee and 
full committee. They were artfully crafted in such a way that no 
amendment that dealt with energy was germane to the committee prints. 
As I said at the full committee markup, I am in awe of the 
parliamentary expertise, but I was not in awe of the substance of the 
actual amendments or the actual committee prints.
  This is the first Congress that I have served in in which there has 
not been a bipartisan approach to energy policy. In all the previous 
Congresses that I have served in, whether you had a Democrat majority 
or a Republican majority, when it came to energy policy, we tried to be 
bipartisan. For some reason, so far in this Congress that has not been 
the case.
  If you look at the complete text of the bill that is before us, you 
see things in it that have never been seen before in an energy bill.

                              {time}  1200

  There is some sort of a Clean Energy Foundation that is appropriated 
$100 million that apparently has the authority to enter into contracts, 
perhaps even binding contracts, with foreign governments. That is not 
from the Energy and Commerce part of the bill, but it is in one of the 
titles in the bill.
  We don't have anything on clean coal technology. We don't have 
anything on oil and gas. There is in the Energy and Commerce section of 
the bill, there is something to try to clarify the loan guarantees with 
regard to new construction of nuclear power plants which was considered 
in the Energy Policy Act of 2005.
  There are some sections of the bill that deal with building codes, 
and one could argue that section of the bill preempts State and local 
building codes. I'm not sure that is the kind of energy policy that we 
really want to implement, where Washington knows better than your local 
government what the building codes should be.
  There is a provision that says ``by date certain''. I think the date 
certain is 2050, that every building in America has to, on a net basis, 
consume no energy. There are some exclusions based on reasonableness, 
but there is no exclusion based on cost, including the building that we 
are currently in, the Capitol of the United States of America.
  Can you imagine what it is going to cost if this bill becomes law to 
make the U.S. Capitol on a net basis use no energy? I am not sure it 
could even be done, but if it can be done, it is going to be enormously 
expensive.
  For some of the reasons I have already outlined, the administration 
has said they are going to veto the bill. So this is really an exercise 
in sterile futility because this bill isn't going anywhere. I am not 
even sure it will be attempted to be conferenced with the other body.
  This is not the way I conducted energy policy when I was chairman of 
the Energy Committee. I believe it is probably not the way that the 
current chairman of the Energy and Commerce Committee really wants to 
conduct energy policy. This is really a political exercise to give some 
Members of the majority party a forum to put forward their pet ideas 
and pet projects. But it is not good for the country, and it is not 
good energy policy, and it should be defeated in the strongest possible 
terms.
  Mr. Chairman, U.S. reliance on unstable foreign sources of oil is at 
an all-time high. The world price of oil set a record just this week. 
Refinery capacity is shaky and shrinking fast, and I remind everyone 
here for the umpteenth time that no new refinery has been built in 
America in more than 30 years.
  Americans want to know when we will start producing more of our own 
energy at prices that real people can afford to pay. I want to know how 
much ordinary Americans have to endure before the Democratic majority 
takes any action that actually matters on cutting fuel costs to working 
people?
  Take natural gas. It used to be cheap, but now it's expensive and we 
burn too much of it for the purpose of generating electricity. That's a 
big part of the reason that it costs so much to heat and cool a home, 
but people also pay extra in the products and services they buy because 
pricy electricity drives up manufacturing cost. Sometimes it even 
drives industry and jobs out of the country.
  Coal is our Nation's most abundant energy source, but the Democratic 
leadership doesn't see it that way. They are mostly interested in 
astonishingly costly and barely viable energy sources rather than the 
cheapest and most abundant, and it will be ordinary working Americans 
who will pay the cost of their policies. Don't get me wrong. Windmills 
and solar arrays are worthy of our support, but so is the cheapest and 
most abundant fuel we have. Yet coal, whether it's clean or liquefied 
or both, is just not on the Democratic majority's political agenda at 
any cost.
  Even the energy efficiency parts of the Democratic bill are more 
sticks than carrots. For example, nearly everybody thought it would 
best if air conditioners and furnaces were built to match specific 
regions' particular energy needs. Who hasn't noticed that the summers 
in Texas are a little different than the summers in Maine? I'm here to 
tell you that the winters are different, too.
  Most of us thought that buyers should get to decide on the heating 
and cooling equipment that works best for them. But instead of giving 
consumers information and choices, we're going to punish retailers who 
have the gall to let their customers decide what they need and want. In 
the view of the Democratic majority, Washington knows what's best.
  In 2007, our America faces energy challenges on every front, but on 
this sorry day, we're not going to do anything about them. We are 
engaged here today in what is laughingly called a debate about an 
energy bill. This is hardly a debate, and this is certainly not an 
energy bill.
  I hope we can stop this nonsense and start over and get it right. I 
urge my colleagues to take every opportunity today to achieve that 
noble goal.
  Mr. Chairman, I yield back the balance of my time.
  Mr. BOUCHER. Mr. Chairman, I yield back the balance of my time.
  Mr. HALL of Texas. Mr. Chairman, I rise to claim the time of the 
Science and Technology Committee and presume in all this finagling I 
haven't lost my 7\1/2\ minutes.
  The CHAIRMAN. The gentleman has 7\1/2\ minutes.
  Mr. HALL of Texas. Thank you, sir.
  Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I have said it here before and I will keep on saying 
it. For some reason, there is a war going on today against energy from 
fossil fuels, and I am not really sure why. Anyone ought to be able to 
understand that, to be less dependent on foreign sources of oil and to 
increase our national security, we need conventional, renewable, and 
alternative sources of energy. Our country at this time will not be 
able to continue to thrive and lead the world on renewable energy 
alone. Punishing the oil and gas industry, hindering alternative uses 
of clean coal and stifling nuclear power will ensure that the United 
States loses its place as a world leader.
  Make no mistake, I support the continued development and increased 
use of renewable energy but not at the detriment of fossil fuels and 
clean nuclear energy that we absolutely have to have today.
  The bill before us today includes many provisions of research and 
development into renewable energies that I support, but there is not 
one thing in this bill that would encourage the development or 
production of oil and gas in our country or off our country's coast, 
which is the only way we are going to decrease our imports in the near 
term.
  Why? What on earth are my friends on the other side of the aisle 
afraid of? I can't for the life of me understand the pure venom that is 
felt for the oil and gas industry.
  At this time in our country's history, more than any other time, when 
we are up against terrorists who have no fear of dying and only want to 
kill as many Americans as they can, we need to develop our domestic 
sources of energy for ourselves. We need to reduce our imports and our 
dependence on OPEC. And, yes, we need to continue developing renewable 
and alternative sources of energy to eventually help displace our use 
of oil and gas. But it is not going to happen next year or in the next 
10 years. We need to be realistic about this and deliberate about this 
and come together about this because I believe Republicans and 
Democrats alike care about our youngsters and care about the future of 
this country.
  Mr. Chairman, I am disappointed that this bill has energy 
independence and national security in its title. I think it is 
misleading. We can't become independent and secure on energy

[[Page H9730]]

deficiency and research and development alone. We definitely need them, 
but they can't carry the weight of our country's energy needs.
  As the ranking member of the Science Committee, I would like to focus 
on the science side of the bill. While I feel there is some good 
research and development in the science title, I am disappointed to see 
that ARPA-E is in there again. We just passed it as part of the 
Competitiveness bill on Thursday after 2 months of negotiations. The 
Senate passed it on Friday, and it is on its way to the President's 
desk.
  I am as opposed to it today as part of this bill as I was on Thursday 
when it was a part of the other bill. I am especially troubled that 
this version costs billions more than the one we just passed. I still 
believe it is unnecessary and could divert very valuable resources away 
from the Office of Science.
  During committee markups, I, along with several other of my 
Republican colleagues, offered amendments that would have improved upon 
the bills, but they were voted down by every Democrat on the committee. 
These were commonsense provisions I thought and we thought that would 
have ensured that our most abundant domestic source of energy, coal, 
would continue to be a part of the energy future as an alternative 
fuel.
  One amendment by Mr. McCaul from Texas simply added coal-to-liquids 
refineries to a list of facilities that could be a source of carbon 
dioxide for the large-scale sequestration demonstrations in the carbon 
capture and sequestration bill.
  I offered an amendment to research ways to blend coal-to-liquids 
fuels with biofuels in order to prolong the supply of both. This would 
have helped to mitigate the potential negative effects that increased 
biofuel development would have on our food supply and on our prices. My 
friends on the other side of the aisle have decided that coal is a 
four-letter word when, instead, they ought to be looking at it as a 
ticket to independence.
  Our greatest generation is no longer my generation, but it is our 
children and our grandchildren's generation. Let's not leave them with 
no choice but to fight wars all over the world for energy because our 
leadership here continues to put forth legislation that stifles 
domestic production of oil and gas and shuts out coal and shuts out 
nuclear energy sources.
  Mr. Chairman, I reserve the balance of my time.
  Mr. RAHALL. Mr. Chairman, I yield myself the balance of my time for 
the Committee on Natural Resources.
  Mr. Chairman, to follow on my previous comments and to respond to 
many of the comments made on the minority side, there are those on the 
majority side representing coal fields of this country that recognize 
that we must as a Nation aggressively pursue strategies and 
technologies to capture and store the carbon dioxide that results from 
coal combustion.
  There are three provisions in the natural resources title which seek 
to accomplish that goal. The first is a national assessment of the 
geological capacity for carbon storage, focusing on deep saline 
formations, unmineable coal seams or oil and gas reservoirs capable of 
accommodating industrial carbon dioxide.
  The second initiative directs the Interior Department to devise a 
regulatory framework for conducting geological carbon sequestration 
activities on Federal lands. This is extremely important considering 
future actions this Congress may take in this area. In the event a 
suitable geological formation is identified on Federal lands, there 
currently exists no clear-cut authority to allow that activity to go 
forward.
  The third is the biomass utilization program established by this 
title. One of the purposes of this program is to develop biomass 
utilization for energy, including through combustion with other fuels 
such as coal, to achieve cleaner emissions. This is especially 
important in our continued efforts to develop a viable coal-to-liquids 
industry in this country to counter imported oil. Expert studies and 
tests show that when coal is mixed with biomass in the coal-to-liquid 
production process it will produce a cleaner fuel at the tailpipe than 
conventional gasoline.
  In conclusion, on our title VII of the Natural Resources part of this 
bill, I would like to highlight provisions which aim to restore the 
public interest in the management of our Federal oil and gas reserves.
  A number of GAO and Interior Inspector General investigations made it 
abundantly clear to our committee that the taxpayers are not receiving 
a fair return for the disposition of their resources as a result of 
royalty underpayments, various schemes and outright fraud.
  The Natural Resources Committee has been very aggressive in pursuing 
these matters. There is a fiduciary responsibility to the American 
people involved here, and if the Interior Department will not fully 
exercise it under this administration, then those of us in Congress on 
our committee will.
  Provisions of this title will bolster Federal audits and provide 
expanded tools for requiring compliance with the payment of Federal oil 
and gas royalties. This is simply good government.
  Our portion of this bill provides for transparency, accountability, 
and a fair return to the true owners of these Federal lands, the 
American taxpayer. No longer can we allow the American taxpayer to be 
ripped off, to not receive their fair share for the disposition of 
their resources. No longer can we allow cronyism, fraud and abuse to 
exist in the Department of the Interior.
  I conclude by saying that the Natural Resources portion of this bill 
is a good bill. The underlying bill is a good bill. I salute our 
Speaker, a true leader, who has addressed the concerns of many members 
of our caucus, who has an intimate grasp of the details of this 
legislation. Under Speaker Pelosi's leadership, we are advancing in 
this particular legislation energy independence for this country, a 
freeing of our reliance upon foreign, unstable sources of oil that 
imperil not only our national security but imperil the lives of our 
young men and women.
  This bill helps restore that integrity and that independence. I urge 
all of my colleagues to vote for the underlying bill.
  Mr. Chairman, I yield back the balance of my time.
  Mr. HALL of Texas. Mr. Chairman, I yield 2 minutes to the gentleman 
from Illinois (Mr. Shimkus).
  Mr. SHIMKUS. Mr. Chairman, I want to talk about natural gas for a few 
minutes. Natural gas is a major commodity product in a lot of what we 
do in our country. I think this chart basically shows that as the price 
of natural gas goes up jobs go down. We are not competitive with 
countries around the world on natural gas.
  Look what we have done and what we continue to do in this bill. It is 
amazing how our major coastal States want to drive us to energy 
efficiency, they want to use electricity, but they don't want us to use 
the natural resources off their coast.
  This is a map of our country. It shows all the areas in red that are 
off limits for natural gas exploration. So we have the States of 
Massachusetts, Maine, Vermont; we have the great State of California, 
Oregon, Washington State. Guess what? It is okay if we use natural gas, 
but don't get it from our Outer Continental Shelf.
  What do they do in this bill? They put a big ``don't get it from'' 
the mountain States any more. So we continue to want to use 
electricity, we continue to want to use natural gas, but you know what, 
we don't want to explore for it. That is why I am concerned about this 
bill.
  I have great friends, and I appreciate the efficiency debate. Light 
cars, light bulbs, it could be a little bit of help.

                              {time}  1215

  But if we don't move with a renewable fuel standard, if we don't use 
coal in an alternative fuel standard, if we don't continue to move on 
ethanol, if we don't expand nuclear options and hopefully move to a 
hydrogen economy, we're kidding ourselves. We have to do both. To come 
to this floor and say that this is going to decrease our reliance on 
imported crude oil and this is going to make us safer is not correct.
  Vote against this bill.
  Ms. GIFFORDS. Mr. Chairman, we have no speakers. Would my friend from 
Texas please rise for a question?
  Mr. HALL of Texas. If I might inquire first before I answer the 
gentlewoman from Arizona, how much time do I have remaining?

[[Page H9731]]

  The CHAIRMAN. The gentleman from Texas has 30 seconds remaining.
  Mr. HALL of Texas. 30 full seconds. Now, go ahead.
  Ms. GIFFORDS. We have no additional speakers. We're prepared to yield 
back our time.
  Mr. HALL of Texas. Mr. Chairman, I yield myself the remaining time.
  (Mr. HALL of Texas asked and was given permission to revise and 
extend his remarks.)
  Mr. HALL of Texas. I just want to simply say that at a time when we 
import 60 percent of our oil from OPEC countries and others, we need to 
be encouraging domestic production of fossil fuels. We have it. We 
don't have anywhere else to turn.
  I just think energy is such a national security issue, not a partisan 
political issue. We have to move beyond partisan rhetoric and pass a 
sensible energy legislation that would promote all sources of energy, 
increases our domestic capacity, reduce the cost of energy, promote 
technologies to make fossil fuels including coal, clean coal cleaner 
and more efficient.
  This week Democratic House leaders have been scrambling to get energy 
legislation to the floor before Congress recesses for August, yet the 
bill they are hoping to pass today doesn't create any new energy and 
doesn't help meet America's energy needs.
  At a time when we import 60 percent of our oil from OPEC countries, 
we need to be encouraging domestic production of fossil fuels. The 
Democrats' energy bill doesn't expand our domestic energy supply one 
drop of oil.
  Our economy depends on fossil fuels, yet opponents of oil and gas 
continue to push legislation to raise taxes on our domestic energy 
producers and refiners, making American energy more expensive, and 
making us even more dependent on foreign, unstable regimes.
  Bio-fuels and other alternative energy sources have great potential, 
but are not ready to replace fossil fuels on a large scale in our 
domestic energy portfolio. As ranking member of the Science and 
Technology Committee, I believe that one day the investments we make in 
research and development into alternative energy will make a big 
difference, but right now Americans need clean, affordable, and 
abundant energy--and I'm afraid the bill before us today does not 
advance this goal.
  Comprehensive energy solutions must include all sources of energy. 
Not only should we invest in research and development for technologies 
that promote renewable and alternative sources of energy, but we should 
also invest in technologies that make existing energy sources cleaner, 
more affordable and more efficient. At the same time, we must continue 
to support the domestic oil and gas industry in order to reduce our 
dependence on foreign oil. We cannot turn our backs on the fossil fuels 
that have made our country what it is today.
  Energy is a national security issue--not a partisan political issue. 
We must move beyond partisan rhetoric and pass sensible energy 
legislation that promotes all sources of energy, increases our domestic 
capacity, reduces the cost of energy, and promotes technologies to make 
fossil fuels, including coal, cleaner and more efficient.
  Mr. Chairman, I yield back my time.
  Ms. GIFFORDS. Mr. Chairman, I yield back my time as well.
  Mr. OBERSTAR. Mr. Chairman, I claim the time for the Committee on 
Transportation and Infrastructure and yield myself such time as I may 
consume.
  The CHAIRMAN. The gentleman from Minnesota is recognized.
  Mr. OBERSTAR. The European community nations have achieved a 
remarkable milestone. They have achieved a 10 percent mode shift from 
automobiles to transit. The State of New Jersey has also achieved a 
mode shift to 10 percent of all travel by transit. If we can make that 
mode shift nationwide in the U.S., we will save the equivalent of all 
the oil we import from Saudi Arabia. That's 550 million barrels a year.
  The recommendations from the Committee on Transportation and 
Infrastructure incorporated in this bill will move us in that 
direction.
  We authorize $1.7 billion of capital operating funds for transit 
agencies to reduce fares and expand services, to purchase alternative 
fuel buses, alternative fuel locomotives, ferries, and refueling 
facilities.
  If the alternative transit program had been continued with vigor, 
there was a very successful hydrogen bus initiative that produced 
vehicles that operated in Santa Barbara, California, that I had the 
privilege of going out there to ride in those buses. We can achieve 
those goals without a Manhattan Project or without a man on the moon 
project because we have the technology already in hand.
  Our legislation also increases the Federal share for Congestion 
Mitigation and Air Quality Improvement funds to increase incentives for 
States to use those funds. We authorize funding for the purchase of 
green locomotives and track improvements for short-line railroads.
  The private line, private sector rail companies have had great 
success with their green goat switch engines in makeup yards for 
freight rails, producing vastly less particulates and CO2 
and NOX in those areas which are very close to habited 
communities that feel mostly the effect of the noise and the air 
pollution, vast reductions in already existing technology with no loss 
in efficiency but also savings of cost.
  We also authorize $2 billion in loan guarantees to establish a short 
sea shipping transportation program which would be very beneficial on 
the Great Lakes, would help reduce the congestion in Chicago, and would 
improve the coastwise trade on the east, west and gulf coast regions of 
the United States.
  We also require GSA, General Services Administration, to install 
energy-efficient light bulbs in Federal buildings, including to 
photovoltaic systems. We require the Department of Energy to construct 
a sun wall on its headquarters. Actually, that building was 
constructed, the south wall, with no windows or doors to accommodate 
solar application. We reported that bill early in the work of our 
committee with the support of our ranking member, Mr. Mica, and 
enthusiastic bipartisan vote in the committee to use money out of the 
public building fund to build that wall so that at the end of the day 
the Department of Energy will pump excess electricity into the Pepco 
grid system and run all of the elevators, escalators, computers, 
lights, anything that runs on electricity by photovoltaics. We already 
have technology. We need to do that. Our provisions in this bill will, 
using what already exists to save energy, reduce costs.
  And I just add one further item, and that is on the General Services 
Administration, our committee has jurisdiction over 366 million of 
square feet of Federal office space. The electricity bill annually is 
$5.8 billion. If we install photovoltaic cells on all those buildings, 
we can save 90 percent of that cost and save also the consumption of 
coal and natural gas, whatever it takes to produce the electricity for 
those buildings.
  These are all realistic, within grasp, available technology 
initiatives that we bring to you in a very practical way.
  Mr. Chairman, I reserve the balance of my time.
  Mr. MICA. Mr. Chairman, I rise to claim the time in opposition.
  The CHAIRMAN. The gentleman from Florida is recognized.
  Mr. MICA. Mr. Chairman, actually I'm pleased to be here on a Saturday 
because we should be here on Saturday, Sunday, Monday and through the 
entire week to address the issue of energy independence for this 
Nation. People who drive up to the gas pump want some relief from high 
energy costs. People who get their bill at home and are struggling to 
pay that high power bill are being challenged, people on fixed incomes, 
and also, the country's being held hostage now importing so much fossil 
fuel.
  And this is all supposed to be about climate change. We all want to 
preserve and protect the climate. We had a little piece of this in the 
T&I Committee. But actually we could make a big impact, because if you 
look at the emissions into the atmosphere that are causing global 
warming and some of the problems, power generation is one of the 
biggest generators of that pollution and degradation of our 
environment. And then transportation, all you've got to do is look at 
the cars and trucks and the use of energy and then polluting our 
environment and adding to the warming of the climate.
  But unfortunately, in our committee markup, Republicans tried to add 
some real energy policy changes to this bill, and they didn't accept 
them, the Democrats didn't accept them. For example, Congresswoman 
Thelma Drake from Virginia, she had an excellent amendment to lift some 
of the limitation on congestion mitigation and air

[[Page H9732]]

quality funds to allow the CMAQ money, this type of money the Federal 
Government allows, to be used for capacity expansion projects.
  The Democrats claim that this legislation is about climate change, 
and really, the leading causes of greenhouse gas emissions, as I said, 
is traffic and, actually, congestion.
  Addressing the problem of congestion, if we'd done that, we would 
really be doing much more for a solution to reduce emissions and 
improve our air quality. That was turned down by the other side. I 
could give you a lot of statistics, and I'll include them in the Record 
of what it would do. So the Democrats rejected this effort.
  Let's look at another Republican recommendation. Sam Graves, an 
outstanding representative from Missouri and one of the ranking 
members, offered an amendment in committee, and it was included in the 
Republican alternative, to streamline the pipeline permitting process 
to allow just for repairs, and it was rejected. This is getting some of 
the fossil fuel on a temporary basis to where it needs to go and also 
for gas and other substances that make us less dependent on the fossil 
fuels that cause pollution.
  And finally, the Republicans offered an alternative that the 
Democrats refused to make in order that identify deepwater ports that 
we can use for L&G facilities to bring in liquefied natural gas on an 
expedited basis when it's in the national interest. So, again, we 
become less reliant on the types of fossil fuels that pollute and cause 
global warming.
  So we attempted to work with the other side for real solutions that 
we could have put in in addressing the problems that transportation 
contributes again to global warming and these bad emissions in our 
atmosphere were rejected.
  Mr. Chairman, I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I listened with interest to my good 
friend from Florida about our committee markup on this legislation, and 
I do think that a correction to the record is in order.
  The Drake amendment would have amended the Congestion Mitigation and 
Air Quality Improvement Program to allow construction of new single-
occupancy vehicle lanes. That hardly contributes to energy 
conservation. CMAQ is intended for high-occupancy vehicle lanes. 
Ninety-eight percent of the STP and NHS programs can be used for 
single-occupancy vehicle lanes. CMAQ, since ISTEA in 1991, has been an 
energy conservation and air quality improvement program. That amendment 
would have set us back rather than moved us forward.
  The L&G provision the gentleman referenced, the amendment was 
directed at a provision in the existing safety law legislation in the 
State of Massachusetts, one which the entire Massachusetts delegation 
supported in 2005, and the existing law and this provision would have 
overturned or significantly amended that language and was vigorously 
opposed by the entire Massachusetts delegation.
  Mr. Chairman, I reserve the balance of my time.
  Mr. MICA. Mr. Chairman, may I inquire as to how much time I have 
remaining.
  The CHAIRMAN. The gentleman from Florida has 3 minutes remaining. The 
gentleman from Minnesota has 1 minute remaining.
  Mr. MICA. Mr. Chairman, I yield 2\1/2\ minutes to the gentlewoman 
from West Virginia (Mrs. Capito).
  Mrs. CAPITO. Mr. Chairman, I rise in strong opposition to this 
misguided energy bill, or the ``energy without half the lights on'' 
bill.
  There's a saying in West Virginia that coal keeps the lights on, but 
H.R. 3321 effectively turns off the lights on the country's energy 
supply. It's important to our economy, to family budgets, and to 
businesses across the country that we increase our supply of 
domestically produced energy of all types. That includes energy from 
renewable sources, like wind, but it should also include more 
traditional energy sources like clean coal and natural gas that provide 
the bulk of our country's energy.
  We need to take advantage of our own natural resources to reduce our 
reliance on foreign oil. Yet the bill we consider today does nothing to 
support clean coal to liquid fuels. This country has a 240-year supply 
of coal that could be used to replace some of the imported oil we 
currently use for transportation fuel. Coal provides over one-half of 
our Nation's electricity and well over 95 percent of the power in my 
State of West Virginia.

                              {time}  1230

  Where is it in this bill? This is the ``no energy'' energy bill. 
Clean coal has the potential to be a major part of the solution in 
reducing our reliance on foreign oil through many technologies, among 
those, coal-to-liquid.
  Besides being a major coal producer, my State of West Virginia also 
has a large oil and gas business and a large chemical industry that 
relies on natural gas as a feedstock. This bill's provisions will 
likely delay or reduce access to a significant portion of our natural 
gas reserves.
  Increasing natural gas prices will drive up the cost of chemical 
manufacturing and cost more workers in this industry their jobs. An 
economist in my local paper this morning said, ``The fewer lands open 
for drilling, the higher the price for natural gas. It's not a good 
thing for consumers.''
  It simply defies logic that this House, on one hand, can condemn the 
high cost of energy price at the pump, heating and cooling, while on 
the other hand refuse to act on clean coal legislation, coal 
liquefaction, and cut off access to domestic oil shale and natural gas.
  If the new direction in domestic policy means turning our back on 
domestic coal or turning off half our lights and if it means cutting 
off our access to our own natural gas and oil shale so we can be held 
hostage by foreign countries for energy or if it turns out half the 
lights or 95 percent of the lights in my State of West Virginia, I want 
no part of it.
  I urge my colleagues to reject this energy legislation.
  Mr. MICA. Might I inquire again about the time remaining?
  The CHAIRMAN. The gentleman from Florida has 30 seconds remaining. 
The gentleman from Minnesota has 1 minute and the right to close.
  Mr. MICA. Mr. Chairman, I yield myself the balance of my time.
  First, on the issue of capacity expansion process, studies have shown 
that improving traffic flow at more than 200 identified bottlenecks 
would reduce carbon emissions by as much as 77 percent. That's that 
single lane.
  On the bridge in Massachusetts, the Democrats were all in favor of 
taking down a 100-year old bridge and replacing it. We are replacing 
that bridge. That new bridge will be in place. Now they found out that 
the old bridge will block the liquified natural gas tankers from going 
up. They wanted that bridge removed. That bridge is still going to be 
there and blocking their natural gas from getting to where it needs to 
go. Unbelievable.
  Mr. OBERSTAR. Mr. Chairman, I yield myself the balance of my time.
  The gentleman fully knows the issue at hand in Massachusetts. The 
entire Massachusetts delegation knows their State better than we here 
in this body.
  As for the capacity issue, that amendment was never offered.
  Our bill does keep the lights on, but with photovoltaic, energy 
efficient lighting, compact fluorescents. To reduce the cost, save the 
use of coal so that it can be directed to more important industrial 
purposes like producing steel, we do have an energy conservation and 
energy-creating program that we bring to the floor in our portion of 
this legislation.
  I was actually out this morning myself helping the energy issue, 
consuming 900 calories on the seat of a bicycle, rather than consuming 
a gallon of gasoline in my car.
  In fact, if we all did that, we could save that eight barrels of oil 
a year, consume 86,000 calories on the seat of a bicycle and convert 
from a hydrocarbon economy to the carbohydrating economy.
  Mr. LANTOS. Mr. Chairman, I claim the time allotted to the Committee 
on Foreign Affairs.
  The CHAIRMAN. The gentleman is recognized.
  Mr. LANTOS. Thank you, Mr. Chairman.
  Let me first commend Speaker Pelosi for orchestrating an incredibly 
complex set of provisions across the full spectrum of issues and 
committees. It was a masterful achievement, and we are all in her debt.

[[Page H9733]]

  Mr. Chairman, I yield myself as much time as I might consume.
  Mr. Chairman, climate change presents a challenge to all of humanity. 
The bill before us today includes several groundbreaking international 
provisions to ensure America's role as the world's leader in the fight 
to save the planet, not as a reluctant and grudging participant.
  Passing our bill will mark a historic turning point in this country's 
engagement with the international community on global warming. No 
longer will we debate and delay endlessly dealing with this crisis. No 
longer will we send low-level bureaucrats to crucial international 
climate change meetings with express marching orders to muzzle the 
science and to obstruct action.
  I am very pleased that my friend from New Jersey, Congressman Chris 
Smith, joined me as the chief Republican cosponsor of the international 
provisions included in this bill.
  Our legislation passed the Foreign Affairs Committee overwhelmingly 
on a bipartisan basis, and I encourage all of our Members to vote for 
this historic legislation.
  Mr. Chairman, I reserve the balance of my time.
  Ms. ROS-LEHTINEN. Mr. Chairman, I claim the time in opposition.
  The CHAIRMAN. The gentlewoman from Florida is recognized.
  Ms. ROS-LEHTINEN. Mr. Chairman, I yield myself such time as I may 
consume.
  We all agree that the United States can be a leader on a number of 
global and environmental issues and we seek to find innovative ways to 
address these challenges.
  This bill is not the answer. It is merely a compilation of 
regulation, increased funding, and the creation of additional layers of 
bureaucracy.
  Title II of this bill, the Foreign Affairs title, sets up a new 
office structure at the State Department to focus on climate change, 
but it ignores the fact that we already have an office in the 
Department's Bureau of Oceans, Environment and Science that deals with 
these very issues. The bill is silent on how many new personnel will be 
needed for this new office and at what cost.
  This legislation also seeks to ignore the current efforts in the 
existence of the senior climate negotiator and special representative 
by creating a new duplicative decision. Title II, section C, of this 
bill proposes a new, federally supported organization entitled the 
International Clean Energy Foundation, which would duplicate the grant-
making work of the State Department, USAID, and the United Nations.
  The bill authorizes $100 million over 5 years for this Foundation and 
essentially guarantees that the Foundation will exist forever.
  In fact, following passage by the Foreign Affairs Committee of a bill 
which became title II of H.R. 3221, we received an estimate from the 
Congressional Budget Office which says that just the Foreign Affairs 
title of the bill would cost $772 million over the years 2008 to 2012. 
That is $772 million over 5 years.
  A few short months ago, we had a debate in the House on the 
Intelligence authorization bill, which contained a provision mandating 
that the intelligence community use its resources to develop a National 
Intelligence Estimate on the issue of global warming. We thought that 
the majority would wait to receive an assessment of the nature and 
extent of the problem, as well as a range of factors contributing to 
the problem before having the House vote on this bill. But this was not 
to be.
  As public servants, our overarching responsibility should be to do no 
harm. This legislation, I agree, runs contrary to that principle.
  We all share a desire to do more to exert U.S. leadership in the 
environmental realm. We must be careful not to fool ourselves into 
believing that throwing money at the problem and adding layers of 
bureaucracy are truly effective ways of addressing this issue.
  Mr. Chairman, I urge my colleagues to vote ``no'' on the bill, and I 
reserve the balance of our time.
  Mr. LANTOS. Mr. Chairman, I yield to my friend from New York (Mrs. 
Maloney) for a unanimous consent request.
  (Mrs. MALONEY of New York asked and was given permission to revise 
and extend her remarks.)
  Mrs. MALONEY of New York. I thank the gentleman for yielding.
  Mr. Chairman, I rise in strong support of H.R. 3221, the New 
Direction for Energy Independence, National Security, and Consumer 
Protection Act. This bill will truly lead us in a new direction. By 
investing in renewable energy technologies and landmark energy 
efficiency efforts, we'll be creating millions of green jobs in our 
economy. With the government taking the lead in reducing greenhouse 
gases, we'll be setting the right example and setting the bar high. By 
encouraging high-payoff energy technology R&D, we'll be spurring 
innovation in solar, geothermal, and marine renewable energy. And by 
taking steps to increase accountability in the payment of federal oil 
and gas royalties, we'll be doing more to ensure the American taxpayers 
are being paid their fair share in royalties from oil and gas 
companies.
  One important addition that I believe must be included in the bill is 
a 15 percent Renewable Electricity Standard. I hope my colleagues will 
support the Udall amendment to put our Nation on a path toward a clean 
energy future.
  Another important improvement to the bill would be the addition of a 
study of ways to improve the accuracy of collection of federal oil and 
natural gas royalties. The American taxpayers are possibly being 
cheated out of billions of dollars in royalties owed to them by energy 
companies, and an amendment I offered to the Rules committee to ensure 
such a study would help get taxpayers the royalties they are due.
  Lawsuits have been filed alleging that energy companies are 
underpaying billions of dollars in royalties because of these 
inaccuracies--or possibly because of outright manipulation-- in the 
process for determining royalty payments. Many of these lawsuits have 
been settled; and we're talking about a lot of money here: In 2000 and 
2001, major oil companies settled with the Justice Department for over 
half a billion dollars in two False Claims Act lawsuits over oil and 
royalty underpayments. In 2004, Chevron paid out $111 million to the 
State of Louisiana for underpayments. In 2005, BP owned up to the tune 
of $233 in a Colorado case. And, in a case still pending, Exxon Mobil 
may owe up to $3.6 billion or much more to the State of Alabama for 
underpayments in royalties there. Certainly, for this kind of money, we 
can afford to ask the experts who understand the technical issues here 
to study the major underlying problems.
  I am disappointed that my amendment was not ruled in order, but I am 
pleased to have support from Chairman Rahall, in addition to support 
from the Project on Government Oversight, Taxpayers for Common Sense 
Action and Friends of the Earth. I thank Chairman Rahall for agreeing 
to hold a hearing on this issue, and I look forward to working with him 
toward enacting this provision.
  Mr. Chairman, the American people are ready to tackle the challenges 
of global climate change, to get on a path to energy independence, and 
to be a leader in the world in protecting our planet. They're ready for 
a New Direction, and I am proud that this Democratic Congress has 
undertaken the challenge. No one doubts that bringing this important 
bill to the floor today has been a long and hard fight. I applaud the 
hard work of all the leaders on this issue and urge all my colleagues 
to support the bill.
  Mr. LANTOS. Mr. Chairman, just to summarize briefly some of the 
comments made by my good friend from Florida, climate diplomacy has 
been sidelined under this administration to such an extent that 
expertise and diplomatic stability in climate negotiations is now 
almost absent in the Department of State. It is long, long overdue that 
we reinvigorate the capability of the Department of State on the issue 
of global climate change and our legislation does that.
  We are also creating a foundation not as a bureaucracy but as an 
institution to act as a clearinghouse of ideas and the matchmaker 
amongst foreign public and private actors working on global clean 
energy technologies.
  Probably no single item has contributed as much to the decline of the 
United States' prestige internationally than our cavalier attitude 
towards global climate change. With a new administration coming in less 
than 1\1/2\ years, we preparing the ground that our global partners 
will again respect us and look to us for international leadership on 
this all-important issue.
  Mr. Chairman, I reserve the balance of my time.
  Ms. ROS-LEHTINEN. Mr. Chairman, I yield 2\1/2\ minutes to the 
distinguished colleague from Virginia, the ranking member on the 
Committee on Agriculture, Mr. Goodlatte.
  Mr. GOODLATTE. I thank the gentlewoman for yielding.

[[Page H9734]]

  Mr. Chairman, I rise today in strong opposition to this legislation, 
which will do nothing to make us energy independent. This bill sets us 
on a dangerous path and ensures that we cannot produce sufficient 
domestic energy.
  I believe we should find solutions to address our energy needs. 
Unfortunately, this legislation will result in less domestic energy 
production. This bill increases America's dependence on foreign oil, a 
dangerous policy for our national and economic security. This is a tax 
and spend and mandate policy by the Democrats, imposing $15 billion in 
tax increases and myriad new government mandates.
  They will say these taxes and mandates won't affect average 
Americans, only oil companies in other businesses. Nothing could be 
further from the truth. These taxes will impede domestic oil and gas 
production, discourage investment in refinery capacity, and make it 
more expensive for domestic energy companies to operate in America than 
their foreign competitors, making the price at the pump rise even 
higher. An increased tax doesn't just hurt energy companies, it hurts 
every American energy consumer.
  This legislation does not even address some of our most promising 
domestic alternative and renewable energy supplies. There is nothing in 
this bill that addresses clean coal-to-liquid technologies or nuclear 
energy. Coal is one of our Nation's most abundant resources, yet the 
development of clean coal technologies is completely ignored.
  Furthermore, this legislation doesn't encourage the construction of 
nuclear energy generation facilities. As the Congress works to promote 
green energy, we should encourage the production of more nuclear sites 
which provide energy without CO2 emissions.
  In one of the few programs that could lead to increased energy 
production, I am baffled that it contains Davis-Bacon labor provisions. 
Renewable energy plans financed through loan guarantees would be 
located in rural America, but artificially inflated construction costs 
caused by Davis-Bacon will negate the program in most rural areas.
  This legislation does not address the energy concerns of our country. 
It makes the situation worse. If we want to make America energy 
independent, this Congress must pass a bill that contains energy. This 
bill does not.
  I urge my colleagues to reject this bill and work to find real 
solutions to the energy needs facing our country.
  Mr. Chairman, I rise today in opposition to this reckless energy 
policy, which will do absolutely nothing to make us energy independent, 
or lower energy costs. This bill sets us on a dangerous path and ties 
our hands in a regulatory mess to ensure that we cannot produce 
domestic energy.
  Like my colleagues, I believe we should find solutions to address the 
growing demand for energy. Unfortunately, this legislation contains no 
energy in it. In the Republican-led Congress, I supported an Energy 
Bill that actually encouraged energy--domestic energy production--and 
lessened our dependence on foreign oil. Today's legislation, however, 
seeks to dismantle any progress we have made in achieving energy 
independence, and leaves us at the mercy of foreign energy sources.
  Many Members have discussed passionately how America needs to 
decrease its dependence on foreign energy. In fact, many campaigned on 
promises to decrease our dependence. Sadly, this legislation falls 
drastically short on those promises. In fact it actually increases 
America's dependence on foreign oil. This is a dangerous policy for our 
national and economic security.
  Many Americans don't know that the U.S. is the world's largest energy 
producer. Over the past 25 years we have pumped 67 billion barrels of 
oil, and strong reserves remain. The fact is the energy sources are 
there--in Alaska, the Rockies, and offshore--but political roadblocks 
keep it in the ground instead of in use in the economy. Sadly, this 
legislation restricts our access to our own energy sources even 
further.
  This energy policy set in place by the Democrat majority lives the 
Democrat motto through and through--Tax and Spend. This policy imposes 
$15 billion in tax increases. The other side will tell you that these 
tax increases will not affect the average hardworking Americans, only 
the big evil oil companies. Nothing could be farther from the truth. 
The taxes contained in this bill will impede new domestic oil and gas 
production, will discourage investment in new refinery capacity, and 
will make it more expensive for domestic energy companies to operate in 
the U.S. than their foreign competitors, making the price at the pump 
rise even higher.
  Let's make no mistake, an increased tax doesn't just hurt energy 
companies, it hurts every American--individual, farm, or company--that 
consumes energy. Increased taxes on energy companies are passed to 
consumers. Every American will see these increased costs on their 
energy bill. This body shouldn't pass legislation that further raises 
energy prices for consumers.
  While this legislation increases taxes on traditional oil and gas, it 
does not even address some of our most promising domestic alternative 
and renewable energy supplies. There is not one thing in this bill that 
addressees clean Coal-to-Liquid technologies or nuclear energy. Coal is 
one of our Nation's most abundant resources, yet the development of 
Coal-to-Liquid technologies is completely ignored by this bill. 
Furthermore, this legislation does nothing to encourage the 
construction of new nuclear facilities.
  Proponents of this legislation will tout how green this bill is; 
however, if my colleagues really want to promote green energy they 
should encourage the production of more nuclear sites which provide 
energy free of CO2 emissions. The rest of the world is far 
outpacing the U.S. in its commitment to clean nuclear energy. We 
generate only 20 percent of our energy from this clean energy, when 
other countries can generate about 80 percent of their electricity 
needs through nuclear. It is a travesty that in over 700 pages this 
legislation does not once mention or encourage the construction of 
clean and reliable nuclear plants. Nuclear energy is the most reliable 
and advanced of any renewable energy technology, and if we are serious 
about encouraging CO2 free energy use, we must support 
nuclear energy.
  One of the provisions I am most alarmed about in this bill allows for 
individuals to sue the Federal Government for $1.5 million for damages 
caused by global warming. I don't know what this has to do with energy 
production, but I think this is a dangerous precedent to set. This 
language gambles with the hard-earned tax dollars of the American 
people that could get lost in frivolous litigation.
  I'm also concerned with the potential sweeping implications of the 
bill's National Policy on Wildlife and Global Warming. It is nearly 
impossible to accurately determine the effects that warming 
temperatures might have on wildlife, let alone take measures to 
mitigate these effects. The consequences of this section could be as 
far reaching as the Endangered Species Act or the National 
Environmental Policy Act and could have severe implications for Federal 
land management. This does not belong in a so-called energy bill.
  I will concede that there are a few, very few, decent provisions in 
this bill. I am pleased that the Agriculture Energy programs build on 
the 2002 Farm Bill with more focus on cellulosic materials, including 
forest biomass and switchgrass. This will help farmers and forest 
owners by creating new markets and income opportunities to keep them on 
the land. At the same time, greater focus on cellulosic feedstocks can 
reduce our reliance on corn for renewable fuels.
  With Americans paying close to $3 at the pump, we must diversify our 
energy supplies with alternative fuels, including renewable energy from 
our farms and forests. Renewable energy is a home-grown solution for 
reducing our reliance on foreign-oil, boosting jobs and economies in 
rural America, and improving our environment.
  However, I am baffled that one of the few programs in this bill that 
would lead to increased energy production would contain Davis-Bacon 
provisions. Renewable energy plants financed through the loan guarantee 
program would be located in Rural America. Rural America simply cannot 
afford to pay the artificially inflated wages caused by Davis-Bacon as 
urban America can. By including this unfair labor provision we are 
putting union interests ahead of efforts to become more energy 
independent.

  Mr. Chairman, in addition to the lack of real incentives for energy 
production in the U.S., this bill is also bad for our Nation's public 
forests. The bill guts a program that provides incentives for renewable 
energy production from small-diameter materials removed from public 
forests to reduce wildfire and insect risk and improve the health of 
the forests. With over 5 million acres destroyed by fires and hundreds 
of millions of dollars spent fighting them so far this year, we cannot 
afford to take away forest management tools from the Nation's public 
land managers.
  Unfortunately, the bill replaces this program with a Biomass Pilot 
Program, which would do everything but encourage use of low value 
forest material for energy. On top of this, the bill attaches the 
problematic Davis-Bacon provisions to this pilot program.
  This legislation does nothing to address the energy concerns of our 
country; it only makes the situation worse. This bill is a dangerous 
policy for our country. If we really want to

[[Page H9735]]

make our country energy independent, this Congress must pass an energy 
bill that contains energy. This bill does not. I urge my colleagues to 
reject this awful bill; let's start over, and work to find real 
solutions to the energy needs facing our country.
  Mr. LANTOS. Mr. Chairman, I reserve the balance of my time.
  Ms. ROS-LEHTINEN. Mr. Chairman, I yield 2 minutes to my dear friend 
from Illinois (Mr. Manzullo). He is the ranking member of our 
Subcommittee on Asia, the Pacific and the Global Environment, and he 
offered a substitute amendment in the committee to fix the foreign 
policy provisions in the legislation before you.

                              {time}  1245

  Mr. MANZULLO. Mr. Chairman, title II of the Democrats' energy 
dependence bill seeks to reduce global climate change by spending $1.2 
billion to increase Washington bureaucracy.
  Instead of debating whether or not global warming exists and, if so, 
to what extent, we should all unite behind an effort to combat all 
forms of global pollution and promote the sale of U.S. environmental 
exports. Then we can spend more time and effort on cleaning up the 
environment rather than engaging in partisan disputes.
  Nevertheless, as the senior Republican on the Global Environment 
Subcommittee, I believe this title is fatally flawed for three main 
reasons:
  First, it combats air pollution, even though numerous reports and 
study show that conflict over access to clean water and contaminated 
food is just as important, if not more important, an immediate threat 
to the national and economic security. Therefore, we should expand the 
scope of it.
  The U.N. Development Program's Human Development Report of 2006 
states that there is a growing crisis with respect to clean water. This 
bill does not address it. And if it is not addressed as a priority 
issue, it will inherently lead to greater insecurity around the world.
  Secondly, title II grows the size and scope of the Federal 
Government, adds more bureaucracies, more programs, more money.
  Title II also creates five other new programs or initiatives such as 
the new International Exchange Program at a cost of over $1 billion.
  Third, title II states that the U.S. should negotiate new binding 
greenhouse gas reduction commitments from all major emitting countries 
based on their level of development.
  In 1997, the other body voted 95-0 against such a commitment because 
economic dynamos such as China, India, and Brazil were not included.
  Title II also ignores all that our government is doing in the area of 
climate change, including spending $37 billion.
  Ms. ROS-LEHTINEN. Mr. Chairman, I yield myself the remainder of my 
time.
  My colleagues have said that the administration had neglected this 
issue of low-level bureaucrats. We have an Under Secretary of State, an 
Assistant Secretary of State, and a Special Representative at the 
Department of State, all engaged in global climate diplomacy. I would 
say that we have been quite involved.
  Mr. Chairman, I yield back the balance of my time.
  Mr. LANTOS. Mr. Chairman, I yield back the balance of my time.
  Ms. VELAZQUEZ. I yield myself such time as I may consume.
  Mr. Chairman, I rise today in support of H.R. 3221. I am proud to 
sponsor this legislation as it moves this country closer toward energy 
independence amidst the needs of this Nation's entrepreneurs.
  Small businesses are dramatically impacted by rising energy costs. 
According to a recent study conducted by the National Small Business 
Association, 93 percent of small business owners anticipate negative 
consequences to their businesses because of higher energy prices.
  This bill includes numerous measures to help small businesses cope 
with these challenges. Many of these provisions offered by Mr. Shuler 
of our committee were designed to address the entrepreneurs' role not 
only as consumers but also as suppliers of energy.
  It contains key initiatives to increase energy efficiency. With 
enhanced loan guarantees and lower fees on Small Business 
Administration loans, more small businesses will be able to purchase 
energy efficient technology.
  The bill also requires the SBA to develop a national strategy for 
educating small firms about energy efficiency.
  H.R. 3221 will encourage the creation of new energy efficient 
technologies and increase production of renewable fuels. Small 
businesses are the primary leaders in renewable fuels sectors, already 
making up more than 75 percent of biofuel producers. It creates private 
equity investment companies specifically for the purpose of funding 
renewable fuel production.
  This legislation is the giant step forward in increasing the supply 
of energy while also creating smart usage. By voting for this bill, we 
can reduce energy usage and greenhouse gas emissions, all while making 
sure our economy is moving in the right direction.
  I commend the leadership on this important bill, and I urge its 
immediate passage.
  I reserve the balance of my time.
  Mr. CHABOT. Mr. Chairman, I claim the time on the minority side and 
yield myself such time as I may consume.
  In recent years, it has become painfully clear that America is far 
too dependent on foreign oil. We import nearly two-thirds of the oil we 
consume. With gas prices in my district back in Cincinnati and 
throughout the country hovering around $3 a gallon, it is important for 
Congress to continue exploring ways that we can produce more energy 
domestically rather than relying on oil from the volatile Middle East 
or from Nigeria or Venezuela or other unstable areas in the world. In 
fact, according to the Government Accountability Office, Americans paid 
$38 billion more for gasoline in the first 6 months of last year than 
they paid during the first 6 months of the previous year. That is just 
unacceptable.
  It is critical that we adopt a diversified and balanced energy 
strategy to become more self-sufficient. The Energy Policy Act of 2005, 
passed when the current minority was actually in the majority, took 
significant steps in that direction.
  For example, we must increase our production of traditional fuel such 
as oil and natural gas, and strengthen conservation and efficiency 
efforts.
  It is also important to provide incentives for the research and 
development of promising new technologies such as, for example, 
hydrogen fuel cells.
  And, renewable energy, the vast majority of which is produced in our 
Nation's rural communities, is serving an important role in meeting 
America's energy needs. Biofuels have the potential to help wean 
Americans off foreign oil and to provide an economic boost for farmers 
and rural communities.
  The potential should have fostered a serious and long overdue debate 
about reforming our Nation's agriculture policy which, in my view, with 
its subsidies and tariffs is in dire need of reform. Unfortunately, the 
farm bill that this new majority passed just this last week will cost 
$286 billion over the next 5 years, with billions in subsidies, price 
guarantees, and direct payments going to large agra businesses that 
already stand to benefit from increased market opportunities for 
renewable fuels.
  This energy bill only exacerbates the problems which will be made 
worse by the farm bill that was passed last week. It authorizes the 
creation, for example, of government-backed venture capital firms to 
invest in renewable and biofuels enterprises under a new program at the 
SBA, the Small Business Administration. Nothing prohibits the existing 
small business investment companies, which are backed by the Federal 
Government's full faith and credit, from investing in companies that 
are involved in biofuels and renewable energy already.
  To compound matters, this so-called energy bill before us today even 
authorizes the SBA to fund the development of business plans for these 
venture capital programs. There is nothing to demonstrate that a market 
failure exists in the development and construction of such facilities. 
As a result, I see no reason to provide further incentives through the 
creation of a totally new program at the Small Business Administration. 
We are just growing government. I would urge my colleagues to oppose 
this bill.
  I yield 2 minutes to the gentleman from Texas (Mr. Burgess).
  Mr. BURGESS. I thank the gentleman for yielding.

[[Page H9736]]

  I am on the Committee of Energy and Commerce, but because of the 
restrictions of time for this very important bill, I appreciate him 
giving me time off the Small Business Committee's timeline.
  Mr. Chairman, I come to the floor of the House to actually educate 
Members about some stuff that is in this bill of which they may not be 
aware. I had an amendment in subcommittee and full committee, and the 
again yesterday in the Rules Committee that was not made in order. But 
this amendment deals with the timeline that is going to outlaw the 
incandescent bulb in this country by 2012. That means, for the current 
time, you will be using one of these for your light bulbs at home, a 
compact fluorescent bulb. Perhaps a good idea. They last a long time, 
they consume less energy; but, Mr. Chairman, they also contain mercury, 
about 5 milligrams per light bulb.
  What is the problem with that? The problem with that is these light 
bulbs can break. And if they do, what does the Environmental Protection 
Agency recommend? It recommends you open the window and leave the room 
for 5 minutes. It recommends that you double-bag your vacuum cleaner 
bag to pick up all the parts you can without vacuuming, and when you do 
vacuum put the vacuum cleaner bag in a double plastic bag and send it 
only to a landfill that accepts mercury. A pretty onerous burden to put 
upon the taxpayers of the United States.
  But the real concern that I have is that we have locations in this 
country where we have vulnerable populations that are difficult to 
move: a nursery in a hospital, a daycare center, a nursing home with 
nonambulatory patients. If you break a compact fluorescent bulb in one 
of those locations, you are in for big trouble. You have got to move 20 
children who are in a nursery before 15 minutes time is up? Most 
nurseries that I worked in, in hospitals, don't even have a window to 
open. So how are you going to comply with those EPA guidelines?
  The fact of the matter is, my amendment would have had language that 
said: no nursery, hospital, nursing home is compelled to use a compact 
fluorescent bulb where the population might be vulnerable if there were 
the escape of mercury out into the environment.
  Unfortunately, the House Speaker, the House leadership did not want 
that amendment made in order. We now all have these in our offices over 
in the Longworth Building. I know I found two. I wasn't told that they 
were being put in the office.
  People need to know, they need to be aware that there are very 
specific guidelines that deal with the breaks of these bulbs, and it is 
important that they not be compelled to be used in nurseries or with 
vulnerable populations.
  Ms. VELAZQUEZ. Mr. Chairman, I reserve the balance of my time.
  Mr. CHABOT. Mr. Chairman, I yield such time as we have remaining to 
the gentleman from Pennsylvania (Mr. Peterson).
  The Acting CHAIRMAN (Mr. Pastor). The gentleman from Pennsylvania is 
recognized for 2 minutes.
  Mr. PETERSON of Pennsylvania. Small business is the future of 
America. One of the greatest threats to small business in this country 
is energy prices, the transportation of their goods and the heating of 
their factories and the use of clean green natural gas in the 
manufacturing process. It is 55 percent of the chemical business; it is 
45 percent of the polymers and plastics business. They use it as an 
ingredient; they use it as a fuel. It is 70 percent of nitrogen 
fertilizer. And one-half of our corn is going to be grown this year 
with fertilizer from foreign countries because natural gas prices in 
America are the highest in the world.
  The natural gas supply in this country is in crisis. Twelve years 
ago, we opened it up for an unlimited amount of producing electricity. 
Now 20-some percent of our electricity is made with natural gas. But we 
refuse as a country, we refuse as a Congress to open up the Outer 
Continental Shelf where we have an abundant supply.
  How many countries do what we do? There is no one in the world that 
doesn't produce energy, both gas and oil, on their Outer Continental 
Shelf. We all talk about Brazil's energy independence. Yes, ethanol was 
a piece; but they opened up their Outer Continental Shelf.
  There has never been a gas well that polluted a beach. There has 
never been a gas well that polluted anything. Clean green natural gas 
should be a part of this bill; one-third of the CO2, no 
NOX, no SOX. It is a clean energy. And as a 
country, we refuse to use it. How blind can we be?
  It is interesting in this bill, we talked about carbon in the last 
segment. The other two carbon free, we are doing nothing with hydro, we 
are doing nothing with nuclear, carbon free. I am for all these 
renewables, but they are a fraction. Twelve hundredths of 1 percent of 
our energy is wind; and if we double it, we are now 24/100ths of 1 
percent.
  Folks, I am for all of those, but clean green natural gas is our 
bridge to get to those. Open it up.
  Mr. CHABOT. Mr. Chairman, I yield back the balance of my time.
  Ms. VELAZQUEZ. I yield back the balance of my time.
  Mr. WAXMAN. Mr. Chairman, I yield myself such time as I may consume 
in discussion of this bill.
  I rise in support of the bill and to discuss title VI, the Carbon 
Neutral Government Act. This title would make our government the world 
leader in addressing global warming, and it would make government 
operations dramatically more energy efficient.
  The Committee on Oversight and Government Reform passed this act on a 
bipartisan voice vote. To make a difference on global warming, we must 
be bold and realistic at the same time.

                              {time}  1300

  The Carbon Neutral Government Act strikes this balance. It sets the 
ambitious goals that we know are necessary to avoid dangerous global 
warming. Scientists say we need to cut greenhouse gas emissions by 80 
percent by 2050. This legislation asks the Federal Government to lead 
the way by reducing emissions to meet annual targets and achieve carbon 
neutrality by 2050.
  The Act also has energy efficiency measures to help agencies achieve 
these goals, drive technology, and save taxpayers dollars. It requires 
government vehicles to be low-greenhouse-gas-emitting vehicles. It sets 
ambitious but achievable goals to increase the energy efficiency of 
Federal buildings, and it strengthens the requirement for agencies to 
procure energy efficient products.
  With this Act, the government will use its leadership and its 
purchasing power to promote a more vibrant and cleaner economy.
  I urge support for the legislation.
  Mr. Chairman, I reserve the balance of my time.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield myself such time as 
I may consume.
  H.R. 3221, a 786-page energy bill introduced by the Speaker this 
week, contains a major restructuring of our Nation's energy policies. I 
come to the floor today to talk about the specific title of the bill, 
title VI, which promotes energy efficiency by our Federal Government. 
That is the jurisdiction which our Government Reform Committee wrote.
  Title VI of H.R. 3221 is known as the Carbon Neutral Government Act. 
It was marked up by the Oversight and Government Reform Committee as 
H.R. 2635 in June. After exhaustive discussions and negotiations with 
Chairman Waxman and his able staff, the committee approved the 
legislation by a voice vote. The committee put in a lot of work, and I 
very much appreciate the chairman's efforts to reach out and compromise 
with us.
  The provisions in the Carbon Neutral Government title represent a 
bold effort to put the Federal Government in the forefront and in a 
leadership position with regard to mitigating the buildup of carbon 
dioxide in our atmosphere.
  I agree with my colleagues on the other side of the aisle that the 
Federal Government must be proactive and take an aggressive leadership 
role in mitigating the harmful effects of climate change. To that end, 
the legislation would establish ambitious goals for the government's 
use of renewable fuels, energy efficient automobiles, and energy-
efficient buildings, ``green'' buildings.
  More specifically, this legislation would mandate that the Federal 
Government's greenhouse gas emissions be

[[Page H9737]]

reduced to zero by the year 2050. The Federal Government is the largest 
energy consumer in the world and is currently responsible for emitting 
100 million metric tons of carbon dioxide annually. Meeting this goal 
of zero net emissions will be a significant step in the direction of 
minimizing greenhouse gas emissions and correspondingly reducing our 
impact on climate change.
  Moreover, I concur with Chairman Waxman and others that setting and 
meeting these ambitious standards will accelerate the pace of 
development and adoption of technologies that will be critical to 
addressing climate change in the U.S. and worldwide.
  That being said, we still have some reservations about the specific 
provisions in the bill.
  There is a provision in title VI of the bill with the seemingly 
nebulous title of ``judicial review,'' more popularly referred to as 
the ``citizen enforcement provision.'' This provision would allow 
individuals to sue Federal agencies for failing to comply with carbon 
reduction goals called for in the legislation. To make matters worse, 
the provision allows plaintiffs to collect potentially millions of 
dollars in damages and attorneys' fees regardless of whether they can 
demonstrate any actual harm to themselves.
  I appreciate the gentleman from California's working with us on this 
language and putting appropriate caps, and that makes the legislation 
amenable to myself. We have other Members who still have concerns.
  Another concern I have in this legislation sets the government up to 
fail.
  I mentioned earlier that title VI contains many laudable goals with 
respect to reducing carbon dioxide emissions by the Federal Government. 
But while eliminating all greenhouse gas emissions by the Federal 
Government in a few decades sounds great, in reality, this goal is 
going to be very difficult to achieve.
  As this bill moves forward, I trust we will be able to move away from 
the rhetoric. We need to identify realistic goals that our Federal 
Government can meet and achieve and look for ways that we can achieve 
it.
  Which raises a final concern: If you set unrealistic goals and then 
arm potential plaintiffs nationwide with the power to sue the 
government for failing to meet these goals, agencies will have little 
choice but to divert scarce resources away from their critical agency 
missions in order to ensure adequate funding to support the carbon 
emissions requirement.
  While the majority included a provision at our request stating that 
agency plans on reducing greenhouse gas emissions must be ``consistent 
with the agency's primary mission,'' I am concerned that we need some 
work to ensure that agencies continue to place primary importance on 
their underlying responsibilities to serve the American people.
  As great a threat as global warming is, the Federal Government also 
needs to carefully balance taxpayer dollars on reducing emissions at 
the expense of shortchanging other priorities such as health care, 
education, and national defense.
  Mr. Chairman, I have limited my remarks to discuss only title VI of 
this legislation, the Carbon Neutral Government Act, and I again want 
to congratulate Chairman Waxman for working with us on this provision. 
I believe this legislation could go far in terms of striking the 
balance between making the Federal Government ``greener'' and devoting 
limited resources toward providing needed resources to the American 
public. But as we work our way through the legislative process, we want 
to continue to be engaged and address some of the concerns that we have 
identified.
  I do have more serious concerns about other provisions in the broader 
energy bill put forward by the majority and, unfortunately, therefore, 
regret that I may not be able to support the energy bill before us 
today, depending on the outcome of some of the amendments.
  Mr. Chairman, I reserve the balance of my time.
  Mr. WAXMAN. Mr. Chairman, I wish to yield 1 minute to my colleague, 
the gentlewoman from California (Ms. Solis).
  (Ms. SOLIS asked and was given permission to revise and extend her 
remarks.)
  Ms. SOLIS. Mr. Chairman, I would like to rise in strong support of 
H.R. 3221, title I, the Green Jobs Act.
  I am here to tell you that we have a shortage of technically skilled, 
trained workers to get into these high-tech jobs and green-collar jobs. 
We think that all Americans should be able to participate.
  This bill will allow for 3 million workers here to be able to enjoy 
this kind of training and advancement. We would open up the doors in 
our communities of color, those that are disadvantaged. We would allow 
for community colleges, vocational education, and labor-intensive 
apprenticeship programs to be a vehicle to help enhance this workforce 
that is so direly needed in our country.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield 1\1/2\ minutes to 
Mr. Issa, the ranking member on the Energy Subcommittee.
  Mr. ISSA. Mr. Chairman, I am shocked. I'm shocked that this bill and 
this process is going forward.
  When we marked this bill up in the Committee on Government Reform, I 
was positive that it could not possibly go forward without the section 
on citizen enforcement being amended, reformed, or eliminated. And yet 
I am here today not only finding out that it is still in the bill but 
of the Rules Committee having had the audacity to not even allow it to 
be considered for amendment.
  Mr. Chairman, this piece of legislation is a license for an unlimited 
amount of suits against the government by the extreme environmental 
groups. In fact, this bill pays a $75,000 bounty on top of unlimited 
legal fees to anyone who sues the government even if, in fact, that 
suit is based on this body's failure to act. Yes. Lawyers will be 
telling us, by suing us, that we must do more, and there will be no 
controls. They can sue in all 92 locations around the country. They can 
sue for any reason. We will have to pay the bill. When they lose, too 
bad. When they win, they get paid for taking from us not only 100 
percent of their legal fees but $75,000 on top of that.
  This is a license for America to be held hostage by the trial 
lawyers. It was deliberate. It was slipped through the committee. They 
said it was going to be fixed. In fact, nothing has been fixed; and we 
have been prevented from having an amendment on the House floor. This 
is undemocratic, and the Democrats know it.
  Mr. WAXMAN. Mr. Chairman, I yield myself such time as I may consume.
  This provision was a topic for discussion in our committee, and we 
did try to accommodate some of the current concerns expressed to us. I 
just want to point that out to my colleague from California.
  This is obviously a dynamic process, the legislative process. As we 
move forward, certainly we are open to further discussion. But I think 
your case was a bit overstated, and I think that we attempted to meet 
some of your concerns. If we haven't fully done that, we will continue 
to discuss it.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, will the gentleman yield?
  Mr. WAXMAN. I yield to the gentleman from Virginia.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, our concern is that Mr. Issa 
would have liked to have put this to the floor and at least have given 
the floor an opportunity to have addressed these issues for the whole 
House. We very much appreciate the chairman's concern.
  Mr. WAXMAN. I can appreciate that. And the Rules Committee has to 
decide what amendments to make in order or not, and I can see why the 
gentleman feels aggrieved that he didn't have a chance to offer a 
further amendment.
  Mr. Chairman, I continue to reserve the balance of my time.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, how much time do I have 
remaining?
  The Acting CHAIRMAN. The gentleman from Virginia has 1 minute 
remaining.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield the balance of my 
time to the gentleman from San Diego (Mr. Bilbray).
  Mr. BILBRAY. Mr. Chairman, in San Diego County today, the consumers 
are paying over $3.50 for gasoline, and people point fingers at the oil 
companies when, in fact, Washington, DC, has mandated that we put in 
our gasoline corn-based ethanol that costs $4 a gallon. And considering 
that you need 1\1/2\

[[Page H9738]]

gallons of ethanol to equal the mileage you get with gasoline, that 
equals $6 a gallon that is mandated by the Congress of the United 
States for a product that not only is driving up the price of gasoline 
but is polluting our air, as identified by the Air Resources Board of 
California.
  Now, if you are a constituent that is making money off of corn-based 
oil, that's fine. But do not allow anyone who claims to be an 
environmentalist and claims to be a consumer in California to support 
the corn-based ethanol proposal here.
  I do not agree with Mr. McCain of Arizona very often, but, as quoted 
by Mr. McCain all the way back in 2003, he stated that the corn-based 
ethanol mandate that Congress is perpetuating on the United States is 
highway robbery perpetuated on the American people by Congress.
  Please let's eliminate the corn-based mandate, save the environment, 
and save the consumers.
  Mr. WAXMAN. Mr. Chairman, I want to concur with the statement from my 
colleague, Mr. Bilbray, on his concerns because I share those concerns. 
It is not before our part of the legislation, but I do share many of 
the concerns he has raised from a California perspective by the mandate 
of ethanol.
  Mr. Chairman, I have no further requests for time on the Oversight 
and Government Reform sections of this bill, and I yield back the 
balance of my time.
  Mr. GENE GREEN of Texas. Mr. Chairman, the energy package before us 
today--H.R. 3221 and H.R. 2776--includes legislation passed by eleven 
House committees with the goals to address global warming and America's 
``energy independence.''
  H.R. 3221 includes bills I supported in the Energy and Commerce 
Committee on which I serve. The Energy and Commerce Committee bills 
will improve the Nation's energy efficiency, develop a ``smart'' 
electricity grid, improve the Department of Energy's Loan Guarantee 
program, increase the availability of renewable fuels, and encourage 
the development of advanced technology vehicles and components.
  I do have reservations about Title VII, the Natural Resources 
Committee provisions, which would scale back and repeal several 
important provisions of the Energy Policy Act of 2005 that help 
encourage new domestic production of oil and natural gas.
  While I have reservations with these provisions, I appreciate the 
efforts of House Leadership for bringing together several Members of 
Congress that represent energy-producing Districts to review and 
improve the legislation. While not perfect, we reduced agency 
timeframes to approve or reject drilling permits and coastal energy 
projects, as well as removed provisions that would delay energy 
corridors and eliminate the royalty-in-kind program.
  While I intend to support H.R. 3221, I will oppose the Renewable 
Electricity Standard. We should encourage states to produce more 
electricity from renewable sources; the question is whether a ``one-
size-fits-all'' Federal mandate is the best way to accomplish this 
goal, which could raise electricity rates for Texas consumers.
  I will oppose H.R. 2776--a $15 billion tax package--because it 
includes additional provisions above those carefully negotiated in H.R. 
6, the CLEAN Energy Act. While it includes important renewable energy 
provisions, we cannot keep taxing American's energy industry and expect 
to have adequate supplies of energy.
  The Energy Information Administration predicts that natural gas, oil, 
and coal will compromise approximately the same share of our total 
energy supply in 2030 that they did in 2005, even with new investments 
in renewable sources of energy.
  This large increase in new taxes targeted at the U.S. energy industry 
could reduce our Nation's energy security by discouraging new domestic 
oil and gas production, discouraging new investments in refinery 
capacity, and actually tilting the competitive playing field for global 
energy resources against U.S. based oil and gas companies.
  As we move forward in this Congress, I hope the House of 
Representatives will address America's need to produce additional 
domestic energy, both conventional and renewable, to ensure the 
reliability and affordability of our Nation's critical energy supplies.
  Mr. WELDON of Florida. Mr. Chairman, I rise to express my concerns 
about the bill before us (H.R. 3221 and H.R. 2776). While there are a 
number of good provisions in the bill, including the incorporation of 
several renewable energy provisions from legislation that I have 
cosponsored, these bills also contain seriously objectionable 
provisions.
  As a member of the House Renewable Energy Caucus I am supportive of 
many of the renewable energy provisions in the bill. I have been very 
supportive of securing funding for solar and hydrogen energy research 
nationally and in my congressional district.
  I also believe that conservation is important and am pleased that 
several important conservation provisions are included in the bill. 
Certainly conservation remains an important part of meeting our future 
energy needs and energy independence. I am disappointed, however, that 
while pursuing conservation initiatives this bill takes unnecessary 
steps that hamper our Nation's domestic energy production.
  I am disappointed that this bill not only does very little to enhance 
domestic energy production but is counterproductive in that it takes a 
number of steps that will raise the cost of energy on the American 
people and American businesses. One provision in the bill will cost 
Florida consumers alone, over $4 billion. Furthermore, through its 
restrictions and higher taxes on domestic production of fossil fuels, 
this bill will result in increased imports from overseas.
  At this time when American consumers and businesses are being taxed 
due to higher energy prices the Democrat bill that is being brought to 
the House floor will actually exacerbate this problem. It is also 
troubling that the Democrats have denied Members of the House the 
opportunity to offer and discuss over 100 amendments that they filed to 
this bill. Furthermore, of the 23 amendments that were allowed to be 
considered under the Democrat rules only five of them were offered by 
Republicans. The American people deserve better.
  This bill: Locks up additional reserves so that we cannot extract oil 
and natural gas;
  Raises taxes on domestic energy suppliers--giving foreign oil and gas 
producers a competitive edge over U.S. producers; and
  Raises the costs of all energy projects undertaken in this bill--
costing billions of dollars--by applying Davis-Bacon wage requirements 
for any energy project undertaken through this bill.
  Additional specific provisions in the bill that will do nothing to 
increase domestic energy supplies and in fact increase energy costs for 
the American people include:
  A $15.3 billion in tax increase on domestic fossil fuel producers;
  Sunsetting tax credits for refined coal at the end of 2008;
  Banning natural gas drilling for 4.2 trillion cubic feet of natural 
gas in the Roan Plateau in Colorado;
  Applying Davis-Bacon (union wage) requirements to all projects 
resulting from the tax credit bonds authorized under this bill--raising 
labor costs on such projects by 20 percent-30 percent;
  Giving New York City $2 billion to use for any transportation project 
of their choosing--the Chairman of the Committee represents New York 
City;
  Phasing out the tax credit for hybrid vehicles after more than 60,000 
of them have been sold--discouraging further production and purchase of 
the most popular hybrid vehicles;
  Raising taxes on oil and gas companies for the costs of oil and 
natural gas exploration;
  Restricting the tax credit on biodiesel produced in the U.S.;
  Creating a $1 billion foreign aid program for energy efficiency 
programs in developing countries;
  Allowing individuals to sue the Federal Government for damages caused 
by global warming;
  Giving bureaucrats a longer time period in which to approve oil and 
gas drilling permits;
  Imposing Federal building energy codes on States;
  Permanently authorizing the expenditure of $125 million a year for a 
grant program;
  Creating a new global warming bureaucracy in the U.S. Department of 
State that will cost American taxpayers $750 million;
  Putting the government in the role of picking winners and losers 
which leads to serious inefficiency;
  Directing the U.S. Government to negotiate costly global warming 
treaties with developed countries--leaving developing countries like 
China and India free from such costly mandates on their competing 
industries;
  Cutting $1.2 billion from agriculture producers and shifts it to 
already subsidized biodiesel companies;
  Spending an unlimited amount of money on a cap-and-trade program 
whereby Federal agencies can purchase greenhouse gas emission offsets--
already proven to be very expensive for consumers in Europe;
  Making it more difficult to develop oil and gas on Federal lands by 
closing down Bureau of Land Management offices;
  Slowing the Environmental Protection Agency, EPA, tar sands leasing 
program; and
  Including dozens of additional costly mandates on businesses and 
individuals that are essentially hidden taxes.
  It is no wonder that this bill is opposed by a host of organizations, 
including businesses, seniors, and energy organizations. This bill

[[Page H9739]]

does little to relieve the high energy costs that consumers and 
businesses are paying today, and in fact; it raises the cost of energy 
for consumers, businesses, State governments, and the Federal 
Government. This bill does nothing to enhance our access to oil and 
natural gas. It does nothing to enhance the development of clean coal 
technology--a supply of which we could meet our nation's energy needs 
for the next 200 years. The bill does nothing to enhance our use of 
nuclear energy--a source of energy that produces zero greenhouse gases.
  It is important that we not view this bill in a vacuum. We must 
consider it along with other steps the current Democrat majority has 
taken that hamper our ability to move toward energy independence.
  Earlier this year the Democrat majority voted to prohibit the 
Department of Interior from issuing oil shale leases in Utah and 
Wyoming. They defeated an amendment that would have permitted offshore 
drilling. They voted to shut down the state of Virginia's plan to allow 
for drilling solely along their own coast. They voted against allowing 
drilling for oil in a small portion of the Arctic National Wildlife 
Refuge, ANWR, which has oil deposits large enough to replace our 
imports from Saudi Arabia.
  I urge that this bill be rejected and that provisions that hamper our 
energy independence be removed. The President has said that he will 
veto this bill because it ``would lead to less domestic oil and gas 
production, higher energy costs, and higher taxes . . .''
  Higher energy costs for American consumers will tax the family budget 
and will jeopardize American jobs by making it more difficult for 
American businesses to compete in an increasingly competitive 
international marketplace.
  Mr. VAN HOLLEN. Mr. Chairman, I am pleased to rise today as an 
original cosponsor of the New Direction for Energy Independence, 
National Security and Consumer Protection Act of 2007 and the Renewable 
Energy and Energy Conservation Tax Act of 2007. Taken together, this 
comprehensive energy package represents a long overdue course 
correction and new vision for energy policy in the United States.
  Today, the House Democratic Leadership makes good on its commitment 
to redirect wasteful subsidies away from our already highly profitable 
oil and gas companies towards the renewable energy and energy 
efficiency technologies of the future. These new investments will 
significantly enhance our ability to combat global climate change, 
reduce our dependence on foreign oil, generate millions of new jobs and 
save consumers and businesses hundreds of billions of dollars over the 
next 25 years.
  This package calls on the U.S. to reengage in the global effort to 
reach a binding global warming agreement. It reduces carbon dioxide 
emissions by 10.4 billion tons through 2030, more than the total 
tailpipe emissions from all the cars on the road today. It moves 
aggressively towards the development of carbon sequestration in order 
to mitigate the impact of the fossil fuels we will continue to use. And 
it asks the Federal Government, the largest single energy consumer in 
the country, to lead the way by becoming carbon neutral by 2050.
  To begin the necessary process of weaning ourselves off foreign oil, 
we make an historic investment in biofuels, with opportunities for 
feedstock contributions from every region of the country. We provide 
grant funds for alternative fuel vehicles and additional support for 
service stations offering E-85 ethanol. And we help farmers deploy 
technologies like wind, solar and biomass to further distribute 
renewable energy production and revitalize rural America.
  This legislation is a pro-innovation, job-creation machine. It 
increases loan limits for small businesses engaged in clean energy 
technology. It funds high-risk, high-payoff renewable energy research 
at the Department of Energy. And it includes worker training programs 
in areas like solar panel manufacturing and green building construction 
to ensure that our citizens are fully prepared to participate in the 
green workforce of the future. The payoff? An estimated 3 million jobs 
over the next 10 years.
  The energy efficiency provisions in this legislation alone are 
estimated to save consumers and businesses a staggering $300 billion 
through 2030--demonstrating once again that the cheapest kind of energy 
is the kind you never have to use.
  On the tax side, we extend the renewable production tax credit 
through 2013 to eliminate the planning and market uncertainty 
associated with the two-year extensions of the past. We expand 
manufacturer tax credits for energy efficient appliances and extend the 
current deduction for energy efficient commercial buildings. In an 
effort to allow States and localities to innovate and tailor clean 
energy solutions to the specific needs and opportunities of their 
jurisdictions, we provide new bonding authority for renewable energy 
and energy efficiency projects--providing my home State of Maryland 
with an allocation of $111 million to tackle these issues at the local 
level. And we finally do away with the infamous ``Hummer Loophole'' 
that has perversely subsidized the purchase of the most polluting, 
least efficient vehicles for far too long.
  Mr. Chairman, along with Mr. Udall, Mr. Platts and several of my 
other colleagues, I will also be offering an important bipartisan 
amendment today to establish a Renewable Electricity Standard for the 
United States. Renewable electricity standards aren't new. Twenty-three 
States and the District of Columbia already benefit from them. The 
European Union has set a goal of 22 percent renewable electricity 
generation by 2010. By contrast, the RES amendment we will be offering 
today proposes the substantially more modest goal of 15 percent 
renewable electricity production by 2020, of which 4 percent can be 
achieved through energy efficiency. Above and beyond the underlying 
bill, adopting this RES amendment is the single most important step 
this House can take today to address climate change, promote energy 
independence, create hundreds of thousands of good paying jobs and save 
American consumers billions of dollars on their future energy bills.
  Additionally, I will also be offering a noncontroversial amendment to 
H.R. 3221 that would add a sixth policy option for States to consider 
in Title IX of the underlying bill. This language is intended to 
complement the existing residential energy efficiency incentives 
provided throughout the rest of the legislation by asking States and 
utilities to partner with us to promote the use of home energy audits, 
educate homeowners about the financial and environmental benefits 
associated with residential energy efficiency improvements and 
publicize the availability of Federal and State incentives to make 
residential energy efficiency improvements more affordable. In short, 
this amendment represents a voluntary, commonsense way to drive 
consumers towards the incentives we are hoping they will use--and I 
encourage my colleagues' support.
  Finally, by the time we finish this legislation, I believe it is 
critical that we enact aggressive ``smart grid'' policies that create 
incentives to modernize the electric grid, something that is decades 
overdue. Smart Grid reduces CO2 emissions by 25 percent and 
electricity usage by 10 percent according to the Department of Energy, 
DOE, and the Electric Power Research Institute, EPRI. By utilizing 
intelligent tax depreciation policy, and by modernizing existing DOE 
programs, we can immediately incentivize modernization of the electric 
grid and see the corresponding energy and environmental improvements.
  Mr. SMITH of New Jersey. Mr. Chairman, the U.S. Congress has an 
obligation to work to ensure a healthy and safe environment for the 
benefit of current and future generations. To reduce our dependence on 
fossil fuels and achieve a healthier environment, we need a multi-
faceted approach that addresses broad spectrums of inter-related issues 
and fosters both energy independence and clean energy reliance.
  As a cosponsor of various global warming reduction initiatives, I 
urge my colleagues to support today's legislation, H.R. 3221, a 
comprehensive plan to combat global warming, provide national security 
by reducing dependence on foreign oil, help to better protect our 
natural wildlife, and offer international assistance to developing 
countries to promote clean and efficient energy technologies.
  Among its many good provisions, I am pleased that H.R. 3221 includes 
the full text of legislation that I, along with Foreign Affairs 
Chairman Tom Lantos sponsored--H.R. 2420, The International Climate 
Cooperation Re-engagement Act of 2007. The Lantos-Smith bill was 
approved and reported from the Foreign Affairs Committee in May and is 
now Title II of H.R. 3221, the underlying bill before us today.
  It is no secret that climate change has a disproportionate impact on 
the vulnerable, poor populations in our world. Accordingly, the Lantos-
Smith provisions of H.R. 3221 are designed to push and assist 
developing countries as they seek to implement positive renewable 
energy practices. Specifically, these provisions authorize $1 billion 
over five years to provide U.S. aid to support the overall purpose of 
reducing greenhouse gas emissions. The monies can also be used to 
increase institutional abilities to provide energy and environmental 
management services including outreach programs for India and China--
two of the world's largest emitters of greenhouse gases. The bill also 
authorizes trade missions, programs to strengthen energy research and 
educational exchange, and an interagency working group to support a 
Clean Energy Technology Exports Initiative. These provisions are an 
important aspect of creating local, sustainable capacity and will 
complement well other program goals of our foreign assistance.
  Another vital provision found in Title II of today's legislation is 
similar to one that I proposed over 17 years ago to create an office,

[[Page H9740]]

ideally within the State Department, with the sole mandate of working 
with foreign countries and others to mitigate the international impact 
of global climate change. During my tenure in Congress, I have 
witnessed how the designation of an office within the State Department 
has bolstered efforts on a single critical issue with notable results 
within a short time period. This has been the case, for example, with 
the Office to Monitor and Combat Trafficking in Persons as created by 
P.L. 108-193, my legislation the Trafficking Victims Protection Act. 
Similarly, I know that the establishment of an Office on Global Climate 
Change at the ambassadorial level within the State Department as 
provided for in H.R. 3221 will demonstrate to the world that the United 
States is targeting needed resources to address this challenge and is 
completely engaged in the worldwide fight against global warming.
  Title II of H.R. 3221 also creates an International Clean Energy 
Foundation to serve the long-term foreign policy and energy security 
goals of reducing global greenhouse gas emissions. The foundation will 
be charged with promoting programs that serve as models for 
significantly reducing emissions through clean and efficient energy 
technologies, processes and services. The creation of the International 
Clean Energy Foundation promises to add a particularly effective tool 
in our arsenal against adverse climate change.
  Mr. Chairman, global warming continues to be one of the most pressing 
environmental concerns in the world today. Given sea level rise, the 
increasing severity of storm surges and continued warming temperatures, 
the impact of global climate change is undeniable. Unless we act now--
the future posseses an even greater threat to our way of life on this 
planet.
  With its incorporation of H.R. 2420, H.R. 3221 represents an 
important step--both domestically and internationally--in reducing our 
dependence on fossil fuels and promoting 21st century clean energy 
solutions. Legislative action by this Congress to promote investment in 
renewable energy development, availability and implementation will help 
ensure a healthy environment. I urge my colleagues to support H.R. 
3221.
  Mr. UDALL of Colorado. I strongly support this amendment. . . .
  I'd like to thank my cousin, Representative Tom Udall, as well as 
Representative Platts and the rest of our colleagues who have worked so 
hard to push forward a renewable electricity standard. Speaker Pelosi 
also deserves our deep gratitude for her support and for working side 
by side with us during these last few weeks. We all understand the 
importance of this critical amendment, and I'm proud to have been a 
longstanding part of this great effort as it culminates in a vote 
today.
  As demand for energy continues to grow in this country, we need to 
make sure that we continue to have affordable and reliable supplies. 
And, most importantly, as we move to more competition in the delivery 
of electricity, we must make sure that the environment and consumers 
are protected.
  So it makes sense to put incentives in place to ensure that less 
polluting and environmentally friendly sources of energy can find their 
way into the marketplace. And that's what a renewable electricity 
standard, or RES, would help to do.
  But it's not just about doing the right thing for the environment.
  With almost all new electricity generation the last decade fueled by 
natural gas, our domestic supply cannot sustain our needs. Iran, 
Russia, and Qatar together hold 58 percent of the world's natural gas 
reserves. As demand for power continues to grow, we shouldn't be forced 
to rely on these unstable regions to sustain our economy, nor do we 
have to.
  The best way to decrease our vulnerability and dependence on foreign 
energy sources is to diversify our energy portfolio. Half of the States 
in our great Union have already figured this out and have made the 
commitment to producing a percentage of their electricity using 
renewable energy. But all of our States will benefit under a national 
standard, which will bring natural gas costs down nationwide, create 
new economies of scale in manufacturing and installation, and offer 
greater predictability to long-term investors.
  The Udall-Platts amendment requires utilities nationwide to produce 
15 percent of their electricity using renewable energy sources by 2020. 
The amendment also allows up to 4 percent of that 15 percent 
requirement to be met with energy efficiency.
  The amendment's definition of renewables is broad, including 
biomass--cellulosic organic materials; plant or algal matter from 
agricultural crops, crop byproducts, or landscape waste; gasified 
animal waste and landfill gas, or biogas; and all types of crop-based 
liquid fuels. It includes incremental hydropower; solar and solar water 
heating; wind; ocean, ocean thermal and tidal; geothermal; and 
distributed generation. The amendment also allows energy efficiency to 
make up 27 percent of a utility's targeted requirement. Every State has 
one or more of these resources.
  The Udall-Platts amendment saves consumers billions of dollars. By 
reducing the cost of new clean technologies and making them more 
available, it will help restrain natural gas price increases by 
creating more competition for those fuels.
  The Udall-Platts amendment will spur economic development in the form 
of billions of dollars in new capital investment and in new property 
tax revenues for local communities, and millions of dollars in new 
lease payments to farmers and rural landowners.
  Not least, the Udall-Platts amendment will reduce air pollution from 
dirty fossil-fueled power plants that threaten public health and our 
climate.
  The amendment does not burden some regions of the country at the 
expense of others, as the utilities would have you believe. It creates 
public benefits for all.
  The argument that the Southeast is disadvantaged by the RES--that the 
Southeast has no renewable resources--ignores the plain truth. In fact, 
the Southeast is one of the regions of the country that will see the 
most benefit from this proposal. According to Department of Energy's 
Energy information Administration, the technology that does best under 
a 15 percent RES is biomass. Already, 2500 megawatts of generation come 
from biomass in the Southeast, and much of the waste from pulp and 
paper mills is not being used to generate electricity.
  The Udall-Platts amendment gives States flexibility in achieving the 
standard.
  Under the amendment, states can borrow credits against future 
renewables generation--for up to three years as long as they are repaid 
by 2020, which means the effective start date can be delayed and 
facilities ramped up more slowly.
  The amendment gives three renewable energy credits for each kilowatt 
hour of power generated at on-site eligible facilities used to offset 
part or all of the customer's requirements. This means solar, small 
wind, and other distributed energy generation sources used in 
residential and business locations can earn triple credits.
  The amendment also returns money to the States from alternative 
compliance payments for State weatherization programs, low-income 
energy assistance programs, and for encouraging the installation of 
additional renewables.
  The amendment also lowers the initial target date for 2010 to 2.75 
percent and makes the escalation to 15 percent more gradual so that 
utilities have more time to ramp-up renewable energy sales.
  In summary, this renewable electricity standard will reduce harmful 
air and water pollution, provide a sustainable, secure energy supply 
now, and will create new investment, income and jobs in communities all 
over the country.
  It is good for the environment, good for the economy, and good for 
our country. I strongly urge its adoption.
  Mr. GRIJALVA. Mr. Chairman, I rise today in support of H.R. 3221.
  This bill is a package of important provisions that will move our 
energy and climate policies toward a more sustainable future. I 
strongly urge my colleagues to support this legislation.
  One of the highlights of this bill is a provision to require royalty 
payments from oil and gas leases that currently are exempt from 
royalties. We are losing millions of dollars on these faulty leases 
that are allowing oil and gas companies to extract taxpayer-owned 
resources for free. Putting a stop to this is fiscally unsound public 
policy is a much-needed step in the right direction.
  With this measure, we will also establish progressive and sensible 
policies designed to help families and businesses save energy with new 
efficiency standards for appliances, lighting and buildings.
  This bill puts our priorities back on track in funding new research 
into renewable fuels, which could be unlimited sources of clean energy 
if we invest in them properly. This will begin to move us away from the 
antiquated, dirty sources of energy we use today.
  I support this bill and plan to vote in favor of it. I am, however, 
disappointed that several important provisions were removed from the 
Natural Resources Committee bill, H.R. 2337, as it was being 
incorporated into this bill. The colleagues who demanded the removal 
are primarily from big oil producing states whose interest is to move 
that product for the corporate interests they represent without thought 
or consideration for the rights of other Western states, communities, 
ranchers, farmers and the shared public lands of the American people.
  One gentleman in particular represents a vast oil producing district 
with no real public land, at least 100 hazardous waste sites, numerous 
former superfund sites, watershed and ground water contamination sites. 
Perhaps the gentleman feels that is the price of doing the oil 
industry's business? I and many others in the West prefer a different 
scenario--where study, consultation, protection of our public lands, 
public participation, and cost recovery for the tax payer--are an 
integral part of doing business.

[[Page H9741]]

  As Chairman of the Subcommittee on National Parks, Forests and Public 
Lands, I've become concerned about the 2005 Energy Policy Act's impacts 
on public lands, private landowners and wildlife in the West.
  The provisions removed from this bill prior to floor consideration 
would have made very modest improvements to the Energy Policy Act, a 
bill largely written by and for the fossil fuel industry.
  The first would have simply authorized a study before federal 
agencies designate energy corridors on federal lands across the entire 
West. I am deeply concerned that the most recent maps put forth by the 
agencies identify corridors crossing through National Parks, Wildlife 
Refuges, Monuments and wilderness areas. Like Dick Cheney's Energy 
Taskforce, the initial maps of the draft corridors were drawn at the 
request of the energy industry, with very little public input. The 
study would have simply put a better, more thorough process in place by 
requiring agencies to consider congestion and constraints on the system 
as well as barriers to access for renewables. My provision would have 
also required the agencies to avoid places like National Parks when 
designating corridors.
  The second provision, specifically requested by the Western 
Governors' Association, would have required land management agencies to 
analyze the impacts of oil and gas activities in critical wildlife 
areas before allowing drilling. I ask unanimous consent that these 
letters from the Western Governors' Association be entered into the 
Record.
  Under the 2005 bill, the oil and gas industry is able to conduct 
drilling and other activities on public lands without first ensuring 
protection of wildlife and other resources. The original provision 
would have required agencies to avoid wildlife areas and follow 
appropriate laws to protect the environment.
  I am disappointed that these modest reforms of the oil and gas 
industry's sweetheart package from 2005 were rejected.
  Nevertheless, I support the reform provisions of this bill and I know 
that there will still be opportunity to address some of the 
shortcomings of the 2005 Energy bill as we move forward. Because once 
the public is fully aware of the consequences and immense impacts of 
the energy corridors designations and categorical exclusion provisions, 
they will demand action.

                                    Congress of the United States,


                                     House of Representatives,

                                    Washington, DC, July 27, 2007.
     Hon. Nick Rahall,
     Chairman, Committee on Natural Resources, Washington, DC.
       Dear Chairman Rahall: I write to urge you to keep the oil 
     and gas management reform provisions of H.R. 2337, which 
     contain several modest but important reforms to restore some 
     semblance of balance to the federal government's oil and gas 
     development programs.
       As you are aware, the overall House Natural Resources 
     Committee package will restore responsible stewardship to the 
     development of our publicly owned oil and gas resources. 
     Unfortunately, some of the criticism from opponents of these 
     provisions misrepresent the content and anticipated 
     consequences of these provisions.
       These provisions will not increase oil and gas prices. In 
     fact, oil prices respond to global market forces of supply 
     and demand, not whether or not oil and gas operators on 
     public lands are required to pay a small administrative fee 
     to obtain drilling permits, or a dollar per acre fee to 
     discourage speculation, or post bonds to repair the damage 
     done by development to fish and wildlife resources, or make 
     sure private property owners are treated fairly, or whether 
     environmental values are properly protected.
       It has also been alleged that the oil and gas language in 
     H.R. 2337 would ``limit energy development on the public 
     lands in the Intermountain West.'' In fact, no provisions in 
     H.R. 2337 limit any company's access to federal lands for oil 
     and gas activities in the region.
       Of particular concern to critics are provisions of the bill 
     that provide some modest protection for the private property 
     rights of private surface owners who do not own the federal 
     oil and gas resources under their farms and ranches. These 
     provisions would not give landowners a veto over oil and gas 
     development, but would require lessees to minimize impacts on 
     the surface. In addition, the critics apparently have a 
     problem with requiring companies that drill on federal lands 
     to protect water resources that might be impaired by their 
     operations, and replace resources damaged by their 
     operations. Critics also have a problem with requirement 
     financial guarantees from operators on federal lands to 
     ensure that they clean up after they have completed 
     operations, and do not leave the clean-up bill for 
     taxpayers to pay. None of these provisions will impair any 
     company's access to federal oil and gas resources. They 
     will, however, ensure the responsible development of these 
     resources.
       Other important provisions of the House Natural Resources 
     Committee package are the language on energy transmission 
     corridors and categorical exclusions. This language would 
     require that a needs assessment of constraints and congestion 
     in the West's transmission system for the transmission of 
     various energy resources be finalized, and the data used when 
     applicants apply for rights-of-way across federal lands. In 
     addition, the provision contains some commonsense protections 
     of sensitive areas and resources that could be impaired by 
     the improper siting of transmission facilities. The provision 
     for categorical exclusions ensures proper environmental 
     review for oil and gas in critical wildlife areas.
       In summary, the oil and gas management provisions of the 
     House Resources Committee package contain a modest number of 
     reforms that will help protect the wildlife, water resources 
     and other environmental values and private property that can 
     be impaired by irresponsible oil and gas development.
           Sincerely,

                                             Raul M. Grijalva,

                                Chairman, Subcommittee on National
     Parks, Forests and Public Lands.
                                  ____



                               Western Governors' Association,

                                     Washington, DC, June 5, 2007.
     Hon. Nick Rahall,
     Washington, DC.
     Hon. Don Young,
     Washington, DC.
       Dear Chairman Rahall and Representative Young: On behalf of 
     the Western Governors' Association, we are writing in support 
     of the proposed revised section 105 in H.R. 2337, 
     ``Limitation of Rebuttable Presumption Regarding Application 
     of Categorical Exclusion Under NEPA for Oil and Gas 
     Exploration and Development Activities.''
       In February 2007, the Western Governors' Association 
     adopted Policy Resolution 07-01, ``Protecting Wildlife 
     Migration Corridors and Crucial Wildlife Habitat in the 
     West.'' The resolution urges Congress ``to amend Section 390. 
     Subpart (b)(3) of the Energy Policy Act of 2005 to remove the 
     categorical exclusion for NEPA reviews for exploration or 
     development of oil and gas in wildlife corridors and crucial 
     wildlife habitat on federal lands. By removing the 
     categorical exclusion, appropriate environmental site 
     analysis will be completed as necessary to protect crucial 
     wildlife habitat and significant migration corridors located 
     in the field of development.''
       Subpart (b)(3) of section 309 of the 2005 Energy Policy Act 
     is currently worded in such a manner that oil or gas wells 
     could be drilled under a categorical exclusion, with no 
     additional analysis, if ``an approved land use plan . . . . 
     prepared pursuant to NEPA analyzed drilling as a reasonably 
     foreseeable activity. . . .'' We are concerned that 
     completion of an RMP after the five-year period that an EA or 
     EIS covers, or before an EIS is completed for a developing 
     field, would allow authorization of drilling under a 
     categorical exclusion (Cat Ex), including in sensitive 
     wildlife corridors and crucial habitat, with general 
     provisions provided only by the RMP.
       The Governors believe that the Categorical Exclusions 
     authorized broadly under paragraph (b) of the Energy Policy 
     Act may often be appropriate. However, with specific regard 
     to subpart (b)(3), the Governors do not want their ability to 
     require adequate mitigation in areas the States have 
     identified as sensitive wildlife corridors and crucial 
     habitat to be diminished or eliminated. Development of 
     these sensitive areas obviously needs detailed disclosure 
     and analysis of impacts to other resources, and the 
     permits need to include avoidance and mitigation measures 
     to protect those resources.
       Although the Department of the Interior has worked fairly 
     and inclusively with the states to date, the categorical 
     exclusion provision in subpart (b)(3) of the 2005 Energy Act 
     appears to provide a legal option to deny state fish and 
     wildlife agencies the opportunity to protect and adequately 
     manage fish and wildlife resources on BLM lands by 
     authorizing oil and gas development without adequate 
     analysis, disclosure and state agency involvement. Unless the 
     problematic language in subpart (b)(3) is amended or removed, 
     or an additional administrative process implemented to allow 
     state fish and wildlife agencies an opportunity to recommend 
     appropriate protection and conservation conditions to 
     accompany permits to drill in sensitive wildlife corridors 
     and crucial habitat, significant wildlife impacts could 
     occur.
       We believe the proposed revised section 105 in H.R. 2337 
     addresses this concern, and we therefore support the revised 
     section 105. We do have concerns regarding subtitle (D), 
     ``Ensuring Responsible Development of Wind Energy,'' that we 
     will explain in a separate letter.
       The Western Governors appreciate the Committee's efforts to 
     address our concerns in section 105, and we look forward to 
     working with you as the bill moves forward.
           Sincerely,
     M. Michael Rounds,
       Governor of South Dakota, Chairman.
     Dave Freudenthal,
       Governor of Wyoming,
                                     Vice Chairman, Lead Governor.
     Janet Napolitano,
       Governor of Arizona, Lead Governor.

[[Page H9742]]

     
                                  ____
                               Western Governors' Association,

                                   Washington, DC, August 1, 2007.
     Hon. Nancy Pelosi,
     Speaker, House of Representatives,
     Washington, DC.
       Dear Speaker Pelosi: On behalf of all of our colleagues in 
     the Western Governors' Association, we are writing to express 
     our extreme dismay about the removal over the weekend of a 
     critical provision from the House Energy bill (H.R. 3221)--
     the revised section 105 of H.R. 2337 relating to the 
     application of categorical exclusions under NEPA for oil and 
     gas exploration and development activities. We expressed our 
     strong support for this section in a separate letter sent in 
     June (enclosed) and we strongly urge you to support 
     Congressman Grijalva's amendment that would reinstate the 
     language when the bill is brought to the House floor.
       Section 105 of H.R. 2337 addresses an important concern we 
     have with the indiscriminate use of categorical exclusions 
     under NEPA for exploration or development of oil and gas in 
     wildlife corridors and crucial wildlife habitat on federal 
     lands. We believe that the categorical exclusions authorized 
     broadly under paragraph (b) of EPAct may often be 
     appropriate. However, we do not want our states to lose the 
     ability to require adequate mitigation in areas we have 
     identified as sensitive wildlife corridors or crucial 
     habitats to be diminished or eliminated. Section 105 
     addresses our concerns and would allow appropriate 
     environmental site analysis to be completed as necessary to 
     protect these areas.
       Accordingly, we applaud Congressman Grijalva for his 
     efforts and we urge all Members of Congress to support his 
     amendment to reinstate the revised section 105 in the bill. 
     Thank you for your consideration of this request. We look 
     forward to working with you on this and other Western issues 
     in the future.
           Sincerely,

                                             Dave Freudenthal,

                                              Governor of Wyoming,
                                     Chair, WGA, Co-lead Governor.

                                             Janet Napolitano,

                                              Governor of Arizona,
     Co-lead Governor.
                                  ____


 Specially Protected Areas Potentially Impacted by West-Wide Corridors


                                Arizona

       Agua Fria National Monument
       Area 51 Proposed Wilderness
       Belmont Mountains Proposed Wilderness
       Black Canyon/Perry Mesa Proposed Wilderness
       Castle Creek Wilderness Area
       Chiricahua National Monument and Wilderness
       Crossman Peak Proposed Wilderness
       Eagle Tail Mountains Wilderness
       Glenn Canyon National Recreation Area
       Harcuvar Mountains Proposed Wilderness
       Harquahala/Hummingbird Proposed Wilderness
       Havasu National Wildlife Refuge and Wilderness
       Hell's Gate Wilderness Area
       Hell's Gate/Boulder USFS Roadless
       Humming Bird Springs/Harquahala Wilderness
       Ironwood Forest National Monument
       Lake Mead National Recreation Area
       Las Cienegas National Conservation Area
       Lime Creek USFS Roadless
       Mojave Wash Proposed Wilderness
       Mount Nut Wilderness
       New Water Mountains Wilderness
       Padre Canyon USFS Roadless
       Pine Mountain/Cedar Bench Wilderness
       Saddle Mountain Proposed Wilderness
       Saguro National Park and Wilderness Area
       San Pedro Riparian National Conservation Area
       Sand Tank Mountains Proposed Wilderness
       Santa Rita/Whetstone/Middle Dragoon/Chiricahua USFS 
     Roadless
       Sonoran Desert National Monument
       South Maricopa Mountain Wilderness
       Strawberry Crater Wilderness
       Swansea/Buckskin Mountain Proposed Wilderness
       Swanzea Wilderness
       Table Top Wilderness
       Talon Tank Mountains Proposed Wilderness
       Vermillion Cliffs NM and Paria-Canyon Vermillion Cliffs 
     Wilderness
       West Clear Creek/Fossil Springs/Mazatal Wilderness


                               California

       Adams Peak USFS Roadless
       Beegum/West Beegum USFS Roadless
       Benton Range/Glass Mtn./WSAs 102, 103
       Bigelow Cholla Garden Wilderness
       Bristol Mountinas Wilderness
       Buffalo Smoke WSA
       Burnt Lava Flow and Medicine Lake USFS Roadless
       Cady Mountains WSA
       California Desert National Conservation Area
       Castle Craigs Wilderness
       Castle Peak USFS Roadless
       Chanchelulla Wilderness
       Chidago Canyon Proposed Wilderness
       Chinquapin USFS Roadless
       Chuckwalla Mountinas Wilderness
       Clipper Mountains Wilderness
       Coyote Southeast and John Muir #9 USFS Roadless
       Crater Mountain
       Damon Butte USFS Roadless
       Dead Mountain Wilderness
       Deep Wells USFS Roadless
       Dobie Flat/Lavas and Captain Jack USFS Roadless
       Dog Creek and Backbone USFS Roadless
       El Paso Mountains Wilderness
       Excelsior USFS Roadless
       Golden Trout Wilderness
       Grouse Lakes USFS Roadless
       Headwaters Forest Preserve
       Hollow Hills Wilderness
       Jacumba Wilderness
       Joshua Tree National Park
       Mayfield USFS Roadless
       Mecca Hills Wilderness
       Mojave National Preserve
       Mt. Lassic USFS Roadless
       Newberry Mountains Wilderness
       Orocopia Mountains Wilderness
       Owens Peak Wilderness
       Paiute and Inyo Mountains USFS Roadless
       Piute Mountains Wilderness
       Rodman Mountains Wilderness
       Sacatar Trail Wilderness
       Salt Gulch/Chanchelulla USFS Roadless
       Santa Rosa/San Jacinto Mountains National Monument
       Slate Creek USFS Roadless
       Soda Mountain Proposed Wilderness
       Soda Mountains WSA
       South Fork and South Fork Trinity USFS Roadless
       South Sierra USFS Roadless
       South Sierra Wilderness
       Trilobite Wilderness
       Tule Mountain WSA
       Volcanic Tableland Proposed Wilderness
       Wonoga Peak and John Muir #12 USFS Roadless
       WSAs 116 and 123
       WSAs 99-101


                                Colorado

       Bushy Creek/Morrison Creek USFS Roadless
       Canyon Creek/263 Rare 2 USFS Roadless
       Craters of the Moon National Monument
       Cross Mountain WSA and proposed additions
       Curecanti National Recreation Area
       Gunnison Gorge National Conservation Area
       Kelly Creek/Byers Peak/James Peak USFS Roadless
       Pinyon Ridge Proposed Wilderness
       Sarvis Creek Wilderness
       Skull Creek/Red Cloud Peak/ Willow Creek/Bull Canyon WSAs 
     and Proposed Additions
       South Shale Ridge/Cow Ridge/Little Bookcliffs Proposed 
     Wilderness
       Storm Peak USFS Roadless
       Vasquez Peak and Byers Peak Wilderness
       Weber-Menefee Mountain WSA and proposed additions
       West Elk Addition Proposed Wilderness


                                 Idaho

       Black Canyon WSA
       California Trail
       Continental Divide Trail
       Craters of the Moon National Monument
       Garfield Mountain USFS Roadless
       Hagerman Fossil Bends National Monument
       Italian Peaks/McKenzie Canyon/Sourdough Mountain/Four Eyes 
     Canyon/Garfield Mountain USFS Roadless
       King Hill Creek WSA
       Mead Peak/Dry Ridge/Huckleberry USFS Roadless
       Minidoka Interment National Monument
       Oregon Trail
       Shoshone/Lava WSAs
       Snake River Birds of Prey National Conservation Area


                                Montana

       Beaverhead-Deerlodge USFS Roadless
       Black Sage WSA
       Bridger/Crazy Mountain USFS Roadless
       Continental Divide Trail
       Grant-Kohrs Ranch National Historic Site
       Henneberry Ridge, Bell/Limkilns Canyon, Hidden Pasture 
     Creek WSAs
       Humbug Spires WSA
       Lazyman Gulch/Electric Peak/Whitetail/Haystack USFS 
     Roadless
       Lewis and Clark Trail
       Skitwish Ridge/Graham Coal/Evans Gulch/Mt. Bushnell/Cherry 
     Peak/Patricks Knob-North Cuttoff/South Siegle
       Sleeping Giant/Sheep Creek WSAs
       Wales Creek and Hoodoo Mountain WSAs


                                 Nevada

       Black Rock Desert-High Rock Canyon Emigrant Trails National 
     Conservation Area and Wilderness Area
       Blue Eagle/Riordan's Well WSAs
       California Trail
       Desert National Wildlife Refuge
       Gabbs Valley Range WSA
       Goshute Canyon WSA
       Mount Limbo/Fox Range/Poodle Mountain WSAs
       Old Spanish Trail
       Pony Express Trail
       Red Rock Canyon National Conservation Area
       Sloan Canyon National Conservation Area
       South Pequop WSA


                               New Mexico

       Aden Lava Flor/West Potrillo Mountains WSAs
       Bisti/De-Na-Zin Wilderness
       Bitter Lake National Wildlife Refuge
       Bosque del Apache Wilderness
       Cabezon/La Lena WSAs
       Chupadera Proposed Wilderness Addition
       Continental Divide Trail
       El Camino Real de Tierra Adentro
       Florida Mountains WSA and Proposed Additions
       Greater Potrillos Proposed Wilderness Additions
       Ojito Wilderness

[[Page H9743]]

       Pena Blanca Proposed Wilderness
       Penasco Canyon Proposed Wilderness
       Pyramid Mountains/Gore Canyon/Granite Peak/Lordsburg Playa 
     Proposed Wilderness
       Salt Creek Wilderness
       San Luis Proposed Wilderness
       Sandia Mountain Wilderness
       Sevilleta National Wildlife Refuge
       Veranito WSA and Proposed Additions


                                 Oregon

       Alvord Desert/Bowden Hills WSA
       Badlands WSA
       Basque Hills/Rincon WSAs
       Big Bend Mountain/Jones Creek Proposed Wilderness
       Buckhorn Mountain/Maple Gulch/Soda Mountain Proposed 
     Wilderness
       Camp Creek WSA
       Cascade-Siskiyou National Monument
       Clackamus W&S River
       Clarks Butte/Lower Owyhee Canyon WSAs
       Cougar Well/Hampton Butte WSAs
       Crane Mountain USFS Roadless
       Devil Garden Lavabed WSA
       Dry Mountain/Sundown Ridge/Upper Mill Creek/Coffeepot 
     Creek/Cow Creek Proposed Wilderness
       East Branch and West Branch of the California Trail
       Fish Creek Rim WSA
       Forks of the Walla Walla/Lookingglass Creek/Little Phillips 
     Canyon/Moonshine Canyon-North Mount Emily/M
       Guano Creek WSA
       Hager Mountain/Benny Creek/Lower Sycan Butte/Whiskey Creek/
     Bryant Mountains Proposed Wilderness
       Horse Camp Rim/Adobe Flat/Horse Shoe Meadows/Crane Mountain 
     Proposed Wilderness
       Lower Deschuttes W&S River
       Mamaloose Lake/South Fork Clackamus/Mistletoe-Clackamus 
     River/Big Bottom/Pinhead Butte Complex Propo
       Mark O. Hatfield Wilderness
       Oregon Canyon
       Oregon Trail
       Owyee W&S River
       Pacific Crest Trail
       Pine Mountain/North Pot Holes/Scattered Lava/Nameless Lava/
     Lower Ground Butte/West of Sand Spring/Firest
       Steens Mountain National Conservation Area and Steens 
     Mountain Wilderness
       Umatilla National Wildlife Refuge
       White W&S River


                                  Utah

       418,000 units in Uinta/Ashley Forests USFS Roadless
       Antelope Range Proposed Wilderness
       Arches National Park
       Arches Proposed Wilderness Complex
       Beehive Creek/City Creek USFS Roadless
       Behind the Rocks/Mill Creek Canyon WSAs
       Bourdette Draw/Bull Canyon Proposed Wilderness
       California Trail
       Cedar Mountains Wilderness
       Cove Mountain/Atchinson/Mogotsu/Gum Hill USFS Roadless
       Desolation Canyon WSA and Proposed Additions
       Grand Staircase-Escalante National Monument
       Grassy Mountains S Proposed Wilderness
       Lone Peak/Mount Timpanagos Wilderness
       Mount Nebo Wilderness
       Mountain Home Range/jackson Wash/The Toad/South Wah-Wah 
     Proposed Wilderness
       Old Spanish Trail
       Price River/Lost Spring Wash Proposed Wilderness
       Public Grove/Willard/Upper South Fork USFS Roadless
       Rockwell WSA and Little Sahara Proposed Wilderness
       Sand Ridge Proposed Wilderness
       Square Top Mountain/Scarecrow Peak/Beaver Dam Mountains N 
     and South/Beaver Dam Wash Proposed Wild
       Stansbury Island Proposed Wilderness
       Upper Kanab Creek/Vermillion Cliffs/Glass Eye Canyon/Timber 
     Mountain Proposed Wilderness
       Welsville Mountain Wilderness


                               Washington

       Black Canyon Proposed Wilderness and USFS Roadless
       Chopaka Mountain WSA
       Granite Mountain/Tiffany Proposed Wilderness and USFS 
     Roadless
       Juniper Dunes Wilderness
       Lake Roosevelt National Recreation Area
       Lewis and Clark Trail
       McNary National Wildlife Refuge
       Nason Ridge/Entiat Proposed Wilderness and USFS Roadless
       Oregon Trail

  Mr. GORDON of Tennessee. Mr. Chairman, I rise in support of this 
legislation. Our Nation sits at a crossroads--we can follow the path of 
business-as-usual, or we can transform our energy paradigm by tapping 
into the Sun, the oceans, the Earth, and America's most abundant and 
renewable resource--the human spirit of innovation that has given us 
the standard of living we enjoy today.
  The Committee on Science and Technology has worked hard to address 
our energy challenges, and passed twelve bipartisan, consensus-driven 
energy and environment research bills, seven of which are included in 
the legislation before us today.
  My bill, H.R. 364 establishes an Advanced Research Projects Agency 
for Energy, or ARPA-E, which will focus on developing transformational 
energy technologies;
  H.R. 906, The Global Change Research and Data Management Act 
introduced by Mr. Udall and Mr. Inglis, restructures Federal climate 
research to provide much needed information for developing response, 
adaptation, and mitigation strategies for communities and businesses;
  H.R. 1933, also by Mr. Udall, authorizes large-scale demonstrations 
of carbon capture and storage technologies, so that we may continue to 
use our vast resources of coal in a more environmentally benign way;
  H.R. 2304 by Representative McNerney will expand our existing 
geothermal energy R&D, in particular to develop Enhanced Geothermal 
Systems;
  H.R. 2313 by Representative Hooley will give researchers in the field 
of Marine Renewable Energy the support they need to move experimental 
marine energy technologies to commercial viability.
  H.R. 2773 introduced by Mr. Lampson will set forth new research on 
biofuels including studies on infrastructure needs and studies to 
improve the efficiency of biorefineries;
  And finally, H.R. 2774 by Congresswoman Giffords creates several 
important solar R&D programs, including programs on energy storage 
technology for concentrating solar power plants and solar energy 
workforce training;
  Each of these pieces which are part of the package before us today 
will enhance our country's energy security and I commend my colleagues 
for their leadership and vision. The sheer scale and complexity of our 
energy challenge means that Congress should begin laying the groundwork 
today. I urge my colleagues to support this important legislation.
  Ms. DeLAURO. Mr. Chairman, we know what is possible for our Nation, 
if we choose to move seriously and quickly down the path to energy 
independence. We know what this choice means.
  Energy independence means demanding more efficiency and smarter 
technology for our cars, homes, businesses, and industry. Energy 
independence means investing in our communities and plugging their 
resources and workforce into vibrant, expanding markets.
  It means developing new technologies that create new jobs through 
America's economic backbone: our innovation industries. If we want to 
make opportunity real for more Americans--if we want to keep our nation 
strong even as our new economy continues to change--there is no better 
way to do it, than by investing in a new energy future.
  This bill--The New Direction for Energy Independence, National 
Security, and Consumer Protection Act--makes investments across the 
spectrum, to promote renewable energy, grow our economy, create new 
jobs, lower energy prices, and begin to address global warming. It is 
time to reduce our reliance on foreign oil--an addiction that threatens 
our environment, our economy, and our national security.
  It is an ambitious initiative, to be sure, but nothing less will 
secure our nation's energy future. It is time to stop talking about 
energy independence, and start moving toward it.
  We can do that today with this legislation, by providing a historic 
investment in homegrown biofuels and giving incentives for plug-in 
hybrid vehicles rather than Hummers. We can promote and improve the use 
of truly efficient products from mass transit and fleets of cars to 
lighting and buildings, and we are finally doing our part, to make the 
federal government a leader in reducing energy usage and greenhouse gas 
emissions.
  But this is not just about specific provisions from today's important 
legislation. It is also a recognition that by embracing tomorrow's 
great challenges we create great opportunity. That when it comes to 
addressing those energy challenges--from the soaring price of gas to 
rising temperatures around the world to the dangerous actions of 
hostile regimes abroad--we need the right leadership with clear 
direction and bold vision. That there is nothing America cannot achieve 
if we put our minds to it, harnessing our future to our own spirit of 
ingenuity and innovation.
  Mrs. CAPPS. Mr. Chairman, as a member of the Energy and Commerce 
Committee and the Natural Resources Committee, I rise in strong support 
of H.R. 3221, The New Direction for Energy Independence, National 
Security, and Consumer Protection Act.
  Today, our economy relies on fossil fuels for energy and we simply 
must change that.
  Even President Bush admits we're ``addicted to oil'' and that this 
addiction is harming our country.
  The best way to beat this addiction is to stop using so much oil and 
gas by reducing demand, promoting renewables and alternative fuels, and 
encouraging smarter technologies.
  Focusing more attention on the potential of clean energy is something 
that I and others on this side of the aisle have been advocating for 
years.
  And since America is not exactly awash in oil and gas, reducing our 
dependence on them would be good not only for our environment, but for 
our economy and our national security as well.

[[Page H9744]]

  But, to be honest, we have to do more than talk about the potential 
that clean and safe energy has for this country.
  We have to provide the mechanisms to bring these energy sources to 
market and make changes in energy policy to encourage their use.
  And that's exactly what H.R. 3221 does.
  It encourages the efficient use of energy by creating new and 
stronger appliance and green building standards, and it promotes smart 
grid technology and plug-in hybrids.
  It also takes important steps toward restoring sound stewardship to 
the management of our public lands by ensuring responsible domestic 
energy development.
  And it creates a comprehensive framework to help address the negative 
impacts of global warming on our wildlife, public lands, oceans, and 
coasts.
  While I greatly appreciate the hard work that has gone into crafting 
this legislation, I look forward to the House doing more.
  Like increasing fuel economy standards for cars and trucks, 
increasing the use of homegrown renewables like wind and solar by 
requiring more electricity come from these resources, and adopting a 
national policy to deal with global warming.
  Madam Speaker, the American people want real, meaningful solutions to 
our nation's energy challenges.
  The leadership in the last Congress was driven by a futile desire to 
drill our way to energy independence.
  It attempted to do that by lavishing huge tax breaks on Big Oil and 
neglecting efforts to reduce demand and encourage clean energy.
  This bill delivers on the Democratic majority's promise of a new 
energy future.
  It will strengthen national security, promote economic growth and 
create jobs, lower energy prices and begin to combat the serious threat 
of global warming.
  I urge all my colleagues to support this legislation because it will 
pave the way to a cleaner and more sustainable energy future.
  Ms. LEE. Mr. Chairman, I rise in strong support of H.R. 3221, the New 
Direction for Energy Independence, National Security and Consumer 
Protection Act.
  This important legislation combines recommendations from 10 different 
committees to put us on a path to true energy independence.
  It creates new energy efficiency standards to reduce demand; it 
supports the development and distribution of green power from renewable 
energy sources; and it spurs further innovation and research on 
alternative energy sources.
  This is also a jobs creation bill designed to prepare the United 
States to compete in and help lead the green global marketplace of the 
future.
  It trains a new generation of workers with green skills, it assists 
and empowers small businesses to cut costs and scale up innovative 
energy solutions, and it ensures that research investments in green 
technology will translate to new, good paying, green jobs.
  This bill helps our nation respond to the growing threat of global 
warming by accelerating the use of renewable energy and cutting 
greenhouse gas emissions, encouraging mass transit, and expanding 
carbon capture and sequestration programs.
  The bill also recognizes that we must lead by example at home and 
abroad. It requires the Federal Government to become carbon neutral by 
2050, implements green building standards and greens Federal vehicle 
fleets; and it attempts to reengage us in binding global agreements to 
reduce greenhouse gas emissions.
  Mr. Speaker these initiatives all build upon work that is already 
taking place throughout our great nation. In many ways the California 
Bay Area and my district in particular are at the forefront of 
innovation and research on alternative energy, climate change and the 
environment.
  Ongoing research into alternative and renewable energy at UC 
Berkeley--one of the premier public universities in the country--holds 
the promise of a cleaner and brighter future for our children.
  Businesses in my district have also taken the lead in greening their 
activities to reduce waste, improve energy efficiency, and save water--
minimizing their impact on our environment.
  Innovative programs funded in part through the City of Oakland are 
also training youth in my district about the importance of 
environmental stewardship and are providing them with new job 
opportunities and new career paths.
  Community based organizations in my district have also taken the lead 
in advocating for environmental justice and equity for all our 
constituents.
  Together our community is at the forefront of a robust environmental 
movement that is quite literally changing the world for the better.
  I urge my colleagues to pass H.R. 3221 and to help accelerate these 
efforts in my district and throughout the Nation.
  Mr. CONYERS. Mr. Chairman, I rise in strong support of H.R. 3221, The 
New Direction for Energy Independence, National Security, and Consumer 
Protection Act. This landmark Energy Independence legislation will help 
make our nation more secure by reducing our dependence on foreign oil; 
reduce costs to consumers by promoting greater efficiency and smarter 
technology; create new American jobs; and make our Nation a leader in 
reducing global warming.
  H.R. 3221 reduces our dependence on foreign oil in a number of 
important ways. It makes the largest investment in history to improve 
how we grow, produce, transport, and store biofuels that will fuel our 
cars and trucks. It provides a plug-in hybrid vehicle tax credit for 
individuals and encourages the domestic development and production of 
advanced technology vehicles and the next generation of plug-in hybrid 
vehicles. The initiative also includes tax incentives for biking to 
work, encourages people to take mass transit, and promotes cleaner 
buses, ferries, and trains. In addition, H.R. 3221 repeals subsidies 
and tax giveaways to Big Oil.
  The New Direction for Energy Independence, National Security, and 
Consumer Protection Act contains a number of provisions to lower energy 
costs to consumers, including landmark energy efficiency provisions 
that would save consumers and businesses at least $300 billion through 
2030. It would reduce energy costs to consumers through more energy 
efficient appliances, such as dishwashers, clothes washers, 
refrigerators and freezers and assist consumers with improving 
efficiency of existing homes, as well as building energy efficient new 
homes. H.R. 3221 also extends existing tax credits for the production 
of renewable energy, including solar, wind, biomass, geothermal, hydro, 
landfill gas and trash combustion, as well as creating new incentives 
for the use and production of renewable energy.
  The major investments in renewable energy technologies included in 
this bill have the potential to create 3 million new American jobs over 
10 years. The bill creates an Energy Efficiency and Renewable Energy 
Worker Training Program to train a quality workforce for ``green'' 
jobs. To spur innovation, H.R. 3221 creates an Energy Department agency 
to coordinate high-risk, high-payoff energy technology research and 
development that private industry is not likely to pursue on its own. 
The bill increases loan limits to help small business develop energy 
efficient technologies and purchases; provides information and 
assistance to small business to reduce energy costs; and increases 
investment in small firms that are developing renewable energy 
solutions.
  Finally, H.R. 3221 takes major steps to reduce global warming. Its 
energy efficiency provisions will not only save consumers and 
businesses money, but will also reduce carbon dioxide emissions by as 
much as 10.4 billion tons through 2030, more than the annual emissions 
of all of the cars on the road in America today. This initiative calls 
on the U.S. to re-engage and lead the global effort on a binding global 
warming agreement, with commitments from all the major emitters 
including China, India, and Brazil. Because the federal government is 
the largest energy consumer in the United States, the bill promotes 
federal leadership on reducing global warming by requiring federal 
government operations to be carbon-neutral by 2050. These provisions 
will save taxpayers $7.5 billion through 2030. Finally, this initiative 
takes aggressive steps on carbon capture and sequestration to come up 
with a cleaner way to use coal. The United States must lead the way in 
developing this critical technology to reduce global warming throughout 
the world.
  I would also like to address the important amendment to this bill 
offered by Repesentatives Udall and Platts, which I will support. The 
Udall/Platts amendment creates a national renewable energy standard 
(RES) requiring electric utilities to provide a gradually increasing 
amount of their electricity through the use of renewable energy 
resources. A national RES would save consumers billions of dollars from 
lower energy bills and create tens of thousands of new jobs.
  The amendment's initial requirement, in year 2010, is 2.75 percent of 
a utility's electricity. This gradually increases to 15 percent by 
2020. The amendment permits utilities to meet up to 27 percent of their 
targeted requirement through energy efficiency savings (the equivalent 
of up to 4 percent of the 15 percent requirement). It gives credit for 
existing renewables. In addition, utilities get credit for all actions 
taken pursuant to a state portfolio standard associated with renewable 
electric generation. I believe this gradual, flexible approach is a 
reasonable way to provide the right incentives and market signals to 
diversify our electricity supply with clean, renewable energy sources 
that will help keep our air and water clean and start us down a path 
that will combat global warming.
  Ms. NORTON. Mr. Chairman, the Subcommittee on Economic Development, 
Public

[[Page H9745]]

Buildings and Emergency Management of the Transportation Committee has 
jurisdiction over General Service Administration, GSA, activities and 
programs as the property manager for the Federal Government. GSA itself 
owns over 1,500 Federal buildings comprising over 175 million square 
feet of space. The agency leases another 7,100 buildings with a total 
rentable area of over 176 million square feet of space. Because GSA is 
a lease holder for the vast majority of office space controlled by the 
Federal Government, the agency can also have a pivotal role in energy 
conservation in the private sector as well.
  According to a September 2006 Department of Energy report, the public 
and private building sector together account for an amazing 39 percent 
of total U.S. energy consumption, more than both the transportation and 
industry sectors. Even more surprising public and private sector 
buildings, like those under our jurisdiction, are responsible for 71 
percent of U.S. electricity consumption. These buildings in the United 
States alone account for 9.8 percent of carbon dioxide emissions 
worldwide. U.S. buildings are responsible for nearly the same amount of 
carbon emissions as all sectors of the economies of Japan, France, and 
the United Kingdom combined.
  The Federal Government is the world's single largest energy consumer 
and the most prolific in wasting energy in the world today. Yet, for 
years our Government has pursued and achieved energy savings that 
demonstrate that we are capable of moving with far greater results. 
Primary energy use by the Federal Government, for example, fell 13 
percent during the past 20 years, with a 25 percent decrease in energy 
costs in real terms, despite a 27 percent increase in fuel prices in 
the U.S. in 2005. In this bill, we begin to build on these results.
  Subtitle A of Title VI offers simple yet very effective measures to 
immediately effect energy consumption in Federal buildings. The title 
includes a provision to direct the Administrator of General Services to 
install in newly constructed or newly renovated Federal buildings 
energy efficient lighting fixtures and light bulbs. Further, it also 
directs the Administrator of General Services, in the course of routine 
maintenance of Federal buildings, to replace existing bulbs and 
fixtures with more energy efficient fixtures and bulbs.
  Title VI also requires that GSA include in the prospectuses for 
construction or alteration, submitted to Congress for approval, 
information about building energy performance and renewable energy 
systems. This provision will enable the Transportation and 
Infrastructure Committee to examine anticipated energy consumption in 
new Federal buildings to make sure the buildings meet the highest 
standards possible.
  Further Title VI authorizes the Administrator of GSA to sign utility 
contracts for not more than 30 years. This one provision will allow the 
GSA a longer time frame to hedge against increasing electricity prices 
in the market. The longstanding trend in electricity pricing is ever-
increasing inflationary pressure as time advances. Thus a longer power 
purchase agreement, PPA, secures a fixed rate for a longer period and 
provides greater insulation against inflationary trends.
  As a final provision, Title VI contains the language to authorize the 
installation of the photovoltaic wall at the Department of Energy 
headquarters building here on Independence Ave. and provides funding 
for this historic project from the Federal building fund at the General 
Services.
  Subtitle C of Title VI deals with the Architect of the Capitol and 
authorizes the Architect of the Capitol to perform a feasibility study 
regarding the installation of a photovoltaic roof on the Rayburn House 
Office Building. Further Subtitle C authorizes the Architect to 
construct a fuel tank and pumping stations for E-85 fuel at or within 
close proximity of the Capitol grounds. The Architect is directed to 
include energy efficient measures and renewable energy in the Capitol 
Complex Master Plan and transmit a report to the Transportation and 
Infrastructure Committee on the energy efficient measures, climate 
mitigation measures, and other environmental measures included in the 
Master Plan.
  Mr. OBERSTAR. Mr. Chairman, I rise in strong support of the amendment 
offered by Mr. Hoyer. In particular, this Manager's package includes 
two provisions submitted as an amendment by the Committee on 
Transportation and Infrastructure: a provision to help maximize the 
energy efficiency of the Capitol Power Plant, CPP, and a provision to 
help expand intercity bus service. I thank the Speaker and the 
gentleman from Maryland for including these important enhancements to 
the bill.
  This amendment requires the Architect of the Capitol to operate the 
steam boilers and the chiller plant at the Capitol Power Plant in the 
most efficient manner possible. Adopting these changes will reduce the 
carbon emissions and energy required to operate the building of the 
House of Representatives and result in cost savings for the American 
people.
  This provision implements recommendations outlined in the final 
report on the ``Green the Capitol'' initiative, which was issued and 
submitted to Congress on June 21, 2007. The recommendations draw on the 
research conducted by the Department of Energy's Lawrence Berkley 
Laboratory, LBL, on the operating practices of the CPP. According to 
this research, operation of the House buildings was responsible for 
approximately 91,000 tons of Carbon Dioxide-Equivalent Emissions 
(CO2-e) emissions in fiscal year 2006. This value is 
equivalent to the annual (CO2-e) emissions of 17,200 cars.
  The LBL study determined that the current CPP practices do not take 
into account operating differences by season. Specifically, the chilled 
water temperature could be raised in the winter when less cooling is 
needed and the steam pressure could be lowered in the summer when less 
heat is needed. The level of steam pressure could be lowered overall 
because energy needs in the buildings have decreased over time.
  The estimated cost of fine-tuning the steam pressure used to supply 
House office buildings is approximately $10,000 and results in an 
annual savings of $417,000 per year. The costs of tuning the boilers 
could be recouped in direct energy savings in just 1 week. The 
anticipated costs for optimizing the chilled water distribution to the 
House office buildings is approximately $25,000 and could save about 
$340,000 annually. The costs of this effort could be recouped in direct 
energy savings in just 1 month.
  The amendment also will require the Architect of the Capitol to 
ensure the accuracy of the steam and chilled water meters in the House 
office buildings as part of standard maintenance practice, to maximize 
energy efficiency.
  These are small changes, but they stand to have a big impact on 
improving the energy efficiency of the Capitol Power Plant, and in 
turn, reduce the energy consumption required to operate House 
buildings. This amendment allows the Federal Government to lead by 
example in the promotion of energy efficiency.
  The Manager's package also makes technical corrections to the section 
of the bill authorizing grants to improve public transportation 
services. The bill provides that grant funds are to be used either to 
reduce public transportation fares or to expand public transportation 
service in both urban and rural areas. However, current law authorizes 
intercity buses to provide public transportation services between rural 
areas in order to provide additional, meaningful transit services to 
those areas. Therefore, in order for the grant funds provided under 
this bill to be used for eligible purposes under current law, this 
technical amendment is needed to authorize intercity bus services as an 
eligible use of grant funds.
  I strongly support this amendment and urge its adoption.
  Mr. ALLEN. Mr. Chairman, if this Congress is serious about wanting to 
address the causes and consequences of climate change, then it is 
critical that we invest in the infrastructure we need to monitor and 
forecast that change.
  Earlier this year I introduced H.R. 2342, The National Integrated 
Coastal and Ocean Observing System Act of 2007. This important 
legislation would create an integrated ocean observing, monitoring, and 
forecasting system, modeled after Maine's Gulf of Maine Ocean Observing 
System, that could save lives and billions of dollars annually.
  I am pleased to announce that my bill has been included in this 
energy bill, H.R. 3221. I commend Speaker Pelosi and Chairman Rahall of 
the Natural Resources Committee for their leadership and foresight in 
including this legislation to give all of our citizens tools that they 
need to plan for and adapt to global climate change.
  In addition to monitoring and forecasting climate change, the Ocean 
Observing System would protect coastal communities and protect the 
economic interests of ocean-going industries like shipping and 
commercial fishing by improving warnings of tsunamis, hurricanes, 
coastal storms, El Nino events, and other natural hazards.
  I applaud this and other climate change provisions in the bill and I 
urge my colleagues to support it.
  Mr. PETRI. Mr. Chairman, I want to take this opportunity to highlight 
and express my support for a provision included in H.R. 3221 that would 
establish a solar demonstration project.
  U.S. industry has begun to commercialize a number of devices such as 
solar light tubes, which use solar concentrators, reflectors and 
lenses, light fibers, and other technologies to direct natural light 
into buildings, tunnels and other enclosures to augment or replace 
light from traditional fixtures.
  Sec. 4306 of this bill would establish a research and development 
program to provide

[[Page H9746]]

assistance in the demonstration and commercial application of direct 
solar renewable energy sources to provide alternatives to traditional 
power generation for lighting and illumination, including light pipe 
technology, and to promote greater energy conservation and improved 
efficiency.
  This type of technology presents an economically feasible and 
affordable solution for the private and public sector to reduce its 
reliance on the electrical grid. This in turn will have positive 
effects on both the environment and our overall demand on traditional 
power sources.
  I have visited a company in my district which is engaged in very 
innovative and cost efficient light technology, and there are many 
other such efforts around the country that are developing exciting new 
products. As we look to diversify our energy sources, we need to enact 
policies that make it easier to harness the power of the market and 
spur the entrepreneurial and innovative sector of this country.
  If we get this right, the United States will gain an even greater 
competitive advantage around the world while becoming less reliant on 
other countries--all in an environmentally responsible manner.
  When we go to conference, I urge that this important demonstration 
project be included in the final conference report.
  Ms. MATSUI. Mr. Chairman, the debate over our Nation's energy policy 
is both a national and a local one. Energy policy impacts our national 
security, our international trade balance, and our relations with other 
countries.
  At the same time, energy policy reaches into every single State, 
county, and Congressional district.
  The energy bill we consider today recognizes this fact. It makes 
significant investments in the new energy sources, research, and 
technology that will power our economy in the future. It revolutionizes 
our energy policy at the national and local levels. And it improves the 
way local communities around the country use, generate, and conserve 
power.
  In my hometown of Sacramento, energy is an especially important local 
issue. Sacramento is located at the confluence of two mighty rivers, 
and at the base of a large watershed. This leaves us vulnerable to 
catastrophic floods that are made more likely because of global 
warming. The more we burn fossil fuels for energy, the higher our flood 
risk.
  In Sacramento, changing our national energy policy means reducing our 
dependence on foreign oil, preserving our environment, and stopping 
global warming. It also means protecting our homes.
  Mr. Chairman, the people of Sacramento are eager to change their 
energy consumption habits. In fact, we have already made significant 
investments in a new energy economy.
  Sacramento has a growing clean-energy industry that is poised to take 
off. Our local utility produces significant electricity from solar, 
wind, and methane gas sources. Every day, more and more of the 
Sacramento region's homes, businesses, and vehicles are powered by 
renewable energy.
  But my constituents need help from the Federal Government. That is 
why I am so proud to stand before the House today in support of this 
energy package. The investments it makes in clean energy complement and 
support what is already happening in Sacramento.
  The bill's tax incentives for renewable energy bonds are crucial for 
my local electric utility. The biofuels that will be developed because 
of this legislation will power my constituents' cars. The people I 
represent will work in some of the 3 million new green-collar jobs it 
creates. My constituents will find it easier to take public transit 
because of the Transportation and Infrastructure Committee's title.
  This energy bill helps Sacramento continue to lead our country's 
energy revolution, Mr. Chairman. Our Nation and our energy supply will 
be more secure once we pass it.
  I urge my colleagues to support this landmark legislation.
  Mr. WAXMAN. Mr. Chairman, I rise in support of the Sarbanes-Wolf 
amendment to H.R. 3221, the New Direction for Energy Independence, 
National Security, and Consumer Protection Act.
  The Sarbanes-Wolf amendment requires Federal agencies to improve 
their telework programs to allow more employees to participate in 
telework. This amendment is a positive addition to the bill we are 
considering today. Telework plays an important role in reducing energy 
consumption, air pollution, and traffic congestion.
  Telework has a number of benefits beyond energy savings, including 
cost savings for agencies and better scheduling flexibility for 
employees.
  Greater use of telework can also allow the Federal Government to 
function in the event of an emergency, whether it is a natural disaster 
or a terrorist attack. During Hurricane Katrina, a number of Federal 
workers were displaced and had to scramble to find alternate worksites. 
Last year, the IRS headquarters building was closed due to flooding and 
IRS employees had to work from home or from other offices. Effective 
telework programs can help agencies better respond to these situations. 
Yet, despite these benefits, some agencies continue to underutilize 
telework.
  In 2000, Congress mandated that each executive agency ``establish a 
policy under which eligible employees of the agency may participate in 
telecommuting to the maximum extent possible without diminished 
employee performance.''
  According to the most recent survey by the Office of Personnel 
Management, only about 119,000 of the approximately 2 million Federal 
employees participated in telework in 2005. That is even with OPM 
counting employees who only teleworked once per month.
  This amendment ensures that every Federal employee is eligible to 
telework unless they have a job that cannot be done from home or from 
an alternate worksite.
  This amendment is needed because although some agencies have 
successful telework programs, there are agencies that do not appear to 
be doing all they can to make telework available to employees. For 
example, according to the Department of Transportation, of the over 
43,000 employees that work at the Federal Aviation Administration, only 
about 13,000 are eligible to telework. That is just 30 percent of FAA 
employees. There are also agencies that are not doing enough to inform 
management and employees about telework programs.
  This amendment addresses one of the biggest challenges to telework 
identified by agencies, resistance from management. Under this 
amendment, agencies are required to provide telework training to 
managers and new employees. This amendment also requires agencies to 
directly notify employees in writing of their eligibility for telework 
programs.
  This amendment will provide needed improvements to Federal telework. 
This amendment is an important step in reducing the Federal 
Government's energy use. I urge my colleagues to support the Sarbanes-
Wolf amendment.
  Mr. McNERNEY. Mr. Chairman, today is a landmark day for our country's 
path towards energy indepence, and I would like to thank my colleagues 
and the committees that have worked so hard to make enactment of this 
forward-thinking legislation possible. H.R. 3221, the New Direction for 
Energy Independence, National Security, and Consumer Protection Act, 
marks a major step towards a secure, sustainable energy future.
  Mr. Chairman, I am fortunate to serve on three committees that 
contributed significantly to the bill we are considering, and I have 
seen the tremendous collaboration that went into the creation of this 
comprehensive legislation. And as someone who has spent more than two 
decades working with wind energy and other forms of new energy 
technologies, I am particularly proud of our work here today.
  Not only is the energy package we are debating today good for our 
environment and good for our security, it is also good for our economy. 
Estimates are that clean energy technology could create almost half a 
million new jobs--an entire spectrum of good-paying American jobs.
  In addition, I am pleased that my bill, H.R. 2304, the Advanced 
Geothermal Energy Research and Development Act, has been included in 
this energy package. Geothermal energy is one of the most promising 
renewable energy sources, and it has the potential to generate vast 
amounts of clean electricity.
  Geothermal, which utilizes the earth's natural heat, provides 
constantly-available baseload power, not limited by factors such as 
sunlight or wind conditions. Additionally, geothermal energy is 100 
percent domestically produced--truly helping to lead our Nation to 
energy independence.
  To extract geothermal energy today, engineers must tap into pre-
existing water reservoirs near the surface. However, recent research 
indicates that new geothermal resources called Enhanced Geothermal 
Systems, or EGS, could greatly expand geothermal use and potentially 
generate as much as 100 gigawatts of power in the next half century. 
That is enough clean, environmentally friendly energy, to power 75 
million homes.
  EGS is in the early stages of development, and H.R. 2304, which has 
been incorporated into the bill we are debating today, authorizes 
Federal assistance for the research and development needed to make EGS 
both technically feasible and economic.
  I would request that all of my colleagues join me in supporting the 
energy package before us today.
  Mr. BUTTERFIELD. Mr. Chairman, I am proud of the Democratic majority 
for its boldness in bringing this Energy Bill to the House floor on 
this Saturday morning.
  You know, 20 years ago it was the academics that were talking about 
energy independence and climate change. Today, it is a

[[Page H9747]]

conversation all across America and the American people are expecting 
us to do something about it.
  This Energy Bill is not a perfect bill but it is a responsible piece 
of legislation. It represents the views of competing interests and it 
begins us on that long road to energy independence.
  My State of North Carolina is eager to be part of developing 
solutions. We have lost over 100,000 textile jobs since 1997. This 
legislation will usher in significant job creation that will replace 
some of the lost jobs. Microcell Corporation is a hydrogen fuel cell 
company in my district that's made a giant leap and is now ready to 
produce their cells on a large scale. With this breakthrough, over 
1,000 good paying jobs will be created in this rural district.
  I am proud to tell you that our State legislature has enacted an 
ambitious Renewable Portfolio Standard that is reasonably related to 
our ability to reach energy independence. Other states have done the 
same thing and others will do so as we move in this new direction.
  Finally, I am proud to be a part of an effort to include Historically 
Black Colleges and Universities in the research and development of 
Cellulosic Ethanol for transportation fuels. These institutions have 
wanted to be part of developing ethanol from biomass but they have not 
had the opportunity.
  This bill makes $50 million available for minority serving 
institutions to engage in this research on a competitive basis. I 
introduced this concept to the Energy and Commerce Committee and I am 
proud that we finally reached a bipartisan agreement to include this 
language in the final bill.
  I urge my colleagues to vote for final passage.
  Mr. UDALL of Colorado. Madam Speaker, as a cosponsor of H.R. 3221 I 
rise in strong support of this very important legislation. It will 
begin the process of putting our country on a path toward energy 
independence, increased national security and economic growth, and 
addressing global warming. When combined with the legislation from the 
Ways and Means Committee, it will provide long-term incentives to boost 
production of electricity from renewable sources, including wind, 
solar, biomass, geothermal, river currents, ocean tides, landfill gas, 
and trash combustion resources.
  Other incentives will help expand production of homegrown fuels such 
as cellulosic ethanol and biodiesel and encourage more E-85 pumps to 
supply flex-fuel vehicles. The bill will encourage manufacturers to 
build more efficient appliances, help working families afford fuel-
efficient plug-in hybrid vehicles, and help businesses create energy-
efficient workplaces. It will encourage deployment of renewable energy 
by enabling electric cooperatives and public power providers to use new 
clean renewable energy bonds to help finance facilities to generate 
electricity from renewable resources. And it will help states leverage 
tax credit bonds to implement low-interest loan programs and grant 
programs to help working families purchase energy-efficient appliances, 
and make energy-efficient home improvements. Further, the bill will 
create an Energy Efficiency and Renewable Energy Worker Training 
Program to train Americans for good ``green'' jobs that will be created 
by new renewable-energy and energy-efficiency initiatives.
  I am glad the bill includes a requirement for a Renewable Electricity 
Standard (RES), added by an amendment by my cousin Rep. Tom Udall, Rep. 
Todd Platts, and others, including myself. This is a great victory--the 
first time an RES has ever passed the House of Representatives--and it 
means that despite the strong opposition of those who prefer the status 
quo, the movement for positive change has grown stronger. Implementing 
a national RES will benefit rural communities, save consumers money, 
reduce air pollution, and increase reliability and energy security.
  There are many other good provisions--but I am particularly proud of 
parts originating in two Committees on which I serve, which include 
many provisions based on legislation I introduced.


              Science and Technology Committee Provisions

  The part of the bill developed by the Committee on Science and 
Technology includes provisions from two of my bills that will help us 
mitigate and adapt to climate change, although the bill does not 
directly address reducing the greenhouse gas emissions that contribute 
to climate change.


               Global Change Research and Data Management

  Although we know that climate change is occurring, we still need 
economic and technical information as well as information about system 
responses and climate responses to design cost effective policies will 
achieve emissions reductions and avoid dangerous impacts of future 
climate change. Subtitle G, the Global Change Research and Data 
Management Act of 2007, will help provide this information. It will 
update and improve the U.S. Global Change Research Program (USGCRP) to 
provide more user-driven research and information. The USGCRP 
coordinates federal climate change research and has contributed much to 
our understanding of climate change since its creation in 1990--but we 
now need to expand this information and tailor it to the needs of 
decisionmakers confronted with management and mitigation challenges. I 
would like to thank my colleague, Mr. Inglis from South Carolina, who 
is an original cosponsor on the bill that this provision is based on, 
for his help in improving this language.


                     Carbon Sequestration Research

  Carbon sequestration is one promising technology to help us address 
climate change. Coal and other fossil fuels have been and will continue 
to be an important energy source for our country, but coal burning 
power plants are also a major source of greenhouse gas emissions and 
other pollutants. The carbon capture and storage research, development, 
and demonstration program authorized in this bill will help us tackle 
this challenge. This provision will authorize the Department of Energy 
to conduct two separate projects, with up to five projects for carbon 
capture and up to seven projects to test for large-scale carbon dioxide 
injection and storage. Not only will this help us develop this 
technology and make it more economical, it will also help us understand 
the implications of storing large amounts of carbon dioxide 
underground.
  We must begin to address the climate change challenge, but we must 
not cause irreparable harm to our economy in the process. Both of these 
research provisions will help ensure that we have the technology and 
the information to address climate change.


                 Natural Resources Committee Provisions

  The part of the bill developed in the Natural Resources Committee 
will ensure greater accountability from companies drilling for oil and 
gas on federal lands by, among other things, requiring more audits to 
ensure American taxpayers received all royalties owed and by ensuring 
companies that were erroneously given royalty-free leases for drilling 
will pay fair royalties. This part of the bill also authorizes a 
nationwide assessment of geological formations capable of sequestering 
carbon dioxide underground and a review of the potential for carbon 
sequestration in ecosystems. It calls for development of a national 
strategy to assist wildlife populations and their habitats and provides 
states with new funding to assist wildlife in adapting to global 
warming.
  It also has sections based on my bill, H.R. 1180, the ``Western 
Waters and Farm Lands Protection Act'' regarding protection of surface 
owners, reclamation, and protection of water supplies.


                        Surface Owner Protection

  In many parts of the country, the owner of some land's surface does 
not necessarily own the underlying minerals. And in Colorado and other 
Western States, those mineral estates often belong to the federal 
government while the surface estates are owned by others, including 
farmers and ranchers. This split-estate situation can lead to 
conflicts. The surface-owner provisions are intended to address this 
issue by establishing a system for development of federal oil and gas 
in split-estate situations. It requires the Interior Department to give 
surface owners advance notice of lease sales that would affect their 
lands and to notify them of subsequent events related to proposed or 
ongoing developments related to such leases. In addition, it requires 
that anyone proposing to drill for federal minerals in a split-estate 
situation must first try to reach an agreement with the surface owner 
that spells out what will be done to minimize interference with the 
surface owner's use and enjoyment and to provide for reclamation of 
affected lands and compensation for any damages. It is important to 
note that a surface owner ultimately could not block development of oil 
or gas underlying his or her lands. While I support development of 
energy resources where appropriate, I also believe that this must be 
done responsibly and in a way that demonstrates respect for private 
property rights. That is what this part of the bill is designed to 
accomplish.


             Reclamation Requirements and Water Protection

  Another part of the bill addresses reclamation of affected lands. It 
would amend the Mineral Leasing Act by adding an explicit requirement 
that parties that produced oil or gas (including coal-bed methane) 
under a federal lease must restore the affected land so it will be able 
to support the uses it could support before the energy development. 
Toward that end, this part of the bill requires development of 
reclamation plans and posting of reclamation bonds. The bill also 
requires oil and gas operators to give the protection of water a 
priority by requiring them to submit a plan for water management when 
they file for a permit to drill. It also provides that oil or gas 
operators who damage a water resource--by contaminating it, reducing 
it, or interrupting it--must remedy the damage or provide replacement 
water to the water users. And it specifies that water produced under a 
mineral lease must be dealt with in ways that comply with all federal 
and state requirements and includes language making clear it will not 
affect state water laws.

[[Page H9748]]

  Water is a precious commodity in the arid, drought-ridden West--as 
important as our energy resources. We must not sacrifice our water in 
our zeal to develop oil and gas resources. This bill will help ensure 
it will be protected and reclaimed as we produce domestic energy 
supplies.


                               Oil Shale

  The bill also includes provisions I helped develop regarding future 
commercial-scale development of oil shale. They are intended to make it 
more likely that any commercial development of oil shale occurs in an 
orderly way that takes full advantage of the important research and 
development work now underway.
  Under these provisions, the BLM would not be faced with an 
unrealistic deadline for finishing the programmatic environmental 
impact statement that is now being prepared, but they would still have 
to go ahead and finish it. Then, the BLM will have a year--not just 6 
months, as under current law--to prepare commercial leasing 
regulations. And, instead of final regulations, these will be proposed 
regulations, with at least 120 days for people in Colorado--and 
everyone else--to review and comment on them. The new bill also calls 
for developing an overall strategy for sustainable and publicly 
acceptable large-scale development of oil shale in Colorado, Utah, and 
Wyoming, and it retains the current law's requirement for consultations 
with the Governors of Colorado, Utah, and Wyoming before any commercial 
leases are issued.
  I believe the environmental analysis being done by BLM will help 
everyone understand what will be involved in any commercial leasing 
program, even though it cannot and will not answer all the questions. 
But I believe that the timing of any oil shale development under the 
provisions of this bill will be a better way to proceed and more likely 
to yield a good result, as will the part of the bill that makes it 
clear that full environmental review will be required prior to issuing 
any specific commercial lease, which will remove doubts and lay the 
right foundation for future decisions.


                             Oil Shale Fund

  In addition, the bill includes (in a separate part) the provision 
that I added in the Natural Resources Committee to establish a fund to 
help local governments pay for infrastructure and services made 
necessary by future commercial oil shale development. This provision 
reflects my concern about what large-scale commercial development of 
oil shale can mean for Colorado's Western Slope and the problems it 
could bring to that mostly rural part of our state. Coloradans remember 
the seriously disruptive economic impacts on our communities from 
previous oil shale development efforts. I think the federal 
government--if it is going to promote development of this resource 
again--should also learn from that experience and help mitigate any 
potential impacts from an oil shale program. That's what this provision 
is designed to accomplish.


                        Roan Plateau Provisions

  Finally, I must mention the section dealing with the Roan Plateau 
planning area, in Colorado, which Representative John Salazar and I 
worked to have included. The Roan Plateau is not just another place. 
Nearly a century ago, it was set aside because President Wilson thought 
someday we would need its oil shale to fuel the Navy's ships. Of 
course, that didn't happen--and the area was mostly untouched until 
1997, when Congress transferred it from the Energy Department to the 
Interior Department's Bureau of Land Management, or BLM. Since then, 
the BLM has leased 12,000 acres for oil and gas drilling and has worked 
on developing a plan for the rest. The bill would not affect any of the 
lands that have already been leased. And it would not even affect all 
of the lands that are still untouched. Instead, it would affect only 
the Federal lands on the top of the plateau--the highest and most 
sensitive part of the area.
  It deals only with the lands on the top of the Roan Plateau itself. 
That's where you find the stands of aspen and spruce trees and the 
headwaters of streams that support five rare, pure populations of our 
native cutthroat trout, in stretches above and below two of Colorado's 
highest waterfalls. And those lands on top are the prime places for 
wildlife, including herds of deer and elk. That's why they are so 
important to hunters and anglers--not just from the Western Slope but 
many visitors as well--who every year generate millions of dollars for 
the local economy. And that's why protecting them is supported by 
sportsmen and sportswomen--for example, the Colorado Chapter of the 
Backcountry Hunters and Anglers--and such groups as Trout Unlimited as 
well as by many other people across Colorado--from Battlement Mesa and 
Basalt to Silt, Salida, and Saguache--who want to slow BLM's rush to 
lease every last inch of the Roan Plateau.
  Neither Rep. Salazar nor I am against energy development. But we are 
for balance. There is an energy boom in Colorado, with the 
administration pushing BLM to lease as much and as fast as possible, 
although thousands of acres already under lease remain undeveloped. As 
we develop the energy we need, we should remember that places like the 
Roan Plateau are important not just for their riches of oil and natural 
gas but also for riches in the form of streams, trees and other plants, 
and the fish and wildlife populations that depend on them for habitat. 
We need to assure that the energy ``boom'' does not mean a ``bust'' for 
those values--for from that bust there may be no recovery. That is the 
rationale for the Roan Plateau section of this bill. It does two 
things. First, it requires that each lease of federal land on the top 
of the Roan Plateau have a ``no surface occupancy'' stipulation. That 
means the oil, gas, or other minerals must be accessed from another 
location through directional drilling--for example, from non-federal 
lands or lands elsewhere in the Roan Plateau planning area.
  Second, this part of the bill requires the Treasury Department to 
report how much has been collected in royalties from already-leased 
lands in the Roan Plateau planning area, and requires the Interior 
Department to tell us how much work remains to be done to clean up 
contaminated areas so as to recoup the funds the federal government 
spent for infrastructure in the lands before they were transferred to 
the Interior Department. To understand the reason for requiring these 
reports, remember the terms under which the lands were transferred from 
the Department of Energy. To pay for needed cleanup work and to recover 
infrastructure costs, the transfer legislation says the normal sharing 
of mineral royalties with the relevant State will not start until it is 
certified to Congress that the federal government has received enough 
to cover (1) The cost of all needed environmental restoration, waste 
management, and environmental compliance activities, (2) the costs 
incurred to install wells, gathering lines, and related equipment and 
(3) any other costs incurred by the United States on the lands. The 
required reports will provide Congress with an update of the amount of 
royalties that have been collected and how much work remains to be 
done. With that information, we will have a better idea of whether the 
time has come to revisit the transfer act with an eye to allowing the 
State of Colorado to start receiving part of the royalties from mineral 
leases in the area.
  Madam Speaker, I have been working for several years to achieve 
passage of the surface-owner, reclamation, and water-protection 
provisions of this bill. And Representative Salazar and I have worked 
to protect the most sensitive part of the Roan Plateau. These 
provisions help provide for balance in energy development in Colorado 
and across the West and were developed through listening to the 
concerns of landowners, water users and communities. I strongly urge 
their approval--along with the rest of this excellent legislation--by 
the House.
  Mr. CASTLE. Mr. Chairman, the work of this Congress will not be 
complete until we act to tackle our greatest hurdle in this area, 
climate change. While this energy bill moves us closer to a cleaner and 
more sustainable energy future for the 21st century, we must not stop 
short of enacting a comprehensive global warming plan that places 
mandatory limits on harmful global warming pollution.
  At a time when the oil and gas industry continues to see record 
profit, the tax package, H.R. 2776, which includes provisions similar 
to those that passed the House in January, would repeal oil and gas tax 
breaks and use the revenue to promote the renewable energy production 
and use; energy efficiency in residential property; and bonds for state 
and local governments to fund energy conservation efforts, among many 
other new incentives. I am pleased the legislation includes a long-term 
extension of the renewable production tax credit, however, I oppose the 
cap placed on the credit for wind, and hope that agreement on a 
straight extension of the current credit will be reached during 
negotiations with the Senate.
  H.R. 3221 takes preliminary steps toward a more secure, diverse, and 
domestic energy portfolio that will help spur investment in new 
technology. The legislation repeals royalty relief for oil and gas 
producers on leased federal land and takes preliminary steps to address 
climate change. The bill restores protections to public lands that will 
continue to allow oil and gas development while better protecting fish 
and wildlife, and water resources. It sets new efficiency standards for 
appliances, lighting and buildings, while authorizing billions for the 
research and development of sustainable energy sources and alternative 
fuels. And, it authorizes funding for research and development: for the 
higher production of biofuels, like cellulosic ethanol, which can be an 
economic driver in rural communities; and for carbon capture and 
sequestration, an essential element in addressing climate change, 
particularly in the U.S. where coal is abundant.
  Offshore wind can play an important part in diversifying the nation's 
energy supply and easing our demand for fossil fuels. For this reason, 
I proposed an amendment to require

[[Page H9749]]

the agency charged with developing new rules for new offshore wind 
energy production to update Congress on their progress. These 
guidelines are long overdue and are not expected to be ready for over a 
year. We need to know the reason for the delay and what can be done to 
move things along, so communities wishing to invest in this clean, 
renewable technology can move forward. This is of critical importance 
to the state of Delaware who has not only agreed to produce 20 percent 
of its electricity from renewable sources by 2020, but has made a 
strong commitment to offshore wind resources as a component of its 
energy portfolio. Without these rules, promising offshore wind projects 
are being delayed across the country at a time when additional clean 
energy could curb air pollution and climate change. I look forward to 
working with the appropriate agencies to make sure our renewable energy 
resources are developed in a timely and environmentally friendly 
manner.
  I also supported a key amendment to create a 15 percent national 
renewable electricity standard, which will help lower energy costs, 
create new jobs and help diversifying our energy supply with clean, 
renewable sources, like wind and solar energy. This standard will 
hopefully begin to ease pressure on natural gas prices and help reduce 
carbon emissions quickly. While I am a cosponsor of legislation to 
create a 20 percent national renewable electricity standard, 
complimenting Delaware's recently adopted standard, this compromise is 
the first step in engaging with the Senate on this critical issue.
  I regret that the House did not follow the lead of the Senate to 
tackle increasing vehicle fuel economy. Reasonable CAFE standards are 
both achievable and practical--and there is no question they would have 
a positive impact on fuel consumption in this country. While the issue 
of raising CAFE standards is not new and the proposals for how it 
should be achieved differ, it is my hope Congress will come to an 
agreement on a proposal that is both ambitious and achievable.
  In the end, I supported the energy package, because it represents 
important progress, but we clearly have much further to go. In fact, 
scientists say that if we are to have a good chance of avoiding 
potentially catastrophic repercussions of climate change, we must 
reduce emissions 60 percent to 80 percent by 2050. Through cap-and-
trade, based on a sound energy policy foundation, Congress can deliver 
the kind of reform business and industry need to grow the economy, 
stabilize the climate, and create more diverse and secure sources of 
energy. I sincerely hope the Speaker keeps the commitment to address 
this critical issue when the Congress returns in the fall.
  Mr. LANGEVIN. Mr. Chairman, it is with great pride that I rise in 
support of H.R. 3221, which will help our nation take a major step 
toward energy independence. I applaud the hard work and dedication of 
Speaker Pelosi, Majority Leader Hoyer and the Democratic leadership, as 
well as of the ten committees that contributed to this historic 
legislation, which I am proud to cosponsor.
  The Democratic Congress has made it a priority to enact a forward-
thinking energy policy that will strengthen our Nation. In January, the 
House passed H.R. 6, the CLEAN Act, which laid the framework for a new 
energy policy that guarantees access to affordable power, encourages 
energy conservation efforts, and pursues increased use of 
environmentally responsible and renewable sources of energy. Today we 
take the next step in that endeavor by considering H.R. 3221. This 
comprehensive bill includes a multitude of innovative programs and 
common-sense solutions to improve energy efficiency, invest in 
groundbreaking technologies, create the necessary infrastructure for 
alternative fuels and ensure that our workforce is properly trained for 
the economy of the future.
  As I have said many times, we cannot dig or drill our way out of our 
energy crisis. We need new strategies to develop sources of energy that 
will move our Nation away from our reliance on oil and gas. This effort 
will benefit our environment by reducing our greenhouse gas emissions, 
our economy by creating new industries and jobs, and our national 
security by reducing our dependence on foreign oil. Our nation has a 
history of successfully accomplishing great tasks when we work 
together, such as when we united to put a man on the moon. We need a 
similar effort with our national energy policy, and I am confident that 
the American people have the creativity, and resolve to succeed.
  We are not only investing in a new energy policy for America, but we 
are also doing it in a fiscally responsible manner. Gone are the days 
of corporate welfare and tax dollar handouts to oil and gas companies 
that are reaping record profits while consumers pay increasing prices 
at the pump. This legislation rescinds wasteful subsidies and closes 
loopholes that have allowed oil and gas companies to avoid taxation on 
their income. Consequently, the new programs and investments contained 
in this bill will not add to the deficit. In so doing, we demonstrate 
our commitment not only to our Nation's energy security, but also to 
its economic security.
  Today we will consider an amendment offered by the gentleman from New 
Mexico, Mr. Udall, to require electricity suppliers to have 15 percent 
of their electricity come from renewable sources by 2020. As a 
cosponsor of the gentleman's legislation to create a renewable 
electricity standard, I strongly support the amendment and urge all my 
colleagues to do so. I am proud to represent Rhode Island, one of more 
than twenty states to have enacted laws to set targets for electricity 
from renewable sources. Rhode Island has been ahead of the curve in 
promoting clean electricity sources, but the federal government must 
follow suit so that our entire Nation can reap the benefits of 
renewable energy.
  While I feel this bill could do more--particularly by increasing 
vehicle fuel efficiency standards, which have not risen appreciably in 
the last 20 years--I am proud that Congress is finally taking bold 
steps toward establishing a new energy policy that invests in new 
technologies, promotes the development of clean and renewable fuels and 
moves us toward energy independence. I urge all my colleagues to 
support this measure.
  Mr. WYNN. Mr Chairman, If we are serious about achieving energy 
independence and reducing global warming, Americans will have to change 
the way we live, the way we drive, and most importantly, we will have 
to change from conspicuous consumption to embrace the progressive 
ideals of conservation. And Congress will have to promote these 
changes, by making real investments in programs that reduce energy 
consumption and reduce emissions.
  This bill is a significant step toward these goals. However, it is 
only the first step. Critically, this bill does not address emissions 
caps or fuel efficiency standards, which the Energy and Commerce 
Committee will tackle after the Recess.
  Nonetheless, this bill does some very important things to promote a 
new energy paradigm for America.
  The bill creates national standards for heating and cooling systems, 
and mandates improvements to building codes to save energy on new 
buildings. The bill also contains lighting efficiency provisions based 
on legislation offered by Congresswoman Jane Harman, to significantly 
increase light bulb efficiency, and encourage the domestic production 
of more efficient light bulbs by U.S. manufacturers. I was proud to 
cosponsor that legislation, and am very pleased that it is in this 
bill.
  In the area of transportation, the bill provides loan guarantees for 
plug-in hybrid vehicles and advanced battery development, and grants to 
local governments to promote use of hybrid vehicles. This bill also 
includes grants for cellulosic ethanol production and requirements for 
renewable fuel pumps at what we have come to know as the ``gas'' 
station. This will increase market penetration of both renewable fuels 
and flex-fuel vehicles.
  In terms of electricity, the bill facilitates Smart Grid technology, 
to enable consumers and utilities to digitally monitor power usage in 
real-time, and use electricity more efficiently, by using power at 
times when demand is lower, and reducing use when demand is high.
  It is important that we move forward with Smart Grid now, and assist 
technology innovators and manufacturers, as well as utilities, by 
providing incentives to speed adoption of this new approach to our 
electricity grid. This is one of the many areas where ``Green'' jobs 
are being created.
  During our hearings in the Energy and Commerce Committee, the U.S. 
Conference of Mayors pointed out that if we are to achieve our energy 
and emissions goals, we need a partnership between the Federal, State, 
and City and County governments to address energy issues.
  I was pleased to work on this issue with the Conference of Mayors, 
and helped get authorization for $10 billion in Energy Efficiency Block 
Grants included in this bill. Modeled after the HUD Community 
Development Block Grant, this program will provide formula-based grants 
to cities, counties, and States.
  These grants would be used to: (1) fund building and home energy 
conservation programs; (2) develop ``green'' building codes to promote 
energy efficiency; (3) develop land use guidelines to promote energy 
efficiency, increased use of public transportation, and reduce traffic 
and commute times; and (4) other important local energy-saving 
programs.
  While much remains to be done, I believe this bill is an important 
step towards increasing American energy efficiency, energy 
independence, and reducing global warming.
  I urge my colleagues' support of this important bill, so Americans 
can start changing the way we live and our Government can begin to grow 
the Green economy.
  The Acting CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the amendment printed in part A of House Report 
110-

[[Page H9750]]

300 is adopted and the bill, as amended, is considered read.
  The text of the bill, as amended, is as follows:

                               H.R. 3221

       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 ``New 
     Direction for Energy Independence, National Security, and 
     Consumer Protection Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                          TITLE I--GREEN JOBS

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

 TITLE II--INTERNATIONAL CLIMATE COOPERATION RE-ENGAGEMENT ACT OF 2007

Sec. 2001. Short title.
Sec. 2002. Definitions.

       Subtitle A--United States Policy on Global Climate Change

Sec. 2101. Congressional findings.
Sec. 2102. Congressional statement of policy.
Sec. 2103. Office on Global Climate Change.

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

Sec. 2201. Congressional findings.
Sec. 2202. United States assistance for developing countries.
Sec. 2203. United States exports and outreach programs for India, 
              China, and other countries.
Sec. 2204. United States trade missions to encourage private sector 
              trade and investment.
Sec. 2205. Actions by Overseas Private Investment Corporation.
Sec. 2206. Actions by United States Trade and Development Agency.
Sec. 2207. Global Climate Change Exchange program.
Sec. 2208. Interagency Working Group to support a Clean Energy 
              Technology Exports Initiative.

           Subtitle C--International Clean Energy Foundation

Sec. 2301. Definitions.
Sec. 2302. Establishment and management of Foundation.
Sec. 2303. Duties of Foundation.
Sec. 2304. Annual report.
Sec. 2305. Powers of the Foundation; related provisions.
Sec. 2306. General personnel authorities.
Sec. 2307. Authorization of appropriations.

              TITLE III--SMALL ENERGY EFFICIENT BUSINESSES

Sec. 3001. Short title.
Sec. 3002. Findings.
Sec. 3003. Larger 504 loan limits to help business develop energy 
              efficient technologies and purchases.
Sec. 3004. Reduced 7(a) fees and higher loan guarantees for purchase of 
              energy efficient technologies.
Sec. 3005. Small Business Sustainability Initiative.
Sec. 3006. Small Business Administration to educate and promote energy 
              efficiency ideas to small businesses and work with the 
              small business community to make such information widely 
              available.
Sec. 3007. Energy saving debentures.
Sec. 3008. Investments in energy saving small businesses.
Sec. 3009. Renewable fuel capital investment company.
Sec. 3010. Study and report.

                    TITLE IV--SCIENCE AND TECHNOLOGY

          Subtitle A--Advanced Research Projects Agency-Energy

Sec. 4001. Advanced Research Projects Agency-Energy.
Sec. 4002. Fund.
Sec. 4003. Advice.
Sec. 4004. ARPA-E evaluation.
Sec. 4005. Savings clause.

            Subtitle B--Marine Renewable Energy Technologies

Sec. 4101. Short title.
Sec. 4102. Findings.
Sec. 4103. Definitions.
Sec. 4104. Marine renewable energy research and development.
Sec. 4105. National Marine Renewable Energy Research, Development, and 
              Demonstration Centers.
Sec. 4106. Applicability of other laws.
Sec. 4107. Authorization of appropriations.

                     Subtitle C--Geothermal Energy

Sec. 4201. Short title.
Sec. 4202. Findings.
Sec. 4203. Definitions.
Sec. 4204. Hydrothermal research and development.
Sec. 4205. General geothermal systems research and development.
Sec. 4206. Enhanced geothermal systems research and development.
Sec. 4207. Geothermal energy production from oil and gas fields and 
              recovery and production of geopressured gas resources.
Sec. 4208. Cost sharing and proposal evaluation.
Sec. 4209. Centers for Geothermal Technology Transfer.
Sec. 4210. GeoPowering America.
Sec. 4211. Educational pilot program.
Sec. 4212. Reports.
Sec. 4213. Applicability of other laws.
Sec. 4214. Authorization of appropriations.

                        Subtitle D--Solar Energy

Sec. 4301. Short title.
Sec. 4302. Definitions.
Sec. 4303. Thermal energy storage research and development program.
Sec. 4304. Concentrating solar power commercial application studies.
Sec. 4305. Solar energy curriculum development and certification 
              grants.
Sec. 4306. Daylighting systems and direct solar light pipe technology.
Sec. 4307. Solar Air Conditioning Research and Development Program.
Sec. 4308. Photovoltaic demonstration program.

                          Subtitle E--Biofuels

Sec. 4401. Short title.
Sec. 4402. Biofuels and biorefinery information center.
Sec. 4403. Biofuels and advanced biofuels infrastructure.
Sec. 4404. Biodiesel.
Sec. 4405. Biogas.
Sec. 4406. Bioresearch centers for systems biology program.
Sec. 4407. Grants for biofuel production research and development in 
              certain States.
Sec. 4408. Biorefinery energy efficiency.
Sec. 4409. Study of increased consumption of ethanol-blended gasoline 
              with higher levels of ethanol.
Sec. 4410. Study of optimization of flexible fueled vehicles to use E-
              85 fuel.
Sec. 4411. Study of engine durability and performance associated with 
              the use of biodiesel.
Sec. 4412. Bioenergy research and development, authorization of 
              appropriation.
Sec. 4413. Environmental research and development.
Sec. 4414. Study of optimization of biogas used in natural gas 
              vehicles.
Sec. 4415. Standards for biofuels dispensers.
Sec. 4416. Algal biomass.

                 Subtitle F--Carbon Capture and Storage

Sec. 4501. Short title.
Sec. 4502. Carbon capture and storage research, development, and 
              demonstration program.
Sec. 4503. Review of large-scale programs.
Sec. 4504. Safety research.
Sec. 4505. Geological sequestration training and research.
Sec. 4506. University based research and development grant program.

                   Subtitle G--Global Change Research

Sec. 4601. Short title.

                     Part 1--Global Change Research

Sec. 4611. Findings and purpose.
Sec. 4612. Definitions.
Sec. 4613. Interagency cooperation and coordination.
Sec. 4614. United States Global Change Research Program.
Sec. 4615. National Global Change Research and Assessment Plan.
Sec. 4616. Budget coordination.
Sec. 4617. Vulnerability assessment.
Sec. 4618. Policy assessment.
Sec. 4619. Annual report.
Sec. 4620. Relation to other authorities.
Sec. 4621. Repeal.
Sec. 4622. Global change research information.
Sec. 4623. Ice sheet study and report.
Sec. 4624. Hurricane frequency and intensity study and report.

        Part 2--Climate and Other Global Change Data Management

Sec. 4631. Findings and purposes.
Sec. 4632. Definitions.
Sec. 4633. Interagency climate and other global change data management 
              working group.

                          Subtitle H--H-Prize

Sec. 4701. H-Prize.

                      TITLE V--AGRICULTURE ENERGY

Sec. 5001. Table of contents.
Sec. 5002. Federal procurement of biobased products.
Sec. 5003. Loan guarantees for biorefineries and biofuel production 
              plants.
Sec. 5004. Biodiesel fuel education program.
Sec. 5005. Energy audit and renewable energy development program.
Sec. 5006. Renewable energy systems and energy efficiency improvements.
Sec. 5007. Biomass Research and Development Act of 2000.
Sec. 5008. Adjustments to the bioenergy program.
Sec. 5009. Research, extension, and educational programs on biobased 
              energy technologies and products.
Sec. 5010. Energy Council of the Department of Agriculture.
Sec. 5011. Forest bioenergy research program.
Sec. 5012. Feedstock Flexibility Program for bioenergy producers.

                  TITLE VI--CARBON-NEUTRAL GOVERNMENT

Sec. 6001. Short title.
Sec. 6002. Findings.

 Subtitle A--Federal Government Inventory and Management of Greenhouse 
                             Gas Emissions

Sec. 6101. Inventory of Federal Government Greenhouse Gas Emissions.

[[Page H9751]]

Sec. 6102. Management of Federal Government Greenhouse Gas Emissions.
Sec. 6103. Pilot project for purchase of offsets and certificates.
Sec. 6104. Impact on agency's primary mission.
Sec. 6105. Savings Clause.
Sec. 6106. Definitions.
Sec. 6107. Authorization of appropriations.

            Subtitle B--Federal Government Energy Efficiency

Sec. 6201. Federal vehicle fleets.
Sec. 6202. Agency analyses for mobility acquisitions.
Sec. 6203. Federal procurement of energy efficient products.
Sec. 6204. Federal building energy efficiency performance standards.
Sec. 6205. Management of Federal building efficiency.
Sec. 6206. Leasing.
Sec. 6207. Procurement and acquisition of alternative fuels.
Sec. 6208. Contracts for renewable energy for executive agencies.
Sec. 6209. Government Efficiency Status Reports.
Sec. 6210. OMB Government Efficiency Reports and Scorecards.
Sec. 6211. Authorization of appropriations.
Sec. 6212. Judicial review.

           TITLE VII--NATURAL RESOURCES COMMITTEE PROVISIONS

Sec. 7001. Short title.

             Subtitle A--Energy Policy Act of 2005 Reforms

Sec. 7101. Fiscally responsible energy amendments.
Sec. 7102. Extension of deadline for consideration of applications for 
              permits.
Sec. 7103. Oil shale and tar sands leasing.
Sec. 7104. Limitation of rebuttable presumption regarding application 
              of categorical exclusion under NEPA for oil and gas 
              exploration and development activities.
Sec. 7105. Best management practices.
Sec. 7106. Federal consistency appeals.

Subtitle B--Federal Energy Public Accountability, Integrity, and Public 
                                Interest

 Chapter 1--Accountability and Integrity in the Federal Energy Program

Sec. 7201. Audits.
Sec. 7202. Fines and penalties.

Chapter 2--Amendments to Federal Oil and Gas Royalty Management Act of 
                                  1982

Sec. 7211. Amendments to definitions.
Sec. 7212. Interest.
Sec. 7213. Obligation period.
Sec. 7214. Tolling agreements and subpoenas.
Sec. 7215. Liability for royalty payments.

        Chapter 3--Public Interest in the Federal Energy Program

Sec. 7221. Surface owner protection.
Sec. 7222. Onshore oil and gas reclamation and bonding.
Sec. 7223. Protection of water resources.
Sec. 7224. Due diligence fee.

                         Chapter 4--Wind Energy

Sec. 7231. Wind Turbine Guidelines Advisory Committee.
Sec. 7232. Authorization of appropriations for research to study wind 
              energy impacts on wildlife.
Sec. 7233. Enforcement.
Sec. 7234. Savings clause.

                Chapter 5--Enhancing Energy Transmission

Sec. 7241. Power Marketing Administrations report.

             Subtitle C--Alternative Energy and Efficiency

Sec. 7301. State ocean and coastal alternative energy planning.
Sec. 7302. Canal-side power production at Bureau of Reclamation 
              projects.
Sec. 7303. Increasing energy efficiencies for water desalination.
Sec. 7304. Establishing a pilot program for the development of 
              strategic solar reserves on Federal lands.
Sec. 7305. OTEC regulations.
Sec. 7306. Biomass utilization pilot program.
Sec. 7307. Programmatic environmental impact statement.

        Subtitle D--Carbon Capture and Climate Change Mitigation

             Chapter 1--Geological Sequestration Assessment

Sec. 7401. Short title.
Sec. 7402. National assessment.

            Chapter 2--Terrestrial Sequestration Assessment

Sec. 7421. Requirement to conduct an assessment.
Sec. 7422. Methodology.
Sec. 7423. Completion of assessment and report.
Sec. 7424. Authorization of appropriations.

                  Chapter 3--Sequestration Activities

Sec. 7431. Carbon dioxide storage inventory.
Sec. 7432. Framework for geological carbon sequestration on Federal 
              lands.

           Chapter 4--Natural Resources and Wildlife Programs

     subchapter a--natural resources management and climate change

Sec. 7441. Natural Resources Management Council on Climate Change.

        subchapter b--national policy and strategy for wildlife

Sec. 7451. Short title.
Sec. 7452. National policy on wildlife and global warming.
Sec. 7453. Definitions.
Sec. 7454. National strategy.
Sec. 7455. Advisory board.
Sec. 7456. Authorization of appropriations.

         subchapter c--state and tribal wildlife grants program

Sec. 7461. State and Tribal Wildlife Grants Program.

                       Chapter 5--Ocean Programs

Sec. 7471. Ocean Policy, Global Warming, and Acidification Program.
Sec. 7472. Planning for climate change in the coastal zone.
Sec. 7473. Enhancing climate change predictions.

        Subtitle E--Royalties Under Offshore Oil and Gas Leases

Sec. 7501. Short title.
Sec. 7502. Price thresholds for royalty suspension provisions.
Sec. 7503. Clarification of authority to impose price thresholds for 
              certain lease sales.
Sec. 7504. Eligibility for new leases and the transfer of leases; 
              conservation of resources fees.
Sec. 7505. Repeal of certain taxpayer subsidized royalty relief for the 
              oil and gas industry.

                   Subtitle F--Additional Provisions

Sec. 7601. Oil shale community impact assistance.
Sec. 7602. Additional notice requirements.
Sec. 7603. Davis-Bacon Act.
Sec. 7604. Roan Plateau, Colorado.

             TITLE VIII--TRANSPORTATION AND INFRASTRUCTURE

Sec. 8001. Short title.
Sec. 8002. Findings and purposes.

                Subtitle A--Department of Transportation

Sec. 8101. Center for climate change and environment.

                    Subtitle B--Highways and Transit

                     Part 1--Public Transportation

Sec. 8201. Grants to improve public transportation services.
Sec. 8202. Increased Federal share for Clean Air Act compliance.
Sec. 8203. Commuter rail transit enhancement.

                      Part 2--Federal-Aid Highways

Sec. 8251. Increased Federal share for CMAQ projects.
Sec. 8252. Distribution of rescissions.
Sec. 8253. Sense of Congress regarding use of complete streets design 
              techniques.

            Subtitle C--Railroad and Pipeline Transportation

                           Part 1--Railroads

Sec. 8301. Advanced technology locomotive grant pilot program.
Sec. 8302. Capital grants for railroad track.

                           Part 2--Pipelines

Sec. 8311. Feasibility studies.

                  Subtitle D--Maritime Transportation

                       Part 1--General Provisions

Sec. 8401. Short sea transportation initiative.
Sec. 8402. Short sea shipping eligibility for capital construction 
              fund.
Sec. 8403. Report.

                       Part 2--Maritime Pollution

Sec. 8451. References.
Sec. 8452. Definitions.
Sec. 8453. Applicability.
Sec. 8454. Administration and enforcement.
Sec. 8455. Certificates.
Sec. 8456. Reception facilities.
Sec. 8457. Inspections.
Sec. 8458. Amendments to the protocol.
Sec. 8459. Penalties.
Sec. 8460. Effect on other laws.

                          Subtitle E--Aviation

Sec. 8501. Environmental mitigation pilot program.

                      Subtitle F--Public Buildings

                Part 1--General Services Administration

Sec. 8601. Public building energy efficient and renewable energy 
              systems.
Sec. 8602. Public building life-cycle costs.
Sec. 8603. Installation of photovoltaic system at department of energy 
              headquarters building.

                          Part 2--Coast Guard

Sec. 8631. Prohibition on incandescent lamps by Coast Guard.

                    Part 3--Architect of the Capitol

Sec. 8651. Capitol complex photovoltaic roof feasibility study.
Sec. 8652. Capitol complex E-85 refueling station.
Sec. 8653. Energy and environmental measures in Capitol complex master 
              plan.
Sec. 8654. Capitol Power Plant.
Sec. 8655. Promoting maximum efficiency in operation of Capitol Power 
              Plant.
Sec. 8656. Promoting maximum efficiency in operation of Capitol Power 
              Plant.

   Subtitle G--Water Resources and Emergency Management Preparedness

                        Part 1--Water Resources

Sec. 8701. Policy of the United States.
Sec. 8702. 21st Century Water Commission.
Sec. 8703. Study of Potential Impacts of Climate Change on Water 
              Resources and Water Quality.

[[Page H9752]]

Sec. 8704. Impacts of climate change on Corps of Engineers projects.

                      Part 2--Emergency Management

Sec. 8731. Effects of climate change on FEMA preparedness, response, 
              recovery, and mitigation programs.

                     TITLE IX--ENERGY AND COMMERCE

                Subtitle A--Promoting Energy Efficiency

Sec. 9000. Short title.

                      Part 1--Appliance Efficiency

Sec. 9001. Energy standards for home appliances.
Sec. 9002. Electric motor efficiency standards.
Sec. 9003. Residential boilers.
Sec. 9004. Regional variations in heating or cooling standards.
Sec. 9005. Procedure for prescribing new or amended standards.
Sec. 9006. Expediting appliance standards rulemakings.
Sec. 9007. Correction of large air conditioner rule issuance 
              constraint.
Sec. 9008. Definition of energy conservation standard.
Sec. 9009. Improving schedule for standards updating and clarifying 
              State authority.
Sec. 9010. Updating appliance test procedures.
Sec. 9011. Furnace fan standard process.
Sec. 9012. Technical corrections.
Sec. 9013. Energy efficient standby power devices.
Sec. 9014. External power supply efficiency standards.
Sec. 9015. Standby mode.
Sec. 9016. Battery chargers.
Sec. 9017. Walk-in coolers and walk-in freezers.

                      Part 2--Lighting Efficiency

Sec. 9021. Efficient light bulbs.
Sec. 9022. Incandescent reflector lamps.
Sec. 9023. Use of energy efficient lighting fixtures and bulbs.
Sec. 9024. Metal halide lamp fixtures.

                Part 3--Residential Building Efficiency

Sec. 9031. Encouraging stronger building codes.
Sec. 9032. Energy code improvements applicable to manufactured housing.
Sec. 9033. Baseline building designs.
Sec. 9034. Reauthorization of weatherization assistance program.

           Part 4--Commercial and Federal Building Efficiency

Sec. 9041. Definitions.
Sec. 9042. High-performance green Federal buildings.
Sec. 9043. Commercial high-performance green buildings.
Sec. 9044. Zero-energy commercial buildings initiative.
Sec. 9045. Public outreach.
Sec. 9046. Federal procurement.
Sec. 9047. Management of energy and water efficiency in Federal 
              buildings.
Sec. 9048. Demonstration project.
Sec. 9049. Energy efficiency for data center buildings.
Sec. 9050. Authorization of appropriations.
Sec. 9051. Study and report on use of power management software.
Sec. 9052. High-performance green buildings retrofit loan guarantees.

                  Part 5--Industrial Energy Efficiency

Sec. 9061. Industrial energy efficiency.

            Part 6--Energy Efficiency of Public Institutions

Sec. 9071. Short title.
Sec. 9072. Findings.
Sec. 9073. Definitions.
Sec. 9074. Technical Assistance Program.
Sec. 9075. Revolving Fund.
Sec. 9076. Reauthorization of State energy programs.

             Part 7--Energy Savings Performance Contracting

Sec. 9081. Definition of energy savings.
Sec. 9082. Financing flexibility.
Sec. 9083. Authority to enter into contracts; reports.
Sec. 9084. Permanent reauthorization.
Sec. 9085. Training Federal contracting officers to negotiate energy 
              efficiency contracts.
Sec. 9086. Promoting long-term energy savings performance contracts and 
              verifying savings.

       Part 8--Advisory Committee on Energy Efficiency Financing

Sec. 9089. Advisory committee.

             Part 9--Energy Efficiency Block Grant Program

Sec. 9091. Definitions.
Sec. 9092. Establishment of program.
Sec. 9093. Allocations.
Sec. 9094. Eligible activities.
Sec. 9095. Requirements.
Sec. 9096. Review and evaluation.
Sec. 9097. Technical Assistance and Education Program.
Sec. 9098. Authorization of appropriations.

                  Subtitle B--Smart Grid Facilitation

Sec. 9101. Short title.

                           Part 1--Smart Grid

Sec. 9111. Statement of policy on modernization of electricity grid.
Sec. 9112. Grid Modernization Commission.
Sec. 9113. Grid assessment and report.
Sec. 9114. Federal matching fund for smart grid investment costs.
Sec. 9115. Smart Grid technology deployment.
Sec. 9116. Smart Grid Information Requirements.
Sec. 9117. State consideration of incentives for Smart Grid.
Sec. 9118. DOE study of security attributes of Smart Grid systems.

                        Part 2--Demand Response

Sec. 9121. Electricity sector demand response.

                      Subtitle C--Loan Guarantees

Sec. 9201. Amount of loans guaranteed.
Sec. 9202. Exclusion of categories.

Subtitle D--Renewable Fuel Infrastructure and International Cooperation

                 Part 1--Renewable Fuel Infrastructure

Sec. 9301. Renewable fuel infrastructure development.
Sec. 9302. Prohibition on franchise agreement restrictions related to 
              renewable fuel infrastructure.
Sec. 9303. Renewable fuel dispenser requirements.
Sec. 9304. Pipeline feasibility study.
Sec. 9305. Study of ethanol-blended gasoline with greater levels of 
              ethanol.
Sec. 9306. Study of the adequacy of railroad transportation of 
              domestically-produced renewable fuel.
Sec. 9307. Standard specifications for biodiesel.
Sec. 9308. Grants for cellulosic ethanol production.
Sec. 9309. Consumer education campaign relating to flexible-fuel 
              vehicles.
Sec. 9310. Review of new renewable fuels or new renewable fuel 
              additives.
Sec. 9311. Domestic manufacturing conversion grant program.
Sec. 9312. Cellulosic ethanol and biofuels research.
Sec. 9313. Federal fleet fueling centers.
Sec. 9314. Study of impact of increased renewable fuel use.
Sec. 9315. Grants for renewable fuel production research and 
              development in certain States.
Sec. 9316. Study of effect of oil prices.
Sec. 9317. Biodiesel as alternative fuel for CAFE purposes.

            Part 2--United States-Israel Energy Cooperation

Sec. 9321. Short title.
Sec. 9322. Findings.
Sec. 9323. Grant program.
Sec. 9324. International Energy Advisory Board.
Sec. 9325. Definitions.
Sec. 9326. Termination.
Sec. 9327. Authorization of appropriations.
Sec. 9328. Constitutional authority.

      Subtitle E--Advanced Plug-In Hybrid Vehicles and Components

Sec. 9401. Advanced battery loan guarantee program.
Sec. 9402. Domestic manufacturing conversion grant program.
Sec. 9403. Plug-in hybrid vehicle program.
Sec. 9404. Plug-in hybrid demonstration vehicles.
Sec. 9405. Incentive for Federal and State fleets for medium and heavy 
              duty hybrids.
Sec. 9406. Inclusion of electric drive in Energy Policy Act of 1992.
Sec. 9407. Near-term electric drive transportation deployment program.
Sec. 9408. Studying the benefits of plug-in hybrid electric drive 
              vehicles and electric drive transportation.

        Subtitle F--Availability of Critical Energy Information

Sec. 9501. Findings.
Sec. 9502. Assessment of resources.

                          TITLE I--GREEN JOBS

     SEC. 1001. SHORT TITLE.

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

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

       Section 171 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2916) is amended by adding at the end the following:
       ``(e) Energy Efficiency and Renewable Energy Worker 
     Training Program.--
       ``(1) Grant program.--
       ``(A) In general.--Not later than 6 months after the date 
     of enactment of the Green Jobs Act of 2007, the Secretary, in 
     consultation with the Secretary of Energy, shall establish an 
     energy efficiency and renewable energy worker training 
     program under which the Secretary shall carry out the 
     activities described in paragraph (2) to achieve the purposes 
     of this subsection.
       ``(B) Eligibility.--For purposes of providing assistance 
     and services under the program established under this 
     subsection--
       ``(i) target populations of eligible individuals to be 
     given priority for training and other services shall 
     include--

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

       ``(ii) energy efficiency and renewable energy industries 
     eligible to participate in a program under this subsection 
     include--

[[Page H9753]]

       ``(I) the energy-efficient building, construction, and 
     retrofits industries;
       ``(II) the renewable electric power industry;
       ``(III) the energy efficient and advanced drive train 
     vehicle industry;
       ``(IV) the biofuels industry;
       ``(V) the deconstruction and materials use industries;
       ``(VI) the energy efficiency assessment industry serving 
     the residential, commercial, or industrial sectors; and
       ``(VII) manufacturers that produce sustainable products 
     using environmentally sustainable processes and materials.

       ``(2) Activities.--
       ``(A) National research program.--Under the program 
     established under paragraph (1), the Secretary, acting 
     through the Bureau of Labor Statistics, where appropriate, 
     shall collect and analyze labor market data to track 
     workforce trends resulting from energy-related initiatives 
     carried out under this subsection. Activities carried out 
     under this paragraph shall include--
       ``(i) tracking and documentation of academic and 
     occupational competencies as well as future skill needs with 
     respect to renewable energy and energy efficiency technology;
       ``(ii) tracking and documentation of occupational 
     information and workforce training data with respect to 
     renewable energy and energy efficiency technology;
       ``(iii) collaborating with State agencies, workforce 
     investments boards, industry, organized labor, and community 
     and nonprofit organizations to disseminate information on 
     successful innovations for labor market services and worker 
     training with respect to renewable energy and energy 
     efficiency technology;
       ``(iv) serving as a clearinghouse for best practices in 
     workforce development, job placement, and collaborative 
     training partnerships;
       ``(v) promoting the establishment of workforce training 
     initiatives with respect to renewable energy and energy 
     efficiency technologies; and
       ``(vi) linking research and development in renewable energy 
     and energy efficiency technology with the development of 
     standards and curricula for current and future jobs;
       ``(vii) assessing new employment and work practices 
     including career ladder and upgrade training as well as high 
     performance work systems;
       ``(viii) providing technical assistance and capacity 
     building to national and state energy partnerships, including 
     industry and labor representatives.
       ``(B) National energy training partnership grants.--
       ``(i) In general.--Under the program established under 
     paragraph (1), the Secretary shall award National Energy 
     Training Partnerships Grants on a competitive basis to 
     eligible entities to enable such entities to carry out 
     training that leads to economic self-sufficiency and to 
     develop an energy efficiency and renewable energy industries 
     workforce. Grants shall be awarded under this subparagraph so 
     as to ensure geographic diversity with at least 2 grants 
     awarded to entities located in each of the 4 Petroleum 
     Administration for Defense Districts with no subdistricts, 
     and at least 1 grant awarded to an entity located in each of 
     the subdistricts of the Petroleum Administration for Defense 
     District with subdistricts, as such districts are established 
     by the Secretary of Energy.
       ``(ii) Eligibility.--To be eligible to receive a grant 
     under clause (i), an entity shall be a non-profit partnership 
     that--

       ``(I) includes the equal participation of industry, 
     including public or private employers, and labor 
     organizations, including joint labor-management training 
     programs, and may include workforce investment boards, 
     community-based organizations, educational institutions, 
     small businesses, cooperatives, State and local veterans 
     agencies, and veterans service organizations; and
       ``(II) demonstrates--

       ``(aa) experience in implementing and operating worker 
     skills training and education programs;
       ``(bb) the ability to identify and involve in training 
     programs carried out under this grant, target populations of 
     workers who would benefit from activities related to energy 
     efficiency and renewable energy industries; and
       ``(cc) the ability to help workers achieve economic self-
     sufficiency.
       ``(iii) Priority.--Priority shall be given to partnerships 
     which leverage additional public and private resources to 
     fund training programs, including cash or in-kind matches 
     from participating employers.
       ``(C) State labor market research, information, and labor 
     exchange research program.--
       ``(i) In general.--Under the program established under 
     paragraph (1), the Secretary shall award competitive grants 
     to States to enable such States to administer labor market 
     and labor exchange information programs that include the 
     implementation of the activities described in clause (ii), in 
     coordination with the one-stop delivery system.
       ``(ii) Activities.--A State shall use amounts awarded under 
     a grant under this subparagraph to provide funding to the 
     State agency that administers the Wagner-Peyser Act and State 
     unemployment compensation programs to carry out the following 
     activities using State agency merit staff:

       ``(I) The identification of job openings in the renewable 
     energy and energy efficiency sector.
       ``(II) The administration of skill and aptitude testing and 
     assessment for workers.
       ``(III) The counseling, case management, and referral of 
     qualified job seekers to openings and training programs, 
     including energy efficiency and renewable energy training 
     programs.

       ``(D) State energy training partnership program.--
       ``(i) In general.--Under the program established under 
     paragraph (1), the Secretary shall award competitive grants 
     to States to enable such States to administer renewable 
     energy and energy efficiency workforce development programs 
     that include the implementation of the activities described 
     in clause (ii).
       ``(ii) Partnerships.--A State shall use amounts awarded 
     under a grant under this subparagraph to award competitive 
     grants to eligible State Energy Sector Partnerships to enable 
     such Partnerships to coordinate with existing apprenticeship 
     and labor management training programs and implement training 
     programs that lead to the economic self-sufficiency of 
     trainees.
       ``(iii) Eligibility.--To be eligible to receive a grant 
     under this subparagraph, a State Energy Sector Partnership 
     shall--

       ``(I) consist of non-profit organizations that include 
     equal participation from industry, including public or 
     private nonprofit employers, and labor organizations, 
     including joint labor-management training programs, and may 
     include representatives from local governments, the workforce 
     investment system, including worker investment agency one-
     stop career centers, community based organizations, community 
     colleges, and other post-secondary institutions, small 
     businesses, cooperatives, State and local veterans agencies, 
     and veterans service organizations;
       ``(II) demonstrate experience in implementing and operating 
     worker skills training and education programs; and
       ``(III) demonstrate the ability to identify and involve in 
     training programs, target populations of workers who would 
     benefit from activities related to energy efficiency and 
     renewable energy industries.

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

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

       ``(v) Coordination.--A grantee under this subparagraph 
     shall coordinate activities carried out under the grant with 
     existing other appropriate training programs, including 
     apprenticeship and labor management training programs, 
     including such activities referenced in subparagraph (C)(ii), 
     and implement training programs that lead to the economic 
     self-sufficiency of trainees.
       ``(E) Pathways out of poverty demonstration program.--
       ``(i) In general.--Under the program established under 
     paragraph (1), the Secretary shall award at least 10 
     competitive grants to eligible entities to enable such 
     entities to carry out training that leads to economic self-
     sufficiency. The Secretary shall give priority to entities 
     that serve individuals in families with income of less than 
     200 percent of the poverty threshold (as determined by the 
     Bureau of the Census) or a self-sufficiency standard for the 
     local areas where the training is conducted that specifies 
     the income needs of families, by family size, the number and 
     ages of children in the family, and sub-State geographical 
     considerations. Grants shall be awards to ensure geographic 
     diversity.
       ``(ii) Eligible entities.--To be eligible to receive a 
     grant an entity shall be a partnership that--

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

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

       ``(I) target programs to benefit low-income workers, 
     unemployed youth and adults, high school dropouts, or other 
     underserved sectors of the workforce within areas of high 
     poverty;
       ``(II) ensure that supportive services are integrated with 
     education and training, and delivered by organizations with 
     direct access to and experience with targeted populations;

[[Page H9754]]

       ``(III) leverage additional public and private resources to 
     fund training programs, including cash or in-kind matches 
     from participating employers;
       ``(IV) involve employers and labor organizations in the 
     determination of relevant skills and competencies and ensure 
     that the certificates or credentials that result from the 
     training are employer-recognized;
       ``(V) deliver courses at alternative times (such as evening 
     and weekend programs) and locations most convenient and 
     accessible to participants; and
       ``(VI) link adult remedial education with occupational 
     skills training.

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

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

     The Secretary shall assist grantees in the collection of data 
     under this clause by making available, where practicable, 
     low-cost means of tracking the labor market outcomes of 
     participants, and by providing standardized reporting forms, 
     where appropriate.
       ``(3) Activities.--
       ``(A) In general.--Activities to be carried out under a 
     program authorized by subparagraphs (B), (D), or (E) of 
     paragraph (2) shall be coordinated with existing systems or 
     providers, as appropriate. Such activities may include--
       ``(i) occupational skills training, including curriculum 
     development, on-the-job training, and classroom training;
       ``(ii) safety and health training;
       ``(iii) the provision of basic skills, literacy, GED, 
     English as a second language, and job readiness training;
       ``(iv) individual referral and tuition assistance for a 
     community college training program, or any training program 
     leading to an industry-recognized certificate;
       ``(v) internship programs in fields related to energy 
     efficiency and renewable energy;
       ``(vi) customized training in conjunction with an existing 
     registered apprenticeship program or labor-management 
     partnership;
       ``(vii) career ladder and upgrade training;
       ``(viii) the implementation of transitional jobs 
     strategies; and
       ``(ix) the provision of supportive services.
       ``(B) Outreach activities.--In addition to the activities 
     authorized under subparagraph (A), activities authorized for 
     programs under subparagraph (E) of paragraph (2) may include 
     the provision of outreach, recruitment, career guidance, and 
     case management services.
       ``(4) Worker protections and nondiscrimination 
     requirements.--
       ``(A) Application of wia.--The provisions of sections 181 
     and 188 of the Workforce Investment Act of 1998 (29 U.S.C. 
     2931 and 2938) shall apply to all programs carried out with 
     assistance under this subsection.
       ``(B) Consultation with labor organizations.--If a labor 
     organization represents a substantial number of workers who 
     are engaged in similar work or training in an area that is 
     the same as the area that is proposed to be funded under this 
     Act, the labor organization shall be provided an opportunity 
     to be consulted and to submit comments in regard to such a 
     proposal.
       ``(5) Performance measures.--
       ``(A) In general.--The Secretary shall negotiate and reach 
     agreement with the eligible entities that receive grants and 
     assistance under this section on performance measures for the 
     indicators of performance referred to in subparagraph (A) and 
     (B) of section 136(b)(2) that will be used to evaluate the 
     performance of the eligible entity in carrying out the 
     activities described in subsection (e)(2) . Each State and 
     local performance measure shall consist of such an indicator 
     of performance, and a performance level referred to in 
     subparagraph (B).
       ``(B) Performance levels.--The Secretary shall negotiate 
     and reach agreement with the eligible entity regarding the 
     levels of performance expected to be achieved by the eligible 
     entity on the indicators of performance.
       ``(6) Report.--
       ``(A) Status report.--Not later than 18 months after the 
     date of enactment of the Green Jobs Act of 2007, the 
     Secretary shall transmit a report to Congress on the training 
     program established by this subsection. The report shall 
     include a description of the entities receiving funding and 
     the activities carried out by such entities.
       ``(B) Evaluation.--Not later than 3 years after the date of 
     enactment of such Act, the Secretary shall transmit to 
     Congress an assessment of such program and an evaluation of 
     the activities carried out by entities receiving funding from 
     such program.
       ``(7) Definition.--As used in this subsection, the term 
     `renewable energy' has the meaning given such term in section 
     203(b)(2) of the Energy Policy Act of 2005 (Public Law 109-
     58).
       ``(8) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection, $125,000,000 
     for each fiscal years, of which--
       ``(A) not to exceed 20 percent of the amount appropriated 
     in each such fiscal year shall be made available for, and 
     shall be equally divided between, national labor market 
     research and information under paragraph (2)(A) and State 
     labor market information and labor exchange research under 
     paragraph (2)(C), and not more than 2 percent of such amount 
     shall be for the evaluation and report required under 
     paragraph (4);
       ``(B) 20 percent shall be dedicated to Pathways Out of 
     Poverty Demonstration Programs under paragraph (2)(E); and
       ``(C) the remainder shall be divided equally between 
     National Energy Partnership Training Grants under paragraph 
     (2)(B) and State energy training partnership grants under 
     paragraph (2)(D).''.

 TITLE II--INTERNATIONAL CLIMATE COOPERATION RE-ENGAGEMENT ACT OF 2007

     SEC. 2001. SHORT TITLE.

       This title may be cited as the ``International Climate 
     Cooperation Re-engagement Act of 2007''.

     SEC. 2002. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Affairs of the House of Representatives and the 
     Committee on Foreign Relations of the Senate.
       (2) Clean and efficient energy technology.--The term 
     ``clean and efficient energy technology'' means an energy 
     supply or end-use technology--
       (A) such as--
       (i) solar technology;
       (ii) wind technology;
       (iii) geothermal technology;
       (iv) hydroelectric technology; and
       (v) carbon capture technology; and
       (B) that, over its life cycle and compared to a similar 
     technology already in commercial use--
       (i) is reliable, affordable, economically viable, socially 
     acceptable, and compatible with the needs and norms of the 
     country involved;
       (ii) results in--

       (I) reduced emissions of greenhouse gases; or
       (II) increased geological sequestration; and

       (iii) may--

       (I) substantially lower emissions of air pollutants; or
       (II) generate substantially smaller or less hazardous 
     quantities of solid or liquid waste.

       (3) Geological sequestration.--The term ``geological 
     sequestration'' means the capture and long-term storage in a 
     geological formation of a greenhouse gas from an energy 
     producing facility, which prevents the release of greenhouse 
     gases into the atmosphere.
       (4) Greenhouse gas.--The term ``greenhouse gas'' means--
       (A) carbon dioxide;
       (B) methane;
       (C) nitrous oxide;
       (D) hydrofluorocarbons;
       (E) perfluorocarbons; or
       (F) sulfur hexafluoride.

       Subtitle A--United States Policy on Global Climate Change

     SEC. 2101. CONGRESSIONAL FINDINGS.

       Congress makes the following findings:
       (1) There is a global scientific consensus, as established 
     by the Intergovernmental Panel on Climate Change (IPCC) and 
     confirmed by the National Academy of Sciences, that the 
     continued build-up of anthropogenic greenhouse gases in the 
     atmosphere has been, and is now warming the earth and 
     threatens the stability of the global climate. By the 
     estimate of the IPCC, unmitigated global greenhouse gas 
     emissions could drive up global temperatures by as much as 7 
     to 11 degrees Fahrenheit by 2100.
       (2) Climate change is already having significant impacts in 
     certain regions of the world and on many ecosystems, with 
     poor populations being most vulnerable.
       (3) Climate change is a global problem that can only be 
     managed by a coordinated global response that reduces global 
     emissions of greenhouse gases to a level that stabilizes 
     their concentration in the Earth's atmosphere.
       (4) The United Nations Framework Convention on Climate 
     Change (hereinafter in this section referred to as the 
     ``Convention'') establishes a viable foundation to construct 
     a global regime to combat global warming and manage its 
     impacts.
       (5) The United States, along with 189 other countries, is a 
     party to the Convention, agreed to in New York on May 9, 
     1992, and entered into force in 1994. The Convention's stated 
     objective is ``to achieve stabilization of greenhouse gas 
     concentrations in the atmosphere at a level that would 
     prevent dangerous anthropogenic interference with the climate 
     system''.
       (6) The Kyoto Protocol to the Convention was adopted by the 
     third Convention Conference of the Parties (COP-3) in 
     December 1997, in Kyoto, Japan, and stipulated legally

[[Page H9755]]

     binding reductions in greenhouse gas emissions at an average 
     of 5.2 percent below 1990 levels for industrialized 
     countries, but it did not specify policies for its 
     implementation. The Kyoto Protocol also did not stipulate 
     binding reductions in greenhouse gas emissions for rapidly 
     industrializing countries such as China, India, and Brazil.
       (7) Before negotiations were completed on the mechanisms 
     for implementing Kyoto Protocol commitments on greenhouse gas 
     emissions, George W. Bush took office as President of the 
     United States, and in March 2001, announced opposition to 
     continued negotiations over implementation of the Protocol, 
     stating that the Protocol was ``fatally flawed'' from the 
     Administration's point of view.
       (8) President Bush unveiled an ``alternative'' strategy to 
     the Kyoto Protocol for halting global warming on February 14, 
     2002. The President's plan did not contain any international 
     component to amend or supplant the Kyoto Protocol or any kind 
     of blueprint for committing major developing economies such 
     as China, India, and Brazil to reduce future greenhouse gas 
     emissions. The President's plan set a voluntary ``greenhouse 
     gas intensity'' target for the United States that specified 
     an 18 percent reduction in ``emissions intensity'' by 2012. 
     This reduction would allow actual emissions to increase by at 
     least 12 percent over the same period.
       (9) On February 16, 2005, after Russia's ratification, the 
     Kyoto Protocol entered into force. With entry into force, the 
     emissions targets of the Protocol became legally binding 
     commitments for those industrialized countries that ratified 
     the Protocol. Because the United States and Australia did not 
     ratify the Protocol, and because developing countries are not 
     subject to its limits, the Protocol currently restricts the 
     emissions of countries accounting for only 32 percent of 
     global greenhouse gas emissions.
       (10) The Kyoto Protocol required that parties to the 
     Protocol begin negotiating in 2005 toward a second round of 
     commitments to begin after the expiration of the first 
     emissions budget period in 2012. The eleventh Convention 
     Conference of the Parties (COP-11) in November and December 
     2005 in Montreal, Canada launched the negotiations on the 
     second round of commitments by parties to the Protocol and 
     initiated a dialogue (a ``parallel process'') under the 
     Convention that engaged both the United States and developing 
     countries in discussions on future efforts.
       (11) At the twelfth Convention Conference of the Parties 
     (COP-12) in November 2006 in Nairobi, Kenya, parties 
     continued discussions on a second round of commitments under 
     the Kyoto Protocol as a successor to the first commitment 
     period (2008 through 2012) and, in the parallel process, 
     discussed enhanced cooperation under the Convention that 
     would engage countries that did not have commitments under 
     the Protocol.
       (12) At a summit in Brussels, Belgium in March 2007, the 
     head of governments of the European Union committed its 
     Member States to cut greenhouse gas emissions 20 percent 
     below 1990 levels by 2020 and committed to move this target 
     up to 30 percent if the United States and other major 
     emitters joined the commitment.
       (13) On April 17, 2007, the United Nations Security Council 
     held its first ever ``open meeting'' on the impact of climate 
     change on international security. British Foreign Secretary 
     Margaret Beckett, in her capacity as President of the 
     Security Council, declared in her opening statement that the 
     Council has a ``security imperative'' to tackle climate 
     change because it can exacerbate problems that cause 
     conflicts and because it threatens the entire planet. United 
     Nations Secretary-General Ban Ki-moon told the Council that 
     ``issues of energy and climate change have implications for 
     peace and security''.
       (14) Working Group III of the IPCC met from April 30 
     through May 4, 2007, in Bangkok, Thailand to assess 
     technologies and policies needed to avert dangerous climate 
     change and to provide background for negotiations on a post-
     2012 climate change regime. The draft report by the IPCC 
     Working Group III concludes that by quickly adopting 
     technological options that are available or are being 
     developed, the global concentration of greenhouse gases in 
     the atmosphere can be stabilized at 450-550 parts per million 
     (ppm). The IPCC scientists believe that a 450 to 550 ppm 
     ceiling might limit the global rise in temperatures to no 
     more than 3.6 degrees Fahrenheit and avert impacts of 
     escalating scale, scope, and costs, potentially including the 
     destabilization of large polar ice sheets that could 
     contribute to long-term, catastrophic sea level rise at 
     higher temperatures.
       (15) The United Nations Secretary-General Ban Ki-moon has 
     indicated that one of his top goals is to forge a more 
     comprehensive agreement under the Convention to ensure there 
     is no gap when the first commitment period under the Kyoto 
     Protocol ends in 2012. In order to reach this goal, critical 
     negotiations involving all of the major greenhouse gas 
     emitters, along with the vulnerable countries, must be 
     initiated immediately and be completed by 2009. On May 1, 
     2007, the Secretary-General named three Special Envoys on 
     Climate Change to assist in ``consultations with 
     Governments''. The Secretary-General will host a ``high-level 
     meeting'' on climate change at the United Nations General 
     Assembly in September 2007 to give ``political direction'' to 
     the thirteenth Convention Conference of the Parties (COP-13) 
     to take place in December 2007 in Bali, Indonesia.

     SEC. 2102. CONGRESSIONAL STATEMENT OF POLICY.

       Congress declares the following to be the policy of the 
     United States:
       (1) To promote United States and global security through 
     leadership in cooperation with other nations of the global 
     effort to reduce and stabilize global greenhouse gas 
     emissions and stabilize atmospheric concentration of such 
     gases. As such, the United States will seek to obtain 
     mitigation commitments from all major greenhouse gas emitting 
     countries under the institutional framework provided by the 
     United Nations Framework Convention on Climate Change 
     (hereinafter in this section referred to as the 
     ``Convention'').
       (2) To facilitate progress in global negotiations toward a 
     comprehensive agreement under the Convention, and in service 
     of this goal, the United States will, during the course of 
     2007, engage in high level dialogue on climate change within 
     the Group of Eight (G-8), with the European Union, with Japan 
     and other industrialized countries, and with China, India, 
     Brazil, and other major developing countries. The United 
     States will also participate in the initiative of the United 
     Nations Secretary-General to build consensus among 
     governments on enhanced international cooperation on these 
     matters.
       (3) To participate more actively and constructively in the 
     intergovernmental climate change process, including at the 
     thirteenth Convention Conference of the Parties (COP-13) to 
     take place in December 2007 in Bali, Indonesia. As such, at 
     the COP-13 meeting, the United States will be represented by 
     a high-level delegation composed of climate experts and 
     career foreign service officers with extensive diplomatic 
     experience, including experience in multi-lateral 
     negotiations, headed by the Secretary of State, the 
     Secretary's Deputy, or the Undersecretary for Global Affairs 
     of the Department of State.
       (4) To engage in serious discussion of possible future 
     commitments under the Convention. These discussions will seek 
     to develop a plan of action and time-table with the goal of 
     adopting a new international agreement under the Convention 
     that stipulates commitments from all major greenhouse gas 
     emitters, including the United States and other countries 
     listed in Annex 1 to the Convention, China, India, and 
     Brazil, at the fifteenth Convention Conference of the Parties 
     (COP-15) to take place in 2009. This process will seek as its 
     objective that a new instrument will come into force by the 
     time the first commitment period under the Kyoto Protocol 
     ends in 2012.
       (5) To protect United States national and economic 
     interests and United States competitiveness in all sectors by 
     negotiating a new agreement under the Convention that is cost 
     effective, comprehensive, flexible, and equitable. Such an 
     agreement shall, at a minimum--
       (A) require binding mitigation commitments from all major 
     emitting countries based on their level of development;
       (B) provide for different forms of commitments, including 
     economy-wide emissions targets, policy-based commitments, 
     sectoral agreements, and no-regrets targets;
       (C) increase cooperation on clean and efficient energy 
     technologies and practices;
       (D) target all greenhouse gases, including sources, sinks, 
     and reservoirs of greenhouse gases, and should expand the 
     current scope of the Kyoto Protocol and Convention to sectors 
     not covered, such as the international aviation and maritime 
     sectors;
       (E) include mechanisms to harness market-based solutions, 
     building upon the joint implementation, clean development 
     mechanism, and international emissions trading developed 
     under the Protocol;
       (F) include incentives for sustainable forestry management 
     that reflect the value of avoided deforestation;
       (G) address the need for adaptation, especially for the 
     most vulnerable and poorest countries on the planet;
       (H) consider the impact on United States industry and 
     contain effective mechanisms to protect United States 
     competitiveness; and
       (I) include the perspectives and address the concerns of 
     impacted indigenous and tribal populations.
       (6) To seek international consensus on long-term objectives 
     including a target range for stabilizing greenhouse gas 
     concentrations. The target range should reflect the consensus 
     recommendations of Intergovernmental Panel on Climate Change 
     (IPCC) scientists, who believe that concentrations of 
     greenhouse gases in the Earth's atmosphere must be stabilized 
     at a level that would provide a reasonable chance of limiting 
     the rise in global temperatures to a level that might avert 
     the most dangerous impacts of climate change.

     SEC. 2103. OFFICE ON GLOBAL CLIMATE CHANGE.

       (a) Establishment of Office.--There is established within 
     the Department of State an Office on Global Climate Change 
     (hereinafter in this section referred to as the ``Office'').
       (b) Head of Office.--
       (1) In general.--The head of the Office shall be the 
     Ambassador-at-Large for Global Climate Change (hereinafter in 
     this section referred to as the ``Ambassador-at-Large'').
       (2) Appointment.--The Ambassador-at-Large shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate.

[[Page H9756]]

       (c) Duties.--
       (1) In general.--The primary responsibility of the 
     Ambassador-at-Large shall be to advance the goals of the 
     United States with respect to reducing the emissions of 
     global greenhouse gases and addressing the challenges posed 
     by global climate change.
       (2) Advisory role.--The Ambassador-at-Large--
       (A) shall be a principal adviser to the President and the 
     Secretary of State on matters relating to global climate 
     change; and
       (B) shall make recommendations to the President and the 
     Secretary of State on policies of the United States 
     Government with respect to international cooperation on 
     reducing the emission of global greenhouse gases and 
     addressing the challenges posed by global climate change.
       (3) Diplomatic representation.--Subject to the direction of 
     the President and the Secretary of State, the Ambassador-at-
     Large is authorized to represent the United States in matters 
     relating to global climate change in--
       (A) contacts with foreign governments, intergovernmental 
     organizations, and specialized agencies of the United 
     Nations, the Organization on Security and Cooperation in 
     Europe, and other international organizations of which the 
     United States is a member; and
       (B) multilateral conferences and meetings relating to 
     global climate change.
       (d) Funding.--The Secretary of State shall provide the 
     Ambassador-at-Large with such funds as may be necessary for 
     the hiring of staff for the Office, the conduct of 
     investigations by the Office, and for necessary travel to 
     carry out the provisions of this section.
       (e) Report.--Not later than September 1 of each year, the 
     Secretary of State, with the assistance of the Ambassador-at-
     Large, shall prepare and submit to the appropriate 
     congressional committees a report on the strategy, policies, 
     and actions of the United States for reducing the emissions 
     of global greenhouse gases and addressing the challenges 
     posed of global climate change.

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

     SEC. 2201. CONGRESSIONAL FINDINGS.

       Congress makes the following findings:
       (1) Several provisions of the Energy Policy Act of 1992 
     were designed to expand Federal programs that support 
     renewable energy and energy efficient equipment exports and 
     to broaden the portfolio of programs to include training and 
     technology transfer activities that help promote development 
     in less industrialized nations, expand global markets, and 
     reduce greenhouse gas emissions. However, few of the export-
     related provisions of the Energy Policy Act of 1992 were 
     implemented due to a lack of Federal funding.
       (2) In 2000, Congress called for several United States 
     Government agencies to create an Interagency Working Group to 
     support a Clean Energy Technology Exports Initiative to use 
     the combined resources of various agencies to promote the 
     export of clean energy technologies abroad. The Initiative 
     also suffered from low levels of Federal funding and has not 
     produced significant results.
       (3) Large and emerging economies, such as India and China, 
     play significant roles in the global energy security system 
     as large consumers of energy and should be included as member 
     countries in the International Energy Agency to strengthen 
     the common interest of importers in encouraging transparent 
     energy markets and in planning for supply disruptions.
       (4) The challenge of energy security severely affects 
     developing countries where over 1.6 billion people lack 
     access to affordable energy services. In these nations, a 
     lack of transparency and accountability creates a climate of 
     mistrust for investors; bilateral and multilateral lending 
     institutions do not provide sufficient incentives to 
     companies investing in clean and efficient energy 
     technologies; women and children suffer disproportionately 
     due to the lack of energy services; inaccessibility of energy 
     services impedes other development programs in education, 
     health, agriculture, and the environment; and dependence on 
     imported fuels leaves countries vulnerable to supply 
     disruptions and economic shocks.
       (5) In addition to promoting the export of clean energy 
     technologies, large energy-consuming economies must also have 
     appropriate incentive systems, policy and regulatory 
     frameworks, and investment climates in place to accept and 
     promote the adoption of such technologies.
       (6) More than $16 trillion needs to be invested in energy-
     supply infrastructure worldwide by 2030 to meet energy 
     demand, and almost half of total energy investment will take 
     place in developing countries, where production and demand 
     are expected to increase the most.
       (7) Public and private sector capital will be needed to 
     fulfill future demand. The opportunity exists for public and 
     private actors to coordinate efforts and leverage resources 
     to direct this investment into technologies, practices, and 
     services that promote energy efficiency, clean-energy 
     production, and a reduction in global greenhouse gas 
     emissions.
       (8) In attempting to address the global climate change 
     challenge, the United States Government recently launched the 
     Asia Pacific Partnership on Clean Development and Climate, 
     which is meant to accelerate the development and deployment 
     of clean energy technologies. However, this Partnership 
     operates in a non-binding framework that does not require any 
     emissions reductions from the partner countries.

     SEC. 2202. UNITED STATES ASSISTANCE FOR DEVELOPING COUNTRIES.

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

     SEC. 2203. UNITED STATES EXPORTS AND OUTREACH PROGRAMS FOR 
                   INDIA, CHINA, AND OTHER COUNTRIES.

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

     SEC. 2204. UNITED STATES TRADE MISSIONS TO ENCOURAGE PRIVATE 
                   SECTOR TRADE AND INVESTMENT.

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

     SEC. 2205. ACTIONS BY OVERSEAS PRIVATE INVESTMENT 
                   CORPORATION.

       (a) Findings.--Congress finds the following:
       (1) Many of the emerging markets within which the Overseas 
     Private Investment Corporation supports projects have immense 
     energy needs and will require significant investment in the 
     energy sector in the coming decades.
       (2) The use, or lack of use, of clean and efficient energy 
     technologies can have a dramatic effect on the rate of global 
     greenhouse gas emissions from emerging markets in the coming 
     decades.

[[Page H9757]]

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

     SEC. 2206. ACTIONS BY UNITED STATES TRADE AND DEVELOPMENT 
                   AGENCY.

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

     SEC. 2207. GLOBAL CLIMATE CHANGE EXCHANGE PROGRAM.

       (a) Program Authorized.--The Secretary of State is 
     authorized to establish a program to strengthen research, 
     educational exchange, and international cooperation with the 
     aim of reducing global greenhouse gas emissions and 
     addressing the challenges posed by global climate change. The 
     program authorized by this subsection shall be carried out 
     pursuant to the authorities of the Mutual Educational and 
     Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.) and 
     may be referred to as the ``Global Climate Change Exchange 
     Program''.
       (b) Elements.--The program authorized by subsection (a) 
     shall contain the following elements:
       (1) The financing of studies, research, instruction, and 
     other educational activities dedicated to reducing carbon 
     emissions and addressing the challenge of global climate 
     change--
       (A) by or to United States citizens and nationals in 
     foreign universities, governments, organizations, companies, 
     or other institutions; and
       (B) by or to citizens and nationals of foreign countries in 
     United States universities, governments, organizations, 
     companies, or other institutions.
       (2) The financing of visits and exchanges between the 
     United States and other countries of students, trainees, 
     teachers, instructors, professors, researchers, and other 
     persons who study, teach, and conduct research in subjects 
     such as the physical sciences, environmental science, public 
     policy, economics, urban planning, and other subjects and 
     focus on reducing greenhouse gas emissions and addressing the 
     challenges posed by global climate change.
       (c) Access.--The Secretary of State shall ensure that the 
     program authorized by subsection (a) is available to--
       (1) historically Black colleges and universities that are 
     part B institutions (as such term is defined in section 
     322(2) of the Higher Education Act of 1965 (20 U.S.C. 
     1061(2))), Hispanic-serving institutions (as such term is 
     defined in section 502(5) of such Act (20 U.S.C. 1101a(5))), 
     Tribal Colleges or Universities (as such term is defined in 
     section 316 of such Act (20 U.S.C. 1059c)), and other 
     minority institutions (as such term is defined in section 
     365(3) of such Act (20 U.S.C. 1067k(3))), and to the 
     students, faculty, and researchers at such colleges, 
     universities, and institutions; and
       (2) small business concerns owned and controlled by 
     socially and economically disadvantaged individuals, and 
     small business concerns owned and controlled by women (as 
     such terms are defined in section 8(d)(3) of the Small 
     Business Act (15 U.S.C. 637(d)(3))).
       (d) Report.--The Secretary of State shall transmit to the 
     appropriate committees an annual report on the implementation 
     of this section for each of the fiscal years 2008 through 
     2012.
       (e) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated to the 
     Secretary of State $3,000,000 for each of the fiscal years 
     2008 through 2012.

     SEC. 2208. INTERAGENCY WORKING GROUP TO SUPPORT A CLEAN 
                   ENERGY TECHNOLOGY EXPORTS INITIATIVE.

       (a) Assistance Authorized.--The President shall provide 
     assistance to the Interagency Working Group to support a 
     Clean Energy Technology Exports Initiative--
       (1) to improve the ability of the United States to respond 
     to international competition by leveraging the resources of 
     Federal departments and agencies effectively and efficiently 
     and by raising policy issues that may hamper the export of 
     United States clean energy technologies abroad;
       (2) to fulfill, as appropriate, the mission and objectives 
     as noted in the report entitled, Five-Year Strategic Plan of 
     the Clean Energy Technology Exports Initiative, submitted to 
     Congress in October 2002; and
       (3) to raise the importance and level of oversight of the 
     Interagency Working Group to the heads of the Federal 
     departments and agencies that are participating in the 
     Interagency Working Group.
       (b) Report.--The Administrator of the United States Agency 
     for International Development, the Secretary of Commerce, and 
     the Secretary of Energy shall jointly submit to the 
     appropriate committees an annual report on the implementation 
     of this section for each of the fiscal years 2008 through 
     2012.
       (c) Authorization of Appropriations.--To carry out this 
     section, there are authorized to appropriated to the 
     President $5,000,000 for each of the fiscal years 2008 
     through 2012.

           Subtitle C--International Clean Energy Foundation

     SEC. 2301. DEFINITIONS.

       In this subtitle:
       (1) Board.--The term ``Board'' means the Board of Directors 
     of the Foundation established pursuant to section 2302(c).
       (2) Chief executive officer.--The term ``Chief Executive 
     Officer'' means the chief executive officer of the Foundation 
     appointed pursuant to section 2302(b).
       (3) Foundation.--The term ``Foundation'' means the 
     International Clean Energy Foundation established by section 
     2302(a).

     SEC. 2302. ESTABLISHMENT AND MANAGEMENT OF FOUNDATION.

       (a) Establishment.--
       (1) In general.--There is established in the executive 
     branch a foundation to be known as the ``International Clean 
     Energy Foundation'' that shall be responsible for carrying 
     out the provisions of this subtitle. The Foundation shall be 
     a government corporation, as defined in section 103 of title 
     5, United States Code.
       (2) Board of directors.--The Foundation shall be governed 
     by a Board of Directors chaired by the Secretary of State (or 
     the Secretary's designee) in accordance with subsection (d).
       (3) Intent of congress.--It is the intent of Congress, in 
     establishing the structure of the Foundation set forth in 
     this subsection, to create an entity that serves the long-
     term foreign policy and energy security goals of reducing 
     global greenhouse gas emissions.
       (b) Chief Executive Officer.--
       (1) In general.--There shall be in the Foundation a Chief 
     Executive Officer who shall be responsible for the management 
     of the Foundation.
       (2) Appointment.--The Chief Executive Officer shall be 
     appointed by the Board, with the advice and consent of the 
     Senate, and shall be a recognized leader in clean and 
     efficient energy technologies and climate change and shall 
     have experience in energy security, business, or foreign 
     policy, chosen on the basis of a rigorous search.
       (3) Relationship to board.--The Chief Executive Officer 
     shall report to, and be under the direct authority of, the 
     Board.
       (4) Compensation and rank.--
       (A) In general.--The Chief Executive Officer shall be 
     compensated at the rate provided for level III of the 
     Executive Schedule under section 5314 of title 5, United 
     States Code.
       (B) Amendment.--Section 5314 of title 5, United States 
     Code, is amended by adding at the end the following:

     ``Chief Executive Officer, International Clean Energy 
     Foundation.''.
       (C) Authorities and duties.--The Chief Executive Officer 
     shall be responsible for the management of the Foundation and 
     shall exercise the powers and discharge the duties of the 
     Foundation.
       (D) Authority to appoint officers.--In consultation and 
     with approval of the Board, the Chief Executive Officer shall 
     appoint all officers of the Foundation.
       (c) Board of Directors.--
       (1) Establishment.--There shall be in the Foundation a 
     Board of Directors.
       (2) Duties.--The Board shall perform the functions 
     specified to be carried out by the Board in this subtitle and 
     may prescribe, amend, and repeal bylaws, rules, regulations, 
     and procedures governing the manner in which the business of 
     the Foundation may be conducted and in which the powers 
     granted to it by law may be exercised.
       (3) Membership.--The Board shall consist of--
       (A) the Secretary of State (or the Secretary's designee), 
     the Secretary of Energy (or the Secretary's designee), and 
     the Administrator of the United States Agency for 
     International Development (or the Administrator's designee); 
     and

[[Page H9758]]

       (B) four other individuals with relevant experience in 
     matters relating to energy security (such as individuals who 
     represent institutions of energy policy, business 
     organizations, foreign policy organizations, or other 
     relevant organizations) who shall be appointed by the 
     President, by and with the advice and consent of the Senate, 
     of which--
       (i) one individual shall be appointed from among a list of 
     individuals submitted by the majority leader of the House of 
     Representatives;
       (ii) one individual shall be appointed from among a list of 
     individuals submitted by the minority leader of the House of 
     Representatives;
       (iii) one individual shall be appointed from among a list 
     of individuals submitted by the majority leader of the 
     Senate; and
       (iv) one individual shall be appointed from among a list of 
     individuals submitted by the minority leader of the Senate.
       (4) Chief executive officer.--The Chief Executive Officer 
     of the Foundation shall serve as a nonvoting, ex officio 
     member of the Board.
       (5) Terms.--
       (A) Officers of the federal government.--Each member of the 
     Board described in paragraph (3)(A) shall serve for a term 
     that is concurrent with the term of service of the 
     individual's position as an officer within the other Federal 
     department or agency.
       (B) Other members.--Each member of the Board described in 
     paragraph (3)(B) shall be appointed for a term of 3 years and 
     may be reappointed for a term of an additional 3 years.
       (C) Vacancies.--A vacancy in the Board shall be filled in 
     the manner in which the original appointment was made.
       (D) Acting members.--A vacancy in the Board may be filled 
     with an appointment of an acting member by the Chairperson of 
     the Board for up to 1 year while a nominee is named and 
     awaits confirmation in accordance with paragraph (3)(B).
       (6) Chairperson.--There shall be a Chairperson of the 
     Board. The Secretary of State (or the Secretary's designee) 
     shall serve as the Chairperson.
       (7) Quorum.--A majority of the members of the Board 
     described in paragraph (3) shall constitute a quorum, which, 
     except with respect to a meeting of the Board during the 135-
     day period beginning on the date of the enactment of this 
     Act, shall include at least 1 member of the Board described 
     in paragraph (3)(B).
       (8) Meetings.--The Board shall meet at the call of the 
     Chairperson, who shall call a meeting no less than once a 
     year.
       (9) Compensation.--
       (A) Officers of the federal government.--
       (i) In general.--A member of the Board described in 
     paragraph (3)(A) may not receive additional pay, allowances, 
     or benefits by reason of the member's service on the Board.
       (ii) Travel expenses.--Each such member of the Board shall 
     receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with applicable provisions under 
     subchapter I of chapter 57 of title 5, United States Code.
       (B) Other members.--
       (i) In general.--Except as provided in clause (ii), a 
     member of the Board described in paragraph (3)(B)--

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

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

     SEC. 2303. DUTIES OF FOUNDATION.

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

     SEC. 2304. ANNUAL REPORT.

       (a) Report Required.--Not later than March 31, 2008, and 
     each March 31 thereafter, the Foundation shall submit to the 
     appropriate congressional committees a report on the 
     implementation of this subtitle during the prior fiscal year.
       (b) Contents.--The report required by subsection (a) shall 
     include--
       (1) the total financial resources available to the 
     Foundation during the year, including appropriated funds, the 
     value and source of any gifts or donations accepted pursuant 
     to section 2305(a)(6), and any other resources;
       (2) a description of the Board's policy priorities for the 
     year and the basis upon which competitive grant proposals 
     were solicited and awarded to nongovernmental institutions 
     and other organizations;
       (3) a list of grants made to nongovernmental institutions 
     and other organizations that includes the identity of the 
     institutional recipient, the dollar amount, and the results 
     of the program; and
       (4) the total administrative and operating expenses of the 
     Foundation for the year, as well as specific information on--
       (A) the number of Foundation employees and the cost of 
     compensation for Board members, Foundation employees, and 
     personal service contractors;
       (B) costs associated with securing the use of real property 
     for carrying out the functions of the Foundation;
       (C) total travel expenses incurred by Board members and 
     Foundation employees in connection with Foundation 
     activities; and
       (D) total representational expenses.

     SEC. 2305. POWERS OF THE FOUNDATION; RELATED PROVISIONS.

       (a) Powers.--The Foundation--
       (1) shall have perpetual succession unless dissolved by a 
     law enacted after the date of the enactment of this Act;
       (2) may adopt, alter, and use a seal, which shall be 
     judicially noticed;
       (3) may make and perform such contracts, grants, and other 
     agreements with any person or government however designated 
     and wherever situated, as may be necessary for carrying out 
     the functions of the Foundation;
       (4) may determine and prescribe the manner in which its 
     obligations shall be incurred and its expenses allowed and 
     paid, including expenses for representation;
       (5) may lease, purchase, or otherwise acquire, improve, and 
     use such real property wherever situated, as may be necessary 
     for carrying out the functions of the Foundation;
       (6) may accept money, funds, services, or property (real, 
     personal, or mixed), tangible or intangible, made available 
     by gift, bequest grant, or otherwise for the purpose of 
     carrying out the provisions of this title from domestic or 
     foreign private individuals, charities, nongovernmental 
     organizations, corporations, or governments;
       (7) may use the United States mails in the same manner and 
     on the same conditions as the executive departments;
       (8) may contract with individuals for personal services, 
     who shall not be considered Federal employees for any 
     provision of law administered by the Office of Personnel 
     Management;
       (9) may hire or obtain passenger motor vehicles; and
       (10) shall have such other powers as may be necessary and 
     incident to carrying out this subtitle.
       (b) Principal Office.--The Foundation shall maintain its 
     principal office in the metropolitan area of Washington, 
     District of Columbia.
       (c) Applicability of Government Corporation Control Act.--
       (1) In general.--The Foundation shall be subject to chapter 
     91 of subtitle VI of title 31, United States Code, except 
     that the Foundation shall not be authorized to issue 
     obligations or offer obligations to the public.
       (2) Conforming amendment.--Section 9101(3) of title 31, 
     United States Code, is amended by adding at the end the 
     following:
       ``(R) the International Clean Energy Foundation.''.
       (d) Inspector General.--
       (1) In general.--The Inspector General of the Department of 
     State shall serve as Inspector General of the Foundation, 
     and, in acting in such capacity, may conduct reviews, 
     investigations, and inspections of all aspects of the 
     operations and activities of the Foundation.
       (2) Authority of the board.--In carrying out the 
     responsibilities under this subsection, the Inspector General 
     shall report to and be under the general supervision of the 
     Board.
       (3) Reimbursement and authorization of services.--
       (A) Reimbursement.--The Foundation shall reimburse the 
     Department of State for all expenses incurred by the 
     Inspector General in connection with the Inspector General's 
     responsibilities under this subsection.
       (B) Authorization for services.--Of the amount authorized 
     to be appropriated under section 2307(a) for a fiscal year, 
     up to $500,000 is authorized to be made available to the 
     Inspector General of the Department of State

[[Page H9759]]

     to conduct reviews, investigations, and inspections of 
     operations and activities of the Foundation.

     SEC. 2306. GENERAL PERSONNEL AUTHORITIES.

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

     SEC. 2307. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations.--To carry out this 
     subtitle, there are authorized to be appropriated $20,000,000 
     for each of the fiscal years 2008 through 2012.
       (b) Allocation of Funds.--
       (1) In general.--The Foundation may allocate or transfer to 
     any agency of the United States Government any of the funds 
     available for carrying out this subtitle. Such funds shall be 
     available for obligation and expenditure for the purposes for 
     which the funds were authorized, in accordance with authority 
     granted in this subtitle or under authority governing the 
     activities of the United States Government agency to which 
     such funds are allocated or transferred.
       (2) Notification.--The Foundation shall notify the 
     appropriate congressional committees not less than 15 days 
     prior to an allocation or transfer of funds pursuant to 
     paragraph (1).

              TITLE III--SMALL ENERGY EFFICIENT BUSINESSES

     SEC. 3001. SHORT TITLE.

       This title may be cited as the ``Small Energy Efficient 
     Businesses Act''.

     SEC. 3002. FINDINGS.

       Congress finds the following:
       (1) Energy efficiency is in our national interest for our 
     long term economic well being, for the health and safety of 
     our citizens and the world, and for our independence and 
     security.
       (2) Small businesses are more efficient, nimble, and 
     innovative than large businesses and therefore more likely to 
     integrate and benefit from energy efficient technology 
     advances and upgrades, but they are less likely to have the 
     capital to institute these advances quickly.
       (3) The majority of businesses (two-thirds) say they have 
     been unable to invest in comprehensive energy efficiency 
     programs for their businesses thus far, though they know of 
     them and believe they are effective.
       (4) A pilot program has demonstrated that individualized 
     counseling and training combined with loan and grant 
     availability and other incentives are very popular and 
     effective in helping small businesses learn about and adopt 
     energy conservation methods.
       (5) The energy saving benefit of such programs, if they can 
     be implemented on a national basis, would contribute 
     significantly to our energy independence and security.
       (6) New and emerging technologies are on the rise, and 
     small businesses are leading the way, for example the vast 
     majority of renewable fuels producers, such as biodiesel and 
     ethanol, are small businesses.
       (7) Small businesses currently use almost half of the 
     Nation's business related energy consumption and employ half 
     of the Nation's workforce, yet the Energy Star program, the 
     lead Federal energy efficiency program allocates less than 2 
     percent of its resources to its small business program and 
     should allocate more to educate small businesses.
       (8) Therefore, it is in the national interest for the 
     Federal Government to invest in incentives in the form of 
     improved loan terms, additional investment inducements, and 
     expert counseling and information to assist small businesses 
     to develop, invest in, and purchase energy efficient 
     buildings, equipment, fixtures, and other technology.

     SEC. 3003. LARGER 504 LOAN LIMITS TO HELP BUSINESS DEVELOP 
                   ENERGY EFFICIENT TECHNOLOGIES AND PURCHASES.

       (a) Eligibility for Energy Efficiency Projects.--Section 
     501(d)(3) of the Small Business Investment Act of 1958 (15 
     U.S.C. 695(d)(3)) is amended--
       (1) in subparagraph (G) by striking ``or'' at the end;
       (2) in subparagraph (H) by striking the period at the end 
     and inserting a comma; and
       (3) by inserting after subparagraph (H) the following:
       ``(I) reduction of energy consumption by at least 10 
     percent,
       ``(J) increased use of sustainable design or low-impact 
     design to produce buildings that reduce the use of non-
     renewable resources, minimize environmental impact, and 
     relate people with the natural environment, or
       ``(K) plant, equipment and process upgrades of renewable 
     energy sources such as micropower or renewable fuels 
     producers including biodiesel and ethanol producers.''.
       (b) Loans for Plant Projects Used for Energy-Efficient 
     Purposes.--Section 502(2)(A) of the Small Business Investment 
     Act of 1958 (15 U.S.C. 696(2)(A)) is amended--
       (1) in clause (ii) by striking ``and'' at the end;
       (2) in clause (iii) by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following new clauses:
       ``(iv) $4,000,000 for each project that reduces the 
     borrower's energy consumption by at least 10 percent; and
       ``(v) $4,000,000 for each project that generates renewable 
     energy or renewable fuels, such as biodiesel or ethanol 
     production.''.

     SEC. 3004. REDUCED 7(A) FEES AND HIGHER LOAN GUARANTEES FOR 
                   PURCHASE OF ENERGY EFFICIENT TECHNOLOGIES.

       Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) 
     is amended by adding at the end the following:
       ``(35) Loans for energy efficient technologies.--The 
     Administrator shall carry out a program for loans the 
     proceeds of which are used to purchase energy efficient 
     equipment or fixtures or to reduce the energy consumption of 
     the borrower, including, but not limited to, renewable fuels 
     and energy products such as biodiesel and ethanol, by 10 
     percent or more. For a loan made under this paragraph, the 
     following shall apply:
       ``(A) The loan shall include the participation by the 
     Administration equal to 90 percent of the balance of the 
     financing outstanding at the time of disbursement.
       ``(B) The fees on the loan under paragraphs (18) and (23) 
     shall be reduced by half.''.

     SEC. 3005. SMALL BUSINESS SUSTAINABILITY INITIATIVE.

       Section 21 of the Small Business Act (15 U.S.C. 648) is 
     amended by adding at the end the following:
       ``(n) Small Business Sustainability Initiative.--
       ``(1) In general.--A Small Business Development Center may 
     apply for an additional grant to carry out a small business 
     sustainability initiative program.
       ``(2) Elements of program.--Under a program under paragraph 
     (1), the Center shall--
       ``(A) provide necessary support to smaller and medium-sized 
     businesses to--
       ``(i) evaluate energy efficiency and green building 
     opportunities;
       ``(ii) evaluate renewable energy sources such as the use of 
     solar and small wind to supplement power consumption;
       ``(iii) secure financing to achieve energy efficiency or to 
     construct green buildings; and
       ``(iv) empower management to implement energy efficiency 
     projects;
       ``(B) assist entrepreneurs with clean technology 
     development and technology commercialization through--
       ``(i) technology assessment;
       ``(ii) intellectual property;
       ``(iii) Small Business Innovation Research submissions;
       ``(iv) strategic alliances;
       ``(v) business model development; and
       ``(vi) preparation for investors; and
       ``(C) help small business improve environmental performance 
     by shifting to less hazardous materials and reducing waste 
     and emissions at the source, including by providing 
     assistance for businesses to adapt the materials they use, 
     the processes they operate, and the products and services 
     they produce.
       ``(3) Minimum amount.--Each grant under this subsection 
     shall be for at least $150,000.
       ``(4) Maximum amount.--A grant under this subsection may 
     not exceed $300,000.
       ``(5) Authorization of appropriations.--Subject to amounts 
     approved in advance in appropriations Acts and separate from 
     amounts approved to carry out section 21(a)(1), the 
     Administrator may make grants or enter into cooperative 
     agreements to carry out the provisions of this subsection.''.

[[Page H9760]]

     SEC. 3006. SMALL BUSINESS ADMINISTRATION TO EDUCATE AND 
                   PROMOTE ENERGY EFFICIENCY IDEAS TO SMALL 
                   BUSINESSES AND WORK WITH THE SMALL BUSINESS 
                   COMMUNITY TO MAKE SUCH INFORMATION WIDELY 
                   AVAILABLE.

       The Small Business Act is amended--
       (1) by redesignating section 37 as section 99; and
       (2) by inserting after section 36 (15 U.S.C. 657f) the 
     following:

     ``SEC. 37. PROGRAM TO PROVIDE EDUCATION ON ENERGY EFFICIENCY.

       ``(a) Program Required.--The Administrator shall develop 
     and coordinate a Government-wide program, building on the 
     Energy Star for Small Business program, to assist small 
     businesses in--
       ``(1) becoming more energy efficient;
       ``(2) understanding the cost savings from improved energy 
     efficiency; and
       ``(3) identifying financing options for energy efficiency 
     upgrades.
       ``(b) Consultation and Cooperation.--The program required 
     by subsection (a) shall be developed and coordinated--
       ``(1) in consultation with the Secretary of Energy and the 
     Administrator of the Environmental Protection Agency; and
       ``(2) in cooperation with any entities the Administrator 
     considers appropriate, such as industry trade associations, 
     industry members, and energy efficiency organizations.
       ``(c) Availability of Information.--The Administrator shall 
     make available the information and materials developed under 
     the program required by subsection (a) to--
       ``(1) small businesses; and
       ``(2) other Federal programs for energy efficiency, such as 
     the Energy Star for Small Business program.
       ``(d) Strategy and Report.--
       ``(1) Strategy required.--The Administrator shall develop a 
     strategy to educate, encourage, and assist small business to 
     adopt energy efficient building fixtures and equipment.
       ``(2) Report.--Not later than December 31, 2008, the 
     Administrator shall submit to Congress a report containing a 
     plan to implement the strategy.''.

     SEC. 3007. ENERGY SAVING DEBENTURES.

       Section 303 of the Small Business Investment Act of 1958 
     (15 U.S.C. 683) is amended by adding at the end the following 
     new subsection:
       ``(k) Energy Saving Debentures.--
       ``(1) In general.--In addition to any other authority under 
     this Act, a small business investment company licensed after 
     September 30, 2007, shall have authority to issue Energy 
     Saving debentures.
       ``(2) Energy saving debenture defined.--As used in this 
     Act, the term `Energy Saving debenture' means a deferred 
     interest debenture that--
       ``(A) is issued at a discount;
       ``(B) has a five-year maturity or a ten-year maturity;
       ``(C) requires no interest payment or annual charge for the 
     first five years;
       ``(D) is restricted to Energy Saving qualified investments; 
     and
       ``(E) is issued at no cost (as defined in section 502 of 
     the Credit Reform Act of 1990) with respect to purchasing and 
     guaranteeing the debenture.
       ``(3) Energy saving qualified investment defined.--As used 
     in this Act, the term `Energy Saving qualified investment' 
     means investment in a small business that is primarily 
     engaged in researching, manufacturing, developing, or 
     providing products, goods, or services that reduce the use or 
     consumption of non-renewable energy resources.''.

     SEC. 3008. INVESTMENTS IN ENERGY SAVING SMALL BUSINESSES.

       (a) Maximum Leverage.--Paragraph (2) of subsection (b) of 
     section 303 of the Small Business Investment Act of 1958 (15 
     U.S.C. 303(b)(2)) is amended by adding at the end the 
     following new subparagraph:
       ``(D) Investments in energy saving small businesses.--In 
     calculating the outstanding leverage of a company for 
     purposes of subparagraph (A), the Administrator shall not 
     include the amount of the cost basis of any Energy Saving 
     qualified investment (as defined in subsection (k)) made 
     after September 30, 2007, by a company licensed after 
     September 30, 2007, in a smaller enterprise, to the extent 
     that the total of such amounts does not exceed 50 percent of 
     the company's private capital, subject to such terms as the 
     Administrator may impose to assure no cost (as defined in 
     section 502 of the Federal Credit Reform Act of 1990) with 
     respect to purchasing or guaranteeing any debenture 
     involved.''.
       (b) Maximum Aggregate Amount of Leverage.--Paragraph (4) of 
     subsection (b) of section 303 of the Small Business 
     Investment Act of 1958 (15 U.S.C. 303(b)(4)) is amended by 
     adding at the end the following new subparagraph:
       ``(E) Investments in energy saving small businesses.--In 
     calculating the aggregate outstanding leverage of a company 
     for purposes of subparagraph (A), the Administrator shall not 
     include the amount of the cost basis of any Energy Saving 
     qualified investment (as defined in subsection (k)) made 
     after September 30, 2007, by a company licensed after 
     September 30, 2007, in a smaller enterprise, to the extent 
     that the total of such amounts does not exceed 50 percent of 
     the company's private capital, subject to such terms as the 
     Administrator may impose to assure no cost (as defined in 
     section 502 of the Federal Credit Reform Act of 1990) with 
     respect to purchasing or guaranteeing any debenture 
     involved.''.

     SEC. 3009. RENEWABLE FUEL CAPITAL INVESTMENT COMPANY.

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

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

     ``SEC. 381. DEFINITIONS.

       ``In this part, the following definitions apply:
       ``(1) Venture capital.--The term `venture capital' means 
     capital in the form of equity capital investments. For the 
     purposes of this paragraph, the term `equity capital' has the 
     same meaning given such term in section 303(g)(4).
       ``(2) Renewable fuel capital investment company.--The term 
     `Renewable Fuel Capital Investment Company' means a company 
     that--
       ``(A) has been granted final approval by the Administrator 
     under section 384(e); and
       ``(B) has entered into a participation agreement with the 
     Administrator.
       ``(3) Operational assistance.--The term `operational 
     assistance' means management, marketing, and other technical 
     assistance that assists a small business concern with 
     business development.
       ``(4) Participation agreement.--The term `participation 
     agreement' means an agreement, between the Administrator and 
     a company granted final approval under section 384(e), that--
       ``(A) details the company's operating plan and investment 
     criteria; and
       ``(B) requires the company to make investments in smaller 
     enterprises primarily engaged in researching, manufacturing, 
     developing, or bringing to market renewable energy sources.
       ``(5) Renewable energy.--The term `renewable energy means' 
     energy derived from resources that are regenerative or that 
     cannot be depleted, including but not limited to ethanol and 
     biodiesel fuels.
       ``(6) State.--The term `State' means such of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Virgin Islands, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, and any other 
     commonwealth, territory, or possession of the United States.

     ``SEC. 382. PURPOSES.

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

     ``SEC. 383. ESTABLISHMENT.

       ``In accordance with this part, the Administrator shall 
     establish a Renewable Fuel Capital Investment Program, under 
     which the Administrator may--
       ``(1) enter into participation agreements with companies 
     granted final approval under section 384(e) for the purposes 
     set forth in section 382; and
       ``(2) guarantee the debentures issued by Renewable Fuel 
     Capital Investment companies as provided in section 385.

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

       ``(a) Eligibility.--A company shall be eligible to apply to 
     participate, as a Renewable Fuel Capital Investment company, 
     in the program established under this part if--
       ``(1) the company is a newly formed for-profit entity or a 
     newly formed for-profit subsidiary of an existing entity;
       ``(2) the company has a management team with experience in 
     alternative energy financing or relevant venture capital 
     financing; and
       ``(3) the company has a primary objective of investment in 
     companies that research, manufacture, develop, or bring to 
     market renewable energy sources.
       ``(b) Application.--To participate, as a Renewable Fuel 
     Capital Investment company, in the program established under 
     this part a company meeting the eligibility requirements set 
     forth in subsection (a) shall submit an application to the 
     Administrator that includes--
       ``(1) a business plan describing how the company intends to 
     make successful venture capital investments in smaller 
     businesses primarily engaged in the research, manufacture, 
     development, or bringing to market of renewable energy 
     sources;

[[Page H9761]]

       ``(2) information regarding the relevant venture capital 
     qualifications and general reputation of the company's 
     management;
       ``(3) a description of how the company intends to seek to 
     address the unmet capital needs of the smaller businesses 
     served;
       ``(4) a proposal describing how the company intends to use 
     the grant funds provided under this part to provide 
     operational assistance to smaller enterprises financed by the 
     company, including information regarding whether the company 
     intends to use licensed professionals when necessary on the 
     company's staff or from an outside entity;
       ``(5) with respect to binding commitments to be made to the 
     company under this part, an estimate of the ratio of cash to 
     in-kind contributions;
       ``(6) a description of the criteria to be used to evaluate 
     whether and to what extent the company meets the objectives 
     of the program established under this part;
       ``(7) information regarding the management and financial 
     strength of any parent firm, affiliated firm, or any other 
     firm essential to the success of the company's business plan; 
     and
       ``(8) such other information as the Administrator may 
     require.
       ``(c) Conditional Approval.--
       ``(1) In general.--From among companies submitting 
     applications under subsection (b), the Administrator shall, 
     in accordance with this subsection, conditionally approve 
     companies to participate in the Renewable Fuel Capital 
     Investment Program.
       ``(2) Selection criteria.--In selecting companies under 
     paragraph (1), the Administrator shall consider the 
     following:
       ``(A) The likelihood that the company will meet the goal of 
     its business plan.
       ``(B) The experience and background of the company's 
     management team.
       ``(C) The need for venture capital investments in the 
     geographic areas in which the company intends to invest.
       ``(D) The extent to which the company will concentrate its 
     activities on serving the geographic areas in which it 
     intends to invest.
       ``(E) The likelihood that the company will be able to 
     satisfy the conditions under subsection (d).
       ``(F) The extent to which the activities proposed by the 
     company will expand economic opportunities in the geographic 
     areas in which the company intends to invest.
       ``(G) The strength of the company's proposal to provide 
     operational assistance under this part as the proposal 
     relates to the ability of the applicant to meet applicable 
     cash requirements and properly utilize in-kind contributions, 
     including the use of resources for the services of licensed 
     professionals, when necessary, whether provided by persons on 
     the company's staff or by persons outside of the company.
       ``(H) Any other factors deemed appropriate by the 
     Administrator.
       ``(3) Nationwide distribution.--The Administrator shall 
     select companies under paragraph (1) in such a way that 
     promotes investment nationwide.
       ``(d) Requirements To Be Met for Final Approval.--The 
     Administrator shall grant each conditionally approved company 
     a period of time, not to exceed 2 years, to satisfy the 
     following requirements:
       ``(1) Capital requirement.--Each conditionally approved 
     company shall raise not less than $5,000,000 of private 
     capital or binding capital commitments from one or more 
     investors (other than agencies or departments of the Federal 
     Government) who met criteria established by the 
     Administrator.
       ``(2) Nonadministration resources for operational 
     assistance.--
       ``(A) In general.--In order to provide operational 
     assistance to smaller enterprises expected to be financed by 
     the company, each conditionally approved company--
       ``(i) shall have binding commitments (for contribution in 
     cash or in kind)--

       ``(I) from any sources other than the Small Business 
     Administration that meet criteria established by the 
     Administrator;
       ``(II) payable or available over a multiyear period 
     acceptable to the Administrator (not to exceed 10 years); and
       ``(III) in an amount not less than 30 percent of the total 
     amount of capital and commitments raised under paragraph (1);

       ``(ii) shall have purchased an annuity--

       ``(I) from an insurance company acceptable to the 
     Administrator;
       ``(II) using funds (other than the funds raised under 
     paragraph (1)), from any source other than the Administrator; 
     and
       ``(III) that yields cash payments over a multiyear period 
     acceptable to the Administrator (not to exceed 10 years) in 
     an amount not less than 30 percent of the total amount of 
     capital and commitments raised under paragraph (1); or

       ``(iii) shall have binding commitments (for contributions 
     in cash or in kind) of the type described in clause (i) and 
     shall have purchased an annuity of the type described in 
     clause (ii), which in the aggregate make available, over a 
     multiyear period acceptable to the Administrator (not to 
     exceed 10 years), an amount not less than 30 percent of the 
     total amount of capital and commitments raised under 
     paragraph (1).
       ``(B) Exception.--The Administrator may, in the discretion 
     of the Administrator and based upon a showing of special 
     circumstances and good cause, consider an applicant to have 
     satisfied the requirements of subparagraph (A) if the 
     applicant has--
       ``(i) a viable plan that reasonably projects the capacity 
     of the applicant to raise the amount (in cash or in-kind) 
     required under subparagraph (A); and
       ``(ii) binding commitments in an amount equal to not less 
     than 20 percent of the total amount required under paragraph 
     (A).
       ``(C) Limitation.--In order to comply with the requirements 
     of subparagraphs (A) and (B), the total amount of a company's 
     in-kind contributions may not exceed 50 percent of the 
     company's total contributions.
       ``(e) Final Approval; Designation.--The Administrator 
     shall, with respect to each applicant conditionally approved 
     to operate as a Renewable Fuel Capital Investment Company 
     under subsection (c), either--
       ``(1) grant final approval to the applicant to operate as a 
     Renewable Fuel Capital Investment company under this part and 
     designate the applicant as such a company, if the applicant--
       ``(A) satisfies the requirements of subsection (d) on or 
     before the expiration of the time period described in that 
     subsection; and
       ``(B) enters into a participation agreement with the 
     Administrator; or
       ``(2) if the applicant fails to satisfy the requirements of 
     subsection (d) on or before the expiration of the time period 
     described in that subsection, revoke the conditional approval 
     granted under that subsection.

     ``SEC. 385. DEBENTURES.

       ``(a) In General.--The Administrator may guarantee the 
     timely payment of principal and interest, as scheduled, on 
     debentures issued by any Renewable Fuel Capital Investment 
     company.
       ``(b) Terms and Conditions.--The Administrator may make 
     guarantees under this section on such terms and conditions as 
     it deems appropriate, except that the term of any debenture 
     guaranteed under this section shall not exceed 15 years.
       ``(c) Full Faith and Credit of the United States.--The full 
     faith and credit of the United States is pledged to pay all 
     amounts that may be required to be paid under any guarantee 
     under this part.
       ``(d) Maximum Guarantee.--
       ``(1) In general.--Under this section, the Administrator 
     may guarantee the debentures issued by a Renewable Fuel 
     Capital Investment company only to the extent that the total 
     face amount of outstanding guaranteed debentures of such 
     company does not exceed 150 percent of the private capital of 
     the company, as determined by the Administrator.
       ``(2) Treatment of certain federal funds.--For the purposes 
     of paragraph (1), private capital shall include capital that 
     is considered to be Federal funds, if such capital is 
     contributed by an investor other than an agency or department 
     of the Federal Government.

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

       ``(a) Issuance.--The Administrator may issue trust 
     certificates representing ownership of all or a fractional 
     part of debentures issued by a Renewable Fuel Capital 
     Investment company and guaranteed by the Administrator under 
     this part, if such certificates are based on and backed by a 
     trust or pool approved by the Administrator and composed 
     solely of guaranteed debentures.
       ``(b) Guarantee.--
       ``(1) In general.--The Administrator may, under such terms 
     and conditions as it deems appropriate, guarantee the timely 
     payment of the principal of and interest on trust 
     certificates issued by the Administrator or its agents for 
     purposes of this section.
       ``(2) Limitation.--Each guarantee under this subsection 
     shall be limited to the extent of principal and interest on 
     the guaranteed debentures that compose the trust or pool.
       ``(3) Prepayment or default.--In the event that a debenture 
     in a trust or pool is prepaid, or in the event of default of 
     such a debenture, the guarantee of timely payment of 
     principal and interest on the trust certificates shall be 
     reduced in proportion to the amount of principal and interest 
     such prepaid debenture represents in the trust or pool. 
     Interest on prepaid or defaulted debentures shall accrue and 
     be guaranteed by the Administrator only through the date of 
     payment of the guarantee. At any time during its term, a 
     trust certificate may be called for redemption due to 
     prepayment or default of all debentures.
       ``(c) Full Faith and Credit of the United States.--The full 
     faith and credit of the United States is pledged to pay all 
     amounts that may be required to be paid under any guarantee 
     of a trust certificate issued by the Administrator or its 
     agents under this section.
       ``(d) Fees.--The Administrator shall not collect a fee for 
     any guarantee of a trust certificate under this section, but 
     any agent of the Administrator may collect a fee approved by 
     the Administrator for the functions described in subsection 
     (f )(2).
       ``(e) Subrogation and Ownership Rights.--
       ``(1) Subrogation.--In the event the Administrator pays a 
     claim under a guarantee issued under this section, it shall 
     be subrogated fully to the rights satisfied by such payment.
       ``(2) Ownership rights.--No Federal, State, or local law 
     shall preclude or limit the exercise by the Administrator of 
     its ownership rights in the debentures residing in a trust or 
     pool against which trust certificates are issued under this 
     section.
       ``(f) Management and Administration.--
       ``(1) Registration.--The Administrator may provide for a 
     central registration of all trust certificates issued under 
     this section.
       ``(2) Contracting of functions.--

[[Page H9762]]

       ``(A) In general.--The Administrator may contract with an 
     agent or agents to carry out on behalf of the Administrator 
     the pooling and the central registration functions provided 
     for in this section including, notwithstanding any other 
     provision of law--
       ``(i) maintenance, on behalf of and under the direction of 
     the Administrator, of such commercial bank accounts or 
     investments in obligations of the United States as may be 
     necessary to facilitate the creation of trusts or pools 
     backed by debentures guaranteed under this part; and
       ``(ii) the issuance of trust certificates to facilitate the 
     creation of such trusts or pools.
       ``(B) Fidelity bond or insurance requirement.--Any agent 
     performing functions on behalf of the Administrator under 
     this paragraph shall provide a fidelity bond or insurance in 
     such amounts as the Administrator determines to be necessary 
     to fully protect the interests of the United States.
       ``(3) Regulation of brokers and dealers.--The Administrator 
     may regulate brokers and dealers in trust certificates issued 
     under this section.
       ``(4) Electronic registration.--Nothing in this subsection 
     may be construed to prohibit the use of a book-entry or other 
     electronic form of registration for trust certificates issued 
     under this section.

     ``SEC. 387. FEES.

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

     ``SEC. 388. FEE CONTRIBUTION.

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

     ``SEC. 389. OPERATIONAL ASSISTANCE GRANTS.

       ``(a) In General.--
       ``(1) Authority.--In accordance with this section, the 
     Administrator may make grants to Renewable Fuel Capital 
     Investment companies and to other entities, as authorized by 
     this part, to provide operational assistance to smaller 
     enterprises financed, or expected to be financed, by such 
     companies or other entities.
       ``(2) Terms.--Grants made under this subsection shall be 
     made over a multiyear period not to exceed 10 years, under 
     such other terms as the Administrator may require.
       ``(3) Grants to specialized small business investment 
     companies.--
       ``(A) Authority.--In accordance with this section, the 
     Administrator may make grants to specialized small business 
     investment companies to provide operational assistance to 
     smaller enterprises financed, or expected to be financed, by 
     such companies after the effective date of the Small Energy 
     Efficient Businesses Act.
       ``(B) Use of funds.--The proceeds of a grant made under 
     this paragraph may be used by the company receiving such 
     grant only to provide operational assistance in connection 
     with an equity investment (made with capital raised after the 
     effective date of the Small Energy Efficient Businesses Act) 
     in a business located in a low-income geographic area.
       ``(C) Submission of plans.--A specialized small business 
     investment company shall be eligible for a grant under this 
     section only if the company submits to the Administrator, in 
     such form and manner as the Administrator may require, a plan 
     for use of the grant.
       ``(4) Grant amount.--
       ``(A) Renewable fuel capital investment companies.--The 
     amount of a grant made under this subsection to a Renewable 
     Fuel Capital Investment company shall be equal to the 
     resources (in cash or in kind) raised by the company under 
     section 354(d)(2).
       ``(B) Other entities.--The amount of a grant made under 
     this subsection to any entity other than a Renewable Fuel 
     Capital Investment company shall be equal to the resources 
     (in cash or in kind) raised by the entity in accordance with 
     the requirements applicable to Renewable Fuel Capital 
     Investment companies set forth in section 384(d)(2).
       ``(5) Pro rata reductions.--If the amount made available to 
     carry out this section is insufficient for the Administrator 
     to provide grants in the amounts provided for in paragraph 
     (4), the Administrator shall make pro rata reductions in the 
     amounts otherwise payable to each company and entity under 
     such paragraph.
       ``(b) Supplemental Grants.--
       ``(1) In general.--The Administrator may make supplemental 
     grants to Renewable Fuel Capital Investment companies and to 
     other entities, as authorized by this part under such terms 
     as the Administrator may require, to provide additional 
     operational assistance to smaller enterprises financed, or 
     expected to be financed, by the companies.
       ``(2) Matching requirement.--The Administrator may require, 
     as a condition of any supplemental grant made under this 
     subsection, that the company or entity receiving the grant 
     provide from resources (in a cash or in kind), other then 
     those provided by the Administrator, a matching contribution 
     equal to the amount of the supplemental grant.
       ``(c) Limitation.--None of the assistance made available 
     under this section may be used for any overhead or general 
     and administrative expense of a Renewable Fuel Capital 
     Investment company or a specialized small business investment 
     company.

     ``SEC. 390. BANK PARTICIPATION.

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

     ``SEC. 391. FEDERAL FINANCING BANK.

       ``Section 318 shall not apply to any debenture issued by a 
     Renewable Fuel Capital Investment company under this part.

     ``SEC. 392. REPORTING REQUIREMENT.

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

     ``SEC. 393. EXAMINATIONS.

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

     ``SEC. 394. MISCELLANEOUS.

       ``To the extent such procedures are not inconsistent with 
     the requirements of this part, the Administrator may take 
     such action as set forth in sections 309, 311, 312, and 314 
     of this Act.

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

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

     ``SEC. 396. REGULATIONS.

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

     ``SEC. 397. AUTHORIZATIONS OF APPROPRIATIONS.

       ``(a) Grants.--The Administrator is authorized to make 
     $15,000,000 per fiscal year in operational assistance grants.
       ``(b) Funds Collected for Examinations.--Funds deposited 
     under section 393(c)(2) are authorized to be appropriated 
     only for the costs of examinations under section 393 and for 
     the costs of other oversight activities with respect to the 
     program established under this part.''.

     SEC. 3010. STUDY AND REPORT.

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

[[Page H9763]]

                    TITLE IV--SCIENCE AND TECHNOLOGY

          Subtitle A--Advanced Research Projects Agency-Energy

     SEC. 4001. ADVANCED RESEARCH PROJECTS AGENCY-ENERGY.

       (a) Establishment.--There is established the Advanced 
     Research Projects Agency-Energy (in this subtitle referred to 
     as ``ARPA-E'') within the Department of Energy to overcome 
     the long-term and high-risk technological barriers in the 
     development of energy technologies.
       (b) Goals.--The goals of ARPA-E are to enhance the Nation's 
     economic and energy security through the development of 
     energy technologies that result in reductions of imports of 
     energy from foreign sources, reductions of energy-related 
     emissions including greenhouse gases, improvements in the 
     energy efficiency of all economic sectors, and to ensure that 
     the United States maintains a technological lead in 
     developing and deploying energy technologies. ARPA-E will 
     achieve this by--
       (1) identifying and promoting revolutionary advances in 
     fundamental sciences;
       (2) translating scientific discoveries and cutting-edge 
     inventions into technological innovations; and
       (3) accelerating transformational technological advances in 
     areas that industry by itself is not likely to undertake 
     because of technical and financial uncertainty.
       (c) Director.--ARPA-E shall be headed by a Director who 
     shall be appointed by the Secretary of Energy. The Director 
     shall report to the Secretary. No other programs within the 
     Department of Energy shall report to the Director of ARPA-E.
       (d) Responsibilities.--The Director shall administer the 
     Fund established under section 4002 to award competitive 
     grants, cooperative agreements, or contracts to institutions 
     of higher education, companies, research foundations, trade 
     and industry research collaborations, or consortia of such 
     entities which may include federally funded research and 
     development centers, to achieve the goals stated in 
     subsection (b) through targeted acceleration of--
       (1) novel early-stage energy research with possible 
     technology applications;
       (2) development of techniques, processes, and technologies, 
     and related testing and evaluation;
       (3) research and development of manufacturing processes for 
     novel energy technologies; and
       (4) demonstration and coordination with nongovernmental 
     entities for commercial applications of energy technologies 
     and research applications.
       (e) Personnel.--
       (1) Program managers.--The Director shall designate 
     employees to serve as program managers for each of the 
     programs established pursuant to the responsibilities 
     established for ARPA-E under subsection (d). Program managers 
     shall be responsible for--
       (A) establishing research and development goals for the 
     program, including through the convening of workshops and 
     conferring with outside experts, as well as publicizing the 
     goals to the public and private sectors;
       (B) soliciting applications for specific areas of 
     particular promise, especially those which the private sector 
     or the Federal Government are not likely to undertake alone;
       (C) building research collaborations for carrying out the 
     program;
       (D) selecting on the basis of merit, with advice under 
     section 4003 as appropriate, each of the energy projects to 
     be supported under the program following consideration of--
       (i) the novelty and scientific and technical merit of the 
     proposed projects;
       (ii) the demonstrated capabilities of the applicants to 
     successfully carry out the proposed research project;
       (iii) the applicant's consideration of future commercial 
     applications of the project, including the feasibility of 
     partnering with 1 or more commercial entities; and
       (iv) such other criteria as are established by the 
     Director; and
       (E) monitoring the progress of projects supported under the 
     program, and prescribing program restructure or termination 
     of research partnerships or whole projects that do not show 
     promise.
       (2) Hiring and management.--In hiring personnel for ARPA-E, 
     the Director shall have the authority to make appointments of 
     scientific, engineering, and professional personnel without 
     regard to the civil service laws, and fix the compensation of 
     such personnel at a rate to be determined by the Director. 
     The term of appointments for employees may not exceed 3 years 
     before the granting of any extension. In hiring initial staff 
     the Secretary shall give preference to applicants with 
     experience in the Defense Advanced Research Projects Agency, 
     academia, or in private sector technology development. The 
     Secretary or Director may contract with private recruiting 
     firms in hiring qualified technical staff.
       (3) Additional hiring.--The Director may hire additional 
     technical, financial, managerial, or other staff as needed to 
     carry out the activities of the program.
       (f) Coordination and Nonduplication.--To the extent 
     practicable, the Director shall ensure that the activities of 
     ARPA-E are coordinated with, and do not duplicate the efforts 
     of, existing programs and laboratories within the Department 
     of Energy and other relevant research agencies. Where 
     appropriate, the Director may coordinate technology transfer 
     efforts with the Technology Transfer Coordinator established 
     in section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 
     16391).
       (g) Federal Demonstration of Technologies.--The Secretary 
     shall make information available to purchasing and 
     procurement programs of Federal agencies regarding the 
     potential to demonstrate technologies resulting from 
     activities funded through ARPA-E.

     SEC. 4002. FUND.

       (a) Establishment.--There is established in the Treasury 
     the Energy Transformation Acceleration Fund (in this subtitle 
     referred to as the ``Fund''), which shall be administered by 
     the Director of ARPA-E for the purposes of carrying out this 
     subtitle.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Director of ARPA-E for deposit in 
     the Fund $300,000,000 for fiscal year 2008, $1,000,000,000 
     for fiscal year 2009, $1,100,000,000 for fiscal year 2010, 
     $1,200,000,000 for fiscal year 2011, and $1,300,000,000 for 
     fiscal year 2012, to remain available until expended.
       (c) Limitation.--No amounts may be appropriated for the 
     first year of funding for ARPA-E unless the amount 
     appropriated for the activities of the Office of Science of 
     the Department of Energy for that fiscal year exceed the 
     amount appropriated for that Office for fiscal year 2007, as 
     adjusted for inflation according to the Consumer Price Index.
       (d) Allocation.--Of the amounts appropriated for a fiscal 
     year under subsection (b)--
       (1) not more than 50 percent shall be for activities under 
     section 4001(d)(4);
       (2) not more than 8 percent shall be made available to 
     Federally Funded Research and Development Centers;
       (3) not more than 10 percent may be used for administrative 
     expenses;
       (4) at least 2.5 percent shall be designated for technology 
     transfer and outreach activities; and
       (5) during the first 5 years of operation of ARPA-E, no 
     funds may be used for construction of new buildings or 
     facilities.

     SEC. 4003. ADVICE.

       (a) Advisory Committees.--The Director may seek advice on 
     any aspect of ARPA-E from--
       (1) existing Department of Energy advisory committees; and
       (2) new advisory committees organized to support the 
     programs of ARPA-E and to provide advice and assistance on--
       (A) specific program tasks; or
       (B) overall direction of ARPA-E.
       (b) Additional Sources of Advice.--The Director may seek 
     advice and review from the National Academy of Sciences, the 
     National Academy for Engineering, and any other professional 
     or scientific organization with expertise in specific 
     processes or technologies under development by ARPA-E.

     SEC. 4004. ARPA-E EVALUATION.

       After ARPA-E has been in operation for 54 months, the 
     President's Committee on Science and Technology shall begin 
     an evaluation (to be completed within 12 months) of how well 
     ARPA-E is achieving its goals and mission. The evaluation 
     shall include the recommendation of such Committee on whether 
     ARPA-E should be continued or terminated, as well as lessons-
     learned from its operation. The evaluation shall be made 
     available to Congress and to the public upon completion.

     SEC. 4005. SAVINGS CLAUSE.

       The authorities granted by this subtitle are in addition to 
     existing authorities granted to the Secretary of Energy, and 
     not intended to supersede or modify any existing authorities.

            Subtitle B--Marine Renewable Energy Technologies

     SEC. 4101. SHORT TITLE.

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

     SEC. 4102. FINDINGS.

       The Congress finds the following:
       (1) The United States has a critical national interest in 
     developing clean, domestic, renewable sources of energy in 
     order to reduce environmental impacts of energy production, 
     increase national security, improve public health, and 
     bolster economic stability.
       (2) Marine renewable energy technologies are a nonemitting 
     source of power production.
       (3) Marine renewable energy may serve as an alternative to 
     fossil fuels and create thousands of new jobs within the 
     United States.
       (4) Europe has already successfully delivered electricity 
     to the grid through the deployment of wave and tidal energy 
     devices off the coast of Scotland.
       (5) Recent studies from the Electric Power Research 
     Institute, in conjunction with the Department of Energy's 
     National Renewable Energy Laboratory, have identified an 
     abundance of viable sites within the United States with ample 
     wave and tidal resources to be harnessed by marine power 
     technologies.
       (6) Sustained and expanded research, development, 
     demonstration, and commercial application programs are needed 
     to locate and characterize marine renewable energy resources, 
     and to develop the technologies that will enable their 
     widespread commercial development.
       (7) Federal support is critical to reduce the financial 
     risk associated with developing new marine renewable energy 
     technologies,

[[Page H9764]]

     thereby encouraging the private sector investment necessary 
     to make marine renewable energy resources commercially viable 
     as a source of electric power and for other applications.

     SEC. 4103. DEFINITIONS.

       For purposes of this subtitle--
       (1) Marine renewable energy.--The term ``Marine Renewable 
     Energy'' means energy derived from one or more of the 
     following sources:
       (A) Waves.
       (B) Tidal flows.
       (C) Ocean currents.
       (D) Ocean thermal energy conversion.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.

     SEC. 4104. MARINE RENEWABLE ENERGY RESEARCH AND DEVELOPMENT.

       (a) In General.--The Secretary, in conjunction with other 
     appropriate agencies, shall support programs of research, 
     development, demonstration, and commercial application to 
     expand marine renewable energy production, including programs 
     to--
       (1) study and compare existing marine renewable energy 
     extraction technologies;
       (2) research, develop, and demonstrate advanced marine 
     renewable energy systems and technologies;
       (3) reduce the manufacturing and operation costs of marine 
     renewable energy technologies;
       (4) investigate efficient and reliable integration with the 
     utility grid and intermittency issues;
       (5) advance wave forecasting technologies;
       (6) conduct experimental and numerical modeling for 
     optimization of marine energy conversion devices and arrays;
       (7) increase the reliability and survivability of marine 
     renewable energy technologies, including development of 
     corrosive-resistant materials;
       (8) study, in conjunction with the Assistant Administrator 
     for Research and Development of the Environmental Protection 
     Agency, the Undersecretary of Commerce for Oceans and 
     Atmosphere, and other Federal agencies as appropriate, the 
     environmental impacts of marine renewable energy technologies 
     and ways to address adverse impacts, and provide public 
     information concerning technologies and other means available 
     for monitoring and determining environmental impacts;
       (9) establish protocols, in conjunction with the National 
     Oceanic and Atmospheric Administration, for how the ocean 
     community may best interact with marine renewable energy 
     devices;
       (10) develop power measurement standards for marine 
     renewable energy;
       (11) develop identification standards for marine renewable 
     energy devices;
       (12) address standards development, demonstration, and 
     technology transfer for advanced systems engineering and 
     system integration methods to identify critical interfaces; 
     and
       (13) utilize marine resources in the Gulf of Mexico, the 
     Atlantic Ocean, and the Pacific Ocean.
       (b) Siting Criteria.--The Secretary, in conjunction with 
     other appropriate Federal agencies, shall develop, prior to 
     installation of any technologies under this section, siting 
     criteria for marine renewable energy generation demonstration 
     and commercial application projects funded under this 
     subtitle.

     SEC. 4105. NATIONAL MARINE RENEWABLE ENERGY RESEARCH, 
                   DEVELOPMENT, AND DEMONSTRATION CENTERS.

       (a) Centers.--The Secretary, acting through the National 
     Renewable Energy Laboratory, shall award grants to 
     institutions of higher education (or consortia thereof) for 
     the establishment of 1 or more National Marine Renewable 
     Energy Research, Development, and Demonstration Centers. In 
     selecting locations for Centers, the Secretary shall consider 
     sites that meet one of the following criteria:
       (1) Hosts an existing marine renewable energy research and 
     development program in coordination with a public university 
     engineering program.
       (2) Has proven expertise to support environmental and 
     policy-related issues associated with harnessing of energy in 
     the marine environment.
       (3) Has access to and utilizes the marine resources in the 
     Gulf of Mexico, the Atlantic Ocean, or the Pacific Ocean.

     The Secretary may give special consideration to historically 
     black colleges and universities and land grant universities 
     that also meet one of these criteria. In establishing 
     criteria for the selection of Centers, the Secretary shall 
     coordinate with the Undersecretary of Commerce for Oceans and 
     Atmosphere on the criteria related to advancing wave 
     forecasting technologies, studying the compatibility with the 
     environment of marine renewable energy technologies and 
     systems, and establishing protocols for how the ocean 
     community best interacts with marine renewable energy devices 
     and parks.
       (b) Purposes.--The Centers shall advance research, 
     development, demonstration, and commercial application of 
     marine renewable energy through a number of initiatives 
     including for the purposes described in section 4104(1) 
     through (13), and shall serve as an information clearinghouse 
     for the marine renewable energy industry, collecting and 
     disseminating information on best practices in all areas 
     related to developing and managing enhanced marine renewable 
     energy systems resources.
       (c) Demonstration of Need.--When applying for a grant under 
     this section, an applicant shall include a description of why 
     Federal support is necessary for the Center, including 
     evidence that the research of the Center will not be 
     conducted in the absence of Federal support.

     SEC. 4106. APPLICABILITY OF OTHER LAWS.

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

     SEC. 4107. AUTHORIZATION OF APPROPRIATIONS.

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

                     Subtitle C--Geothermal Energy

     SEC. 4201. SHORT TITLE.

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

     SEC. 4202. FINDINGS.

       The Congress finds the following:
       (1) The United States has a critical national interest in 
     developing clean, domestic, renewable sources of energy in 
     order to mitigate the causes of climate change, reduce other 
     environmental impacts of energy production, increase national 
     security, improve public health, and bolster economic 
     stability.
       (2) Geothermal energy is a renewable energy resource.
       (3) Geothermal energy is unusual among renewable energy 
     sources because of its ability to provide an uninterrupted 
     supply of baseload electricity.
       (4) Recently published assessments by reputable experts, 
     including the Massachusetts Institute of Technology, the 
     Western Governors Association, and the National Renewable 
     Energy Laboratory, indicate that the Nation's geothermal 
     resources are widely distributed, vast in size, and barely 
     tapped.
       (5) Sustained and expanded research, development, 
     demonstration, and commercial application programs are needed 
     to locate and characterize geothermal resources, and to 
     develop the technologies that will enable their widespread 
     commercial development.
       (6) Federal support is critical to reduce the financial 
     risk associated with developing new geothermal technologies, 
     thereby encouraging the private sector investment necessary 
     to make geothermal resources commercially viable as a source 
     of electric power and for other applications.

     SEC. 4203. DEFINITIONS.

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

     SEC. 4204. HYDROTHERMAL RESEARCH AND DEVELOPMENT.

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

[[Page H9765]]

     to be pursued, simultaneously and independently, in 
     collaboration with industry partners, for the demonstration 
     of technologies and techniques of siting and exploratory 
     drilling for undiscovered resources in a variety of geologic 
     settings. The program shall include incentives to encourage 
     the use of advanced technologies and techniques.

     SEC. 4205. GENERAL GEOTHERMAL SYSTEMS RESEARCH AND 
                   DEVELOPMENT.

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

     Any potential environmental impacts identified as part of the 
     development, production, and use of geothermal energy shall 
     be measured and examined against the potential emissions 
     offsets of greenhouses gases gained by geothermal energy 
     development, production, and use.

     SEC. 4206. ENHANCED GEOTHERMAL SYSTEMS RESEARCH AND 
                   DEVELOPMENT.

       (a) In General.--The Secretary shall support a program of 
     research, development, demonstration, and commercial 
     application for enhanced geothermal systems, including the 
     programs described in subsection (b).
       (b) Programs.--
       (1) Enhanced geothermal systems technologies.--The 
     Secretary shall support a program of research, development, 
     demonstration, and commercial application of the technologies 
     and knowledge necessary for enhanced geothermal systems to 
     advance to a state of commercial readiness, including 
     advances in--
       (A) reservoir stimulation;
       (B) reservoir characterization, monitoring, and modeling;
       (C) stress mapping;
       (D) tracer development;
       (E) three-dimensional tomography;
       (F) understanding seismic effects of reservoir engineering 
     and stimulation; and
       (G) laser-based drilling technology.
       (2) Enhanced geothermal systems reservoir stimulation.--
       (A) Program.--In collaboration with industry partners, the 
     Secretary shall support a program of research, development, 
     and demonstration of enhanced geothermal systems reservoir 
     stimulation technologies and techniques. A minimum of 5 sites 
     shall be selected in locations that show particular promise 
     for enhanced geothermal systems development. Each site 
     shall--
       (i) represent a different class of subsurface geologic 
     environments; and
       (ii) take advantage of an existing site where subsurface 
     characterization has been conducted or existing drill holes 
     can be utilized, if possible.
       (B) Consideration of existing sites.--The following 2 
     sites, where Department of Energy and industry cooperative 
     enhanced geothermal systems projects are already underway, 
     may be considered for inclusion among the sites selected 
     under subparagraph (A):
       (i) Desert Peak, Nevada.
       (ii) Coso, California.

     SEC. 4207. GEOTHERMAL ENERGY PRODUCTION FROM OIL AND GAS 
                   FIELDS AND RECOVERY AND PRODUCTION OF 
                   GEOPRESSURED GAS RESOURCES.

       (a) In General.--The Secretary shall establish a program of 
     research, development, demonstration, and commercial 
     application to support development of geothermal energy 
     production from oil and gas fields and production and 
     recovery of energy from geopressured resources. In addition, 
     the Secretary shall conduct such supporting activities 
     including research, resource characterization, and technology 
     development as necessary.
       (b) Geothermal Energy Production From Oil and Gas Fields.--
     The Secretary shall implement a grant program in support of 
     geothermal energy production from oil and gas fields. The 
     program shall include grants for a total of not less than 
     three demonstration projects of the use of geothermal 
     techniques such as organic rankine cycle systems at marginal, 
     unproductive, and productive oil and gas wells. The Secretary 
     shall, to the extent practicable and in the public interest, 
     make awards that--
       (1) include not less than five oil or gas well sites per 
     project award;
       (2) use a range of oil or gas well hot water source 
     temperatures from 150 degrees Fahrenheit to 300 degrees 
     Fahrenheit;
       (3) cover a range of sizes up to one megawatt;
       (4) are located at a range of sites;
       (5) can be replicated at a wide range of sites;
       (6) facilitate identification of optimum techniques among 
     competing alternatives;
       (7) include business commercialization plans that have the 
     potential for production of equipment at high volumes and 
     operation and support at a large number of sites; and
       (8) satisfy other criteria that the Secretary determines 
     are necessary to carry out the program and collect necessary 
     data and information.

     The Secretary shall give preference to assessments that 
     address multiple elements contained in paragraphs (1) through 
     (8).
       (c) Grant Awards.--Each grant award for demonstration of 
     geothermal technology such as organic rankine cycle systems 
     at oil and gas wells made by the Secretary under subsection 
     (b) shall include--
       (1) necessary and appropriate site engineering study;
       (2) detailed economic assessment of site specific 
     conditions;
       (3) appropriate feasibility studies to determine whether 
     the demonstration can be replicated;
       (4) design or adaptation of existing technology for site 
     specific circumstances or conditions;
       (5) installation of equipment, service, and support;
       (6) operation for a minimum of one year and monitoring for 
     the duration of the demonstration; and
       (7) validation of technical and economic assumptions and 
     documentation of lessons learned.
       (d) Geopressured Gas Resource Recovery and Production.--(1) 
     The Secretary shall implement a program to support the 
     research, development, demonstration, and commercial 
     application of cost-effective techniques to produce energy 
     from geopressured resources situated in and near the Gulf of 
     Mexico.
       (2) The Secretary shall solicit preliminary engineering 
     designs for geopressured resources production and recovery 
     facilities.
       (3) Based upon a review of the preliminary designs, the 
     Secretary shall award grants, which may be cost-shared, to 
     support the detailed development and completion of 
     engineering, architectural and technical plans needed to 
     support construction of new designs.
       (4) Based upon a review of the final design plans above, 
     the Secretary shall award cost-shared development and 
     construction grants for demonstration geopressured production 
     facilities that show potential for economic recovery of the 
     heat, kinetic energy and gas resources from geopressured 
     resources.
       (e) Competitive Grant Selection.--Not less than 90 days 
     after the date of the enactment of this Act, the Secretary 
     shall conduct a national solicitation for applications for 
     grants under the programs outlined in subsections (b) and 
     (d). Grant recipients shall be selected on a competitive 
     basis based on criteria in the respective subsection.
       (f) Well Drilling.--No funds may be used under this section 
     for the purpose of drilling new wells.

     SEC. 4208. COST SHARING AND PROPOSAL EVALUATION.

       (a) Federal Share.--(1) The Federal share of costs of 
     projects funded under this subtitle shall be in accordance 
     with section 988 of the Energy Policy Act of 2005.
       (2) The Secretary may waive the Federal cost share 
     requirement for grants awarded to universities, national 
     laboratories, or similar noncommercial entities awarded 
     grants under this subtitle.
       (3) The Secretary shall allow for a competitive bidding 
     process to play a role in determining the final cost-share 
     ratio.
       (b) Organization and Administration of Programs.--Programs 
     under this subtitle shall incorporate the following 
     organizational and administrative elements:
       (1) Non-Federal participants shall be chosen through a 
     competitive selection process.
       (2) The request for proposals for each program shall 
     stipulate, at a minimum, the following:
       (A) The non-Federal funding requirements for projects.
       (B) The funding mechanism to be used (i.e. grants, 
     contracts, or cooperative agreements).
       (C) Milestones and a schedule for completion.
       (D) Criteria for evaluating proposals.
       (3) In evaluating proposals, the Secretary shall give 
     priority to proposals that draw on relevant expertise from 
     industry, academia, and the national laboratories, as 
     appropriate.

[[Page H9766]]

       (4) The Secretary shall coordinate with, and where 
     appropriate may provide funds in furtherance of the purposes 
     of this subtitle to, other Department of Energy research and 
     development programs focused on drilling, subsurface 
     characterization, and other related technologies.
       (5) In evaluating proposals, the Secretary shall consult 
     with relevant experts from industry, academia, and the 
     national laboratories, as appropriate.
       (6) In evaluating proposals, the Secretary shall give 
     priority to proposals that demonstrate clear evidence of 
     employing a systems approach.
       (7) In evaluating proposals for projects with a field 
     component, the Secretary shall, where appropriate, give 
     priority consideration to proposals that contain provisions 
     to study local environmental impacts of the technologies 
     developed or the operations undertaken.
       (8) In evaluating proposals, the Secretary, in coordination 
     with other appropriate agencies, shall seek to ensure that no 
     funding authorized under this subtitle is awarded to any 
     project that would result in adverse impacts to land, water, 
     or other resources within the National Wilderness 
     Preservation System, the National Park System, the National 
     Wildlife Refuge System, the National Landscape Conservation 
     System, the National Wild and Scenic Rivers System, the 
     National Trails System, any National Monument, any Wilderness 
     Study Area, any Research Natural Area, any National Marine 
     Sanctuary, any Inventoried Roadless Area, or any Area of 
     Critical Environmental Concern.
       (9) Scientific data collected as a result of any project 
     supported with funds provided under this subtitle shall be 
     made available to the public.

     SEC. 4209. CENTERS FOR GEOTHERMAL TECHNOLOGY TRANSFER.

       (a) In General.--The Secretary shall award grants to 
     institutions of higher education (or consortia thereof) to 
     establish 2 Centers for Geothermal Technology Transfer.
       (b) Centers.--
       (1) Hydrothermal center.--The purpose of one Technology 
     Transfer Center shall be to serve as an information 
     clearinghouse for the geothermal industry, collecting and 
     disseminating information on best practices in all areas 
     related to developing and managing hydrothermal resources, 
     including data available for disclosure as provided under 
     section 4208(b)(9). This Center shall be based at the 
     institution west of the Rocky Mountains that the Secretary 
     considers to be best suited to the purpose. The Center shall 
     collect and disseminate information on all subjects germane 
     to the development and user of hydrothermal systems, 
     including--
       (A) resource location;
       (B) reservoir characterization, monitoring, and modeling;
       (C) drilling techniques;
       (D) reservoir management techniques; and
       (E) technologies for electric power conversion or direct 
     use of geothermal energy.
       (2) Enhanced geothermal systems center.--The purpose of a 
     second Technology Transfer Center shall be to serve as an 
     information clearinghouse for the geothermal industry, 
     collecting and disseminating information on best practices in 
     all areas related to developing and managing enhanced 
     geothermal systems resources, including data available for 
     disclosure as provided under section 4208(b)(9). This Center 
     is encouraged to seek opportunities to coordinate efforts and 
     share information with international partners engaged in 
     research and development of enhanced geothermal systems or 
     engaged in collection of data related to enhanced geothermal 
     systems development. This Center shall be based at an 
     academic institution east of the Rocky Mountains which, in 
     the opinion of the Secretary, is best suited to provide 
     national leadership on enhanced geothermal systems-related 
     issues. The Center shall collect and disseminate information 
     on all subjects germane to the development and use of 
     enhanced geothermal systems.
       (c) Award Duration.--An award made by the Secretary under 
     this section shall be for an initial period of 5 years, and 
     may be renewed for additional 5-year periods on the basis 
     of--
       (1) satisfactory performance in meeting the goals of the 
     research plan proposed by the Center; and
       (2) other requirements as specified by the Secretary.

     SEC. 4210. GEOPOWERING AMERICA.

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

     SEC. 4211. EDUCATIONAL PILOT PROGRAM.

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

     SEC. 4212. REPORTS.

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

     SEC. 4213. APPLICABILITY OF OTHER LAWS.

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

     SEC. 4214. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary to 
     carry out this subtitle $90,000,000 for each of the fiscal 
     years 2008 through 2012, of which $10,000,000 for each fiscal 
     year shall be for carrying out section 4207. There are also 
     authorized to be appropriated to the Secretary for the 
     Intermountain West Geothermal Consortium $5,000,000 for each 
     of the fiscal years 2008 through 2012.

                        Subtitle D--Solar Energy

     SEC. 4301. SHORT TITLE.

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

     SEC. 4302. DEFINITIONS.

       For purposes of this subtitle:
       (1) The term ``Department'' means the Department of Energy.
       (2) The term ``Secretary'' means the Secretary of Energy.

     SEC. 4303. THERMAL ENERGY STORAGE RESEARCH AND DEVELOPMENT 
                   PROGRAM.

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

     SEC. 4304. CONCENTRATING SOLAR POWER COMMERCIAL APPLICATION 
                   STUDIES.

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

     SEC. 4305. SOLAR ENERGY CURRICULUM DEVELOPMENT AND 
                   CERTIFICATION GRANTS.

       (a) Establishment.--The Secretary shall establish in the 
     Office of Solar Energy Technologies a competitive grant 
     program to create and strengthen solar industry workforce 
     training and internship programs in installation, operation, 
     and maintenance of solar energy products. The goal of this 
     program is to

[[Page H9767]]

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

     SEC. 4306. DAYLIGHTING SYSTEMS AND DIRECT SOLAR LIGHT PIPE 
                   TECHNOLOGY.

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

     SEC. 4307. SOLAR AIR CONDITIONING RESEARCH AND DEVELOPMENT 
                   PROGRAM.

       (a) Establishment.--The Secretary shall establish a 
     research, development, and demonstration program to promote 
     less costly and more reliable decentralized distributed 
     solar-powered air conditioning for individuals and 
     businesses.
       (b) Authorized Activities.--Grants made available under 
     this section may be used to support the following activities:
       (1) Advancing solar thermal collectors, including 
     concentrating solar thermal and electric systems, flat plate 
     and evacuated tube collector performance.
       (2) Achieving technical and economic integration of solar-
     powered distributed air-conditioning systems with existing 
     hot water and storage systems for residential applications.
       (3) Designing and demonstrating mass manufacturing 
     capability to reduce costs of modular standardized solar-
     powered distributed air conditioning systems and components.
       (4) Improving the efficiency of solar-powered distributed 
     air-conditioning to increase the effectiveness of solar-
     powered absorption chillers, solar-driven compressors and 
     condensors, and cost-effective precooling approaches.
       (5) Researching and comparing performance of solar-powered 
     distributed air conditioning systems in different regions of 
     the country, including potential integration with other 
     onsite systems, such as solar, biogas, geothermal heat pumps, 
     and propane assist or combined propane fuel cells, with a 
     goal to develop site-specific energy production and 
     management systems that ease fuel and peak utility loading.
       (c) Cost Sharing.--The non-Federal share of research and 
     development projects supported under this section shall be 
     not less than 20 percent, and for demonstration projects 
     shall be not less than 50 percent.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary for carrying out this 
     section $2,500,000 for each of the fiscal years 2008 through 
     2012.

     SEC. 4308. PHOTOVOLTAIC DEMONSTRATION PROGRAM.

       (a) In General.--The Secretary shall establish a program of 
     grants to States to demonstrate advanced photovoltaic 
     technology.
       (b) Requirements.--
       (1) Ability to meet requirements.--To receive funding under 
     the program under this section, a State must submit a 
     proposal that demonstrates, to the satisfaction of the 
     Secretary, that the State will meet the requirements of 
     subsection (f).
       (2) Compliance with requirements.--If a State has received 
     funding under this section for the preceding year, the State 
     must demonstrate, to the satisfaction of the Secretary, that 
     it complied with the requirements of subsection (f) in 
     carrying out the program during that preceding year, and that 
     it will do so in the future, before it can receive further 
     funding under this section.
       (3) Funding allocation.--Each State submitting a qualifying 
     proposal shall receive funding under the program based on the 
     proportion of United States population in the State according 
     to the 2000 census. In each fiscal year, the portion of funds 
     attributable under this paragraph to States that have not 
     submitted qualifying proposals in the time and manner 
     specified by the Secretary shall be distributed pro rata to 
     the States that have submitted qualifying proposals in the 
     specified time and manner.
       (c) Competition.--If more than $25,000,000 is available for 
     the program under this section for any fiscal year, the 
     Secretary shall allocate 75 percent of the total amount of 
     funds available according to subsection (b)(3), and shall 
     award the remaining 25 percent on a competitive basis to the 
     States with the proposals the Secretary considers most likely 
     to encourage the widespread adoption of photovoltaic 
     technologies.
       (d) Proposals.--Not later than 6 months after the date of 
     enactment of this Act, and in each subsequent fiscal year for 
     the life of the program, the Secretary shall solicit 
     proposals from the States to participate in the program under 
     this section.
       (e) Competitive Criteria.--In awarding funds in a 
     competitive allocation under subsection (c), the Secretary 
     shall consider--
       (1) the likelihood of a proposal to encourage the 
     demonstration of, or lower the costs of, advanced 
     photovoltaic technologies; and
       (2) the extent to which a proposal is likely to--
       (A) maximize the amount of photovoltaics demonstrated;
       (B) maximize the proportion of non-Federal cost share; and
       (C) limit State administrative costs.
       (f) State Program.--A program operated by a State with 
     funding under this section shall provide competitive awards 
     for the demonstration of advanced photo-voltaic technologies. 
     Each State program shall--
       (1) require a contribution of at least 60 percent per award 
     from non-Federal sources, which may include any combination 
     of State, local, and private funds, except that at least 10 
     percent of the funding must be supplied by the State;
       (2) endeavor to fund recipients in the commercial, 
     industrial, institutional, governmental, and residential 
     sectors;
       (3) limit State administrative costs to no more than 10 
     percent of the grant;
       (4) report annually to the Secretary on--
       (A) the amount of funds disbursed;
       (B) the amount of photovoltaics purchased; and
       (C) the results of the monitoring under paragraph (5);
       (5) provide for measurement and verification of the output 
     of a representative sample of the photovoltaics systems 
     demonstrated throughout the average working life of the 
     systems, or at least 20 years; and
       (6) require that applicant buildings must have received an 
     independent energy efficiency audit during the 6-month period 
     preceding the filing of the application.
       (g) Unexpended Funds.--If a State fails to expend any funds 
     received under subsection (b) or (c) within 3 years of 
     receipt, such remaining funds shall be returned to the 
     Treasury.
       (h) Reports.--The Secretary shall report to Congress 5 
     years after funds are first distributed to the States under 
     this section--
       (1) the amount of photovoltaics demonstrated;
       (2) the number of projects undertaken;
       (3) the administrative costs of the program;
       (4) the amount of funds that each State has not received 
     because of a failure to submit a qualifying proposal, as 
     described in subsection (b)(3);
       (5) the results of the monitoring under subsection (f)(5); 
     and

[[Page H9768]]

       (6) the total amount of funds distributed, including a 
     breakdown by State.
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary for the purposes of 
     carrying out this section--
       (1) $15,000,000 for fiscal year 2008;
       (2) $30,000,000 for fiscal year 2009;
       (3) $45,000,000 for fiscal year 2010;
       (4) $60,000,000 for fiscal year 2011; and
       (5) $70,000,000 for fiscal year 2012.

                          Subtitle E--Biofuels

     SEC. 4401. SHORT TITLE.

       This subtitle may be cited as the ``Biofuels Research and 
     Development Enhancement Act''.

     SEC. 4402. BIOFUELS AND BIOREFINERY INFORMATION CENTER.

       (a) In General.--The Secretary of Energy (in this subtitle 
     referred to as the ``Secretary''), in cooperation with the 
     Secretary of Agriculture, shall establish a technology 
     transfer center to make available information on research, 
     development, and commercial application of technologies 
     related to biofuels and biorefineries, including--
       (1) biochemical and thermochemical conversion technologies 
     capable of making fuels from lignocellulosic feedstocks;
       (2) biotechnology processes capable of making biofuels with 
     an emphasis on development of biorefinery technologies using 
     enzyme-based processing systems;
       (3) biogas collection and production technologies suitable 
     for vehicular use;
       (4) cost-effective reforming technologies that produce 
     hydrogen fuel from biogas sources;
       (5) biogas production from cellulosic and recycled organic 
     waste sources and advancement of gaseous storage systems and 
     advancement of gaseous storage systems; and
       (6) other advanced processes and technologies that will 
     enable the development of biofuels.
       (b) Administration.--In administering this section, the 
     Secretary shall ensure that the center shall--
       (1) continually update information provided by the center;
       (2) make information available on biotechnology processes; 
     and
       (3) make information and assistance provided by the center 
     available for those involved in energy research, development, 
     demonstration, and commercial application.

     SEC. 4403. BIOFUELS AND ADVANCED BIOFUELS INFRASTRUCTURE.

       Section 932 of the Energy Policy Act of 2005 (42 U.S.C. 
     16232) is amended by adding at the end the following new 
     subsection:
       ``(f) Biofuels and Advanced Biofuels Infrastructure.--The 
     Secretary, in consultation with the Secretary of 
     Transportation and the Assistant Administrator for Research 
     and Development of the Environmental Protection Agency, shall 
     carry out a program of research, development, and 
     demonstration as it relates to existing transportation fuel 
     distribution infrastructure and new alternative distribution 
     infrastructure. The program shall focus on the physical and 
     chemical properties of biofuels and efforts to prevent or 
     mitigate against adverse impacts of those properties in the 
     following areas:
       ``(1) Corrosion of metal, plastic, rubber, cork, 
     fiberglass, glues, or any other material used in pipes and 
     storage tanks.
       ``(2) Dissolving of storage tank sediments.
       ``(3) Clogging of filters.
       ``(4) Contamination from water or other adulterants or 
     pollutants.
       ``(5) Poor flow properties related to low temperatures.
       ``(6) Oxidative and thermal instability in long-term 
     storage and use.
       ``(7) Microbial contamination.
       ``(8) Problems associated with electrical conductivity.
       ``(9) Such other areas as the Secretary considers 
     appropriate.''.

     SEC. 4404. BIODIESEL.

       (a) Biodiesel Study.--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 2.5 percent the proportion of 
     diesel fuel sold in the United States that is biodiesel 
     (within the meaning of section 211(o) of the Clean Air Act).
       (b) Materials for the Establishment of Standards.--The 
     Director of the National Institute of Standards and 
     Technology shall make publicly available the physical 
     property data and characterization of biodiesel, as is 
     defined in subsection (a), in order to encourage the 
     establishment of standards that will promote their 
     utilization in the transportation and fuel delivery system.

     SEC. 4405. BIOGAS.

       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 of the transportation fuels sold in the United 
     States fuel with biogas or a blend of biogas and natural gas.

     SEC. 4406. 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 5 bioresearch centers of varying sizes, as 
     appropriate, that focus on biofuels, of which at least 1 
     center shall be located in each of the 5 Petroleum 
     Administration for Defense Districts, which shall be 
     established for a period of 5 years, after which the grantee 
     may reapply for selection on a competitive basis''.

     SEC. 4407. GRANTS FOR BIOFUEL PRODUCTION RESEARCH AND 
                   DEVELOPMENT IN CERTAIN STATES.

       (a) In General.--The Secretary shall provide grants to 
     eligible entities for research, development, demonstration, 
     and commercial application of biofuel production technologies 
     in States with low rates of ethanol production, including low 
     rates of production of cellulosic biomass ethanol, as 
     determined by the Secretary.
       (b) Eligibility.--To be eligible to receive a grant under 
     this section, an entity shall--
       (1)(A) be an institution of higher education (as defined in 
     section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)) 
     located in a State described in subsection (a); or
       (B) be a consortium including at least 1 such institution 
     of higher education, and industry, State agencies, Indian 
     tribal agencies, National Laboratories, or local government 
     agencies located in the State; and
       (2) have proven experience and capabilities with relevant 
     technologies.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this section 
     $25,000,000 for each of fiscal years 2008 through 2010.

     SEC. 4408. BIOREFINERY ENERGY EFFICIENCY.

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

     SEC. 4409. 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, shall conduct a study of the methods 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 environmental consequences of the 
     ethanol blends described in subsection (a) on evaporative and 
     exhaust emissions from on-road, off-road, and marine vehicle 
     engines;
       (3) an evaluation of the consequences of the ethanol blends 
     described in subsection (a) on the operation, durability, and 
     performance of on-road, off-road, and marine vehicle engines; 
     and
       (4) an evaluation of the life cycle impact of the use of 
     the ethanol blends described in subsection (a) on carbon 
     dioxide and greenhouse gas emissions.
       (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. 4410. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED VEHICLES 
                   TO USE E-85 FUEL.

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

     SEC. 4411. STUDY OF ENGINE DURABILITY AND PERFORMANCE 
                   ASSOCIATED WITH THE USE OF BIODIESEL.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall initiate a study 
     on the effects of the use of biodiesel on the performance and 
     durability of engines and engine systems.
       (b) Components.--The study under this section shall 
     include--
       (1) an assessment of whether the use of biodiesel lessens 
     the durability and performance of conventional diesel engines 
     and engine systems; and
       (2) an assessment of the effects referred to in subsection 
     (a) with respect to biodiesel blends at varying 
     concentrations, including the following percentage 
     concentrations of biodiesel:
       (A) 5 percent biodiesel.
       (B) 10 percent biodiesel.
       (C) 20 percent biodiesel.
       (D) 30 percent biodiesel.
       (E) 100 percent biodiesel.

[[Page H9769]]

       (c) Report.--Not later than 24 months after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Science and Technology of the House of 
     Representatives the Committee on Energy and Natural Resources 
     of the Senate a report that describes the results of the 
     study under this section, including any recommendations of 
     the Secretary.

     SEC. 4412. BIOENERGY RESEARCH AND DEVELOPMENT, AUTHORIZATION 
                   OF APPROPRIATION.

       (a) Section 931 of the Energy Policy Act of 2005 (42 U.S.C. 
     16231) is amended--
       (1) in subsection (b)--
       (A) at the end of paragraph (2) by striking ``and'';
       (B) at the end of paragraph (3) by striking the period and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(4) $963,000,000 for fiscal year 2010.''; and
       (2) in subsection (c)--
       (A) in paragraph (2), by striking ``$251,000,000'' and 
     inserting ``$377,000,000'';
       (B) in paragraph (3), by striking ``$274,000,000'' and 
     inserting ``$398,000,000''; and
       (C) by adding at the end the following new paragraph:
       ``(4) $419,000,000 for fiscal year 2010, of which 
     $150,000,00 shall be for section 932(d).''.

     SEC. 4413. ENVIRONMENTAL RESEARCH AND DEVELOPMENT.

       (a) Amendments.--Section 977 of the Energy Policy Act of 
     2005 (42 U.S.C. 16317) is amended--
       (1) in subsection (a)(1), by striking ``and computational 
     biology'' and inserting ``computational biology, and 
     environmental science''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by inserting ``in sustainable 
     production systems that reduce greenhouse gas emissions'' 
     after ``hydrogen'';
       (B) at the end of paragraph (3), by striking ``and'';
       (C) by redesignating paragraph (4) as paragraph (5); and
       (D) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) develop cellulosic and other feedstocks that are less 
     resource and land intensive and that promote sustainable use 
     of resources, including soil, water, energy, forests, and 
     land, and ensure protection of air, water, and soil quality; 
     and''.
       (b) Tools and Evaluation.--The Secretary, in consultation 
     with the Administrator of the Environmental Protection Agency 
     and the Secretary of Agriculture, shall establish a research 
     and development program to--
       (1) improve and develop analytical tools to facilitate the 
     analysis of life-cycle energy and greenhouse gas emissions, 
     including emissions related to direct and indirect land use 
     changes, attributable to all potential biofuel feedstocks and 
     production processes; and
       (2) promote the systematic evaluation of the impact of 
     expanded biofuel production on the environment, including 
     forestlands, and on the food supply for humans and animals.
       (c) Small-Scale Production and Use of Biofuels.--The 
     Secretary, in cooperation with the Secretary of Agriculture, 
     shall establish a research and development program to 
     facilitate small-scale production, local, and on-farm use of 
     biofuels, including the development of small-scale 
     gasification technologies for production of biofuel from 
     cellulosic feedstocks.

     SEC. 4414. STUDY OF OPTIMIZATION OF BIOGAS USED IN NATURAL 
                   GAS VEHICLES.

       (a) In General.--The Secretary of Energy shall conduct a 
     study of methods of increasing the fuel efficiency of 
     vehicles using biogas by optimizing natural gas vehicle 
     systems that can operate on biogas, including the advancement 
     of vehicle fuel systems and the combination of hybrid-
     electric and plug-in hybrid electric drive platforms with 
     natural gas vehicle systems using biogas.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Energy 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 that describes the results 
     of the study, including any recommendations of the Secretary.

     SEC. 4415. STANDARDS FOR BIOFUELS DISPENSERS.

       In the absence of appropriate private sector standards 
     adopted prior to the date of enactment of this Act, and 
     consistent with the National Technology Transfer and 
     Advancement Act of 1995, the Secretary of Energy, in 
     consultation with the Director of the National Institute of 
     Standards and Technology, shall develop standards for biofuel 
     dispenser systems in order to promote broader biofuels 
     adoption and utilization.

     SEC. 4416. ALGAL BIOMASS.

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

                 Subtitle F--Carbon Capture and Storage

     SEC. 4501. SHORT TITLE.

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

     SEC. 4502. CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, 
                   AND DEMONSTRATION PROGRAM.

       (a) Amendments.--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 electric power generating 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) Fundamental science and engineering research and 
     development and demonstration supporting carbon capture and 
     storage technologies.--
       ``(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 carbon dioxide, or to learn 
     how to use carbon dioxide in products to lead to an overall 
     reduction of carbon dioxide emissions.
       ``(B) Program integration.--The Secretary shall ensure that 
     fundamental research carried out under this paragraph is 
     appropriately applied to energy technology development 
     activities and the field testing of carbon sequestration and 
     carbon use activities, including--
       ``(i) development of new or advanced technologies for the 
     capture of carbon dioxide;
       ``(ii) development of new or advanced 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 advanced 
     technologies for carbon use, including recycling and reuse of 
     carbon dioxide.
       ``(2) Field validation testing activities.--
       ``(A) In general.--The Secretary shall promote, to the 
     maximum extent practicable, regional carbon sequestration 
     partnerships to conduct geologic sequestration tests 
     involving carbon dioxide injection and monitoring, 
     mitigation, and verification operations in a variety of 
     candidate geological settings, including--
       ``(i) operating oil and gas fields;
       ``(ii) depleted oil and gas fields;
       ``(iii) unmineable coal seams;
       ``(iv) deep saline formations;
       ``(v) deep geologic systems that may be used as engineered 
     reservoirs to extract economical quantities of heat from 
     geothermal resources of low permeability or porosity;
       ``(vi) deep geologic systems containing basalt formations; 
     and
       ``(vii) high altitude terrain oil and gas fields.
       ``(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;
       ``(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; and
       ``(viii) to support Environmental Protection Agency 
     efforts, in consultation with other agencies, to develop a 
     scientifically sound regulatory framework to enable 
     commercial-scale sequestration operations while safeguarding 
     human health and underground sources of drinking water.

[[Page H9770]]

       ``(3) Large-scale carbon dioxide sequestration testing.--
       ``(A) In general.--The Secretary shall conduct not less 
     than 7 initial large-volume sequestration tests, not 
     including the FutureGen project, 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.
       ``(C) Source of carbon dioxide for large-scale 
     sequestration demonstrations.--In the process of any 
     acquisition of carbon dioxide for sequestration 
     demonstrations under subparagraph (A), the Secretary shall 
     give preference to purchases of carbon dioxide from 
     industrial and coal-fired electric generation facilities. To 
     the extent feasible, the Secretary shall prefer test projects 
     from industrial and coal-fired electric generation facilities 
     that would facilitate the creation of an integrated system of 
     capture, transportation and storage of carbon dioxide. Until 
     coal-fired electric generation facilities, either new or 
     existing, are operating with carbon dioxide capture 
     technologies, other industrial sources of carbon dioxide 
     should be pursued under this paragraph. The preference 
     provided for under this subparagraph shall not delay the 
     implementation of the large-scale sequestration tests under 
     this paragraph.
       ``(D) Definition.--For purposes of this paragraph, the term 
     `large-scale' means the injection of more than 1,000,000 
     metric tons of carbon dioxide annually, or a scale that 
     demonstrably exceeds the necessary thresholds in key geologic 
     transients to validate the ability continuously to inject 
     quantities on the order of several million metric tons of 
     industrial carbon dioxide annually for a large number of 
     years.
       ``(4) Large-scale demonstration of carbon dioxide capture 
     technologies.--
       ``(A) In general.--The Secretary shall carry out at least 3 
     and no more than 5 demonstrations, that include each of the 
     technologies described in subparagraph (B), for the large-
     scale capture of carbon dioxide from industrial sources of 
     carbon dioxide, at least 2 of which are facilities that 
     generate electric energy from fossil fuels. Candidate 
     facilities for other demonstrations under this paragraph 
     shall include facilities that refine petroleum, manufacture 
     iron or steel, manufacture cement or cement clinker, 
     manufacture commodity chemicals, and ethanol and fertilizer 
     plants. Consideration may be given to capture of carbon 
     dioxide from industrial facilities and electric generation 
     carbon sources that are near suitable geological reservoirs 
     and could continue sequestration. To ensure reduced carbon 
     dioxide emissions, the Secretary shall take necessary actions 
     to provide for the integration of the program under this 
     paragraph with the long-term carbon dioxide sequestration 
     demonstrations described in paragraph (3). These actions 
     should not delay implementation of the large-scale 
     sequestration tests authorized in paragraph (3).
       ``(B) Technologies.--The technologies referred to in 
     subparagraph (A) are precombustion capture, post-combustion 
     capture, and oxycombustion.
       ``(C) Scope of award.--An award under this paragraph 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.
       ``(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--
       ``(A) give preference to proposals from partnerships among 
     industrial, academic, and government entities; and  
       ``(B) require recipients to provide assurances that all 
     laborers and mechanics employed by contractors and 
     subcontractors in the construction, repair, or alteration of 
     new or existing facilities performed in order to carry out a 
     demonstration or commercial application activity authorized 
     under this subsection shall be paid wages at rates not less 
     than those prevailing on similar construction in the 
     locality, as determined by the Secretary of Labor in 
     accordance with subchapter IV of chapter 31 of   title 40, 
     United States Code, and the Secretary of Labor shall, with 
     respect to the labor standards in this paragraph, have the 
     authority and functions set forth in Reorganization Plan 
     Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. Appendix) and 
     section 3145 of title 40, United States Code.
       ``(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), 
     except that the Federal share of a project under paragraph 
     (4) shall not exceed 50 percent.
       ``(d) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to the Secretary for carrying out this section, other than 
     subsection (c)(3) and (4)--
       ``(A) $100,000,000 for fiscal year 2008;
       ``(B) $100,000,000 for fiscal year 2009;
       ``(C) $100,000,000 for fiscal year 2010; and
       ``(D) $100,000,000 for fiscal year 2011.
       ``(2) Sequestration.--There are authorized to be 
     appropriated to the Secretary for carrying out subsection 
     (c)(3)--
       ``(A) $140,000,000 for fiscal year 2008;
       ``(B) $140,000,000 for fiscal year 2009;
       ``(C) $140,000,000 for fiscal year 2010; and
       ``(D) $140,000,000 for fiscal year 2011.
       ``(3) Carbon capture.--There are authorized to be 
     appropriated to the Secretary for carrying out subsection 
     (c)(4)--
       ``(A) $180,000,000 for fiscal year 2009;
       ``(B) $180,000,000 for fiscal year 2010;
       ``(C) $180,000,000 for fiscal year 2011; and
       ``(D) $180,000,000 for fiscal year 2012.''.
       (b) Table of Contents Amendment.--The item relating to 
     section 963 in the table of contents for the Energy Policy 
     Act of 2005 is amended to read as follows:

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

     SEC. 4503. REVIEW OF LARGE-SCALE PROGRAMS.

       The Secretary of Energy shall enter into an arrangement 
     with the National Academy of Sciences for an independent 
     review and oversight, beginning in 2011, of the programs 
     under section 963(c)(3) and (4) of the Energy Policy Act of 
     2005, as added by section 4502 of this subtitle, to ensure 
     that the benefits of such programs are maximized. Not later 
     than January 1, 2012, the Secretary shall transmit to the 
     Congress a report on the results of such review and 
     oversight.

     SEC. 4504. SAFETY RESEARCH.

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

     SEC. 4505. GEOLOGICAL SEQUESTRATION TRAINING AND RESEARCH.

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

     SEC. 4506. UNIVERSITY BASED RESEARCH AND DEVELOPMENT GRANT 
                   PROGRAM.

       (a) Establishment.--The Secretary of Energy, in 
     consultation with other appropriate agencies, shall establish 
     a university based research and development program to study 
     carbon capture and sequestration using the various types of 
     coal.

[[Page H9771]]

       (b) Grants.--Under this section, the Secretary shall award 
     5 grants for projects submitted by colleges or universities 
     to study carbon capture and sequestration in conjunction with 
     the recovery of oil and other enhanced elemental and mineral 
     recovery. Consideration shall be given to areas that have 
     regional sources of coal for the study of carbon capture and 
     sequestration.
       (c) Rural and Agricultural Institutions.--The Secretary 
     shall designate that at least 2 of these grants shall be 
     awarded to rural or agricultural based institutions that 
     offer interdisciplinary programs in the area of environmental 
     science to study carbon capture and sequestration in 
     conjunction with the recovery of oil and other enhanced 
     elemental and mineral recovery.
       (d) Authorization of Appropriations.--There are to be 
     authorized to be appropriated $10,000,000 to carry out this 
     section.

                   Subtitle G--Global Change Research

     SEC. 4601. SHORT TITLE.

       This subtitle may be cited as the ``Global Change Research 
     and Data Management Act of 2007''.

                     PART 1--GLOBAL CHANGE RESEARCH

     SEC. 4611. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress makes the following findings:
       (1) Industrial, agricultural, and other human activities, 
     coupled with an expanding world population, are contributing 
     to processes of global change that are significantly altering 
     the Earth habitat.
       (2) Such human-induced changes, in conjunction with natural 
     fluctuations, may lead to significant alterations of world 
     climate patterns. Over the next century, these changes could 
     adversely affect world agricultural and marine production, 
     coastal habitability, biological diversity, human health, 
     global social and political stability, and global economic 
     activity.
       (3) Developments in interdisciplinary Earth sciences, 
     global observing systems, and satellite and computing 
     technologies make possible significant scientific 
     understanding of global changes and their effects, and have 
     resulted in the significant expansion of environmental data 
     and information.
       (4) Development of effective policies to prevent, mitigate, 
     and adapt to global change will rely on improvement in 
     scientific understanding of global environmental processes 
     and on development of information that is of use to 
     decisionmakers at the local, regional, and national levels.
       (5) Although the United States Global Change Research 
     Program has made significant contributions to understanding 
     Earth's climate and the anthropogenic influences on Earth's 
     climate and its ecosystems, the Program now needs to produce 
     more information to meet the expressed needs of 
     decisionmakers.
       (6) Predictions of future climate conditions for specific 
     regions have considerable uncertainty and are unlikely to be 
     confirmed in a time period necessary to inform decisions on 
     land, water, and resource management. However, improved 
     understanding of global change should be used to assist 
     decisionmakers in the development of policies to ensure that 
     ecological, social, and economic systems are resilient under 
     a variety of plausible climate futures.
       (7) In order to most effectively meet the needs of 
     decisionmakers, both the research agenda of the United States 
     Global Change Research Program and its implementation must be 
     informed by continuous feedback from documented users of 
     information generated by the Program.
       (b) Purpose.--The purpose of this part is to provide for 
     the continuation and coordination of a comprehensive and 
     integrated United States observation, research, and outreach 
     program which will assist the Nation and the world to 
     understand, assess, predict, and respond to the effects of 
     human-induced and natural processes of global change.

     SEC. 4612. DEFINITIONS.

       For purposes of this part--
       (1) the term ``global change'' means human-induced or 
     natural changes in the global environment (including 
     alterations in climate, land productivity, oceans or other 
     water resources, atmospheric chemistry, biodiversity, and 
     ecological systems) that may alter the capacity of the Earth 
     to sustain life;
       (2) the term ``global change research'' means study, 
     monitoring, assessment, prediction, and information 
     management activities to describe and understand--
       (A) the interactive physical, chemical, and biological 
     processes that regulate the total Earth system;
       (B) the unique environment that the Earth provides for 
     life;
       (C) changes that are occurring in the Earth system; and
       (D) the manner in which such system, environment, and 
     changes are influenced by human actions;
       (3) the term ``interagency committee'' means the 
     interagency committee established under section 4613;
       (4) the term ``Plan'' means the National Global Change 
     Research and Assessment Plan developed under section 4615;
       (5) the term ``Program'' means the United States Global 
     Change Research Program established under section 4614; and
       (6) the term ``regional climate change'' means the natural 
     or human-induced changes manifested in the local or regional 
     environment (including alterations in weather patterns, land 
     productivity, water resources, sea level rise, atmospheric 
     chemistry, biodiversity, and ecological systems) that may 
     alter the capacity of a specific region to support current or 
     future social and economic activity or natural ecosystems.

     SEC. 4613. INTERAGENCY COOPERATION AND COORDINATION.

       (a) Establishment.--The President shall establish or 
     designate an interagency committee to ensure cooperation and 
     coordination of all Federal research activities pertaining to 
     processes of global change for the purpose of increasing the 
     overall effectiveness and productivity of Federal global 
     change research efforts. The interagency committee shall 
     include representatives of both agencies conducting global 
     change research and agencies with authority over resources 
     likely to be affected by global change.
       (b) Functions of the Interagency Committee.--The 
     interagency committee shall--
       (1) serve as the forum for developing the Plan and for 
     overseeing its implementation;
       (2) serve as the forum for developing the vulnerability 
     assessment under section 4617;
       (3) ensure cooperation among Federal agencies with respect 
     to global change research activities;
       (4) work with academic, State, industry, and other groups 
     conducting global change research, to provide for periodic 
     public and peer review of the Program;
       (5) cooperate with the Secretary of State in--
       (A) providing representation at international meetings and 
     conferences on global change research in which the United 
     States participates; and
       (B) coordinating the Federal activities of the United 
     States with programs of other nations and with international 
     global change research activities;
       (6) work with appropriate Federal, State, regional, and 
     local authorities to ensure that the Program is designed to 
     produce information needed to develop policies to reduce the 
     vulnerability of the United States and other regions to 
     global change;
       (7) facilitate ongoing dialog and information exchange with 
     regional, State, and local governments and other user 
     communities; and
       (8) identify additional decisionmaking groups that may use 
     information generated through the Program.

     SEC. 4614. UNITED STATES GLOBAL CHANGE RESEARCH PROGRAM.

       (a) Establishment.--The President shall establish an 
     interagency United States Global Change Research Program to 
     improve understanding of global change, to respond to the 
     information needs of communities and decisionmakers, and to 
     provide periodic assessments of the vulnerability of the 
     United States and other regions to global and regional 
     climate change. The Program shall be implemented in 
     accordance with the Plan.
       (b) Lead Agency.--The lead agency for the United States 
     Global Change Research Program shall be the Office of Science 
     and Technology Policy.
       (c) Interagency Program Activities.--The Director of the 
     Office of Science and Technology Policy, in consultation with 
     the interagency committee, shall identify activities included 
     in the Plan that involve participation by 2 or more agencies 
     in the Program, and that do not fall within the current 
     fiscal year budget allocations of those participating 
     agencies, to fulfill the requirements of this subtitle. The 
     Director of the Office of Science and Technology Policy shall 
     allocate funds to the agencies to conduct the identified 
     interagency activities. Such activities may include--
       (1) development of scenarios for climate, land-cover 
     change, population growth, and socioeconomic development;
       (2) calibration and testing of alternative regional and 
     global climate models;
       (3) identification of economic sectors and regional 
     climatic zones; and
       (4) convening regional workshops to facilitate information 
     exchange and involvement of regional, State, and local 
     decisionmakers, non-Federal experts, and other stakeholder 
     groups in the activities of the Program.
       (d) Workshops.--The Director shall ensure that at least one 
     workshop is held per year in each region identified by the 
     Plan under section 4615(b)(11) to facilitate information 
     exchange and outreach to regional, State, and local 
     stakeholders as required by this subtitle.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Office of Science and Technology 
     Policy for carrying out this section $10,000,000 for each of 
     the fiscal years 2008 through 2013.

     SEC. 4615. NATIONAL GLOBAL CHANGE RESEARCH AND ASSESSMENT 
                   PLAN.

       (a) In General.--The President shall develop a National 
     Global Change Research and Assessment Plan for implementation 
     of the Program. The Plan shall contain recommendations for 
     global change research and assessment. The President shall 
     submit an outline for the development of the Plan to the 
     Congress within 1 year after the date of enactment of this 
     Act, and shall submit a completed Plan to the Congress within 
     3 years after the date of enactment of this Act. Revised 
     Plans shall be submitted to the Congress at least once every 
     5 years thereafter. In the development of each Plan, the 
     President shall conduct a formal assessment process under 
     this section to determine the needs of appropriate Federal, 
     State, regional, and local authorities and other interested 
     parties regarding the types of information needed by them in 
     developing policies to

[[Page H9772]]

     reduce society's vulnerability to global change and shall 
     utilize these assessments, including the reviews by the 
     National Academy of Sciences and the National Governors 
     Association under subsections (e) and (f), in developing the 
     Plan.
       (b) Contents of the Plan.--The Plan shall--
       (1) establish, for the 10-year period beginning in the year 
     the Plan is submitted, the goals and priorities for Federal 
     global change research which most effectively advance 
     scientific understanding of global change and provide 
     information of use to Federal, State, regional, and local 
     authorities in the development of policies relating to global 
     change;
       (2) describe specific activities, including efforts to 
     determine user information needs, research activities, data 
     collection, database development, and data analysis 
     requirements, development of regional scenarios, assessment 
     of model predictability, assessment of climate change 
     impacts, participation in international research efforts, and 
     information management, required to achieve such goals and 
     priorities;
       (3) identify relevant programs and activities of the 
     Federal agencies that contribute to the Program directly and 
     indirectly;
       (4) set forth the role of each Federal agency in 
     implementing the Plan;
       (5) consider and utilize, as appropriate, reports and 
     studies conducted by Federal agencies, the National Research 
     Council, or other entities;
       (6) make recommendations for the coordination of the global 
     change research and assessment activities of the United 
     States with such activities of other nations and 
     international organizations, including--
       (A) a description of the extent and nature of international 
     cooperative activities;
       (B) bilateral and multilateral efforts to provide worldwide 
     access to scientific data and information; and
       (C) improving participation by developing nations in 
     international global change research and environmental data 
     collection;
       (7) detail budget requirements for Federal global change 
     research and assessment activities to be conducted under the 
     Plan;
       (8) catalog the type of information identified by 
     appropriate Federal, State, regional, and local 
     decisionmakers needed to develop policies to reduce society's 
     vulnerability to global change and indicate how the planned 
     research will meet these decisionmakers' information needs;
       (9) identify the observing systems currently employed in 
     collecting data relevant to global and regional climate 
     change research and prioritize additional observation systems 
     that may be needed to ensure adequate data collection and 
     monitoring of global change;
       (10) describe specific activities designed to facilitate 
     outreach and data and information exchange with regional, 
     State, and local governments and other user communities; and
       (11) identify and describe regions of the United States 
     that are likely to experience similar impacts of global 
     change or are likely to share similar vulnerabilities to 
     global change.
       (c) Research Elements.--The Plan shall include at a minimum 
     the following research elements:
       (1) Global measurements, establishing worldwide to regional 
     scale observations prioritized to understand global change 
     and to meet the information needs of decisionmakers on all 
     relevant spatial and time scales.
       (2) Information on economic, demographic, and technological 
     trends that contribute to changes in the Earth system and 
     that influence society's vulnerability to global and regional 
     climate change.
       (3) Development of indicators and baseline databases to 
     document global change, including changes in species 
     distribution and behavior, extent of glaciations, and changes 
     in sea level.
       (4) Studies of historical changes in the Earth system, 
     using evidence from the geological and fossil record.
       (5) Assessments of predictability using quantitative models 
     of the Earth system to simulate global and regional 
     environmental processes and trends.
       (6) Focused research initiatives to understand the nature 
     of and interaction among physical, chemical, biological, land 
     use, and social processes related to global and regional 
     climate change.
       (7) Focused research initiatives to determine and then meet 
     the information needs of appropriate Federal, State, and 
     regional decisionmakers.
       (d) Information Management.--The Plan shall incorporate, to 
     the extent practicable, the recommendations relating to data 
     acquisition, management, integration, and archiving made by 
     the interagency climate and other global change data 
     management working group established under section 4633.
       (e) National Academy of Sciences Evaluation.--The President 
     shall enter into an agreement with the National Academy of 
     Sciences under which the Academy shall--
       (1) evaluate the scientific content of the Plan; and
       (2) recommend priorities for future global and regional 
     climate change research and assessment.
       (f) National Governors Association Evaluation.--The 
     President shall enter into an agreement with the National 
     Governors Association Center for Best Practices under which 
     that Center shall--
       (1) evaluate the utility to State, local, and regional 
     decisionmakers of each Plan and of the anticipated and actual 
     information outputs of the Program for development of State, 
     local, and regional policies to reduce vulnerability to 
     global change; and
       (2) recommend priorities for future global and regional 
     climate change research and assessment.
       (g) Public Participation.--In developing the Plan, the 
     President shall consult with representatives of academic, 
     State, industry, and environmental groups. Not later than 90 
     days before the President submits the Plan, or any revision 
     thereof, to the Congress, a summary of the proposed Plan 
     shall be published in the Federal Register for a public 
     comment period of not less than 60 days.

     SEC. 4616. BUDGET COORDINATION.

       (a) In General.--The President shall provide general 
     guidance to each Federal agency participating in the Program 
     with respect to the preparation of requests for 
     appropriations for activities related to the Program.
       (b) Consideration in President's Budget.--The President 
     shall submit, at the time of his annual budget request to 
     Congress, a description of those items in each agency's 
     annual budget which are elements of the Program.

     SEC. 4617. VULNERABILITY ASSESSMENT.

       (a) Requirement.--Within 1 year after the date of enactment 
     of this Act, and at least once every 5 years thereafter, the 
     President shall submit to the Congress an assessment which--
       (1) integrates, evaluates, and interprets the findings of 
     the Program and discusses the scientific uncertainties 
     associated with such findings;
       (2) analyzes current trends in global change, both human-
     induced and natural, and projects major trends for the 
     subsequent 25 to 100 years;
       (3) based on indicators and baselines developed under 
     section 4615(c)(3), as well as other measurements, analyzes 
     changes to the natural environment, land and water resources, 
     and biological diversity in--
       (A) major geographic regions of the United States; and
       (B) other continents;
       (4) analyzes the effects of global change, including the 
     changes described in paragraph (3), on food and fiber 
     production, energy production and use, transportation, human 
     health and welfare, water availability and coastal 
     infrastructure, and human social and economic systems, 
     including providing information about the differential 
     impacts on specific geographic regions within the United 
     States, on people of different income levels within those 
     regions, and for rural and urban areas within those regions; 
     and
       (5) summarizes the vulnerability of different geographic 
     regions of the world to global change and analyzes the 
     implications of global change for the United States, 
     including international assistance, population displacement, 
     food and resource availability, and national security.
       (b) Use of Related Reports.--To the extent appropriate, the 
     assessment produced pursuant to this section may coordinate 
     with, consider, incorporate, or otherwise make use of related 
     reports, assessments, or information produced by the United 
     States Global Change Research Program, regional, State, and 
     local entities, and international organizations, including 
     the World Meteorological Organization and the 
     Intergovernmental Panel on Climate Change.

     SEC. 4618. POLICY ASSESSMENT.

       Not later than 1 year after the date of enactment of this 
     Act, and at least once every 4 years thereafter, the 
     President shall enter into a joint agreement with the 
     National Academy of Public Administration and the National 
     Academy of Sciences under which the Academies shall--
       (1) document current policy options being implemented by 
     Federal, State, and local governments to mitigate or adapt to 
     the effects of global and regional climate change;
       (2) evaluate the realized and anticipated effectiveness of 
     those current policy options in meeting mitigation and 
     adaptation goals;
       (3) identify and evaluate a range of additional policy 
     options and infrastructure for mitigating or adapting to the 
     effects of global and regional climate change;
       (4) analyze the adoption rates of policies and technologies 
     available to reduce the vulnerability of society to global 
     change with an evaluation of the market and policy obstacles 
     to their adoption in the United States; and
       (5) evaluate the distribution of economic costs and 
     benefits of these policy options across different United 
     States economic sectors.

     SEC. 4619. ANNUAL REPORT.

       Each year at the time of submission to the Congress of the 
     President's budget request, the President shall submit to the 
     Congress a report on the activities conducted pursuant to 
     this part, including--
       (1) a description of the activities of the Program during 
     the past fiscal year;
       (2) a description of the activities planned in the next 
     fiscal year toward achieving the goals of the Plan; and
       (3) a description of the groups or categories of State, 
     local, and regional decisionmakers identified as potential 
     users of the information generated through the Program and a 
     description of the activities used to facilitate 
     consultations with and outreach to these groups, coordinated 
     through the work of the interagency committee.

[[Page H9773]]

     SEC. 4620. RELATION TO OTHER AUTHORITIES.

       The President shall--
       (1) ensure that relevant research, assessment, and outreach 
     activities of the National Climate Program, established by 
     the National Climate Program Act (15 U.S.C. 2901 et seq.), 
     are considered in developing national global and regional 
     climate change research and assessment efforts; and
       (2) facilitate ongoing dialog and information exchange with 
     regional, State, and local governments and other user 
     communities through programs authorized in the National 
     Climate Program Act (15 U.S.C. 2901 et seq.).

     SEC. 4621. REPEAL.

       The Global Change Research Act of 1990 (15 U.S.C. 2921 et 
     seq.) is repealed.

     SEC. 4622. GLOBAL CHANGE RESEARCH INFORMATION.

       The President shall establish or designate a Global Change 
     Research Information Exchange to make scientific research and 
     other information produced through or utilized by the Program 
     which would be useful in preventing, mitigating, or adapting 
     to the effects of global change accessible through electronic 
     means.

     SEC. 4623. ICE SHEET STUDY AND REPORT.

       (a) Study.--
       (1) Requirement.--The Director of the National Science 
     Foundation and the Administrator of National Oceanic and 
     Atmospheric Administration shall enter into an arrangement 
     with the National Academy of Sciences to complete a study of 
     the current status of ice sheet melt, as caused by climate 
     change, with implications for global sea level rise.
       (2) Contents.--The study shall take into consideration--
       (A) the past research completed related to ice sheet melt 
     as reviewed by Working Group I of the Intergovernmental Panel 
     on Climate Change;
       (B) additional research completed since the fall of 2005 
     that was not included in the Working Group I report due to 
     time constraints; and
       (C) the need for an accurate assessment of changes in ice 
     sheet spreading, changes in ice sheet flow, self-lubrication, 
     the corresponding effect on ice sheets, and current modeling 
     capabilities.
       (3) Report.--Not later than 18 months after the date of 
     enactment of this Act, the National Academy of Sciences shall 
     transmit to the Committee on Science and Technology of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report on the key 
     findings of the study conducted under subsection (a), along 
     with recommendations for additional research related to ice 
     sheet melt and corresponding sea level rise.

     SEC. 4624. HURRICANE FREQUENCY AND INTENSITY STUDY AND 
                   REPORT.

        (a) Study.--
       (1) Requirement.--The Administrator of the National Oceanic 
     and Atmospheric Administration and the Director of the 
     National Science Foundation shall enter into an arrangement 
     with the National Academy of Sciences to complete a study of 
     the current state of the science on the potential impacts of 
     climate change on patterns of hurricane and typhoon 
     development, including storm intensity, track, and frequency, 
     and the implications for hurricane-prone and typhoon-prone 
     coastal regions.
       (2) Contents.--The study shall take into consideration--
       (A) the past research completed related to hurricane and 
     typhoon development, track, and intensity as reviewed by 
     Working Groups I and II of the Intergovernmental Panel on 
     Climate Change;
       (B) additional research completed since the fall of 2005 
     that was not included in the Working Group I and II reports 
     due to time constraints;
       (C) the need for accurate assessment of potential changes 
     in hurricane and typhoon intensity, track, and frequency and 
     of the current modeling and forecasting capabilities and the 
     need for improvements in forecasting of these parameters; and
       (D) the need for additional research and monitoring to 
     improve forecasting of hurricanes and typhoons and to 
     understand the relationship between climate change and 
     hurricane and typhoon development.
       (3) Report.--Not later than 18 months after the date of 
     enactment of this Act, the National Academy of Sciences shall 
     transmit to the Committee on Science and Technology of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report on the key 
     findings of the study conducted under subsection (a).

        PART 2--CLIMATE AND OTHER GLOBAL CHANGE DATA MANAGEMENT

     SEC. 4631. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress makes the following findings:
       (1) Federal agencies have a primary mission to manage and 
     archive climate and other global change data obtained through 
     their research, development, or operational activities.
       (2) Maintenance of climate and global change data records 
     is essential to present and future studies of the Earth's 
     atmosphere, biogeochemical cycles, and climate.
       (3) Federal capabilities for the management and archiving 
     of these data have not kept pace with advances in satellite 
     and other observational technologies that have vastly 
     expanded the type and amount of information that can be 
     collected.
       (4) Proposals and plans for expansion of global observing 
     networks should include plans for the management of data to 
     be collected and budgets reflecting the cost of support for 
     management and archiving of data.
       (b) Purposes.--The purposes of this part are to establish 
     climate and other global change data management and archiving 
     as Federal agency missions, and to establish Federal policies 
     for managing and archiving climate and other global change 
     data.

     SEC. 4632. DEFINITIONS.

       For purposes of this part--
       (1) the term ``metadata'' means information describing the 
     content, quality, condition, and other characteristics of 
     climate and other global change data, compiled, to the 
     maximum extent possible, consistent with the requirements of 
     the ``Content Standard for Digital Geospatial Metadata'' 
     (FGDC-STD-001-1998) issued by the Federal Geographic Data 
     Committee, or any successor standard approved by the working 
     group; and
       (2) the term ``working group'' means the interagency 
     climate and other global change data management working group 
     established under section 4633.

     SEC. 4633. INTERAGENCY CLIMATE AND OTHER GLOBAL CHANGE DATA 
                   MANAGEMENT WORKING GROUP.

       (a) Establishment.--The President shall establish or 
     designate an interagency climate and other global change data 
     management working group to make recommendations for 
     coordinating Federal climate and other global change data 
     management and archiving activities.
       (b) Membership.--The working group shall include the 
     Administrator of the National Aeronautics and Space 
     Administration, the Administrator of the National Oceanic and 
     Atmospheric Administration, the Secretary of Energy, the 
     Secretary of Defense, the Director of the National Science 
     Foundation, the Director of the United States Geological 
     Survey, the Archivist of the United States, the Administrator 
     of the Environmental Protection Agency, the Secretary of the 
     Smithsonian Institution, or their designees, and 
     representatives of any other Federal agencies the President 
     considers appropriate.
       (c) Reports.--Not later than 1 year after the date of 
     enactment of this Act, the working group shall transmit a 
     report to the Congress containing the elements described in 
     subsection (d). Not later than 4 years after the initial 
     report under this subsection, and at least once every 4 years 
     thereafter, the working group shall transmit reports updating 
     the previous report. In preparing reports under this 
     subsection, the working group shall consult with expected 
     users of the data collected and archived by the Program.
       (d) Contents.--The reports and updates required under 
     subsection (c) shall--
       (1) include recommendations for the establishment, 
     maintenance, and accessibility of a catalog identifying all 
     available climate and other global change data sets;
       (2) identify climate and other global change data 
     collections in danger of being lost and recommend actions to 
     prevent such loss;
       (3) identify gaps in climate and other global change data 
     and recommend actions to fill those gaps;
       (4) identify effective and compatible procedures for 
     climate and other global change data collection, management, 
     and retention and make recommendations for ensuring their use 
     by Federal agencies and other appropriate entities;
       (5) develop and propose a coordinated strategy for funding 
     and allocating responsibilities among Federal agencies for 
     climate and other global change data collection, management, 
     and retention;
       (6) make recommendations for ensuring that particular 
     attention is paid to the collection, management, and 
     archiving of metadata;
       (7) make recommendations for ensuring a unified and 
     coordinated Federal capital investment strategy with respect 
     to climate and other global change data collection, 
     management, and archiving;
       (8) evaluate the data record from each observing system and 
     make recommendations to ensure that delivered data are free 
     from time-dependent biases and random errors before they are 
     transferred to long-term archives; and
       (9) evaluate optimal design of observation system 
     components to ensure a cost-effective, adequate set of 
     observations detecting and tracking global change.

                          Subtitle H--H-PRIZE

     SEC. 4701. H-PRIZE.

       Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 
     16396) is amended by adding at the end the following new 
     subsection:
       ``(f) H-PRIZE.--
       ``(1) Prize authority.--
       ``(A) In general.--As part of the program under this 
     section, the Secretary shall carry out a program to 
     competitively award cash prizes in conformity with this 
     subsection to advance the research, development, 
     demonstration, and commercial application of hydrogen energy 
     technologies.
       ``(B) Advertising and solicitation of competitors.--
       ``(i) Advertising.--The Secretary shall widely advertise 
     prize competitions under this subsection to encourage broad 
     participation, including by individuals, universities 
     (including historically Black colleges and universities and 
     other minority serving institutions), and large and small 
     businesses (including businesses owned or controlled by

[[Page H9774]]

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

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

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

[[Page H9775]]

       ``(i) Requirements.--Registered participants in a prize 
     competition under this subsection shall be required to obtain 
     liability insurance or demonstrate financial responsibility, 
     in amounts determined by the Secretary, for claims by--

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

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

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

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

                      TITLE V--AGRICULTURE ENERGY

     SEC. 5001. TABLE OF CONTENTS.

       Title IX of the Farm Security and Rural Investment Act of 
     2002 (7 U.S.C. 8101 et seq.) is amended by inserting before 
     section 9001 the following new section:

     ``SEC. 9000. TABLE OF CONTENTS.

       ``The table of contents of this title is as follows:

                           ``TITLE IX--ENERGY

``Sec. 9000. Table of contents.
``Sec. 9001. Definitions.
``Sec. 9002. Federal procurement of biobased products.
``Sec. 9003. Biorefinery development grants; loan guarantees for 
              biorefineries and biofuel production plants.
``Sec. 9004. Biodiesel fuel education program.
``Sec. 9005. Energy audit and renewable energy development program.
``Sec. 9006. Rural energy for America program.
``Sec. 9007. Hydrogen and fuel cell technologies.
``Sec. 9008. Biomass Research and Development Act of 2000.
``Sec. 9009. Cooperative research and extension projects.
``Sec. 9010. Continuation of bioenergy program.
``Sec. 9011. Research, extension, and educational programs on biobased 
              energy technologies and products.
``Sec. 9012. Energy Council of the Department of Agriculture.
``Sec. 9013. Forest bioenergy research program.''.

     SEC. 5002. FEDERAL PROCUREMENT OF BIOBASED PRODUCTS.

       Section 9002 of the Farm Security and Rural Investment Act 
     of 2002 (7 U.S.C. 8102) is amended--
       (1) in subsection (c)(1), by inserting ``, composed of at 
     least five percent of intermediate ingredients and feedstocks 
     (such as biopolymers, methyl soyate, and soy polyols) as 
     designated by the Secretary,'' after ``highest percentage of 
     biobased products practicable'';
       (2) by striking subsection (h)(2) and inserting the 
     following:
       ``(2) Eligibility criteria.--
       ``(A) In general.--Not later than 90 days after the date of 
     the enactment of the New Direction for Energy Independence, 
     National Security, and Consumer Protection Act, the 
     Secretary, in consultation with other Federal departments and 
     agencies and with non-governmental groups with an interest in 
     biobased products, including small and large producers of 
     biobased materials and products, industry, trade 
     organizations, academia, consumer organizations, and 
     environmental organizations, shall issue criteria for 
     determining which products may qualify to receive the label 
     under paragraph (1). The criteria shall encourage the 
     purchase of products with the maximum biobased content, and 
     should, to the maximum extent possible, be consistent with 
     the guidelines issued under subsection (e).
       ``(B) Intermediate ingredients.--The criteria issued under 
     subparagraph (A) shall provide that the Secretary may 
     designate intermediate ingredients and feedstocks (such as 
     biopolymers, methyl soyate, and soy polyols) as biobased for 
     the purposes of the voluntary program established under this 
     subsection.''; and
       (3) by striking subsection (k)(2)(A) and inserting the 
     following:
       ``(A) In general.--Of the funds of the Commodity Credit 
     Corporation, the Secretary shall use $2,000,000 for each of 
     fiscal years 2008 through 2012 for bio-product testing and 
     support ongoing operations of the Designation Program, the 
     Voluntary Labeling Program, procurement program models, 
     procurement research, promotion, education, and awareness of 
     the BioPreferred Program.''.

     SEC. 5003. LOAN GUARANTEES FOR BIOREFINERIES AND BIOFUEL 
                   PRODUCTION PLANTS.

       Section 9003 of the Farm Security and Rural Investment Act 
     of 2002 (7 U.S.C. 8103) is amended--
       (1) in the section heading, by inserting ``; LOAN 
     GUARANTEES FOR BIOREFINERIES AND BIOFUEL PRODUCTION PLANTS'' 
     after ``GRANTS'';
       (2) in subsection (b)(2)(A), by striking ``and'' the 1st 
     place it appears and inserting ``or'';
       (3) in subsection (c), by redesignating subsection (h) as 
     subsection (j) and subsections (d) through (g) as subsections 
     (e) through (h), respectively, and inserting after subsection 
     (c) the following:
       ``(d) Loan Guarantees.--
       ``(1) In general.--The Secretary shall make loan guarantees 
     to eligible entities to assist in paying the cost of 
     development and construction of biorefineries and biofuel 
     production plants (including retrofitting) to carry out 
     projects to demonstrate the commercial viability of 1 or more 
     processes for converting biomass to fuels or chemicals.
       ``(2) Limitations.--
       ``(A) Maximum percentage of loan guaranteed.--A loan 
     guarantee under paragraph (1) shall be for not more than 90 
     percent of the principal and interest due on the loan.
       ``(B) Total amounts guaranteed.--The total amount of 
     principal and interest guaranteed under paragraph (1) shall 
     not exceed--
       ``(i) $600,000,000, in the case of loans valued at not more 
     than $100,000,000; or
       ``(ii) $1,000,000,000, in the case of loans valued at more 
     than $100,000,000 but not more than $250,000,000.
       ``(C) Maximum term of loan guaranteed.--The Secretary shall 
     determine the maximum term of a loan guarantee provided under 
     paragraph (1).'';
       (4) in subsection (f) (as so redesignated)--
       (A) in paragraph (1), by inserting ``and loan guarantees 
     under subsection (d)'' after ``(c)'';
       (B) in paragraph (2)(A), by inserting ``or loan guarantees 
     under subsection (d)'' after ``(c)'';
       (C) in paragraph (2)(B)--
       (i) by striking ``and'' at the end of clause (viii);
       (ii) by striking the period at the end of clause (ix) and 
     inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(x) The level of local ownership.''; and
       (D) by adding at the end the following:
       ``(3) Priority in awarding loan guarantees.--In selecting 
     projects to receive loan guarantees under subsection (d), the 
     Secretary shall give priority to projects based on the 
     criteria set forth in paragraph (2)(B) of this subsection.'';
       (5) by inserting after subsection (h) the following new 
     subsection:
       ``(i) Condition of Provision of Assistance.--As a condition 
     of receiving a grant or loan guarantee under this section, 
     the eligible entity shall ensure that all laborers and 
     mechanics employed by contractors or subcontractors in the 
     performance of construction work financed in whole or in part 
     with the grant or loan guarantee, as the case may be, 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 section 3141 through 
     3144, 3146, and 3147 of title 40, United States Code. The 
     Secretary of Labor shall have, with respect to such labor 
     standards, the authority and functions set forth in 
     Reorganization Plan Numbered 14 of 1950 (15 F. R. 3176; 64 
     Stat. 1267) and section 3145 of such title.'';
       (6) in subsection (j) (as so redesignated), by striking 
     ``2007'' and inserting ``2012''; and
       (7) by adding at the end the following new subsections:
       ``(k) Additional Funding for Loan Guarantees.--Of the funds 
     of the Commodity Credit Corporation, the Secretary shall use 
     to carry out this section--
       ``(1) $50,000,000 for fiscal year 2008;
       ``(2) $65,000,000 for fiscal year 2009;
       ``(3) $75,000,000 for fiscal year 2010;
       ``(4) $150,000,000 for fiscal year 2011; and
       ``(5) $250,000,000 for fiscal year 2012.
       ``(l) Continuation of Operations.--
       ``(1) Funding.--The Secretary shall continue to carry out 
     this section at the rate of

[[Page H9776]]

     operation in effect on September 30, 2012, from sums in the 
     Treasury not otherwise appropriated, through September 30, 
     2017.
       ``(2) Authority.--The program and authorities provided 
     under this section shall continue in force and effect through 
     September 30, 2017.''.

     SEC. 5004. BIODIESEL FUEL EDUCATION PROGRAM.

       Section 9004(d) of the Farm Security and Rural Investment 
     Act of 2002 (7 U.S.C. 8104(d)) is amended to read as follows:
       ``(d) Funding.--Of the funds of the Commodity Credit 
     Corporation, the Secretary of Agriculture shall make 
     available to carry out this section $2,000,000 for each of 
     fiscal years 2008 through 2012.''.

     SEC. 5005. ENERGY AUDIT AND RENEWABLE ENERGY DEVELOPMENT 
                   PROGRAM.

       Section 9005(i) of the Farm Security and Rural Investment 
     Act of 2002 (7 U.S.C. 8105) is amended by striking ``2007'' 
     and inserting ``2012''.

     SEC. 5006. RENEWABLE ENERGY SYSTEMS AND ENERGY EFFICIENCY 
                   IMPROVEMENTS.

       Section 9006 of the Farm Security and Rural Investment Act 
     of 2002 (7 U.S.C. 8106) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 9006. RURAL ENERGY FOR AMERICA PROGRAM.'';

       (2) in subsection (a)--
       (A) in the matter preceding paragraph (1), by inserting ``, 
     other agricultural producer'' after ``rancher'';
       (B) in paragraph (1), by striking ``and'' at the end;
       (C) in paragraph (2), by striking the period and inserting 
     ``; and''; and
       (D) by adding at the end the following new paragraph:
       ``(3) produce and sell electricity generated by new 
     renewable energy systems.'';
       (3) in subsection (b), by inserting ``, other agricultural 
     producer'' after ``rancher'';
       (4) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (B), by striking ``50 percent'' and 
     inserting ``75 percent''; and
       (ii) by redesignating subparagraph (B) as subparagraph (C) 
     and inserting after subparagraph (A) the following:
       ``(B) Loan guarantees.--
       ``(i) Maximum amount.--The amount of a loan guaranteed 
     under this section shall not exceed $25,000,000.
       ``(ii) Maximum percentage.--A loan guaranteed under this 
     section shall not exceed 75 percent of the cost of the 
     activity funded under subsection (a).''; and
       (B) by adding at the end the following new paragraph:
       ``(3) Prioritization.--The Secretary shall give the 
     greatest priority for grants under subsection (a) to 
     activities for which the least percentage of the total cost 
     of such activities is requested by the farmer, rancher, other 
     agricultural producer, or rural small business.''.
       (5) by redesignating subsection (e) as subsection (g) and 
     striking subsection (f);
       (6) by inserting after subsection (d) the following new 
     subsections:
       ``(e) Feasibility Studies.--
       ``(1) In general.--The Secretary may provide assistance to 
     a farmer, rancher, other agricultural producer, or rural 
     small business to conduct a feasibility study of a project 
     for which assistance may be provided under this section.
       ``(2) Limitation.--The Secretary shall use not more than 10 
     percent of the funds made available to carry out this section 
     to provide assistance described in paragraph (1).
       ``(3) Criteria.--The Secretary shall issue regulations 
     establishing criteria for the receipt of assistance under 
     this subsection.
       ``(4) Avoidance of duplicative assistance.--An farmer, 
     rancher, other agricultural producer, or rural small business 
     that receives assistance to carry out a feasibility study for 
     a project under this subsection shall not be eligible for 
     assistance to carry out a feasibility study for the project 
     under any other provision of law.
       ``(f) Small Activities.--
       ``(1) Limitation on use of funds.--The Secretary shall use 
     not less than 15 percent of the funds made available under 
     subsection (h) to provide grants for activities that have a 
     cost of $50,000 or less.
       ``(2) Exception.--Beginning on the first day of the third 
     quarter of a fiscal year, the limitation on the use of funds 
     under paragraph (1) shall not apply to funds made available 
     under subsection (h) for such fiscal year.''; and
       (7) by adding at the end the following new subsection:
       ``(h) Funding.--
       ``(1) In general.--Of the funds of the Commodity Credit 
     Corporation, the Secretary of Agriculture shall make 
     available to carry out this section--
       ``(A) $40,000,000 for fiscal year 2008;
       ``(B) $60,000,000 for fiscal year 2009;
       ``(C) $75,000,000 for fiscal year 2010;
       ``(D) $100,000,000 for fiscal year 2011; and
       ``(E) $150,000,000 for fiscal year 2012.
       ``(3) Continuation of operations.--
       ``(A) Funding.--The Secretary shall continue to carry out 
     this section at the rate of operation in effect on September 
     30, 2012, from sums in the Treasury not otherwise 
     appropriated, through September 30, 2017.
       ``(B) Authority.--The program and authorities provided 
     under this section shall continue in force and effect through 
     September 30, 2017.''.

     SEC. 5007. BIOMASS RESEARCH AND DEVELOPMENT ACT OF 2000.

       (a) Restatement of Act.--Section 9008 of the Farm Security 
     and Rural Investment Act of 2002 (116 Stat. 486) is amended 
     to read as follows:

     ``SEC. 9008. BIOMASS RESEARCH AND DEVELOPMENT ACT OF 2000.

       ``(a) Short Title.--This section may be cited as the 
     `Biomass Research and Development Act of 2000'.
       ``(b) Findings.--Congress finds that--
       ``(1) conversion of biomass into biobased industrial 
     products offers outstanding potential for benefit to the 
     national interest through--
       ``(A) improved strategic security and balance of payments;
       ``(B) healthier rural economies;
       ``(C) improved environmental quality;
       ``(D) near-zero net greenhouse gas emissions;
       ``(E) technology export; and
       ``(F) sustainable resource supply;
       ``(2) the key technical challenges to be overcome in order 
     for biobased industrial products to be cost-competitive are 
     finding new technology and reducing the cost of technology 
     for converting biomass into desired biobased industrial 
     products;
       ``(3) biobased fuels have the clear potential to be 
     sustainable, low cost, and high performance fuels that are 
     compatible with both current and future transportation 
     systems and provide near-zero net greenhouse gas emissions;
       ``(4) biobased chemicals have the clear potential for 
     environmentally benign product life cycles;
       ``(5) biobased power can--
       ``(A) provide environmental benefits;
       ``(B) promote rural economic development; and
       ``(C) diversify energy resource options;
       ``(6) many biomass feedstocks suitable for industrial 
     processing show the clear potential for sustainable 
     production, in some cases resulting in improved soil 
     fertility and carbon sequestration;
       ``(7)(A) grain processing mills are biorefineries that 
     produce a diversity of useful food, chemical, feed, and fuel 
     products; and
       ``(B) technologies that result in further diversification 
     of the range of value-added biobased industrial products can 
     meet a key need for the grain processing industry;
       ``(8)(A) cellulosic feedstocks are attractive because of 
     their low cost and widespread availability; and
       ``(B) research resulting in cost-effective technology to 
     overcome the recalcitrance of cellulosic biomass would allow 
     biorefineries to produce fuels and bulk chemicals on a very 
     large scale, with a commensurately large realization of the 
     benefit described in paragraph (1);
       ``(9) research into the fundamentals to understand 
     important mechanisms of biomass conversion can be expected to 
     accelerate the application and advancement of biomass 
     processing technology by--
       ``(A) increasing the confidence and speed with which new 
     technologies can be scaled up; and
       ``(B) giving rise to processing innovations based on new 
     knowledge;
       ``(10) the added utility of biobased industrial products 
     developed through improvements in processing technology would 
     encourage the design of feedstocks that would meet future 
     needs more effectively;
       ``(11) the creation of value-added biobased industrial 
     products would create new jobs in construction, 
     manufacturing, and distribution, as well as new higher-valued 
     exports of products and technology;
       ``(12)(A) because of the relatively short-term time horizon 
     characteristic of private sector investments, and because 
     many benefits of biomass processing are in the national 
     interest, it is appropriate for the Federal Government to 
     provide precommercial investment in fundamental research and 
     research-driven innovation in the biomass processing area; 
     and
       ``(B) such an investment would provide a valuable 
     complement to ongoing and past governmental support in the 
     biomass processing area; and
       ``(13) several prominent studies, including studies by the 
     President's Committee of Advisors on Science and Technology 
     and the National Research Council--
       ``(A) support the potential for large research-driven 
     advances in technologies for production of biobased 
     industrial products as well as associated benefits; and
       ``(B) document the need for a focused, integrated, and 
     innovation-driven research effort to provide the appropriate 
     progress in a timely manner.
       ``(c) Definitions.--In this section:
       ``(1) Advisory committee.--The term `Advisory Committee' 
     means the Biomass Research and Development Technical Advisory 
     Committee established by this section.
       ``(2) Biobased fuel.--The term `biobased fuel' means any 
     transportation or heating fuel produced from biomass.
       ``(3) Biobased product.--The term `biobased product' means 
     an industrial product (including chemicals, materials, and 
     polymers) produced from biomass, or a commercial or 
     industrial product (including animal feed and electric power) 
     derived in connection with the conversion of biomass to fuel.
       ``(4) Biomass.--The term `biomass' means any organic matter 
     that is available on a renewable or recurring basis, 
     including agricultural crops and trees, wood and wood

[[Page H9777]]

     wastes and residues, plants (including aquatic plants), 
     grasses, residues, fibers, and animal wastes, municipal 
     wastes, and other waste materials.
       ``(5) Board.--The term `Board' means the Biomass Research 
     and Development Board established by this section.
       ``(6) Demonstration.--The term `demonstration' means 
     demonstration of technology in a pilot plant or semi-works 
     scale facility.
       ``(7) Initiative.--The term `Initiative' means the Biomass 
     Research and Development Initiative established under this 
     section.
       ``(8) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 102(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1002(a)).
       ``(9) National laboratory.--The term `National Laboratory' 
     has the meaning given that term in section 2 of the Energy 
     Policy Act of 2005.
       ``(10) Point of contact.--The term `point of contact' means 
     a point of contact designated under this section.
       ``(d) Cooperation and Coordination in Biomass Research and 
     Development.--
       ``(1) In general.--The Secretary of Agriculture and the 
     Secretary of Energy shall cooperate with respect to, and 
     coordinate, policies and procedures that promote research and 
     development leading to the production of biobased fuels and 
     biobased products.
       ``(2) Points of contact.--
       ``(A) In general.--To coordinate research and development 
     programs and activities relating to biobased fuels and 
     biobased products that are carried out by their respective 
     Departments--
       ``(i) the Secretary of Agriculture shall designate, as the 
     point of contact for the Department of Agriculture, an 
     officer of the Department of Agriculture appointed by the 
     President to a position in the Department before the date of 
     the designation, by and with the advice and consent of the 
     Senate; and
       ``(ii) the Secretary of Energy shall designate, as the 
     point of contact for the Department of Energy, an officer of 
     the Department of Energy appointed by the President to a 
     position in the Department before the date of the 
     designation, by and with the advice and consent of the 
     Senate.
       ``(B) Duties.--The points of contact shall jointly--
       ``(i) assist in arranging interlaboratory and site-specific 
     supplemental agreements for research and development projects 
     relating to biobased fuels and biobased products;
       ``(ii) serve as cochairpersons of the Board;
       ``(iii) administer the Initiative; and
       ``(iv) respond in writing to each recommendation of the 
     Advisory Committee made under subsection (f).
       ``(e) Biomass Research and Development Board.--
       ``(1) Establishment.--There is established the Biomass 
     Research and Development Board, which shall supersede the 
     Interagency Council on Biobased Products and Bioenergy 
     established by Executive Order No. 13134, to coordinate 
     programs within and among departments and agencies of the 
     Federal Government for the purpose of promoting the use of 
     biobased fuels and biobased products by--
       ``(A) maximizing the benefits deriving from Federal grants 
     and assistance; and
       ``(B) bringing coherence to Federal strategic planning.
       ``(2) Membership.--The Board shall consist of--
       ``(A) the point of contact of the Department of Energy 
     designated under subsection (d), who shall serve as 
     cochairperson of the Board;
       ``(B) the point of contact of the Department of Agriculture 
     designated under subsection (d), who shall serve as 
     cochairperson of the Board;
       ``(C) a senior officer of each of the Department of the 
     Interior, the Environmental Protection Agency, the National 
     Science Foundation, and the Office of Science and Technology 
     Policy, each of whom shall--
       ``(i) be appointed by the head of the respective agency; 
     and
       ``(ii) have a rank that is equivalent to the rank of the 
     points of contact; and
       ``(D) at the option of the Secretary of Agriculture and the 
     Secretary of Energy, other members appointed by the 
     Secretaries (after consultation with the members described in 
     subparagraphs (A) through (C)).
       ``(3) Duties.--The Board shall--
       ``(A) coordinate research and development activities 
     relating to biobased fuels and biobased products--
       ``(i) between the Department of Agriculture and the 
     Department of Energy; and
       ``(ii) with other departments and agencies of the Federal 
     Government;
       ``(B) provide recommendations to the points of contact 
     concerning administration of this title;
       ``(C) ensure that--
       ``(i) solicitations are open and competitive with awards 
     made annually; and
       ``(ii) objectives and evaluation criteria of the 
     solicitations are clearly stated and minimally prescriptive, 
     with no areas of special interest; and
       ``(D) ensure that the panel of scientific and technical 
     peers assembled under subsection (g) to review proposals is 
     composed predominantly of independent experts selected from 
     outside the Departments of Agriculture and Energy.
       ``(4) Funding.--Each agency represented on the Board is 
     encouraged to provide funds for any purpose under this 
     section.
       ``(5) Meetings.--The Board shall meet at least quarterly to 
     enable the Board to carry out the duties of the Board under 
     paragraph (3).
       ``(f) Biomass Research and Development Technical Advisory 
     Committee.--
       ``(1) Establishment.--There is established the Biomass 
     Research and Development Technical Advisory Committee, which 
     shall supersede the Advisory Committee on Biobased Products 
     and Bioenergy established by Executive Order No. 13134--
       ``(A) to advise the Secretary of Energy, the Secretary of 
     Agriculture, and the points of contact concerning--
       ``(i) the technical focus and direction of requests for 
     proposals issued under the Initiative; and
       ``(ii) procedures for reviewing and evaluating the 
     proposals;
       ``(B) to facilitate consultations and partnerships among 
     Federal and State agencies, agricultural producers, industry, 
     consumers, the research community, and other interested 
     groups to carry out program activities relating to the 
     Initiative; and
       ``(C) to evaluate and perform strategic planning on program 
     activities relating to the Initiative.
       ``(2) Membership.--
       ``(A) In general.--The Advisory Committee shall consist 
     of--
       ``(i) an individual affiliated with the biofuels industry;
       ``(ii) an individual affiliated with the biobased 
     industrial and commercial products industry;
       ``(iii) an individual affiliated with an institution of 
     higher education who has expertise in biobased fuels and 
     biobased products;
       ``(iv) two prominent engineers or scientists from 
     government or academia who have expertise in biobased fuels 
     and biobased products;
       ``(v) an individual affiliated with a commodity trade 
     association;
       ``(vi) 2 individuals affiliated with an environmental or 
     conservation organization;
       ``(vii) an individual associated with State government who 
     has expertise in biobased fuels and biobased products;
       ``(viii) an individual with expertise in energy and 
     environmental analysis;
       ``(ix) an individual with expertise in the economics of 
     biobased fuels and biobased products;
       ``(x) an individual with expertise in agricultural 
     economics; and
       ``(xi) at the option of the points of contact, other 
     members.
       ``(B) Appointment.--The members of the Advisory Committee 
     shall be appointed by the points of contact.
       ``(3) Duties.--The Advisory Committee shall--
       ``(A) advise the points of contact with respect to the 
     Initiative; and
       ``(B) evaluate whether, and make recommendations in writing 
     to the Board to ensure that--
       ``(i) funds authorized for the Initiative are distributed 
     and used in a manner that is consistent with the objectives, 
     purposes, and considerations of the Initiative;
       ``(ii) solicitations are open and competitive with awards 
     made annually and that objectives and evaluation criteria of 
     the solicitations are clearly stated and minimally 
     prescriptive, with no areas of special interest;
       ``(iii) the points of contact are funding proposals under 
     this title that are selected on the basis of merit, as 
     determined by an independent panel of scientific and 
     technical peers predominantly from outside the Departments of 
     Agriculture and Energy; and
       ``(iv) activities under this section are carried out in 
     accordance with this section.
       ``(4) Coordination.--To avoid duplication of effort, the 
     Advisory Committee shall coordinate its activities with those 
     of other Federal advisory committees working in related 
     areas.
       ``(5) Meetings.--The Advisory Committee shall meet at least 
     quarterly to enable the Advisory Committee to carry out the 
     duties of the Advisory Committee.
       ``(6) Terms.--Members of the Advisory Committee shall be 
     appointed for a term of 3 years, except that--
       ``(A) one-third of the members initially appointed shall be 
     appointed for a term of 1 year; and
       ``(B) one-third of the members initially appointed shall be 
     appointed for a term of 2 years.
       ``(g) Biomass Research and Development Initiative.--
       ``(1) In general.--The Secretary of Agriculture and the 
     Secretary of Energy, acting through their respective points 
     of contact and in consultation with the Board, shall 
     establish and carry out a Biomass Research and Development 
     Initiative under which competitively awarded grants, 
     contracts, and financial assistance are provided to, or 
     entered into with, eligible entities to carry out research 
     on, and development and demonstration of, biobased fuels and 
     biobased products, and the methods, practices and 
     technologies, for their production.
       ``(2) Objectives.--The objectives of the Initiative are to 
     develop--
       ``(A) technologies and processes necessary for abundant 
     commercial production of biobased fuels at prices competitive 
     with fossil fuels;
       ``(B) high-value biobased products--

[[Page H9778]]

       ``(i) to enhance the economic viability of biobased fuels 
     and power; and
       ``(ii) as substitutes for petroleum-based feedstocks and 
     products; and
       ``(C) a diversity of sustainable domestic sources of 
     biomass for conversion to biobased fuels and biobased 
     products.
       ``(3) Purposes.--The purposes of the Initiative are--
       ``(A) to increase the energy security of the United States;
       ``(B) to create jobs and enhance the economic development 
     of the rural economy;
       ``(C) to enhance the environment and public health; and
       ``(D) to diversify markets for raw agricultural and 
     forestry products.
       ``(4) Technical areas.--To advance the objectives and 
     purposes of the Initiative, the Secretary of Agriculture and 
     the Secretary of Energy, in consultation with the 
     Administrator of the Environmental Protection Agency and 
     heads of other appropriate departments and agencies (referred 
     to in this subsection as the `Secretaries'), shall direct 
     research and development toward--
       ``(A) feedstock production through the development of crops 
     and cropping systems relevant to production of raw materials 
     for conversion to biobased fuels and biobased products, 
     including--
       ``(i) development of advanced and dedicated crops with 
     desired features, including enhanced productivity, broader 
     site range, low requirements for chemical inputs, and 
     enhanced processing;
       ``(ii) advanced crop production methods to achieve the 
     features described in clause (i);
       ``(iii) feedstock harvest, handling, transport, and 
     storage; and
       ``(iv) strategies for integrating feedstock production into 
     existing managed land;
       ``(B) overcoming recalcitrance of cellulosic biomass 
     through developing technologies for converting cellulosic 
     biomass into intermediates that can subsequently be converted 
     into biobased fuels and biobased products, including--
       ``(i) pretreatment in combination with enzymatic or 
     microbial hydrolysis; and
       ``(ii) thermochemical approaches, including gasification 
     and pyrolysis;
       ``(C) product diversification through technologies relevant 
     to production of a range of biobased products (including 
     chemicals, animal feeds, and cogenerated power) that 
     eventually can increase the feasibility of fuel production in 
     a biorefinery, including--
       ``(i) catalytic processing, including thermochemical fuel 
     production;
       ``(ii) metabolic engineering, enzyme engineering, and 
     fermentation systems for biological production of desired 
     products or cogeneration of power;
       ``(iii) product recovery;
       ``(iv) power production technologies; and
       ``(v) integration into existing biomass processing 
     facilities, including starch ethanol plants, sugar processing 
     or refining plants, paper mills, and power plants; and
       ``(D) analysis that provides strategic guidance for the 
     application of biomass technologies in accordance with 
     realization of improved sustainability and environmental 
     quality, cost effectiveness, security, and rural economic 
     development, usually featuring system-wide approaches.
       ``(5) Additional considerations.--Within the technical 
     areas described in paragraph (4), and in addition to 
     advancing the purposes described in paragraph (3) and the 
     objectives described in paragraph (2), the Secretaries shall 
     support research and development--
       ``(A) to create continuously expanding opportunities for 
     participants in existing biofuels production by seeking 
     synergies and continuity with current technologies and 
     practices, such as the use of dried distillers grains as a 
     bridge feedstock;
       ``(B) to maximize the environmental, economic, and social 
     benefits of production of biobased fuels and biobased 
     products on a large scale through life-cycle economic and 
     environmental analysis and other means; and
       ``(C) to assess the potential of Federal land and land 
     management programs as feedstock resources for biobased fuels 
     and biobased products, consistent with the integrity of soil 
     and water resources and with other environmental 
     considerations.
       ``(6) Eligible entities.--To be eligible for a grant, 
     contract, or assistance under this subsection, an applicant 
     shall be--
       ``(A) an institution of higher education;
       ``(B) a National Laboratory;
       ``(C) a Federal research agency;
       ``(D) a State research agency;
       ``(E) a private sector entity;
       ``(F) a nonprofit organization; or
       ``(G) a consortium of two or more entities described in 
     subparagraphs (A) through (F).
       ``(7) Administration.--
       ``(A) In general.--After consultation with the Board, the 
     points of contact shall--
       ``(i) publish annually one or more joint requests for 
     proposals for grants, contracts, and assistance under this 
     subsection;
       ``(ii) require that grants, contracts, and assistance under 
     this section be awarded competitively, on the basis of merit, 
     after the establishment of procedures that provide for 
     scientific peer review by an independent panel of scientific 
     and technical peers; and
       ``(iii) give some preference to applications that--

       ``(I) involve a consortia of experts from multiple 
     institutions;
       ``(II) encourage the integration of disciplines and 
     application of the best technical resources; and
       ``(III) increase the geographic diversity of demonstration 
     projects.

       ``(B) Distribution of funding by technical area.--Of the 
     funds authorized to be appropriated for activities described 
     in this subsection, funds shall be distributed for each of 
     fiscal years 2007 through 2012 so as to achieve an 
     approximate distribution of--
       ``(i) 20 percent of the funds to carry out activities for 
     feedstock production under paragraph (4)(A);
       ``(ii) 45 percent of the funds to carry out activities for 
     overcoming recalcitrance of cellulosic biomass under 
     paragraph (4)(B);
       ``(iii) 30 percent of the funds to carry out activities for 
     product diversification under paragraph (4)(C); and
       ``(iv) 5 percent of the funds to carry out activities for 
     strategic guidance under paragraph (4)(D).
       ``(C) Distribution of funding within each technical area.--
     Within each technical area described in subparagraphs (A) 
     through (C) of paragraph (4), funds shall be distributed for 
     each of fiscal years 2007 through 2012 so as to achieve an 
     approximate distribution of--
       ``(i) 15 percent of the funds for applied fundamentals;
       ``(ii) 35 percent of the funds for innovation; and
       ``(iii) 50 percent of the funds for demonstration.
       ``(D) Matching funds.--
       ``(i) In general.--A minimum 20 percent funding match shall 
     be required for demonstration projects under this section.
       ``(ii) Commercial applications.--A minimum of 50 percent 
     funding match shall be required for commercial application 
     projects under this section.
       ``(E) Technology and information transfer to agricultural 
     users.--The Administrator of the Cooperative State Research, 
     Education, and Extension Service and the Chief of the Natural 
     Resources Conservation Service shall ensure that applicable 
     research results and technologies from the Initiative are 
     adapted, made available, and disseminated through those 
     services, as appropriate.
       ``(h) Administrative Support and Funds.--
       ``(1) In general.--To the extent administrative support and 
     funds are not provided by other agencies under paragraph 
     (2)(b), the Secretary of Energy and the Secretary of 
     Agriculture may provide such administrative support and funds 
     of the Department of Energy and the Department of Agriculture 
     to the Board and the Advisory Committee as are necessary to 
     enable the Board and the Advisory Committee to carry out 
     their duties under this section.
       ``(2) Other agencies.--The heads of the agencies referred 
     to in subsection (e)(2)(C), and the other members appointed 
     under subsection (e)(2)(D), may, and are encouraged to, 
     provide administrative support and funds of their respective 
     agencies to the Board and the Advisory Committee.
       ``(3) Limitation.--Not more than 4 percent of the amount 
     appropriated for each fiscal year under subsection (g)(6) may 
     be used to pay the administrative costs of carrying out this 
     section.
       ``(i) Reports.--
       ``(1) Annual reports.--For each fiscal year for which funds 
     are made available to carry out this section, the Secretary 
     of Energy and the Secretary of Agriculture shall jointly 
     submit to Congress a detailed report on--
       ``(A) the status and progress of the Initiative, including 
     a report from the Advisory Committee on whether funds 
     appropriated for the Initiative have been distributed and 
     used in a manner that--
       ``(i) is consistent with the objectives, purposes, and 
     additional considerations described in paragraphs (2) through 
     (5) of subsection (g);
       ``(ii) uses the set of criteria established in the initial 
     report submitted under title III of the Agricultural Risk 
     Protection Act of 2000;
       ``(iii) achieves the distribution of funds described in 
     subparagraphs (B) and (C) of subsection (g)(7); and
       ``(iv) takes into account any recommendations that have 
     been made by the Advisory Committee;
       ``(B) the general status of cooperation and research and 
     development efforts carried out at each agency with respect 
     to biobased fuels and biobased products, including a report 
     from the Advisory Committee on whether the points of contact 
     are funding proposals that are selected under subsection 
     (g)(3)(B)(iii); and
       ``(C) the plans of the Secretary of Energy and the 
     Secretary of Agriculture for addressing concerns raised in 
     the report, including concerns raised by the Advisory 
     Committee.
       ``(2) Updates.--The Secretary and the Secretary of Energy 
     shall update the Vision and Roadmap documents prepared for 
     Federal biomass research and development activities.
       ``(j) Funding.--
       ``(1) In general.--Of the funds of the Commodity Credit 
     Corporation, the Secretary of Agriculture shall make 
     available to carry out this section--
       ``(A) $18,000,000 for fiscal year 2008;
       ``(B) $28,000,000 for fiscal year 2009;
       ``(C) $40,000,000 for fiscal year 2010;
       ``(D) $50,000,000 for fiscal year 2011; and
       ``(E) $100,000,000 for fiscal year 2012.
       ``(2) Continuation of operations.--
       ``(A) Funding.--The Secretary shall continue to carry out 
     this section at the rate of operation in effect on September 
     30, 2012, from sums in the Treasury not otherwise 
     appropriated, through September 30, 2017.

[[Page H9779]]

       ``(B) Authority.--The program and authorities provided 
     under this section shall continue in force and effect through 
     September 30, 2017.''.

     SEC. 5008. ADJUSTMENTS TO THE BIOENERGY PROGRAM.

       Section 9010 of the Farm Security and Rural Investment Act 
     of 2002 (7 U.S.C. 8108) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``and'';
       (ii) in subparagraph (B), by striking the final period and 
     inserting a semicolon; and
       (iii) by adding at the end the following new subparagraphs:
       ``(C) production of heat and power at a biofuels plant;
       ``(D) biomass gasification;
       ``(E) hydrogen made from cellulosic commodities for fuel 
     cells;
       ``(F) renewable diesel; and
       ``(G) such other items as the Secretary considers 
     appropriate.'';
       (B) by striking paragraph (3) and inserting the following:
       ``(3) Eligible feedstock.--
       ``(A) In general.--The term `eligible feedstock' means--
       ``(i) any plant material grown or collected for the purpose 
     of being converted to energy (including aquatic plants);
       ``(ii) any organic byproduct or residue from agriculture 
     and forestry, including mill residues and pulping residues 
     that can be converted into energy;
       ``(iii) any waste material that can be converted to energy 
     and is derived from plant material, including--

       ``(I) wood waste and residue;
       ``(II) specialty crop waste, including waste derived from 
     orchard trees, vineyard crops, and nut crops; or
       ``(III) other fruit and vegetable byproducts or residues; 
     or

       ``(iv) animal waste and byproducts.
       ``(B) Exclusion.--The term `eligible feedstock' does not 
     include corn starch.'';
       (C) in paragraph (4), by striking ``an eligible commodity'' 
     and inserting ``eligible feedstock''; and
       (D) by adding at the end the following new paragraph:
       ``(5) Renewable diesel.--The term `renewable diesel' means 
     any type of biobased renewable fuel derived from plant or 
     animal matter that may be used as a substitute for standard 
     diesel fuel and meets the requirements of an appropriate 
     American Society for Testing and Material standard. Such term 
     does not include any fuel derived from coprocessing an 
     eligible feedstock with a feedstock that is not biomass.'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``The Secretary shall continue'' and all 
     that follows through ``the Secretary makes'' and inserting 
     ``The Secretary shall make''; and
       (ii) by striking ``eligible commodities'' and inserting 
     ``eligible feedstock'';
       (B) in paragraph (2)(B), by striking ``eligible 
     commodities'' and inserting ``eligible feedstock'';
       (C) in paragraph (3), by striking subparagraphs (B) and (C) 
     and inserting the following:
       ``(B) Priority.--In making payments under this paragraph, 
     the Secretary shall give priority to contracts by considering 
     the factors referred to in section 9003(e)(2)(B).''; and
       (D) by striking paragraph (6) and inserting the following:
       ``(6) Limitation.--The Secretary may limit the amount of 
     payments that may be received by an eligible producer under 
     this section as the Secretary considers appropriate.''; and
       (3) by striking subsection (c) and inserting the following:
       ``(c) Funding.--
       ``(1) In general.--Of the funds of the Commodity Credit 
     Corporation, the Secretary of Agriculture shall use to carry 
     out this section--
       ``(A) $150,000,000 for fiscal year 2008;
       ``(B) $150,000,000 for fiscal year 2009;
       ``(C) $170,000,000 for fiscal year 2010;
       ``(D) $180,000,000 for fiscal year 2011; and
       ``(E) $286,000,000 for fiscal year 2012.
       ``(2) Continuation of operations.--
       ``(A) Funding.--The Secretary shall continue to carry out 
     this section at the rate of operation in effect on September 
     30, 2012, from sums in the Treasury not otherwise 
     appropriated, through September 30, 2017.
       ``(B) Authority.--The program and authorities provided 
     under this section shall continue in force and effect through 
     September 30, 2017.''.

     SEC. 5009. RESEARCH, EXTENSION, AND EDUCATIONAL PROGRAMS ON 
                   BIOBASED ENERGY TECHNOLOGIES AND PRODUCTS.

       Section 9011(j)(1)(C) of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 8109(j)(1)(C)) is amended by 
     striking ``2010'' and inserting ``2012''.

     SEC. 5010. ENERGY COUNCIL OF THE DEPARTMENT OF AGRICULTURE.

       Title IX of the Farm Security and Rural Investment Act of 
     2002 (7 U.S.C. 8101 et seq.) is further amended by adding at 
     the end the following new section:

     ``SEC. 9012. ENERGY COUNCIL OF THE DEPARTMENT OF AGRICULTURE.

       ``(a) In General.--The Secretary of Agriculture shall 
     establish an energy council in the Office of the Secretary 
     (in this section referred to as the `Council') to coordinate 
     the energy policy of the Department of Agriculture and 
     consult with other departments and agencies of the Federal 
     Government.
       ``(b) Membership.--
       ``(1) In general.--The Secretary shall appoint the members 
     of the Council from among the staff of the agencies and 
     mission areas of the Department of Agriculture with 
     responsibilities relating to energy programs or policies.
       ``(2) Chair.--The chief economist and the Under Secretary 
     for Rural Development of the Department of Agriculture shall 
     serve as the Chairs of the Council.
       ``(c) Duties of Office of Energy Policy and New Uses.--The 
     Office of Energy Policy and New Uses of the Department of 
     Agriculture shall support the activities of the Council.''.

     SEC. 5011. FOREST BIOENERGY RESEARCH PROGRAM.

       Title IX of the Farm Security and Rural Investment Act of 
     2002 (7 U.S.C. 8101 et seq.) is further amended by adding at 
     the end the following new section:

     ``SEC. 9013. FOREST BIOENERGY RESEARCH PROGRAM.

       ``(a) In General.--The Secretary of Agriculture, working 
     through the Forest Service, in cooperation with other Federal 
     agencies, land grant colleges and universities, and private 
     entities, shall conduct a competitive research and 
     development program to encourage new forest-to-energy 
     technologies. The Secretary may use grants, cooperative 
     agreements, and other methods to partner with cooperating 
     entities on projects that the Secretary determines shall best 
     promote new forest-to-energy technologies.
       ``(b) Priority for Project Selection.--The Secretary shall 
     give priority to projects that--
       ``(1) develop technology and techniques to use low value 
     forest materials, such as byproducts of forest health 
     treatments and hazardous fuel reduction, for the production 
     of energy;
       ``(2) develop processes for the conversion of cellulosic 
     forest materials that integrate production of energy into 
     existing manufacturing steams or in integrated forest 
     biorefineries;
       ``(3) develop new transportation fuels that use forest 
     materials as a feedstock for the production of such fuels; or
       ``(4) improve the of growth and yield of trees for the 
     purpose of renewable energy and other forest product use.
       ``(c) Funding.--Of the funds of the Commodity Credit 
     Corporation, the Secretary of Agriculture shall make 
     available to carry out this section--
       ``(1) $4,000,000 for fiscal year 2008;
       ``(2) $6,000,000 for fiscal year 2009;
       ``(3) $7,000,000 for fiscal year 2010;
       ``(4) $9,000,000 for fiscal year 2011; and
       ``(5) $10,000,000 for fiscal year 2012.''.

     SEC. 5012. FEEDSTOCK FLEXIBILITY PROGRAM FOR BIOENERGY 
                   PRODUCERS.

       Title IX of the Farm Security and Rural Investment Act of 
     2002 (7 U.S.C. 8101 et seq.) is further amended by adding at 
     the end the following new section:

     ``SEC. 9014. FEEDSTOCK FLEXIBILITY PROGRAM FOR BIOENERGY 
                   PRODUCERS.

       ``(a) Definitions.--In this section:
       ``(1) Bioenergy.--The term `bioenergy' means fuel grade 
     ethanol and other biofuel.
       ``(2) Bioenergy producer.--The term `bioenergy producer' 
     means a producer of bioenergy that uses an eligible commodity 
     to produce bioenergy under this section.
       ``(3) Eligible commodity.--The term `eligible commodity' 
     means a form of raw or refined sugar or in-process sugar that 
     is eligible to be marketed in the United States for human 
     consumption or to be used for the extraction of sugar for 
     human consumption.
       ``(4) Eligible entity.--The term `eligible entity' means an 
     entity located in the United States that markets an eligible 
     commodity in the United States.
       ``(b) Feedstock Flexibility Program.--
       ``(1) In general.--
       ``(A) Purchases and sales.--For each of fiscal years 2008 
     through 2012, the Secretary shall purchase eligible 
     commodities from eligible entities and sell such commodities 
     to bioenergy producers for the purpose of producing bioenergy 
     in a manner that ensures that 156 of the Federal Agricultural 
     Improvement and Reform Act (7 U.S.C. 7272) is operated at no 
     cost to the Federal Government by avoiding forfeitures to the 
     Commodity Credit Corporation.
       ``(B) Competitive procedures.--In carrying out the 
     purchases and sales required under subparagraph (A), the 
     Secretary shall, to the maximum extent practicable, use 
     competitive procedures, including the receiving, offering, 
     and accepting of bids, when entering into contracts with 
     eligible entities and bioenergy producers, provided that such 
     procedures are consistent with the purposes of subparagraph 
     (A).
       ``(C) Limitation.--The purchase and sale of eligible 
     commodities under subparagraph (A) shall only be made in 
     fiscal years in which such purchases and sales are necessary 
     to ensure that the program authorized under section 156 of 
     the Federal Agriculture Improvement and Reform Act (7 U.S.C. 
     7272) is operated at no cost to the Federal Government by 
     avoiding forfeitures to the Commodity Credit Corporation.
       ``(2) Notice.--
       ``(A) In general.--Not later than September 1, 2007, and 
     each September 1 thereafter through fiscal year 2011, the 
     Secretary shall provide notice to eligible entities and 
     bioenergy producers of the quantity of eligible commodities 
     that shall be made available

[[Page H9780]]

     for purchase and sale for the subsequent fiscal year under 
     this section.
       ``(B) Reestimates.--Not later than the first day of each of 
     the second through fourth quarters of each of fiscal years 
     2008 through 2012, the Secretary shall reestimate the 
     quantity of eligible commodities determined under 
     subparagraph (A), and provide notice and make purchases and 
     sales based on such reestimates.
       ``(3) Commodity credit corporation inventory.--To the 
     extent that an eligible commodity is owned and held in 
     inventory by the Commodity Credit Corporation (accumulated 
     pursuant to the program authorized under section 156 of the 
     Federal Agriculture Improvement and Reform Act (7 U.S.C. 
     7272)), the Secretary shall sell such commodity to bioenergy 
     producers under this section.
       ``(4) Transfer rule; storage fees.--
       ``(A) General transfer rule.--Except as provided in 
     subparagraph (C), the Secretary shall ensure that bioenergy 
     producers that purchase eligible commodities pursuant to this 
     subsection take possession of such commodities within 30 
     calendar days of the date of such purchase from the Commodity 
     Credit Corporation.
       ``(B) Payment of storage fees prohibited.--
       ``(i) In general.--The Secretary shall, to the greatest 
     extent practicable, carry out this subsection in a manner 
     that ensures no storage fees are paid by the Commodity Credit 
     Corporation in the administration of this subsection.
       ``(ii) Exception.--Clause (i) shall not apply with respect 
     to any commodities owned and held in inventory by the 
     Commodity Credit Corporation (accumulated pursuant to the 
     program authorized under section 156 of the Federal 
     Agriculture Improvement and Reform Act (7 U.S.C. 7272)).
       ``(C) Option to prevent storage fees.--
       ``(i) In general.--The Secretary may enter into contracts 
     with bioenergy producers to sell eligible commodities to such 
     producers prior in time to entering into contracts with 
     eligible entities to purchase such commodities to be used to 
     satisfy the contracts entered into with the bioenergy 
     producers.
       ``(ii) Special transfer rule.--If the Secretary makes a 
     sale and purchase referred to in clause (i), the Secretary 
     shall ensure that the bioenergy producer that purchased 
     eligible commodities takes possession of such commodities 
     within 30 calendar days of the date the Commodity Credit 
     Corporation purchases such commodities.
       ``(5) Relation to other laws.--If sugar that is subject to 
     a marketing allotment under part VII of subtitle B of title 
     III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 
     1359aa et seq.) is the subject of a payment under this 
     section, such sugar shall be considered marketed and shall 
     count against a processor's allocation of an allotment under 
     such part, as applicable.
       ``(6) Funding.--The Secretary shall use the funds, 
     facilities, and authorities of the Commodity Credit 
     Corporation, including the use of such sums as are necessary, 
     to carry out this section.''.

                  TITLE VI--CARBON-NEUTRAL GOVERNMENT

     SEC. 6001. SHORT TITLE.

       This title may be cited as the ``Carbon-Neutral Government 
     Act of 2007''.

     SEC. 6002. FINDINGS.

       The Congress finds the following:
       (1) The harms associated with global warming are serious 
     and well recognized. These include the global retreat of 
     mountain glaciers, reduction in snow cover extent, the 
     earlier spring melting of rivers and lakes, the accelerated 
     rate of rise of sea levels during the 20th century relative 
     to the past few thousand years, and increased intensity of 
     hurricanes and typhoons.
       (2) The risks associated with a global mean surface 
     temperature increase above 2 C (3.6 F) above preindustrial 
     temperature are grave. According to the Intergovernmental 
     Panel on Climate Change, such temperature increases would 
     increase the severity of ongoing alterations of terrestrial 
     and marine environments, with potentially catastrophic 
     results. Ongoing and projected effects include more prevalent 
     droughts in dry regions, an increase in the spread of 
     disease, a significant reduction in water storage in winter 
     snowpack in mountainous regions with direct and important 
     economic consequences, a precipitous rise in sea levels by 
     the end of the century, the potential devastation of coastal 
     communities, severe and irreversible changes to natural 
     ecosystems such as the bleaching and destruction of much of 
     the world's coral, and the potential extinction of 30 percent 
     of all living species.
       (3) That these climate change effects and risks of future 
     effects are widely shared does not minimize the adverse 
     affects individual persons have suffered, will suffer, and 
     are at risk of suffering because of global warming.
       (4) That some of the adverse and potentially catastrophic 
     effects of global warming are presently at risk of occurring 
     and not a certainty does not negate the harm persons suffer 
     from actions that increase the likelihood, extent, and 
     severity of such future impacts.
       (5) To preserve the ability to stabilize atmospheric 
     greenhouse gas concentrations at levels likely to protect 
     against a temperature rise above 2 C (3.6 F) and maintain 
     the likelihood of avoiding catastrophic global warming will 
     require reductions of greenhouse gas emissions of 50 percent 
     to 85 percent globally.
       (6) Achieving such reductions will require a multitude of 
     actions across the global economy that may each address a 
     relatively minute quantity of emissions, but will be 
     cumulatively significant.
       (7) With only 5 percent of the world population, the United 
     States emits approximately 20 percent of the world's total 
     greenhouse gas emissions, and must be a leader in addressing 
     global warming.
       (8) The United States Government is the largest energy 
     consumer in the United States and is responsible for roughly 
     100,000,000 metric tons of CO2-equivalent emissions annually.
       (9) A reduction in greenhouse gas emissions by Federal 
     agencies would slow the increase of global emissions, thereby 
     slowing the increase of global warming and the exacerbation 
     of the risks associated with global warming. In addition, 
     Federal action would accelerate the pace of development and 
     adoption of technologies that will be critical to addressing 
     global warming in the United States and worldwide.
       (10) A failure by any Federal agency to comply with the 
     provisions of this title requiring reductions in its 
     greenhouse gas emissions would exacerbate the pace, extent, 
     and risks of global warming, causing harms beyond what would 
     otherwise occur. The incremental emissions from a Federal 
     agency's failure to comply with this title create a harm, 
     which is the incremental exacerbation of the adverse effects 
     and risks of global warming. Although the emissions 
     increments involved could be relatively small, such a failure 
     allowing incrementally greater emissions would injure all 
     United States citizens.
       (11) Improved management of Government operations, 
     including acquisitions and procurement and operation of 
     Government facilities, can maximize the use of existing 
     energy efficiency and renewable energy technologies to reduce 
     global warming pollution, while saving taxpayers' money, 
     reducing our dependence on oil, enhancing national security, 
     cleaning the air, and protecting pristine places from 
     drilling and mining.
       (12) Enhancing the accountability and transparency of 
     Government operations through setting milestones for agency 
     activities, planning, measuring results, tracking results 
     over time, and public reporting can improve Government 
     management and make Government operations more efficient and 
     cost effective.

 Subtitle A--Federal Government Inventory and Management of Greenhouse 
                             Gas Emissions

     SEC. 6101. INVENTORY OF FEDERAL GOVERNMENT GREENHOUSE GAS 
                   EMISSIONS.

       (a) In General.--Each agency shall, in accordance with the 
     guidance issued under subsection (b), annually inventory and 
     report its greenhouse gas emissions for the preceding fiscal 
     year. Each such inventory and report shall indicate as 
     discrete categories--
       (1) any direct emission of greenhouse gas as a result of an 
     activity of the agency;
       (2) the quantity of indirect emissions of greenhouse gases 
     attributable to the generation of electricity used by the 
     agency and commercial air travel by agency personnel; and
       (3) the quantity of emissions of greenhouse gases 
     associated with the work performed for the agency by Federal 
     contractors, comprising direct emissions and indirect 
     emissions associated with electricity used by, and commercial 
     air travel by, such contractors.
       (b) Guidance; Assistance.--Not later than 3 months after 
     the date of the enactment of this Act, the Administrator 
     shall issue guidance for agencies for conducting inventories 
     under this section and reporting under section 6102. Such 
     guidance shall establish inventory and reporting procedures 
     that are at least as rigorous as the inventory procedures 
     established under the Environmental Protection Agency's 
     Climate Leaders program and shall define the scope of the 
     inventories of direct emissions described in subsection 
     (a)(1) to be complete and consistent with the national 
     obligation for reporting inventories under the United Nations 
     Framework Convention on Climate Change. The Administrator 
     shall provide assistance to agencies in preparing their 
     inventories.
       (c) Initial Inventory by Agencies.--
       (1) Submission.--Not later than 1 year after the date of 
     the enactment of this Act, each agency shall submit to the 
     Administrator and make publicly available on the agency's 
     website an initial inventory of the agency's greenhouse gas 
     emissions for the preceding fiscal year.
       (2) Certification.--Not later than 6 months after an agency 
     submits an initial inventory under paragraph (1), the 
     Administrator shall review the inventory for compliance with 
     the guidance issued under subsection (b) and--
       (A) certify that the inventory is technically valid; or
       (B) decline to certify the inventory and provide an 
     explanation of the actions or revisions that are necessary 
     for the inventory to be certified under subparagraph (A).
       (3) Revision.--If the Administrator declines to certify the 
     inventory of an agency under paragraph (2)(B), the agency 
     shall submit to the Administrator and make publicly available 
     on the agency's website a revised inventory not later than 6 
     months after the date on which the Administrator provides the 
     agency with the explanation required by such paragraph.
       (d) Net Greenhouse Gases From Federal Lands.--Beginning not 
     later than 2 years

[[Page H9781]]

     after the date of enactment of this Act, the Secretary of the 
     Interior and the Secretary of Agriculture shall include as a 
     discrete category in any inventory under this section the net 
     biological sequestration or emission of greenhouse gases 
     related to human activities and associated with land managed 
     by the Bureau of Land Management or the Forest Service. In 
     developing such estimates of the net biological sequestration 
     or emission of greenhouse gases, the Secretary of the 
     Interior and the Secretary of Agriculture shall take into 
     consideration the results of any available related 
     assessments performed by the Secretary of the Interior. Such 
     net biological sequestration or emissions of greenhouse gases 
     shall not be considered for the purposes of setting or 
     measuring progress toward targets under section 6102. For the 
     purposes of this subsection, the net biological sequestration 
     or emission of greenhouse gases refers to the net 
     sequestration or emissions associated with uptake and release 
     of greenhouse gases from soil, vegetation, and dead organic 
     matter.

     SEC. 6102. MANAGEMENT OF FEDERAL GOVERNMENT GREENHOUSE GAS 
                   EMISSIONS.

       (a) Emission Reduction Targets.--Not later than 18 months 
     after the date of the enactment of this Act, the 
     Administrator shall promulgate annual reduction targets for 
     the total quantity of greenhouse gas emissions described in 
     section 6101(a), expressed as carbon dioxide equivalents, of 
     all agencies, taken collectively, for each of fiscal years 
     2010 through 2050.
       (b) Goals.--The targets promulgated under subsection (a) 
     shall be calculated so as--
       (1) to prevent the total quantity of greenhouse gas 
     emissions of all agencies in fiscal year 2011 and each 
     subsequent fiscal year from exceeding the total quantity of 
     such emissions in fiscal year 2010; and
       (2) to reduce such greenhouse gas emissions as rapidly as 
     possible, but at a minimum by a quantity equal to 2 percent 
     of projected fiscal year 2010 emissions each fiscal year, so 
     as to achieve zero net annual greenhouse gas emissions from 
     the agencies by fiscal year 2050.
       (c) Proportionate Share.--Each agency shall limit the 
     quantity of its greenhouse gas emissions described in section 
     6101(a) to its proportionate share so as to enable the 
     agencies to achieve the targets promulgated under subsection 
     (a). The Administrator shall promulgate annual reduction 
     targets to be met by each agency to comply with this 
     subsection, after consultation with the agencies and taking 
     into account changes in agency size, structure, and mission 
     over time.
       (d) Agency Plans for Managing Emissions.--
       (1) Submission.--Not later than 2 years after the date of 
     the enactment of this Act, each agency shall develop, submit 
     to the Administrator, and make publicly available on the 
     agency's website a plan for achieving the annual reduction 
     targets applicable to such agency under this section through 
     fiscal year 2020. Not later than 2 years before the 10-year 
     period beginning in 2021 and each subsequent 10-year period, 
     the agency shall develop, submit to the Administrator, and 
     make publicly available an updated plan for achieving such 
     targets for the respective period. Each plan developed under 
     this paragraph shall--
       (A) identify the specific actions to be taken by the 
     agency; and
       (B) estimate the quantity of reductions of greenhouse gas 
     emissions to be achieved through each such action.
       (2) Certification.--Not later than 6 months after an agency 
     submits a plan under paragraph (1), the Administrator shall--
       (A) certify that the plan is technically sound and, if 
     implemented, is expected to limit the quantity of the 
     agency's greenhouse gas emissions to its proportionate share 
     under subsection (c); or
       (B) decline to certify the plan and provide an explanation 
     of the revisions that are necessary for the plan to be 
     certified under subparagraph (A).
       (3) Revision.--If the Administrator declines to certify the 
     plan of an agency under paragraph (2), the agency shall 
     submit to the Administrator and make publicly available on 
     the agency's website a revised plan not later than 6 months 
     after the date on which the Administrator provides the agency 
     with the explanation required by paragraph (2)(B).
       (e) Emissions Management.--
       (1) Requirement.--Each agency shall implement each 
     provision in its plan under subsection (d) to manage its 
     greenhouse gas emissions to meet the annual reduction targets 
     applicable to such agency under this section. If--
       (A) an agency has met its applicable reduction target for 
     the most recent year; and
       (B) the agency demonstrates that it is projected to meet 
     such targets for future years without implementing a 
     provision or provisions included in its plan,

     the agency may revise its plan, subject to subsection (d)(2), 
     to defer implementation of such plan provisions until the 
     date that implementation is needed to meet the agency's 
     applicable targets.
       (2) Revision of plan.--If any agency fails to meet such 
     targets for a fiscal year, as indicated by the inventory and 
     report prepared by the agency for such fiscal year, the 
     agency shall submit to the Administrator and make publicly 
     available on the agency's website a revised plan under 
     subsection (d) not later than March 31 of the following 
     fiscal year. The Administrator shall certify or decline to 
     certify the revised plan in accordance with subsection (d)(2) 
     not later than 3 months after receipt of the revised plan.
       (3) Offsets.--
       (A) Proposal.--If no national mandatory economy-wide cap-
     and-trade program for greenhouse gases has been enacted by 
     fiscal year 2010, the Administrator shall develop and submit 
     to the Congress by 2011 a proposal to allow agencies to meet 
     the annual reduction targets applicable to such agencies 
     under this section in part through emissions offsets, 
     beginning in fiscal year 2015.
       (B) Contents.--The proposal developed under subparagraph 
     (A) shall ensure that emissions offsets are--
       (i) real, surplus, verifiable, permanent, and enforceable; 
     and
       (ii) additional for both regulatory and financial purposes 
     (such that the generator of the offset is not receiving 
     credit or compensation for the offset in another regulatory 
     or market context).
       (C) Rulemaking.--If by 2012 the Congress has not enacted a 
     statute for the express purpose of codifying the proposal 
     developed under subparagraph (A) or an alternative to such 
     proposal, the Administrator shall implement the proposal 
     through rulemaking.
       (4) Exemptions.--The President may exempt an agency from 
     complying with the emissions target established for that year 
     under subsection (c) if the President determines it to be in 
     the paramount interest of the United States to do so. The 
     agency shall, to the greatest extent practicable, continue to 
     implement the provisions in the agency's plan. Any exemption 
     shall be for a period not in excess of one year, but 
     additional exemptions may be granted for periods of not more 
     than one year upon the President's making a new 
     determination.
       (f) Studies on Federal Lands.--The Forest Service, the 
     Bureau of Land Management, the National Park Service, and the 
     United States Fish and Wildlife Service shall--
       (1) within 3 years after the date of the enactment of this 
     Act, conduct studies of the opportunities for management 
     strategies, and identify those management strategies with the 
     greatest potential, to--
       (A) enhance net biological sequestration of greenhouse 
     gases on Federal lands they manage while avoiding harmful 
     effects on other environmental values; and
       (B) reduce negative impacts of global warming on 
     biodiversity, water supplies, forest health, biological 
     sequestration and storage, and related values;
       (2) within 4 years after the date of the enactment of this 
     Act, study the results that could be achieved through 
     applying management strategies identified as having the 
     greatest potential to achieve the benefits described in 
     paragraph (1) by implementing field experiments on discrete 
     portions of selected land management units in different parts 
     of the Nation to test such strategies; and
       (3) report to the Congress on the results of the studies.
       (g) Study on Urban and Wildland-Urban Forestry Programs.--
     Within 2 years of the date of enactment of this Act, the 
     Forest Service, in consultation with appropriate State and 
     local agencies, shall conduct a study of the opportunities of 
     urban and wildland-urban interface forestry programs to 
     enhance net biological sequestration of greenhouse gases and 
     achieve other benefits.
       (h) Reporting.--
       (1) Reports by agencies.--Not later than December 31 each 
     fiscal year, each agency shall submit to the Administrator 
     and make publicly available on the agency's website a report 
     on the agency's implementation of its plan required by 
     subsection (d) for the preceding fiscal year, including the 
     inventory of greenhouse gas emissions of the agency during 
     such fiscal year.
       (2) Annual report to congress.--The Administrator shall 
     review each report submitted under paragraph (1) for 
     technical validity and compile such reports in an annual 
     report on the Federal Government's progress toward carbon 
     neutrality. The Administrator shall submit such annual report 
     to the Committee on Oversight and Government Reform of the 
     House of Representatives and the Committee on Governmental 
     Affairs of the Senate and make such annual report publicly 
     available on the Environmental Protection Agency's website.
       (3) Electronic submission.--In complying with any 
     requirement of this subtitle for submission of inventories, 
     plans, or reports, an agency shall use electronic reporting 
     in lieu of paper copy reports.

     SEC. 6103. PILOT PROJECT FOR PURCHASE OF OFFSETS AND 
                   CERTIFICATES.

       (a) GAO Study.--No later than April 1, 2008, the 
     Comptroller General of the United States shall issue the 
     report requested by the Congress on May 17, 2007, regarding 
     markets for greenhouse gas emissions offsets.
       (b) Pilot Project.--Executive agencies and legislative 
     branch offices may purchase qualified greenhouse gas offsets 
     and qualified renewable energy certificates in any open 
     market transaction that complies with all applicable 
     procurement rules and regulations.
       (c) Qualified Greenhouse Gas Offsets.--For purposes of this 
     section, the term ``qualified greenhouse gas offset'' means a 
     real, additional, verifiable, enforceable, and permanent 
     domestic--
       (1) reduction of greenhouse gas emissions; or
       (2) sequestration of greenhouse gases.
       (d) Qualified Renewable Energy Certificates.--For purposes 
     of this section, the

[[Page H9782]]

     term ``qualified renewable energy certificate'' means a 
     certificate representing a specific amount of energy 
     generated by a renewable energy project that is real, 
     additional, and verifiable.
       (e) Guidance.--No later than September 30, 2008, the 
     Administrator shall issue guidelines, for Executive agencies, 
     establishing criteria for qualified greenhouse gas offsets 
     and qualified renewable energy certificates. Such guidelines 
     shall take into account the findings and recommendations of 
     the report issued under subsection (a) and shall--
       (1) establish performance standards for greenhouse gas 
     offset projects that benchmark reliably expected greenhouse 
     gas reductions from identified categories of projects that 
     reduce greenhouse gas emissions or sequester carbon in 
     accordance with subsection (c); and
       (2) establish criteria for qualified renewable energy 
     certificates to ensure that energy generated is renewable and 
     is in accordance with subsection (d).
       (f) Report.--The Comptroller General of the United States 
     shall evaluate the pilot program established by this section, 
     including identifying environmental and other benefits of the 
     program, as well as its financial costs and any disadvantages 
     associated with the program. No later than April 1, 2011, the 
     Comptroller General shall provide a report to the Committee 
     on Oversight and Government Reform of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate providing the details of 
     the evaluation and any recommendations for improvement.
       (g) Additional Definitions.--In this section:
       (1) Notwithstanding section 6106(3) of this Act, the term 
     ``Executive agency'' has the meaning given to such term in 
     section 105 of title 5, United States Code.
       (2) The term ``renewable energy'' has the meaning given 
     that term in section 203(b) of the Energy Policy Act of 2005 
     (42 U.S.C. 15852(b)(2)), except that energy generated from 
     municipal solid waste shall not be renewable energy.
       (h) Authorization.--Of the amount of discretionary funds 
     available to each Executive agency or legislative branch 
     office for each of fiscal years 2009 and 2010, not more than 
     0.01 percent of such amount may be used for the purpose of 
     carrying out this section. Such funding shall be in addition 
     to any other funds available to the Executive agency or 
     legislative branch office for such purpose.
       (i) Sunset Clause.--This section ceases to be effective at 
     the end of fiscal year 2010.

     SEC. 6104. IMPACT ON AGENCY'S PRIMARY MISSION.

       In implementing the requirements of this subtitle, each 
     agency should adopt compliance strategies that are consistent 
     with the agency's primary mission.

     SEC. 6105. SAVINGS CLAUSE.

       Nothing in this title or any amendment made by this title 
     shall be interpreted to preempt or limit the authority of a 
     State to take any action to address global warming.

     SEC. 6106. DEFINITIONS.

       In this subtitle:
       (1) The term ``Administrator'' means the Administrator of 
     the Environmental Protection Agency.
       (2) The term ``carbon dioxide equivalent'' means, for each 
     greenhouse gas, the quantity of the greenhouse gas that makes 
     the same contribution to global warming as 1 metric ton of 
     carbon dioxide, as determined by the Administrator, taking 
     into account the global warming potentials published by the 
     Intergovernmental Panel on Climate Change.
       (3) The term ``agency'' has the meaning given to that term 
     in section 551 of the National Energy Conservation Policy Act 
     (42 U.S.C. 8259).
       (4) The term ``greenhouse gas'' means--
       (A) carbon dioxide;
       (B) methane;
       (C) nitrous oxide;
       (D) hydrofluorocarbons;
       (E) perfluorocarbons;
       (F) sulfur hexafluoride; or
       (G) any other anthropogenically-emitted gas that the 
     Administrator, after notice and comment, determines 
     contributes to global warming to a non-negligible degree.

     SEC. 6107. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to implement this subtitle.

            Subtitle B--Federal Government Energy Efficiency

     SEC. 6201. FEDERAL VEHICLE FLEETS.

       Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 
     13212) is amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following new 
     subsection:
       ``(f) Vehicle Emission Requirements.--
       ``(1) Prohibition.--No Federal agency shall acquire a light 
     duty motor vehicle or medium duty passenger vehicle that is 
     not a low greenhouse gas emitting vehicle.
       ``(2) Guidance.--Each year, the Administrator of the 
     Environmental Protection Agency shall issue guidance 
     identifying the makes and model numbers of vehicles that are 
     low greenhouse gas emitting vehicles. In identifying such 
     vehicles, the Administrator shall take into account the most 
     stringent standards for vehicle greenhouse gas emissions 
     applicable to and enforceable against motor vehicle 
     manufacturers for vehicles sold anywhere in the United 
     States. The Administrator shall not identify any vehicle as a 
     low greenhouse gas emitting vehicle if the vehicle emits 
     greenhouse gases at a higher rate than such standards allow 
     for the manufacturer's fleet average grams per mile of carbon 
     dioxide-equivalent emissions for that class of vehicle, 
     taking into account any emissions allowances and adjustment 
     factors such standards provide.
       ``(3) Definition.--For purposes of this subsection, the 
     term `medium duty passenger vehicle' has the meaning given 
     that term section 523.2 of title 49 of the Code of Federal 
     Regulations.''.

     SEC. 6202. AGENCY ANALYSES FOR MOBILITY ACQUISITIONS.

       (a) Cost Estimate Requirement.--Each Federal agency that 
     owns, operates, maintains, or otherwise funds infrastructure, 
     assets, or personnel to provide delivery of fuel to its 
     operations shall apply activity based cost accounting 
     principles to estimate the fully burdened cost of fuel.
       (b) Use of Cost Estimate.--Each agency shall use the fully 
     burdened cost of fuel, as estimated under subsection (a), in 
     conducting analyses and making decisions regarding its 
     activities that create a demand for energy. Such analyses and 
     decisions shall include--
       (1) the use of models, simulations, wargames, and other 
     analytical tools to determine the types of energy consuming 
     equipment that an agency needs to conduct its missions;
       (2) life-cycle cost benefit analyses and other trade-off 
     analyses for determining the cost effectiveness of measures 
     that improve the energy efficiency of an agency's equipment 
     and systems;
       (3) analyses and decisions conducted or made by others for 
     the agency; and
       (4) procurement and acquisition source selection criteria, 
     requests for proposals, and best value determinations.
       (c) Revision of Analytical Tools.--If a Federal agency 
     employs models, simulations, wargames, or other analytical 
     tools that require substantial upgrades to enable those tools 
     to be used in compliance with this section, the agency shall 
     complete such necessary upgrades not later than 4 years after 
     the date of enactment of this Act.
       (d) Definition.--For purposes of this section, the term 
     ``fully burdened cost of fuel'' means the commodity price for 
     the fuel plus the total cost of all personnel and assets 
     required to move and, where applicable, protect, the fuel 
     from the point at which the fuel is received from the 
     commercial supplier to the point of use.

     SEC. 6203. FEDERAL PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.

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

     SEC. 6204. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE 
                   STANDARDS.

       (a) Standards.--Section 305(a)(3) of the Energy 
     Conservation and Production Act (42 U.S.C. 6834(a)(3)) is 
     amended by adding at the end the following new subparagraph:
       ``(D) Not later than 1 year after the date of enactment of 
     the Carbon-Neutral Government Act of 2007, the Secretary 
     shall establish, by rule, revised Federal building energy 
     efficiency performance standards that require that:
       ``(i) For new Federal buildings and Federal buildings 
     undergoing major renovations, with respect to which the 
     Adminstrator of General Services is required to transmit a 
     prospectus to Congress under section 3307 of title 40, United 
     States Code, in the case of public buildings (as defined in 
     section 3301 of title 40, United States Code), or of at least 
     $2,500,000 in costs adjusted annually for inflation for other 
     buildings:
       ``(I) The buildings shall be designed so that the fossil 
     fuel-generated energy consumption of the buildings is 
     reduced, as compared with such energy consumption by a 
     similar building in fiscal year 2003 (as measured by 
     Commercial Buildings Energy Consumption Survey or Residential 
     Energy Consumption Survey data from the Energy Information 
     Agency), by the percentage specified in the following table:


 
                                                             Percentage
                        Fiscal Year                           Reduction
 
  2010....................................................           55
  2015....................................................           65
  2020....................................................           80
  2025....................................................           90
  2030....................................................         100.


       ``(II) Sustainable design principles shall be applied to 
     the siting, design, and construction of such buildings. Not 
     later than 60 days

[[Page H9783]]

     after the date of enactment of the Carbon-Neutral Government 
     Act of 2007, the Secretary, in consultation with the 
     Administrator of General Services, and in consultation with 
     the Secretary of Defense for considerations relating to those 
     facilities under the custody and control of the Department of 
     Defense, shall identify a certification system and level for 
     green buildings that the Secretary determines to be the most 
     likely to encourage a comprehensive and environmentally-sound 
     approach to certification of green buildings. The 
     identification of the certification system and level shall be 
     based on the criteria specified in clause (ii) and shall 
     achieve results at least comparable to the United States 
     Green Building Council Leadership in Energy and Environmental 
     Design silver level. Within 60 days of the completion of each 
     study required by clause (iii), the Secretary, in 
     consultation with the Administrator of General Services, and 
     in consultation with the Secretary of Defense for 
     considerations relating to those facilities under the custody 
     and control of the Department of Defense, shall review and 
     update the certification system and level, taking into 
     account the conclusions of such study.
       ``(ii) In identifying the green building certification 
     system and level, the Secretary shall take into 
     consideration--
       ``(I) the ability and availability of assessors and 
     auditors to independently verify the criteria and measurement 
     of metrics at the scale necessary to implement this 
     subparagraph;
       ``(II) the ability of the applicable certification 
     organization to collect and reflect public comment;
       ``(III) the ability of the standard to be developed and 
     revised through a consensus-based process;
       ``(IV) an evaluation of the robustness of the criteria for 
     a high-performance green building, which shall give credit 
     for promoting--
       ``(aa) efficient and sustainable use of water, energy, and 
     other natural resources;
       ``(bb) use of renewable energy sources;
       ``(cc) improved indoor environmental quality through 
     enhanced indoor air quality, thermal comfort, acoustics, day 
     lighting, pollutant source control, and use of low-emission 
     materials and building system controls; and
       ``(dd) such other criteria as the Secretary determines to 
     be appropriate; and
       ``(V) national recognition within the building industry.
       ``(iii) At least once every five years, the Administrator 
     of General Services shall conduct a study to evaluate and 
     compare available third-party green building certification 
     systems and levels, taking into account the criteria listed 
     in clause (ii).
       ``(iv) The Secretary may by rule allow Federal agencies to 
     develop internal certification processes, using certified 
     professionals, in lieu of certification by the certification 
     entity identified under clause (i)(II). The Secretary shall 
     include in any such rule guidelines to ensure that the 
     certification process results in buildings meeting the 
     applicable certification system and level identified under 
     clause (i)(II). An agency employing an internal certification 
     process must continue to obtain external certification by the 
     certification entity identified under clause (i)(II) for at 
     least 5 percent of the total number of buildings certified 
     annually by the agency.
       ``(v) With respect to privatized military housing, the 
     Secretary of Defense, after consultation with the Secretary 
     may, through rulemaking, develop alternative criteria to 
     those established by subclauses (I) and (II) of clause (i) 
     that achieve an equivalent result in terms of energy savings, 
     sustainable design, and green building performance.
       ``(vi) In addition to any use of water conservation 
     technologies otherwise required by this section, water 
     conservation technologies shall be applied to the extent that 
     the technologies are life-cycle cost-effective.''.
       (b) Definitions.--Section 303(6) of the Energy Conservation 
     and Production Act (42 U.S.C. 6832(6)) is amended by striking 
     ``which is not legally subject to State or local building 
     codes or similar requirements.'' and inserting ``. Such term 
     shall include buildings built for the purpose of being leased 
     by a Federal agency, and privatized military housing.''.

     SEC. 6205. MANAGEMENT OF FEDERAL BUILDING EFFICIENCY.

       (a) Large Capital Energy Investments.--Section 543 of the 
     National Energy Conservation Policy Act (42 U.S.C. 8253) is 
     amended by adding at the end the following new subsection:
       ``(f) Large Capital Energy Investments.--Each Federal 
     agency shall ensure that any large capital energy investment 
     in an existing building that is not a major renovation but 
     involves replacement of installed equipment, such as heating 
     and cooling systems, or involves renovation, rehabilitation, 
     expansion, or remodeling of existing space, employs the most 
     energy efficient designs, systems, equipment, and controls 
     that are life-cycle cost effective. Not later than 6 months 
     after the date of enactment of the Carbon-Neutral Government 
     Act of 2007, each Federal agency shall develop a process for 
     reviewing each such large capital energy investment decision 
     to ensure that the requirement of this subsection is met, and 
     shall report to the Office of Management and Budget on the 
     process established. Not later than one year after the date 
     of enactment of the Carbon-Neutral Government Act of 2007, 
     the Office of Management and Budget shall evaluate and report 
     to Congress on each agency's compliance with this 
     subsection.''.
       (b) Metering.--Section 543(e)(1) of the National Energy 
     Conservation Policy Act (42 U.S.C. 8253(e)(1)) is amended by 
     inserting ``By October 1, 2016, each agency shall also 
     provide for equivalent metering of natural gas, steam, 
     chilled water, and water, in accordance with guidelines 
     established by the Secretary under paragraph (2).'' after 
     ``buildings of the agency.''.

     SEC. 6206. LEASING.

       (a) In General.--Except as provided in subsection (b), 
     effective 3 years after the date of enactment of this Act, no 
     Federal agency shall enter into a new contract to lease space 
     in a building that has not earned the Energy Star label in 
     the most recent year.
       (b) Exception.--If--
       (1) no space is available in such a building that meets an 
     agency's functional requirements, including locational needs;
       (2) the agency is proposing to remain in a building that 
     the agency has occupied previously;
       (3) the agency is proposing to lease a building of 
     historical, architectural, or cultural significance, as 
     defined in section 3306(a)(4) of title 40, United States 
     Code, or space in such a building; or
       (4) the lease is for no more than 10,000 gross square feet 
     of space,

     the agency may enter into a contract to lease space in a 
     building that has not earned the Energy Star label in the 
     most recent year if the lease contract includes provisions 
     requiring that, prior to occupancy, or in the case of a 
     contract described in paragraph (2) not later than 6 months 
     after signing the contract, the space will be renovated for 
     all energy efficiency improvements that would be cost 
     effective over the life of the lease, including improvements 
     in lighting, windows, and heating, ventilation, and air 
     conditioning systems.

     SEC. 6207. PROCUREMENT AND ACQUISITION OF ALTERNATIVE FUELS.

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

     SEC. 6208. CONTRACTS FOR RENEWABLE ENERGY FOR EXECUTIVE 
                   AGENCIES.

       Section 501(b)(1) of title 40, United States Code, is 
     amended--
       (1) in subparagraph (B), by striking ``A contract'' and 
     inserting ``Except as provided in subparagraph (C), a 
     contract''; and
       (2) by adding at the end the following new subparagraph:
       ``(C) Renewable energy contracts.--A contract for renewable 
     energy may be made for a period of not more than 30 years. 
     For the purposes of this subparagraph, the term `renewable 
     energy' has the meaning given that term in section 203(b) of 
     the Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)), except 
     that energy generated from municipal solid waste shall not be 
     considered renewable energy.''.

     SEC. 6209. GOVERNMENT EFFICIENCY STATUS REPORTS.

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

     SEC. 6210. OMB GOVERNMENT EFFICIENCY REPORTS AND SCORECARDS.

       (a) Reports.--Not later than April 1 of each year, the 
     Director of the Office of Management and Budget shall submit 
     an Annual Government Efficiency report to the Committee on 
     Oversight and Government Reform of the House of 
     Representatives and the Committee on Governmental Affairs of 
     the Senate, which shall contain--
       (1) a summary of the information reported by agencies under 
     section 6209;
       (2) an evaluation of the Government's overall progress 
     toward achieving the goals of this title and the amendments 
     made by this title; and
       (3) recommendations for additional actions necessary to 
     meet the goals of this title and the amendments made by this 
     title.
       (b) Scorecards.--The Office of Management and Budget shall 
     include in any annual energy scorecard it is otherwise 
     required to submit a description of each agency's compliance 
     with the requirements of this title and the amendments made 
     by this title.

[[Page H9784]]

     SEC. 6211. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to implement this subtitle.

     SEC. 6212. JUDICIAL REVIEW.

       (a) Final Agency Action.--Any nondiscretionary act or duty 
     under this title or any amendment made by this title is a 
     final agency action for the purposes of judicial review under 
     chapter 7 of title 5, United States Code.
       (b) Venue for Certain Actions.--The United States Court of 
     Appeals for the District of Columbia Circuit shall have 
     exclusive jurisdiction over any petition for review of action 
     of the Administrator in promulgating any rule under subtitle 
     A of this title.
       (c) Limitations.--No action under chapter 7 of title 5, 
     United States Code, may be commenced prior to 60 days after 
     the date on which the plaintiff has given notice to the 
     Federal agency concerned of the alleged violation of this 
     title or any amendment made by this title.
       (d) Common Claims.--When civil actions arising under this 
     title or any amendment made by this title are pending in the 
     same court and involve one or more common questions of fact 
     or common claims regarding the same alleged Federal agency 
     failure or failures to act, the court may consolidate such 
     claims into a single action for judicial review. When civil 
     actions arising under this title or any amendment made by 
     this title are pending in different districts and involve one 
     or more common questions of fact or common claims regarding 
     the same alleged Federal agency failure or failures to act, 
     such actions may be consolidated pursuant to section 1407 of 
     title 28, United States Code.
       (e) Aggrieved Persons.--A person shall be considered 
     aggrieved within the meaning of this title or any amendment 
     made by this title for purposes of obtaining judicial review 
     under chapter 7 of title 5, United States Code, if the person 
     alleges--
       (1) harm attributable to a Federal agency's failure to 
     reduce its greenhouse gas emissions in accordance with the 
     requirements under this title or any amendment made by this 
     title, or take other actions required under this title or any 
     amendment made by this title; or
       (2) a Federal agency's failure to collect and provide 
     information to the public as required by this title or any 
     amendment made by this title.

     For purposes of this section, the term ``harm'' includes any 
     effect of global warming, currently occurring or at risk of 
     occurring, and the incremental exacerbation of any such 
     effect or risk that is associated with relatively small 
     increments of greenhouse gas emissions, even if the effect or 
     risk is widely shared. An effect or risk associated with 
     global warming is ``attributable'' to a Federal agency's 
     failure to act as described in paragraph (1) if the failure 
     to act results in larger emissions of greenhouse gases than 
     would have been emitted had the Federal agency followed the 
     requirements of this title or any amendment made by this 
     title, as any such incremental additional emissions will 
     exacerbate the pace, extent, and risks of global warming.
       (f) Remedy.--
       (1) In general.--In addition to the remedies available 
     under chapter 7 of title 5, United States Code, a court may 
     provide the remedies specified in this subsection.
       (2) Payment.--In any civil action alleging a violation of 
     this title, if the court finds that an agency has 
     significantly violated this title in its failure to perform 
     any nondiscretionary act or duty under this title or any 
     amendment made by this title, the court may award a payment, 
     payable by the United States Treasury, to be used for a 
     beneficial mitigation project recommended by the plaintiff or 
     to compensate the plaintiff for any impact from global 
     warming suffered by the plaintiff. The total payment for all 
     claims by all plaintiffs in any such action shall not exceed 
     the amount provided in section 1332(b) of title 28, United 
     States Code. A court may deny a second payment under this 
     section if the court determines that the plaintiff has filed 
     multiple separate actions that could reasonably have been 
     combined into a single action. No payment may be awarded 
     under this paragraph for violations of an agency's obligation 
     to collect or report information to the public. No court may 
     award any payment under this paragraph in any given year if 
     the cumulative payments awarded by courts under this 
     paragraph in such year are equal to or greater than 
     $1,500,000.
       (3) Costs.--A court may award costs of litigation to any 
     substantially prevailing plaintiff or to any other plaintiff 
     whenever the court determines such an award is appropriate. 
     Such an award is appropriate when such litigation contributes 
     to the Federal agency's compliance with this title or any 
     amendment made by this title. Costs of litigation include 
     reasonable attorney fees and expert fees.
       (4) Exclusive remedy.--Notwithstanding any other provision 
     of Federal law--
       (A) no plaintiff who is awarded a payment under this 
     subsection for a failure to perform a mandatory duty under 
     this title or any amendment made by this title may be awarded 
     a payment for such failure under any other Federal law; and
       (B) no plaintiff may be awarded a payment under this 
     subsection for a failure to perform a mandatory duty under 
     this title or any amendment made by this title if the 
     plaintiff has been awarded a payment for such failure under 
     any other Federal law.
       (g) No State Court Action.--No person may bring any action 
     in State court alleging a violation of this title or any 
     amendment made by this title.
       (h) Inapplicability to Procurement Protests.--No action may 
     be commenced under this section objecting to a solicitation 
     by a Federal agency for bids or proposals for a proposed 
     contract or to a proposed award or the award of a contract or 
     any alleged violation of statute or regulation in connection 
     with a procurement or a proposed procurement if such action 
     may be brought by an interested party under section 
     1491(b)(1) of title 28, United States Code, or subchapter V 
     of title 31, United States Code.
       (i) Definition.--In this section, the term ``person'' means 
     a United States person. In the case of an individual, such 
     term means a citizen or national of the United States.

           TITLE VII--NATURAL RESOURCES COMMITTEE PROVISIONS

     SEC. 7001. SHORT TITLE.

       This title may be cited as the ``Energy Policy Reform and 
     Revitalization Act of 2007''.

             Subtitle A--Energy Policy Act of 2005 Reforms

     SEC. 7101. FISCALLY RESPONSIBLE ENERGY AMENDMENTS.

       (a) Requirement to Establish Cost Recovery Fee.--Section 
     365(i) of the Energy Policy Act of 2005 (Public Law 109-58; 
     42 U.S.C. 15924(i)) is amended to read as follows:
       ``(i) Fee for Applications for Permits to Drill.--
       ``(1) Requirement to establish cost recovery fee.--The 
     Secretary of the Interior shall promulgate regulations to 
     establish a cost recovery fee for applications for a permit 
     to drill for oil and gas on Federal lands administered by the 
     Secretary.
       ``(2) Temporary fee.--Until such time as a fee is 
     established by such regulations, the Secretary shall charge a 
     cost recovery fee of $1,700 for each such application 
     received on or after October 1, 2007.
       ``(3) Deposit and use.--Amounts received by the United 
     States in the form of the fee established under this 
     subsection--
       ``(A) shall be available to the Secretary of the Interior 
     to administer permit processing; and
       ``(B) shall be treated as offsetting receipts.''.
       (b) Repeal of BLM Permit Processing Improvement Fund.--
       (1) Repeal.--Section 35 of the Mineral Leasing Act (30 
     U.S.C. 191) is amended by striking subsection (c).
       (2) Treatment of balance.--Any balances remaining in the 
     BLM Permit Processing Improvement Fund on the effective date 
     of this subsection shall be transferred to the general fund 
     of the Treasury of the United States.
       (3) Effective date.--This subsection shall take effect on 
     October 1, 2007.

     SEC. 7102. EXTENSION OF DEADLINE FOR CONSIDERATION OF 
                   APPLICATIONS FOR PERMITS.

       Subsection (p)(2) of section 17 of the Mineral Leasing Act 
     (30 U.S.C. 226) is amended by striking ``30'' and inserting 
     ``45''.

     SEC. 7103. OIL SHALE AND TAR SANDS LEASING.

       Section 369 of the Energy Policy Act of 2005 (42 U.S.C. 
     15927) is amended--
       (1) in subsection (c), by striking ``not later than 180 
     days after the date of enactment of this Act,'';
       (2) in subsection (c), by striking ``shall make'' and 
     inserting ``may make'';
       (3) in subsection (d)(1), by striking ``Not later than 18 
     months after the date of enactment of this Act, in'' and 
     inserting ``In'';
       (4) in subsection (d)(2)--
       (A) in the heading by striking ``Final'' and inserting 
     ``Proposed''; and
       (B) in the text by striking ``final'' and inserting 
     ``proposed'';
       (5) in subsection (d)(2), by striking ``6'' and inserting 
     ``12'';
       (6) in subsection (d)(2) by inserting after the period 
     ``The proposed regulations developed under this paragraph are 
     to be open for public comment for no less than 120 days.'';
       (7) by redesignating subsections (e) through (s) as 
     subsections (g) through (u), and by inserting after 
     subsection (d) the following:
       ``(e) Oil Shale and Tar Sands Leasing and Development 
     Strategy.--
       ``(1) General.--Not later than 6 months after the 
     completion of the programmatic environmental impact statement 
     under subsection (d), the Secretary shall prepare an oil 
     shale and tar sands leasing and development strategy, in 
     cooperation with the Secretary of Energy and the 
     Administrator of the Environmental Protection Agency.
       ``(2) Purpose.--The purpose of the strategy developed under 
     this subsection is to provide a framework for regulations 
     that will allow for the sustainable and publicly acceptable 
     large-scale development of oil shale within the Green River 
     Formation and to provide a basis for decisions regarding 
     Federal support for research and other activities to achieve 
     that result.
       ``(3) Contents.--The strategy shall include plans and 
     programs for obtaining information required for determining 
     the optimal methods, locations, amount, and timeframe for 
     potential development on Federal lands within the Green River 
     Formation. The

[[Page H9785]]

     strategy shall also include plans for conducting critical 
     environmental and ecological research, high-payoff process 
     improvement research, an assessment of carbon management 
     options, and a large-scale demonstration of carbon dioxide 
     sequestration in the general vicinity of the Piceance Basin.
       ``(f) Alternative Approaches.--In developing the strategy 
     under subsection (e), the Secretary shall, in cooperation 
     with the Secretary of Energy and the Administrator of the 
     Environmental Protection Agency, consult with industry and 
     other interested persons regarding alternative approaches to 
     providing access to Federal lands for early first-of-a-kind 
     commercial facilities for extracting and processing oil shale 
     and tar sands.'';
       (8) in subsection (g), as so redesignated, by striking ``of 
     the final regulation required by subsection (d)'' and 
     inserting ``of final regulations issued under this section'';
       (9) in subsection (g), as so redesignated, by adding at the 
     end the following: ``Compliance with the National 
     Environmental Policy Act of 1969 is required on a site-by-
     site basis for all lands proposed to be leased under the 
     commercial leasing program established in this subsection.''; 
     and
       (10) in subsection (i)(1)(B), as so redesignated, by 
     striking ``subsection (e)'' and inserting ``subsection (g)''.

     SEC. 7104. LIMITATION OF REBUTTABLE PRESUMPTION REGARDING 
                   APPLICATION OF CATEGORICAL EXCLUSION UNDER NEPA 
                   FOR OIL AND GAS EXPLORATION AND DEVELOPMENT 
                   ACTIVITIES.

       Section 390 of the Energy Policy Act of 2005 (Public Law 
     109-58; 42 U.S.C. 15942) is amended by adding at the end the 
     following:
       ``(c) Adherence to CEQ Regulations.--In administering this 
     section, the Secretary of the Interior in managing the public 
     lands, and the Secretary of Agriculture in managing National 
     Forest System lands, shall adhere to the regulations issued 
     by the Council on Environmental Quality relating to 
     categorical exclusions (40 C.F.R. 1507.3 and 1508.4), as in 
     effect on the date of enactment of this Act.''.

     SEC. 7105. BEST MANAGEMENT PRACTICES.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of the Interior, through the Bureau of 
     Land Management, shall amend the best management practices 
     guidelines for oil and gas development on Federal lands, to--
       (1) require public review and comment prior to waiving any 
     stipulation of an oil and gas lease for such lands, except in 
     the case of an emergency; and
       (2) create an incentive for oil and gas operators to adopt 
     best management practices that minimize adverse impacts to 
     wildlife habitat, by providing expedited permit review for 
     any operator that commits to adhering to those practices 
     without seeking waiver of such stipulations.

     SEC. 7106. FEDERAL CONSISTENCY APPEALS.

       (a) Short Title.--This section may be cited as the 
     ``Federal Consistency Appeals Decision Refinement Act''.
       (b) Clarification of Appeal Decision Time Periods and 
     Information Requirements.--Section 319(b) of the Coastal Zone 
     Management Act of 1972 (16 U.S.C. 1465(b)) is amended--
       (1) in paragraph (1), by striking ``160-day'' and inserting 
     ``200-day'';
       (2) in paragraph (3)(A)--
       (A) by striking ``160-day'' and inserting ``200-day''; and
       (B) by amending clause (ii) to read as follows:
       ``(ii) as the Secretary determines necessary to receive, on 
     an expedited basis, any supplemental or clarifying 
     information relevant to the consolidated record compiled by 
     the lead Federal permitting agency to complete a consistency 
     review under this title.''; and
       (3) in paragraph (3)(B) by striking ``160-day'' and 
     inserting ``200-day''.

Subtitle B--Federal Energy Public Accountability, Integrity, and Public 
                                Interest

 CHAPTER 1--ACCOUNTABILITY AND INTEGRITY IN THE FEDERAL ENERGY PROGRAM

     SEC. 7201. AUDITS.

       (a) Requirement To Increase the Number of Audits.--The 
     Secretary of the Interior shall ensure that by fiscal year 
     2009 the Minerals Management Service shall perform no less 
     that 550 audits of oil and gas leases each fiscal year.
       (b) Standards.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     issue regulations that require that all employees that 
     conduct audits or compliance reviews must meet professional 
     auditor qualifications that are consistent with the latest 
     revision of the Government Auditing Standards published by 
     the Government Accountability Office. Such regulations shall 
     also ensure that all audits conducted by the Department of 
     the Interior are performed in accordance with such standards.

     SEC. 7202. FINES AND PENALTIES.

       (a) Sanctions for Violations Relating to Federal Oil and 
     Gas Royalties.--Section 109 of the Federal Oil and Gas 
     Royalty Management Act of 1982 (30 U.S.C. 1719) is amended to 
     read as follows:


                           ``CIVIL PENALTIES

       ``Sec. 109.  (a) Royalty Violations.--(1) No person shall--
       ``(A) after due notice of violation or after such violation 
     has been reported under paragraph (3)(A), fail or refuse to 
     comply with any requirement of any mineral leasing law or any 
     regulation, order, lease, or permit under such a law;
       ``(B) fail or refuse to make any royalty payment in the 
     amount or value required by any mineral leasing law or any 
     regulation, order, or lease under such a law, with the intent 
     to defraud;
       ``(C) fail or refuse to make any royalty payment by the 
     date required by any mineral leasing law or any regulation, 
     order, or lease under such a law, with the intent to defraud; 
     or
       ``(D) prepare, maintain, or submit any false, inaccurate, 
     or misleading report, notice, affidavit, record, data, or 
     other written information or filing related to royalty 
     payments that is required under any mineral leasing law or 
     regulation issued under any mineral leasing law, with the 
     intent to defraud.
       ``(2) A person who violates paragraph (1) shall be liable--
       ``(A) in the case of a violation of subparagraph (B) or (C) 
     of paragraph (1) for an amount equal to 3 times the royalty 
     the person fails or refuses to pay, plus interest on that 
     trebled amount measured from the first date the royalty 
     payment was due; and
       ``(B) in the case of any violation, for a civil penalty 
     of--
       ``(i) except as provided in clause (ii), up to $25,000 per 
     violation for each day the violation continues; or
       ``(ii) if the person failed or refused to make a payment of 
     royalty owed in an amount less than $25,000, an amount equal 
     to 150 percent of the royalty owed that was not paid;
       ``(3) Paragraph (2) shall not apply to a violation of 
     paragraph (1) if the person who commits the violation, within 
     30 days of knowing of the violation--
       ``(A) reports the violation to the Secretary or a 
     representative designated by the Secretary; and
       ``(B) corrects the violation.
       ``(b) Lease Administration Violations.--Any person who--
       ``(1) fails to notify the Secretary of--
       ``(A) any designation by the person under section 102(a); 
     or
       ``(B) any other assignment of obligations or 
     responsibilities of the person under a lease;
       ``(2) fails or refuses to permit--
       ``(A) lawful entry;
       ``(B) inspection, including any inspection authorized by 
     section 108; or
       ``(C) audit, including any failure or refusal to promptly 
     tender requested documents;
       ``(3) fails or refuses to comply with subsection 102(b)(3) 
     (relating to notification regarding beginning or resumption 
     of production); or
       ``(4) fails to correctly report and timely provide 
     operations or financial records necessary for the Secretary 
     or any authorized designee of the Secretary to accomplish 
     lease management responsibilities,

     shall be liable for a penalty of up to $10,000 per violation 
     for each day such violation continues.
       ``(c) Theft.--Any person who--
       ``(1) knowingly or willfully takes or removes, transports, 
     uses or diverts any oil or gas from any lease site without 
     having valid legal authority to do so; or
       ``(2) purchases, accepts, sells, transports, or conveys to 
     another, any oil or gas knowing or having reason to know that 
     such oil or gas was stolen or unlawfully removed or diverted,

     shall be liable for a penalty of up to $25,000 per violation 
     for each day such violation continues without correction.
       ``(d) Administrative Appeal.--(1) Any determination by the 
     Secretary or a designee of the Secretary of the amount of any 
     royalties or civil penalties owed under subsection (a), (b), 
     or (c) shall be final, unless within 120 days after 
     notification by the Secretary or designee the person liable 
     for such amount files an administrative appeal in accordance 
     with regulations issued by the Secretary.
       ``(2) If a person files an administrative appeal pursuant 
     to paragraph (1), the Secretary or designee shall make a 
     final determination in accordance with the regulations 
     referred to in paragraph (1).
       ``(e) Deduction.--The amount of any penalty under this 
     section, as finally determined may be deducted from any sums 
     owing by the United States to the person charged.
       ``(f) Compromise and Reduction.--On a case-by-case basis 
     the Secretary may compromise or reduce civil penalties under 
     this section.
       ``(g) Notice.--Notice under this subsection (a) shall be by 
     personal service by an authorized representative of the 
     Secretary or by registered mail. Any person may, in the 
     manner prescribed by the Secretary, designate a 
     representative to receive any notice under this subsection.
       ``(h) Record of Determination.--In determining the amount 
     of such penalty, or whether it should be remitted or reduced, 
     and in what amount, the Secretary shall state on the record 
     the reasons for his determinations.
       ``(i) Judicial Review.--Any person who has requested a 
     hearing in accordance with subsection (e) within the time the 
     Secretary has prescribed for such a hearing and who is 
     aggrieved by a final order of the Secretary under this 
     section may seek review of such order in the United States 
     district court for the judicial district in which the 
     violation allegedly took place. Review by the district court 
     shall be de novo. Such an action shall be barred unless filed 
     within 90 days after the Secretary's final order.

[[Page H9786]]

       ``(j) Failure To Pay.--If any person fails to pay an 
     assessment of a civil penalty under this Act--
       ``(1) after the order making the assessment has become a 
     final order and if such person does not file a petition for 
     judicial review of the order in accordance with subsection 
     (j), or
       ``(2) after a court in an action brought under subsection 
     (j) has entered a final judgment in favor of the Secretary,

     the court shall have jurisdiction to award the amount 
     assessed plus interest from the date of the expiration of the 
     90-day period referred to in subsection (j). Judgment by the 
     court shall include an order to pay.
       ``(k) Relationship to Mineral Leasing Act.--No person shall 
     be liable for a civil penalty under subsection (a) or (b) for 
     failure to pay any rental for any lease automatically 
     terminated pursuant to section 31 of the Mineral Leasing Act.
       ``(l) Tolling of Statutes of Limitation.--(1) Any 
     determination by the Secretary or a designee of the Secretary 
     that a person has violated subsection (a), (b)(2), or (b)(4) 
     shall toll any applicable statute of limitations for all oil 
     and gas leases held or operated by such person, until the 
     later of--
       ``(A) the date on which the person corrects the violation 
     and certifies that all violations of a like nature have been 
     corrected for all of the oil and gas leases held or operated 
     by such person; or
       ``(B) the date a final, nonappealable order has been issued 
     by the Secretary or a court of competent jurisdiction.
       ``(2) A person determined by the Secretary or a designee of 
     the Secretary to have violated subsection (a), (b)(2), or 
     (b)(4) shall maintain all records with respect to the 
     person's oil and gas leases until the later of--
       ``(A) the date the Secretary releases the person from the 
     obligation to maintain such records; and
       ``(B) the expiration of the period during which the records 
     must be maintained under section 103(b).
       ``(m) State Sharing of Penalties.--Amounts received by the 
     United States in an action brought under section 3730 of 
     title 31, United States Code, that arises from any 
     underpayment of royalties owed to the United States under any 
     lease shall be treated as royalties paid to the United States 
     under that lease for purposes of the mineral leasing laws and 
     the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
     460l-4 et seq.).''.
       (b) Shared Civil Penalties.--Section 206 of the Federal Oil 
     and Gas Royalty Management Act of 1982 (30 U.S.C. 1736) is 
     amended--
       (1) by inserting ``trebled royalties or'' after ``50 per 
     centum of any''; and
       (2) by striking the second sentence.

CHAPTER 2--AMENDMENTS TO FEDERAL OIL AND GAS ROYALTY MANAGEMENT ACT OF 
                                  1982

     SEC. 7211. AMENDMENTS TO DEFINITIONS.

       Section 3 of the Federal Oil and Gas Royalty Management Act 
     of 1982 (30 U.S.C. 1702) is amended--
       (1) in paragraph (20)(A), by striking ``: Provided, That'' 
     and all that follows through ``subject of the judicial 
     proceeding'';
       (2) in paragraph (20)(B), by striking ``(with written 
     notice to the lessee who designated the designee)'';
       (3) in paragraph (23)(A), by striking ``(with written 
     notice to the lessee who designated the designee)'' ;
       (4) by amending paragraph (24) to read as follows:
       ``(24) `designee' means any person who pays, offsets, or 
     credits monies, makes adjustments, requests and receives 
     refunds, or submits reports with respect to payments a lessee 
     must make pursuant to section 102(a);'';
       (5) in paragraph (25)(B), by striking ``(subject to the 
     provisions of section 102(a) of this Act)''; and
       (6) in paragraph (26), by striking ``(with notice to the 
     lessee who designated the designee)''.

     SEC. 7212. INTEREST.

       (a) Estimated Payments; Interest on Amount of 
     Underpayment.--Section 111(j) of the Federal Oil and Gas 
     Royalty Management Act of 1982 (30 U.S.C. 1721(j)) is amended 
     by striking ``If the estimated payment exceeds the actual 
     royalties due, interest is owed on the overpayment.''.
       (b) Overpayments.--Section 111 of the Federal Oil and Gas 
     Royalty Management Act of 1982 (30 U.S.C. 1721) is amended by 
     striking subsections (h) and (i).
       (c) Effective Date.--The amendments made by this section 
     shall be effective one year after the date of enactment of 
     this Act.

     SEC. 7213. OBLIGATION PERIOD.

       Section 115(c) of the Federal Oil and Gas Royalty 
     Management Act of 1982 (30 U.S.C. 1724(c)) is amended by 
     adding at the end the following:
       ``(3) Adjustments.--In the case of an adjustment under 
     section 111A(a) (30 U.S.C. 1721a(a)) in which a recoupment by 
     the lessee results in an underpayment of an obligation, for 
     purposes of this Act the obligation becomes due on the date 
     the lessee or its designee makes the adjustment.''.

     SEC. 7214. TOLLING AGREEMENTS AND SUBPOENAS.

       (a) Tolling Agreements.--Section 115(d)(1) of the Federal 
     Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 
     1724(d)(1)) is amended by striking ``(with notice to the 
     lessee who designated the designee)''.
       (b) Subpoenas.--Section 115(d)(2)(A) of the Federal Oil and 
     Gas Royalty Management Act of 1982 (30 U.S.C. 1724(d)(2)(A)) 
     is amended by striking ``(with notice to the lessee who 
     designated the designee, which notice shall not constitute a 
     subpoena to the lessee)''.

     SEC. 7215. LIABILITY FOR ROYALTY PAYMENTS.

       Section 102(a) of the Federal Oil and Gas Royalty 
     Management Act of 1982 (30 U.S.C. 1712(a)) is amended to read 
     as follows:
       ``(a) In order to increase receipts and achieve effective 
     collections of royalty and other payments, a lessee who is 
     required to make any royalty or other payment under a lease 
     or under the mineral leasing laws, shall make such payments 
     in the time and manner as may be specified by the Secretary 
     or the applicable delegated State. Any person who pays, 
     offsets or credits monies, makes adjustments, requests and 
     receives refunds, or submits reports with respect to payments 
     the lessee must make is the lessee's designee under this Act. 
     Notwithstanding any other provision of this Act to the 
     contrary, a designee shall be liable for any payment 
     obligation of any lessee on whose behalf the designee pays 
     royalty under the lease. The person owning operating rights 
     in a lease and a person owning legal record title in a lease 
     shall be liable for that person's pro rata share of payment 
     obligations under the lease.''.

        CHAPTER 3--PUBLIC INTEREST IN THE FEDERAL ENERGY PROGRAM

     SEC. 7221. SURFACE OWNER PROTECTION.

       (a) Definitions.--As used in this section--
       (1) the term ``Secretary'' means the Secretary of the 
     Interior;
       (2) the term ``lease'' means a lease issued by the 
     Secretary under the Mineral Leasing Act (30 U.S.C. 181 et 
     seq.);
       (3) the term ``lessee'' means the holder of a lease; and
       (4) the term ``operator'' means any person that is 
     responsible under the terms and conditions of a lease for the 
     operations conducted on leased lands or any portion thereof.
       (b) Post-Lease Surface Use Agreement.--
       (1) In general.--Except as provided in subsection (c), the 
     Secretary may not authorize any operator to conduct 
     exploration and drilling operations on lands with respect to 
     which title to oil and gas resources is held by the United 
     States but title to the surface estate is not held by the 
     United States, until the operator has filed with the 
     Secretary a document, signed by the operator and the surface 
     owner or owners, showing that the operator has secured a 
     written surface use agreement between the operator and the 
     surface owner or owners that meets the requirements of 
     paragraph (2).
       (2) Contents.--The surface use agreement shall provide 
     for--
       (A) the use of only such portion of the surface estate as 
     is reasonably necessary for exploration and drilling 
     operations based on site-specific conditions;
       (B) the accommodation of the surface estate owner to the 
     maximum extent practicable, including the location, use, 
     timing, and type of exploration and drilling operations, 
     consistent with the operator's right to develop the oil and 
     gas estate;
       (C) the reclamation of the site to a condition capable of 
     supporting the uses which such lands were capable of 
     supporting prior to exploration and drilling operations or 
     other uses as agreed to by the operator and the surface 
     owner; and
       (D) compensation for damages as a result of exploration and 
     drilling operations, including but not limited to--
       (i) loss of income and increased costs incurred;
       (ii) damage to or destruction of personal property, 
     including crops, forage, and livestock; and
       (iii) failure to reclaim the site in accordance with this 
     subparagraph (C).
       (3) Procedure.--
       (A) In general.--An operator shall notify the surface 
     estate owner or owners of the operator's desire to conclude 
     an agreement under this section. If the surface estate owner 
     and the operator do not reach an agreement within 90 days 
     after the operator has provided such notice, the matter shall 
     be referred to third party arbitration for resolution within 
     a period of 90 days. The cost of such arbitration shall be 
     the responsibility of the operator.
       (B) Identification of arbiters.--The Secretary shall 
     identify persons with experience in conducting arbitrations 
     and shall make this information available to operators and 
     surface owners.
       (C) Referral to identified arbiter.--Referral of a matter 
     for arbitration by a person identified by the Secretary 
     pursuant to subparagraph (B) shall be sufficient to 
     constitute compliance with subparagraph (A).
       (4) Attorneys fees.--If action is taken to enforce or 
     interpret any of the terms and conditions contained in a 
     surface use agreement, the prevailing party shall be 
     reimbursed by the other party for reasonable attorneys fees 
     and actual costs incurred, in addition to any other relief 
     which a court or arbitration panel may grant.
       (c) Authorized Exploration and Drilling Operations.--
       (1) Authorization without surface use agreement.--The 
     Secretary may authorize an operator to conduct exploration 
     and drilling operations on lands covered by subsection (b) in 
     the absence of an agreement with the surface estate owner or 
     owners, if--
       (A) the Secretary makes a determination in writing that the 
     operator made a good

[[Page H9787]]

     faith attempt to conclude such an agreement, including 
     referral of the matter to arbitration pursuant to subsection 
     (b)(3), but that no agreement was concluded within 90 days 
     after the referral to arbitration;
       (B) the operator submits a plan of operations that provides 
     for the matters specified in subsection (b)(2) and for 
     compliance with all other applicable requirements of Federal 
     and State law; and
       (C) the operator posts a bond or other financial assurance 
     in an amount the Secretary determines to be adequate to 
     ensure compensation to the surface estate owner for any 
     damages to the site, in the form of a surety bond, trust 
     fund, letter of credit, government security, certificate of 
     deposit, cash, or equivalent.
       (2) Surface owner participation.--The Secretary shall 
     provide surface estate owners with an opportunity to--
       (A) comment on plans of operations in advance of a 
     determination of compliance with this section;
       (B) participate in bond level determinations and bond 
     release proceedings under this subsection;
       (C) attend an on-site inspection during such determinations 
     and proceedings;
       (D) file written objections to a proposed bond release; and
       (E) request and participate in an on-site inspection when 
     they have reason to believe there is a violation of the terms 
     and conditions of a plan of operations.
       (3) Payment of financial guarantee.--A surface estate owner 
     with respect to any land subject to a lease may petition the 
     Secretary for payment of all or any portion of a bond or 
     other financial assurance required under this subsection as 
     compensation for any damages as a result of exploration and 
     drilling operations. Pursuant to such a petition, the 
     Secretary may use such bond or other guarantee to provide 
     compensation to the surface estate owner for such damages.
       (4) Bond release.--Upon request and after inspection and 
     opportunity for surface estate owner review, the Secretary 
     may release the financial assurance required under this 
     subsection if the Secretary determines that exploration and 
     drilling operations have ended and all damages have been 
     fully compensated.
       (d) Surface Owner Notification.--The Secretary shall--
       (1) notify surface estate owners in writing at least 45 
     days in advance of lease sales;
       (2) within ten working days after a lease is issued, notify 
     surface estate owners regarding the identity of the lessee;
       (3) notify surface estate owners in writing within 10 
     working days concerning any subsequent decisions regarding a 
     lease, such as modifying or waiving stipulations and 
     approving rights-of-way; and
       (4) notify surface estate owners within five business days 
     after issuance of a drilling permit under a lease.
       (e) Regulations.--The Secretary shall issue regulations 
     implementing this section by not later than 1 year after the 
     date of the enactment of this Act.
       (f) Relationship to State Law.--Nothing in this section 
     preempts applicable State law or regulation relating to 
     surface owner protection.

     SEC. 7222. ONSHORE OIL AND GAS RECLAMATION AND BONDING.

       Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is 
     amended by adding at the end the following:
       ``(q) Reclamation Requirements.--An operator producing oil 
     or gas (including coalbed methane) under a lease issued 
     pursuant to this Act shall--
       ``(1) at a minimum restore the land affected to a condition 
     capable of supporting the uses that it was capable of 
     supporting prior to any drilling, or higher or better uses of 
     which there is reasonable likelihood, so long as such use or 
     uses do not present any actual or probable hazard to public 
     health or safety or pose any actual or probable threat of 
     water diminution or pollution, and the permit applicants' 
     declared proposed land use following reclamation is not 
     impractical or unreasonable, inconsistent with applicable 
     land use policies and plans, or involve unreasonable delay in 
     implementation, or is violative of Federal or State law;
       ``(2) ensure that all reclamation efforts proceed in an 
     environmentally sound manner and as contemporaneously as 
     practicable with the oil and gas drilling operations; and
       ``(3) submit with the plan of operations a reclamation plan 
     that describes in detail the methods and practices that will 
     be used to ensure complete and timely restoration of all 
     lands affected by oil and gas operations.
       ``(r) Reclamation Bond or Other Financial Assurances.--An 
     operator producing oil or gas (including coalbed methane) 
     under a lease issued under this Act shall post a bond or 
     other financial assurances that cover the reclamation of that 
     area of land within the permit area upon which the operator 
     will initiate and conduct oil and gas drilling and 
     reclamation operations within the initial term of the permit. 
     As succeeding increments of oil and gas drilling and 
     reclamation operations are to be initiated and conducted 
     within the permit area, the lessee shall file with the 
     regulatory authority an additional bond or bonds or other 
     financial assurances to cover such increments in accordance 
     with this section. The amount of the bond or other financial 
     assurances required for each bonded area shall depend upon 
     the reclamation requirements of the approved permit; shall 
     reflect the probable difficulty of reclamation giving 
     consideration to such factors as topography, geology of the 
     site, hydrology, and revegetation potential; and shall be 
     determined by the Secretary. The amount of the bond or other 
     financial assurances shall be sufficient to assure the 
     completion of the reclamation plan if the work had to be 
     performed by the Secretary in the event of forfeiture.
       ``(s) Regulations.--No later than one year after the date 
     of the enactment of this subsection, the Secretary shall 
     promulgate regulations to implement the requirements, 
     including for the release of bonds or other financial 
     assurances, of subsections (q) and (r).''.

     SEC. 7223. PROTECTION OF WATER RESOURCES.

       (a) Mineral Leasing Act Requirements.--Section 17 of the 
     Mineral Leasing Act (30 U.S.C. 226) is further amended by 
     adding at the end the following:
       ``(t) Water Requirements.--
       ``(1) In general.--An operator producing oil or gas 
     (including coalbed methane) under a lease issued under this 
     Act shall--
       ``(A) remediate or replace the water supply of a water user 
     who obtains all or part of such user's supply of water for 
     domestic, agricultural, or other purposes from an underground 
     or surface source that has been affected by contamination, 
     diminution, or interruption proximately resulting from 
     drilling operations for such production; and
       ``(B) comply with all applicable requirements of Federal 
     and State law for discharge of any water produced under the 
     lease.
       ``(2) Water management plan.--An application for a permit 
     to drill submitted pursuant to a lease issued under this Act 
     shall be accompanied by a proposed water management plan 
     including provisions to--
       ``(A) protect the quantity and quality of surface and 
     ground water systems, both on-site and off-site, from adverse 
     effects of the exploration, development, and reclamation 
     processes or to provide alternative sources of water if such 
     protection cannot be assured;
       ``(B) protect the rights of present users of water that 
     would be affected by operations under the lease, including 
     the discharge of any water produced in connection with such 
     operations that is not reinjected; and
       ``(C) identify any agreements with other parties for the 
     beneficial use of produced waters and the steps that will be 
     taken to comply with State and Federal laws related to such 
     use.''.
       (b) Relation to State Law.--Nothing in this chapter or any 
     amendment made by this chapter shall--
       (1) be construed as impairing or in any manner affecting 
     any right or jurisdiction of any State with respect to the 
     waters of such State; or
       (2) be construed as limiting, altering, modifying, or 
     amending any of the interstate compacts or equitable 
     apportionment decrees that apportion water among and between 
     States.
       (c) Regulations.--No later than one year after the date of 
     the enactment of this Act, the Secretary of the Interior 
     shall promulgate regulations to implement this section.
       (d) Intent of Congress.--Nothing in this section shall be 
     construed to be intended by Congress as a precedent for oil 
     and gas management on State or privately owned land.

     SEC. 7224. DUE DILIGENCE FEE.

       (a) Establishment.--The Secretary of the Interior shall, 
     within 180 days after the date of enactment of this Act, 
     issue regulations to establish a fee with respect to Federal 
     onshore lands that are subject to a lease for production of 
     oil, natural gas, or coal under which production is not 
     occurring. Such fee shall apply with respect to lands that 
     are subject to such a lease that is in effect on the date 
     final regulations are promulgated under this subsection or 
     that is issued thereafter.
       (b) Amount.--The amount of the fee shall be $1 per year for 
     each acre of land that is not in production for that year.
       (c) Assessment and Collection.--The Secretary shall assess 
     and collect the fee established under this section.
       (d) Deposit and Use.--Amounts received by the United States 
     in the form of the fee established under this section shall 
     be available to the Secretary of the Interior for use to 
     repair damage to Federal lands and resources caused by oil 
     and gas development, in accordance with the the documents 
     submitted by the President with the budget submission for 
     fiscal year 2008 relating to the Healthy Lands Initiative. 
     Amounts received by the United States as fees under this 
     section shall be treated as offsetting receipts.

                         CHAPTER 4--WIND ENERGY

     SEC. 7231. WIND TURBINE GUIDELINES ADVISORY COMMITTEE.

       (a) In General.--The Secretary of the Interior, within 30 
     days after the date of enactment of this Act, shall convene 
     or utilize an existing Wind Turbine Guidelines Advisory 
     Committee to study and make recommendations to the Secretary 
     on guidance for avoiding or minimizing impacts to wildlife 
     and their habitats related to land-based wind energy 
     facilities. The matters assessed by the Committee shall 
     include the following:
       (1) The Service Interim Guidance on Avoiding and Minimizing 
     Wildlife Impacts from Wind Turbines of 2003.
       (2) Balancing potential impacts to wildlife with 
     requirements for acquiring the information necessary to 
     assess those impacts prior to selecting sites and designing 
     facilities.

[[Page H9788]]

       (3) The scientific tools and procedures best able to assess 
     pre-development risk or benefits provided to wildlife, 
     measure post-development mortality, assess behavioral 
     modification, and provide compensatory mitigation for 
     unavoidable impacts.
       (4) A process for coordinating State, tribal, local, and 
     national review and evaluation of the impacts to wildlife 
     from wind energy consistent with State and Federal laws and 
     international treaties.
       (5) Determination of project size thresholds or impacts 
     below which guidelines may not apply.
       (6) Appropriate timetables for phasing-in guidance.
       (7) Current State actions to avoid and minimize wildlife 
     impacts from wind turbines in consultation with State 
     wildlife agencies.
       (b) Committee Operations.--The Wind Turbine Guidelines 
     Advisory Committee shall conduct its activities in accordance 
     with the Federal Advisory Committee Act (5 U.S.C. App.). The 
     Secretary is authorized to provide such technical analyses 
     and support as is requested by such advisory committee.
       (c) Committee Membership.--The membership of the Wind 
     Turbine Guidelines Advisory Committee shall not exceed 20 
     members, and shall be appointed by the Secretary of the 
     Interior to achieve balanced representation of wind energy 
     development, wildlife conservation, and government. The 
     members shall include representatives from the United States 
     Fish and Wildlife Service and other Federal agencies, and 
     representatives from other interested persons, including 
     States, tribes, wind energy development organizations, 
     nongovernmental conservation organizations, and local 
     regulatory or licensing commissions.
       (d) Report.--The Wind Turbine Advisory Committee shall, 
     within 18 months after the date of enactment of this Act, 
     submit a report to Congress and the Secretary providing 
     recommended guidance for developing effective measures to 
     protect wildlife resources and enhance potential benefits to 
     wildlife that may be identified.
       (e) Issuance of Guidance.--Not later than 6 months after 
     receiving the report of the Wind Turbine Guidelines Advisory 
     Committee under subsection (d), the Secretary shall following 
     public notice and comment issue final guidance to avoid and 
     minimize impacts to wildlife and their habitats related to 
     land-based wind energy facilities. Such guidance shall be 
     based upon the findings and recommendations made in the 
     report.

     SEC. 7232. AUTHORIZATION OF APPROPRIATIONS FOR RESEARCH TO 
                   STUDY WIND ENERGY IMPACTS ON WILDLIFE.

       There is authorized to be appropriated to the Secretary of 
     the Interior $2,000,000 for each of fiscal years 2008 through 
     2015 for new and ongoing research efforts to evaluate methods 
     for minimizing wildlife impacts at wind energy projects and 
     to explore effective mitigation methods that may be utilized 
     for that purpose.

     SEC. 7233. ENFORCEMENT.

       The Secretary shall enforce the Endangered Species Act of 
     1973, the Migratory Bird Treaty Act, the Bald Eagle 
     Protection Act, the Golden Eagle Protection Act, the Marine 
     Mammal Protection Act of 1973, the National Environmental 
     Policy Act of 1969, and any other relevant Federal law to 
     address adverse wildlife impacts related to wind projects. 
     Nothing in this section preempts State enforcement of 
     applicable State laws.

     SEC. 7234. SAVINGS CLAUSE.

       Nothing in this chapter preempts any provision of State law 
     or regulation relating to the siting of wind projects or to 
     consideration or review of any environmental impacts of wind 
     projects.

                CHAPTER 5--ENHANCING ENERGY TRANSMISSION

     SEC. 7241. POWER MARKETING ADMINISTRATIONS REPORT.

       (a) Analysis.--The Secretary of Energy, acting through the 
     Administrator of the Bonneville Area Power Marketing 
     Administration in consultation with the Western Area Power 
     Marketing Administration, and in coordination with regional 
     transmission entities, shall conduct, or participate with 
     such regional transmission entities to conduct, an analysis 
     of the existing capacity of transmission systems serving the 
     States of California, Oregon, and Washington to determine 
     whether the existing capacity is adequate to accommodate and 
     integrate development and commercial operation of ocean wave, 
     tidal, and current energy projects in State and Federal 
     marine waters adjacent to those States.
       (b) Report.--Based on the analysis conducted under 
     subsection (a), the Secretary of Energy shall prepare and 
     provide to the Natural Resources Committee of the House of 
     Representatives and the Energy and Natural Resources 
     Committee of the Senate, not later than one year after the 
     date of enactment of this Act, a report identifying changes 
     required, if any, in the capacity of existing transmission 
     systems serving the States referred to in subsection (a) in 
     order to reliably and efficiently accommodate and integrate 
     generation from commercial ocean wave, tidal, and current 
     energy projects in aggregate, escalating amounts equal to 
     2.5, 5, and 10 percent of the current electrical energy 
     consumption in those States.
       (c) Activities Nonreimbursable.--Activities carried out 
     under subsection (a) or (b) shall be nonreimbursable.
       (d) Existing Procedures and Queuing Not Affected.--Nothing 
     in this section supercedes existing procedures and queuing 
     pursuant to the appropriate Open Access Transmission Tariffs 
     filed by the Administrators of the Bonneville and Western 
     Area Power Administrations.

             Subtitle C--Alternative Energy and Efficiency

     SEC. 7301. STATE OCEAN AND COASTAL ALTERNATIVE ENERGY 
                   PLANNING.

       (a) In General.--The Coastal Zone Management Act of 1972 
     (16 U.S.C. 1451 et seq.) is amended by inserting after 
     section 306A the following:


   ``OCEAN AND COASTAL ALTERNATIVE ENERGY STATE SURVEYS; ALTERNATIVE 
                ENERGY SITE IDENTIFICATION AND PLANNING

       ``Sec. 306B.  (a) Grants to States.--The Secretary may make 
     grants to eligible coastal States to support voluntary State 
     efforts to initiate and complete surveys of portions of 
     coastal State waters and Federal waters adjacent to a State's 
     coastal zone, in consultation with the Minerals Management 
     Service, to identify potential areas suitable or unsuitable 
     for the exploration, development, and production of 
     alternative energy that are consistent with the enforceable 
     policies of coastal management plans approved pursuant to 
     section 306(d).
       ``(b) Survey Elements.--Surveys developed with grants under 
     this section may include, but not be limited to--
       ``(1) hydrographic and bathymetric surveys;
       ``(2) oceanographic observations and measurements of the 
     physical ocean environment, especially seismically active 
     areas;
       ``(3) identification and characterization of significant or 
     sensitive marine ecosystems or other areas possessing 
     important conservation, recreational, ecological, historic, 
     or aesthetic values;
       ``(4) surveys of existing marine uses in the outer 
     Continental Shelf and identification of potential conflicts;
       ``(5) inventories and surveys of shore locations and 
     infrastructure capable of supporting alternative energy 
     development;
       ``(6) inventories and surveys of offshore locations and 
     infrastructure capable of supporting alternative energy 
     development; and
       ``(7) other actions as may be necessary.
       ``(c) Participation and Cooperation.--To the extent 
     practicable, coastal States shall provide opportunity for the 
     participation in surveys under this section by relevant 
     Federal agencies, State agencies, local governments, regional 
     organizations, port authorities, and other interested parties 
     and stakeholders, public and private, that is adequate to 
     develop a comprehensive survey.
       ``(d) Guidelines.--The Secretary shall, within 180 days 
     after the date of enactment of this section and after 
     consultation with the coastal States, publish guidelines for 
     the application for and use of grants under this section.
       ``(e) Annual Grants.--For each of fiscal years 2008 through 
     2011, the Secretary may make a grant to a coastal State under 
     this section if the coastal State demonstrates to the 
     satisfaction of the Secretary that the grant will be used to 
     develop an alternative energy survey consistent with the 
     requirements set forth in this section.
       ``(f) Grant Amounts.--The amount of any grant under this 
     section shall not exceed $750,000 for any fiscal year.
       ``(g) State Match.--
       ``(1) Before fiscal year 2010.--The Secretary shall not 
     require any State matching fund contribution for grants 
     awarded under this section for any fiscal year before fiscal 
     year 2010.
       ``(2) After fiscal year 2010.--The Secretary shall require 
     a coastal State to provide a matching fund contribution for a 
     grant under this section for surveys of a State's coastal 
     waters, according to--
       ``(A) a 2-to-1 ratio of Federal-to-State contributions for 
     fiscal year 2010; and
       ``(B) a 1-to-1 ratio of Federal-to-State contributions for 
     fiscal year 2011.
       ``(3) Limitation.--The Secretary shall not require any 
     matching funds for surveys of Federal waters adjacent to a 
     State's coastal zone.
       ``(h) Secretarial Review.--After an initial grant is made 
     to a coastal State under this section, no subsequent grant 
     may be made to that coastal State under this section unless 
     the Secretary finds that the coastal State is satisfactorily 
     developing its survey.
       ``(i) Limitation on Eligibility.--No coastal State is 
     eligible to receive grants under this section for more than 4 
     fiscal years.
       ``(j) Applicability.--This section and the surveys 
     conducted with assistance under this section shall not be 
     construed to convey any new authority to any coastal State, 
     or repeal or supersede any existing authority of any Federal 
     agency, to regulate the siting, licensing, leasing, or 
     permitting of alternative energy facilities in areas of the 
     outer Continental Shelf under the administration of the 
     Federal Government. Nothing in this section repeals or 
     supersedes any existing coastal State authority pursuant to 
     State or Federal law.
       ``(k) Priority.--Any area that is identified as suitable 
     for potential alternative energy development under surveys 
     developed with assistance under this section shall be given 
     priority consideration by Federal agencies for the siting, 
     licensing, leasing, or permitting of alternative energy 
     facilities. Any area that is identified as unsuitable under 
     surveys developed with assistance under this section shall be 
     avoided by Federal agencies to the maximum extent 
     practicable.
       ``(l) Assistance by the Secretary.--The Secretary shall--
       ``(1) under section 307(a) and to the extent practicable, 
     make available to coastal States

[[Page H9789]]

     the resources and capabilities of the National Oceanic and 
     Atmospheric Administration to provide technical assistance to 
     the coastal States to develop surveys under this section; and
       ``(2) encourage other Federal agencies with relevant 
     expertise to participate in providing technical assistance 
     under this subsection.''.
       (b) Authorization of Appropriations.--Section 318(a) of the 
     Coastal Zone Management Act of 1972 (16 U.S.C. 1464) is 
     amended--
       (1) in paragraph (1)(C) by striking ``and'' after the 
     semicolon;
       (2) in paragraph (2), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(3) for grants under section 306B such sums as are 
     necessary; and''.

     SEC. 7302. CANAL-SIDE POWER PRODUCTION AT BUREAU OF 
                   RECLAMATION PROJECTS.

       (a) Evaluation and Report.--Not later than one year after 
     the date of the enactment of this Act, the Secretary of the 
     Interior shall complete an evaluation and report to Congress 
     on the potential for developing rights-of-way along Bureau of 
     Reclamation canals and infrastructure for solar or wind 
     energy production through leasing of lands or other means. 
     The report to Congress shall specify--
       (1) location of potential rights-of-way for energy 
     production;
       (2) total acreage available for energy production;
       (3) existing transmission infrastructure at sites;
       (4) estimates of fair market leasing value of potential 
     energy sites; and
       (5) estimate energy development potential at sites.
       (b) Consultation.--In carrying out this section the 
     Secretary of the Interior shall consult with persons that 
     would be affected by development of rights-of-ways referred 
     to in subsection (a), including the beneficiaries of the 
     canal and infrastructure evaluated under that subsection.
       (c) Limitations.--Nothing in this section--
       (1) shall be construed to authorize the Bureau of 
     Reclamation or any contractor hired by the Bureau of 
     Reclamation to inventory or access rights-of-way owned or 
     operated and maintained by non-Federal interests, unless such 
     interests provide written permission for such inventory or an 
     agreement or contract governing Federal access is in effect;
       (2) shall be construed to impede accessibility, impair 
     project operations and maintenance, or create additional 
     costs for entities managing the rights-of-way; or
       (3) shall be used as the basis of an increase in project-
     use power or preference power costs that will be borne by the 
     consumer.

     SEC. 7303. INCREASING ENERGY EFFICIENCIES FOR WATER 
                   DESALINATION.

       The Water Desalination Act of 1996 (42 U.S.C. 10301 note; 
     Public Law 104-298) is amended by adding at the end the 
     following new section:

     ``SEC. 10. RESEARCH ON REVERSE OSMOSIS TECHNOLOGY FOR WATER 
                   DESALINATION AND WATER RECYCLING.

       ``(a) Research Program.--The Secretary of the Interior, in 
     consultation with the Secretary of Energy, shall implement a 
     program to research methods for improving the energy 
     efficiency of reverse osmosis technology for water 
     desalination, water contamination, and water recycling.
       ``(b) Report.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of the Interior 
     shall submit to Congress a report which shall include--
       ``(1) a review of existing and emerging technologies, both 
     domestic and international, that are likely to improve energy 
     efficiency or utilize renewable energy sources at existing 
     and future desalination and recycling facilities; and
       ``(2) an analysis of the economic viability of energy 
     efficiency technologies.''.

     SEC. 7304. ESTABLISHING A PILOT PROGRAM FOR THE DEVELOPMENT 
                   OF STRATEGIC SOLAR RESERVES ON FEDERAL LANDS.

       (a) Purpose.--The purpose of this section is to establish a 
     pilot program for the development of strategic solar reserves 
     on Federal lands for the advancement, development, 
     assessment, and installation of commercial solar electric 
     energy systems.
       (b) Strategic Solar Reserve Pilot Program.--
       (1) Site selection.--The Secretary of the Interior, in 
     consultation with the Secretary of Energy, the Secretary of 
     Defense, and the Federal Energy Regulatory Commission, 
     States, tribal, or local units of governments, as 
     appropriate, affected utility industries, and other 
     interested persons, shall complete the following:
       (A) Identify Federal lands under the jurisdiction of the 
     Bureau of Land Management, subject to valid existing rights, 
     that are suitable and feasible for the installation of solar 
     electric energy systems sufficient to create a solar energy 
     reserve of no less than 4 GW and no more than 25 GW.
       (B) Perform any environmental reviews that may be required 
     to complete the designation of such solar reserves.
       (C) Incorporate the designated solar reserves into the 
     relevant agency land use and resource management plans or 
     equivalent plans.
       (D) Identify the needed transmission upgrades to the solar 
     reserves.
       (2) Minimum power of sites.--Each site identified as 
     suitable and feasible for the installation of solar electric 
     energy systems shall be sufficient for the installation of at 
     least 1 GW.
       (3) Lands not included.--The following Federal lands shall 
     not be included within a strategic solar reserve site:
       (A) Components of the National Landscape Conservation 
     System.
       (B) Areas of Critical Environmental Concern.
       (4) Implementation of the pilot program for strategic solar 
     reserves.--
       (A)  In general.--The Secretary of the Interior, in 
     consultation with the Secretary of Energy and following the 
     completion of the requirements under paragraph (1)(B), shall 
     expeditiously implement a strategic solar reserve pilot 
     program in order to issue rights-of-way on land identified 
     under paragraph (1)(A) to produce no less than 4 GW and no 
     more than 25 GW of solar electric power from that land.
       (B) Criteria for applications.--The Secretary of the 
     Interior, in consultation with the Secretary of Energy, shall 
     establish criteria for approving applications to obtain 
     rights-of-way on land under this paragraph based, in part, on 
     the proposed solar electric energy technologies proposed to 
     be used on such rights-of-way.
       (C) Variety of technologies.--The Secretary of the 
     Interior, in consultation with the Secretary of Energy, shall 
     provide for a variety of solar electric energy technologies 
     to be used on rights-of-way on land under this paragraph.
       (D)  Milestones.--The Secretary of the Interior, in 
     consultation with the Secretary of Energy, shall develop 
     milestones for activities on rights-of-way on land under this 
     paragraph to ensure due diligence in the development of such 
     land.
       (5) Environmental compliance.--The Secretary of the 
     Interior shall complete all necessary environmental surveys, 
     compliance, and permitting for rights-of-way pursuant to 
     title V of the Federal Land Policy and Management Act of 1976 
     for each strategic solar reserve, as expeditiously as 
     possible. Each applicant shall pay all costs of environmental 
     compliance, including when a determination is made that the 
     land that is the subject of the application is not suitable 
     and feasible for installation or the bid is withdrawn 
     following the initiation of such environmental compliance.
       (6) Permits.--The Secretary of the Interior shall ensure 
     that all strategic solar reserve installations pursuant to 
     this section are permitted using an expedited permitting 
     process. The Secretary shall, in consultation with the 
     Secretary of Energy, complete the preparation of a 
     Programmatic Environmental Impact Statement by the 
     Departments of Energy and the Interior for purposes of this 
     section.
       (7) Rental fee; right-of-way term.--
       (A) Rental fee.--The rental fee for each strategic solar 
     reserve right-of-way under this subsection shall be in the 
     amount of $300 per acre per year for the initial 10-year 
     period, except that the rental fee shall be phased-in for a 
     right-of-way during the initial 3 years after the signing of 
     the right-of-way authorization. For the first year the rental 
     fee shall be 25 percent of that amount. For the second year 
     the rental fee shall be 50 percent of that amount. For the 
     third year and each year thereafter the fee shall be 100 
     percent of that amount, except that the rental fee after the 
     initial 10-year period shall be adjusted by the Secretary of 
     the Interior according to the Gross Domestic Product Implicit 
     Price Deflator each year for the remainder of the term of the 
     right-of-way authorization. The rental fee shall be paid in 
     annual payments commencing on the day the right-of-way 
     authorization is signed. The rental fee established by this 
     paragraph shall apply to all solar electric projects that 
     have pending applications with the Bureau of Land Management 
     as of June 1, 2007.
       (B) Term.--Each right-of-way authorization shall be 
     effective for an initial term of 30 years. Such term may be 
     extended by the Secretary of the Interior for periods of 10 
     years.
       (8) Report to congress.--The Secretary of the Interior, in 
     consultation with the Secretary of Energy, shall submit a 
     report to Congress on the findings of the pilot program--
       (A) not later than 3 years after the installation of the 
     first facility pursuant to this section; and
       (B) 10 years after the installation of the first facility 
     pursuant to this section.
       (c) Buy American Act.--Beginning 3 years after the date of 
     enactment of this Act, any equipment used on lands included 
     within a strategic solar reserve site must be American-made, 
     as that term is used in the Buy American Act (41 U.S.C. 10a 
     et seq.).
       (d) Sunset.--Except as provided in subsection (b)(7), the 
     authorities contained in this section shall expire 10 years 
     after the date of the enactment of this Act.

     SEC. 7305. OTEC REGULATIONS.

       The Administrator of the National Oceanic and Atmospheric 
     Administration shall, within two years after the date of 
     enactment of this Act, issue regulations necessary to 
     implement the Administrator's authority to license offshore 
     thermal energy conversion facilities under the Ocean Thermal 
     Energy Conversion Research, Development, and Demonstration 
     Act (42 U.S.C. 9001 et seq.).

     SEC. 7306. BIOMASS UTILIZATION PILOT PROGRAM.

       (a) Replacement of Current Grant Program.--Section 210 of 
     the Energy Policy Act of 2005 (42 U.S.C. 15855) is amended to 
     read as follows:

[[Page H9790]]

     ``SEC. 210. BIOMASS UTILIZATION PILOT PROGRAM.

       ``(a) Findings.--Congress finds the following:
       ``(1) The supply of woody biomass for energy production is 
     directly linked to forest management planning to a degree far 
     greater than in the case of other types of energy 
     development.
       ``(2) As a consequence of this linkage, the process of 
     developing and evaluating appropriate technologies and 
     facilities for woody biomass energy and utilization must be 
     integrated with long-term forest management planning 
     processes, particularly in situations where Federal lands 
     dominate the forested landscape.
       ``(b) Biomass Definition for Federal Forest Lands.--In this 
     section, with respect to organic material removed from 
     National Forest System lands or from public lands 
     administered by the Secretary of the Interior, the term 
     `biomass' covers only organic material from--
       ``(1) ecological forest restoration;
       ``(2) small-diameter byproducts of hazardous fuels 
     treatments;
       ``(3) pre-commercial thinnings;
       ``(4) brush;
       ``(5) mill residues; and
       ``(6) slash.
       ``(c) Pilot Program.--The Secretary of Agriculture and the 
     Secretary of the Interior shall establish a pilot program, to 
     be known as the `Biomass Utilization Pilot Program', 
     involving 10 different forest types on Federal lands, under 
     which the Secretary concerned will provide technical 
     assistance and grants to persons to support the following 
     biomass-related activities:
       ``(1) The development of biomass utilization infrastructure 
     to support hazardous fuel reduction and ecological forest 
     restoration.
       ``(2) The research and implementation of integrated 
     facilities that seek to utilize woody biomass for its highest 
     and best uses, with particular emphasis on projects that are 
     linked to implementing community wildfire protection plans, 
     ecological forest restoration, and economic development in 
     rural communities.
       ``(3) The testing of multiple technologies and approaches 
     to biomass utilization for energy, with emphasis on improving 
     energy efficiency, developing thermal applications and 
     distributed heat, biofuels, and achieving cleaner emissions 
     including through combustion with other fuels, as well as 
     other value-added uses.
       ``(d) Biomass Supply Study.--Prior to the development of 
     any biomass utilization pilot projects, the Secretary 
     concerned shall develop a study to determine the long-term, 
     ecologically sustainable, biomass supply available in the 
     pilot program area. The study shall incorporate results form 
     coordinated resource offering protocol (CROP) studies. The 
     study shall also analyze the long-term availability of 
     biomass materials within a reasonable transportation 
     distance. The biomass supply studies shall be developed 
     through a collaborative approach, as evidenced by the broad 
     involvement, analysis, and agreement of interested persons, 
     including local governments, energy developers, 
     conservationists, and land management agencies. The Secretary 
     concerned may direct a resource advisory committee 
     established under section 205 of the Secure Rural Schools and 
     Community Self-Determination Act of 2000 (16 U.S.C. 500 note; 
     Public Law 106-393), and reauthorized by the amendments made 
     by Public Law 110-28, to carry out the requirements of this 
     subsection. The results of the biomass supply study shall be 
     a basis for determining the project scale, as outlined in 
     subsection (g).
       ``(e) Exclusion of Certain Federal Land.--The following 
     Federal lands may not be included within a pilot project 
     site:
       ``(1) Federal land containing old-growth forest or late-
     successional forest, unless the Secretary concerned 
     determines that the pilot project on such land is appropriate 
     for the applicable forest type and maximizes and enhances the 
     retention of late-successional and large- and old-growth 
     trees, late-successional and old-growth forest structure, and 
     late-successional and old-growth forest composition.
       ``(2) Federal land on which the removal of vegetation is 
     prohibited, including components of the National Wilderness 
     Preservation System.
       ``(3) Wilderness Study Areas.
       ``(4) Inventoried roadless areas.
       ``(5) Components of the National Landscape Conservation 
     System.
       ``(6) National Monuments.
       ``(f) Multiple Projects.--In conducting the pilot program, 
     the Secretary concerned shall include a variety of projects 
     involving--
       ``(1) innovations in facilities of various sizes and 
     processing techniques; and
       ``(2) the full spectrum of woody biomass producing regions 
     of the United States.
       ``(g) Selection Criteria and Project Scale.--In selecting 
     the projects to be conducted under the pilot program, and the 
     appropriate scale of projects, the Secretary concerned shall 
     consider criteria that evaluate existing economic, 
     ecological, and social conditions, focusing on opportunities 
     such as workforce training, job creation, ecosystem health, 
     reducing energy costs, and facilitating the production of 
     alternative energy fuels. The agreement on the scale of a 
     project shall be reached through a collaborative approach, as 
     evidenced by the broad involvement, analysis, and agreement 
     of interested persons, including local governments, energy 
     developers, conservationists, and land management agencies. 
     In selecting the appropriate scale of projects to be 
     conducted under the pilot program, the Secretary concerned 
     shall also consider the results of the supply study as 
     outlined in subsection (d).
       ``(h) Monitoring and Reporting Requirements.--As part of 
     the pilot program, the Secretary concerned shall impose 
     monitoring and reporting requirements to ensure that the 
     ecological, social, and economic effects of the projects 
     conducted under the pilot program are being monitored and 
     that the accomplishments, challenges, and lessons of each 
     project are recorded and reported.
       ``(i) Other Definitions.--In this section:
       ``(1) Highest and best use.--The term `highest and best 
     use', with regard to biomass, means--
       ``(A) creating from raw materials those products and those 
     biomass uses that will achieve the highest market value; and
       ``(B) yielding a wide range of existing and innovative 
     products and biomass uses that create new markets, stimulate 
     existing ones, and improve rural economies, maintains or 
     improves ecosystem integrity, while also supporting 
     traditional biomass energy generation.
       ``(2) Pilot program.--The term `pilot program' means the 
     Biomass Utilization Pilot Program established pursuant to 
     this section.
       ``(3) Secretary concerned.--The term `Secretary concerned' 
     means the Secretary of Agriculture, with respect to National 
     Forest System lands, and the Secretary of the Interior, with 
     respect to public lands administered by the Secretary of the 
     Interior.
       ``(4) Community wildfire protection plan.--The term 
     `community wildfire protection plan' has the meaning given 
     that term in section 101(3) of the Healthy Forest Restoration 
     Act of 2003 (16 U.S.C. 6511(3)), which is further described 
     by the Western Governors Association in the document entitled 
     `Preparing a Community Wildfire Protection Plan: A Handbook 
     for Wildland-Interface Communities' and dated March 2004.
       ``(5) Federal land.--The term `Federal land' means--
       ``(A) land of the National Forest System (as defined in 
     section 11(a) of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1609(a)) administered by the 
     Secretary of Agriculture, acting through the Chief of the 
     Forest Service; and
       ``(B) public lands (as defined in section 103 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1702)), the surface of which is administered by the Secretary 
     of the Interior, acting through the Director of the Bureau of 
     Land Management.
       ``(6) Inventoried roadless area.--The term `Inventoried 
     roadless area' means one of the areas identified in the set 
     of inventoried roadless areas maps contained in the Forest 
     Service Roadless Areas Conservation, Final Environmental 
     Impact Statement, Volume 2, dated November 2000.
       ``(j) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     the pilot program.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by striking the item relating to 
     section 210 and inserting the following new item:

``Sec. 210. Biomass utilization pilot program.''.

     SEC. 7307. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT.

       The Secretary of Commerce and the Secretary of the Interior 
     shall, in cooperation with the Federal Energy Regulatory 
     Commission and the Secretary of Energy, and in consultation 
     with appropriate State agencies, jointly prepare programmatic 
     environmental impact statements which contain all the 
     elements of an environmental impact statement under section 
     102 of the National Environmental Policy Act of 1969 (42 
     U.S.C. 4332), regarding the impacts of the deployment of 
     marine and hydrokinetic renewable energy technologies in the 
     navigable waters of the United States. One programmatic 
     environmental impact statement shall be prepared under this 
     section for each of the Environmental Protection Agency 
     regions of the United States. The agencies shall issue the 
     programmatic environmental impact statements under this 
     section not later than 18 months after the date of enactment 
     of this Act. The programmatic environmental impact statements 
     shall evaluate among other things the potential impacts of 
     site selection on fish and wildlife and related habitat. 
     Nothing in this section shall operate to delay consideration 
     of any application for a license or permit for a marine and 
     hydrokinetic renewable energy technology project.

        Subtitle D--Carbon Capture and Climate Change Mitigation

             CHAPTER 1--GEOLOGICAL SEQUESTRATION ASSESSMENT

     SEC. 7401. SHORT TITLE.

       This chapter may be cited as the ``National Carbon Dioxide 
     Storage Capacity Assessment Act of 2007''.

     SEC. 7402. NATIONAL ASSESSMENT.

       (a) Definitions.--In this section:
       (1) Assessment.--The term ``assessment'' means the national 
     assessment of capacity for carbon dioxide completed under 
     subsection (f).

[[Page H9791]]

       (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 section to ensure the maximum 
     usefulness and success of the assessment.
       (B) Cooperation.--The Secretary of Energy and the 
     Administrator shall cooperate with the Secretary to ensure, 
     to the maximum extent practicable, the usefulness and success 
     of the assessment.
       (2) State coordination.--The Secretary shall consult with 
     State geological surveys and other relevant entities to 
     ensure, to the maximum extent practicable, the usefulness and 
     success of the assessment.
       (d) External Review and Publication.--On completion of the 
     methodology under subsection (b), the Secretary shall--
       (1) publish the methodology and solicit comments from the 
     public and the heads of affected Federal and State agencies;
       (2) establish a panel of individuals with expertise in the 
     matters described in paragraphs (1) through (5) of subsection 
     (b) composed, as appropriate, of representatives of Federal 
     agencies, institutions of higher education, nongovernmental 
     organizations, State organizations, industry, and 
     international geoscience organizations to review the 
     methodology and comments received under paragraph (1); and
       (3) on completion of the review under paragraph (2), 
     publish in the Federal Register the revised final 
     methodology.
       (e) Periodic Updates.--The methodology developed under this 
     section shall be updated periodically (including at least 
     once every 5 years) to incorporate new data as the data 
     becomes available.
       (f) National Assessment.--
       (1) In general.--Not later than 2 years after the date of 
     publication of the methodology under subsection (d)(1), the 
     Secretary, in consultation with the Secretary of Energy and 
     State geological surveys, shall complete a national 
     assessment of capacity for carbon dioxide in accordance with 
     the methodology.
       (2) Geological verification.--As part of the assessment 
     under this subsection, the Secretary shall carry out a 
     drilling program to supplement the geological data relevant 
     to determining 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 Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report describing the findings 
     under the assessment.
       (6) Periodic updates.--The national assessment developed 
     under this section shall be updated periodically (including 
     at least once every 5 years) to support public and private 
     sector decisionmaking.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $30,000,000 for 
     the period of fiscal years 2008 through 2012.

            CHAPTER 2--TERRESTRIAL SEQUESTRATION ASSESSMENT

     SEC. 7421. REQUIREMENT TO CONDUCT AN ASSESSMENT.

       (a) In General.--The Secretary of the Interior, acting 
     through the United States Geological Survey, shall--
       (1) conduct an assessment of the amount of carbon stored in 
     terrestrial, aquatic, and coastal ecosystems (including 
     estuaries);
       (2) determine the processes that control the flux of carbon 
     in and out of each ecosystem;
       (3) estimate the potential for increasing carbon 
     sequestration in natural systems through management measures 
     or restoration activities in each ecosystem; and
       (4) develop near-term and long-term adaptation strategies 
     that can be employed to enhance the sequestration of carbon 
     in each ecosystem.
       (b) Use of Native Plant Species.--In developing management 
     measures, restoration activities, or adaptation strategies, 
     the Secretary shall emphasize the use of native plant species 
     for each ecosystem.
       (c) Consultation.--The Secretary shall develop the 
     methodology and conduct the assessment in consultation with 
     the Secretary of Energy, the Administrator of the National 
     Oceanic and Atmospheric Administration, and the heads of 
     other relevant agencies.

     SEC. 7422. METHODOLOGY.

       (a) In General.--Within one year after the date of 
     enactment of this Act, the Secretary shall develop a 
     methodology for conducting the assessment.
       (b) Publication of Proposed Methodology; Comment.--Upon 
     completion of a proposed methodology, the Secretary shall 
     publish the proposed methodology and solicit comments from 
     the public and heads of affected Federal and State agencies 
     for 60 days before publishing a final methodology.

     SEC. 7423. COMPLETION OF ASSESSMENT AND REPORT.

       The Secretary shall--
       (1) complete the national assessment within 3 years after 
     publication of the final methodology under section 7422; and
       (2) submit a report describing the results of the 
     assessment to the House Committee on Natural Resources and 
     the Senate Committee on Energy and Natural Resources within 
     180 days after the assessment is completed.

     SEC. 7424. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     chapter $15,000,000 for the period of fiscal years 2008 
     through 2012.

                  CHAPTER 3--SEQUESTRATION ACTIVITIES

     SEC. 7431. CARBON DIOXIDE STORAGE INVENTORY.

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

     SEC. 7432. FRAMEWORK FOR GEOLOGICAL CARBON SEQUESTRATION ON 
                   FEDERAL LANDS.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary of the Interior shall submit to the 
     Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report on a recommended regulatory 
     and certification framework for conducting geological carbon 
     sequestration activities on Federal lands. The Secretary 
     shall identify a lead agency within the Department of the 
     Interior to develop this framework. One of the goals of the 
     framework shall be to identify what actions need to be taken 
     in order to allow for commercial-scale geological carbon 
     sequestration activities to be undertaken on Federal lands as 
     expeditiously as possible.

           CHAPTER 4--NATURAL RESOURCES AND WILDLIFE PROGRAMS

     Subchapter A--Natural Resources Management and Climate Change

     SEC. 7441. NATURAL RESOURCES MANAGEMENT COUNCIL ON CLIMATE 
                   CHANGE.

       (a) Establishment.--The Secretary of the Interior shall 
     establish a National Resources Management Council on Climate 
     Change to address the impacts of climate change on Federal 
     lands, the ocean environment, and the Federal water 
     infrastructure. The Council shall include the head of each of 
     the following agencies:
       (1) The Bureau of Land Management.
       (2) The National Park Service.
       (3) United States Geological Survey.
       (4) The United States Fish and Wildlife Service.
       (5) The Forest Service.
       (6) The Bureau of Reclamation.
       (7) The Council on Environmental Quality.
       (8) The Minerals Management Service.
       (9) The Office of Surface Mining Reclamation and 
     Enforcement.

[[Page H9792]]

       (b) Plan.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of the Interior shall 
     submit a plan to Congress describing what the agencies listed 
     in subsection (a) shall do both individually and 
     cooperatively to accomplish the following:
       (1) Working in cooperation with the United States 
     Geological Survey, develop an interagency inventory and 
     Geographic Information System database of United States 
     ecosystems, water supplies, and water infrastructure 
     vulnerable to climate change.
       (2) Manage land, water, and ocean resources in a manner 
     that takes into account projected climate change impacts, 
     including but not limited to, prolonged periods of drought 
     and changing hydrology.
       (3) Develop consistent protocols to incorporate climate 
     change impacts in land and water management decisions across 
     land and water resources under the jurisdiction of those 
     agencies listed in subsection (a).
       (4) Incorporate the most current, peer-reviewed science on 
     climate change and the economic, social, and ecological 
     impacts of climate change into the decision making process of 
     those agencies listed in subsection (a).
       (c) Coordination.--The activities of the Natural Resources 
     Management Council on Climate Change shall be coordinated 
     with the activities of the United States Global Change 
     Research Program.

        Subchapter B--National Policy and Strategy for Wildlife

     SEC. 7451. SHORT TITLE.

       This subchapter may be cited as the ``Global Warming 
     Wildlife Survival Act''.

     SEC. 7452. NATIONAL POLICY ON WILDLIFE AND GLOBAL WARMING.

       It is the policy of the Federal Government, in cooperation 
     with State, tribal, and affected local governments, other 
     concerned public and private organizations, landowners, and 
     citizens to use all practicable means and measures--
       (1) to assist wildlife populations and their habitats in 
     adapting to and surviving the effects of global warming; and
       (2) to ensure the persistence and resilience of the 
     wildlife of the United States, together with its habitat, as 
     an essential part of our Nation's culture, landscape, and 
     natural resources.

     SEC. 7453. DEFINITIONS.

       In this chapter:
       (1) Ecological processes.--The term ``ecological 
     processes'' means the biological, chemical, and physical 
     interactions between the biotic and abiotic components of 
     ecosystems, including nutrient cycling, pollination, 
     predator-prey relationships, soil formation, gene flow, 
     hydrologic cycling, decomposition, and disturbance regimes 
     such as fire and flooding.
       (2) Habitat linkages.--The term ``habitat linkages'' means 
     areas that connect wildlife habitat or potential wildlife 
     habitat, and that facilitate the ability of wildlife to move 
     within a landscape in response to the effects of global 
     warming.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) Wildlife.--The term ``wildlife'' means--
       (A) any species of wild, free-ranging fauna, including fish 
     and other aquatic species; and
       (B) any fauna in a captive breeding program the object of 
     which is to reintroduce individuals of a depleted indigenous 
     species into previously occupied range.
       (5) Habitat.--The term ``habitat'' means the physical, 
     chemical, and biological properties that are used by wildlife 
     for growth, reproduction, and survival, including aquatic and 
     terrestrial plant communities, food, water, cover, and space, 
     on a tract of land, in a body of water, or in an area or 
     region.

     SEC. 7454. NATIONAL STRATEGY.

       (a) Requirement.--
       (1) In general.--The Secretary shall, within two years 
     after the date of the enactment of this Act, on the basis of 
     the best available science as provided by the science 
     advisory board under section 7455, and in cooperation with 
     State fish and wildlife agencies and Indian tribes, 
     promulgate a national strategy for assisting wildlife 
     populations and their habitats in adapting to the impacts of 
     global warming.
       (2) Consultation and comment.--In developing the national 
     strategy, the Secretary shall--
       (A) consult with the Secretary of Agriculture, the 
     Secretary of Commerce, the Administrator of the Environmental 
     Protection Agency, local governments, conservation 
     organizations, scientists, and other interested stakeholders; 
     and
       (B) provide opportunity for public comment.
       (b) Contents.--
       (1) In general.--The Secretary shall include in the 
     national strategy prioritized goals and measures to--
       (A) identify and monitor wildlife populations, including 
     game species, likely to be adversely affected by global 
     warming, with particular emphasis on wildlife populations at 
     greatest need for conservation;
       (B) identify and monitor coastal, marine, terrestrial, and 
     freshwater habitat at greatest risk of being damaged by 
     global warming;
       (C) assist species in adapting to the impacts of global 
     warming;
       (D) protect, acquire, and restore wildlife habitat to build 
     resilience to global warming;
       (E) provide habitat linkages and corridors to facilitate 
     wildlife movements in response to global warming;
       (F) restore and protect ecological processes that sustain 
     wildlife populations vulnerable to global warming; and
       (G) incorporate consideration of climate change in, and 
     integrate climate change adaptation strategies for wildlife 
     and its habitat into, the planning and management of Federal 
     lands administered by the Department of the Interior and 
     lands administered by the Forest Service.
       (2) Coordination with other plans.--In developing the 
     national strategy, the Secretary shall to the maximum extent 
     practicable--
       (A) take into consideration research and information in 
     State comprehensive wildlife conservation plans, the North 
     American Waterfowl Management Plan, the National Fish Habitat 
     Action Plan, and other relevant plans; and
       (B) coordinate and integrate, to the extent consistent with 
     the policy set forth in section 7452, the goals and measures 
     identified in the national strategy with goals and measures 
     identified in such plans.
       (c) Revision.--The Secretary shall revise the national 
     strategy not later than five years after its initial 
     promulgation, and not later than every ten years thereafter, 
     to reflect new information on the impacts of global warming 
     on wildlife and its habitat and advances in the development 
     of strategies for adapting to or mitigating for such impacts.
       (d) Implementation.--
       (1) Implementation on federal land systems.--To achieve the 
     goals of the national strategy and to implement measures for 
     the conservation of wildlife and its habitat identified in 
     the national strategy--
       (A) the Secretary of the Interior shall exercise the 
     authority of such Secretary under this title and other laws 
     within the Secretary's jurisdiction pertaining to the 
     administration of lands; and
       (B) the Secretary of Agriculture shall exercise the 
     authority of such Secretary under this title and other laws 
     within the Secretary's jurisdiction pertaining to the 
     administration of lands.
       (2) Wildlife conservation programs.--To the maximum extent 
     practicable, the Secretary, the Secretary of Agriculture, and 
     the Secretary of Commerce shall utilize their authorities 
     under other laws to achieve the goals of the national 
     strategy.
       (e) Limitation on Effect.--Nothing in this section creates 
     new authority or expands existing authority for the Secretary 
     to regulate the uses of private property.

     SEC. 7455. ADVISORY BOARD.

       (a) Science Advisory Board.--
       (1) In general.--The Secretary shall establish and appoint 
     the members of a science advisory board comprised of not less 
     than 10 and not more than 20 members recommended by the 
     President of the National Academy of Sciences with expertise 
     in wildlife biology, ecology, climate change and other 
     relevant disciplines. The director of the National Global 
     Warming and Wildlife Science Center established under 
     subsection (b) shall be an ex officio member of the science 
     advisory board.
       (2) Functions.--The science advisory board shall--
       (A) provide scientific and technical advice and 
     recommendations to the Secretary on the impacts of global 
     warming on wildlife and its habitat, areas of habitat of 
     particular importance for the conservation of wildlife 
     populations affected by global warming, and strategies and 
     mechanisms to assist wildlife populations and their habitats 
     in adapting to the impacts of global warming in the 
     management of Federal lands and in other Federal programs for 
     wildlife conservation;
       (B) advise the National Global Warming and Wildlife Science 
     Center established under subsection (b) and review the 
     quality of the research programs of the Center; and
       (C) advise the Secretary regarding the best science 
     available for purposes of developing and revising the 
     national strategy under section 7454.
       (3) Public availability.--The advice and recommendations of 
     the science advisory board shall be available to the public.
       (b) National Global Warming and Wildlife Science Center.--
       (1) In general.--The Secretary shall establish the National 
     Global Warming and Wildlife Science Center within the United 
     States Geological Survey.
       (2) Functions.--The National Global Warming and Wildlife 
     Science Center shall--
       (A) conduct scientific research on national issues related 
     to the impacts of global warming on wildlife and its habitat 
     and mechanisms for adaptation to, mitigation of, or 
     prevention of such impacts;
       (B) consult with and advise Federal land management 
     agencies and Federal wildlife agencies regarding the impacts 
     of global warming on wildlife and its habitat and mechanisms 
     for adaptation to or mitigation of such impacts, and the 
     incorporation of information regarding such impacts and the 
     adoption of mechanisms for adaptation or mitigation of such 
     impacts in the management and planning for Federal lands and 
     in the administration of Federal wildlife programs; and
       (C) consult, and to the maximum extent practicable, 
     collaborate with State and local agencies, universities, and 
     other public and private entities regarding their research, 
     monitoring, and other efforts to address the impacts of 
     global warming on wildlife and its habitat.

[[Page H9793]]

       (3) Integration with other federal activities.--The 
     Secretary, the Secretary of Agriculture, and the Secretary of 
     Commerce shall ensure that research and other activities 
     carried out pursuant to this section are integrated with 
     climate change program research and activities carried out 
     pursuant to other Federal law.
       (c) Detection of Changes.--The Secretary, the Secretary of 
     Agriculture, and the Secretary of Commerce shall each 
     exercise authorities under other laws to carry out programs 
     to detect changes in wildlife abundance, distribution, and 
     behavior related to global warming, including--
       (1) conducting species inventories on Federal lands and in 
     marine areas within the exclusive economic zone of the United 
     States; and
       (2) establishing and implementing robust, coordinated 
     monitoring programs.

     SEC. 7456. AUTHORIZATION OF APPROPRIATIONS.

       (a) Implementation of National Strategy.--Of the amounts 
     appropriated to carry out this subchapter for each fiscal 
     year--
       (1) 45 percent are authorized to be made available to 
     Federal agencies to develop and implement the national 
     strategy promulgated under section 7454 in the administration 
     of the Federal land systems, of which--
       (A) 35 percent shall be allocated to the Department of the 
     Interior to--
       (i) operate the National Global Warming and Wildlife 
     Science Center established under section 7455; and
       (ii) carry out the policy set forth in section 7452 and 
     implement the national strategy in the administration of the 
     National Park System the National Wildlife Refuge System, and 
     on the Bureau of Land Management's public lands; and
       (B) 10 percent shall be allocated to the Department of 
     Agriculture to carry out the policy set forth in section 7452 
     and implement the national strategy in the administration of 
     the National Forest System;
       (2) 25 percent are authorized to be made available to 
     Federal agencies to carry out the policy set forth in section 
     7452 and to implement the national strategy through fish and 
     wildlife programs, other than for the operation and 
     maintenance of Federal lands, of which--
       (A) 10 percent shall be allocated to the Department of the 
     Interior to fund endangered species, migratory bird, and 
     other fish and wildlife programs administered by the United 
     States Fish and Wildlife Service, other than operations and 
     maintenance of the national wildlife refuges; and
       (B) 15 percent shall be allocated to the Department of the 
     Interior for implementation of cooperative grant programs 
     benefitting wildlife including the Cooperative Endangered 
     Species Fund, Private Stewardship Grants, the North American 
     Wetlands Conservation Act, the Multinational Species 
     Conservation Fund, the Neotropical Migratory Bird 
     Conservation Fund, and the National Fish Habitat Action Plan, 
     and used for activities that assist wildlife and its habitat 
     in adapting to the impacts of global warming; and
       (3) 30 percent are authorized to be made available for 
     grants to States and Indian tribes through the State and 
     tribal wildlife grants program authorized under section 7461, 
     to--
       (A) carry out activities that assist wildlife and its 
     habitat in adapting to the impacts of global warming in 
     accordance with State comprehensive wildlife conservation 
     plans developed and approved under that program; and
       (B) revise or supplement existing State comprehensive 
     wildlife conservation plans as necessary to include specific 
     strategies for assisting wildlife and its habitat in adapting 
     to the impacts of global warming.
       (b) Availability.--
       (1) In general.--Funding is authorized to be made available 
     to States and Indian tribes pursuant to this section subject 
     to paragraphs (2) and (3).
       (2) Initial 5-year period.--During the 5-year period 
     beginning on the effective date of this title, a State shall 
     not be eligible to receive such funding unless the head of 
     the State's wildlife agency has--
       (A) approved, and provided to the Secretary, an explicit 
     strategy to assist wildlife populations in adapting to the 
     impacts of global warming; and
       (B) incorporated such strategy as a supplement to the 
     State's comprehensive wildlife conservation plan.
       (3) Subsequent period.--After such 5-year period, a State 
     shall not be eligible to receive such funding unless the 
     State has submitted to the Secretary, and the Secretary has 
     approved, a revision to its comprehensive wildlife 
     conservation plan that--
       (A) describes the impacts of global warming on the 
     diversity and health of the State's wildlife populations and 
     their habitat;
       (B) describes and prioritizes proposed conservation actions 
     to assist wildlife populations in adapting to such impacts;
       (C) establishes programs for monitoring the impacts of 
     global warming on wildlife populations and their habitats; 
     and
       (D) establishes methods for assessing the effectiveness of 
     conservation actions taken to assist wildlife populations in 
     adapting to such impacts and for adapting such actions to 
     respond appropriately to new information or changing 
     conditions.
       (c) Intent of Congress.--It is the intent of Congress that 
     funding provided to Federal agencies and States pursuant to 
     this subchapter supplement, and not replace, existing sources 
     of funding for wildlife conservation.

         Subchapter C--State and Tribal Wildlife Grants Program

     SEC. 7461. STATE AND TRIBAL WILDLIFE GRANTS PROGRAM.

       (a) Authorization of Program.--There is authorized to be 
     established a State and Tribal Wildlife Grants Program to be 
     administered by the Secretary of the Interior and to provide 
     wildlife conservation grants to States and to the District of 
     Columbia, Puerto Rico, Guam, the United States Virgin 
     Islands, the Northern Mariana Islands, American Samoa, and 
     federally recognized Indian tribes for the planning, 
     development, and implementation of programs for the benefit 
     of wildlife and their habitat, including species that are not 
     hunted or fished.
       (b) Allocation of Funds.--
       (1) In general.--Of the amounts made available to carry out 
     this section for each fiscal year--
       (A) 10 percent shall be for a competitive grant program for 
     Indian tribes that are not subject to the remaining 
     provisions of this section;
       (B) of the amounts remaining after the application of 
     subparagraph (A), and after the deduction of the Secretary's 
     administrative expenses to carry out this section--
       (i) not more than one-half of 1 percent shall be allocated 
     to each of the District of Columbia and to the Common wealth 
     of Puerto Rico; and
       (ii) not more than one-fourth of 1 percent shall be 
     allocated to each of Guam, American Samoa, the United States 
     Virgin Islands, and the Commonwealth of the Northern Mariana 
     Islands; and
       (C) of the amount remaining after the application of 
     subparagraphs (B) and (C), the secretary shall apportion 
     among the States--
       (i) one-third based on the ratio that the land area of each 
     State bears to the total land area of all States; and
       (ii) two-thirds based on the ratio that the population of 
     each State bears to the total population of all States.
       (2) Adjustments.--The amounts apportioned under 
     subparagraph (C) of paragraph (1) for a fiscal year shall be 
     adjusted equitably so that no State is apportioned under such 
     subparagraph a sum that is--
       (A) less than 1 percent of the amount available for 
     apportionment under that subparagraph that fiscal year; or
       (B) more than 5 percent of such amount.
       (c) Cost Sharing.--
       (1) Plan development grants.--The Federal share of the 
     costs of developing or revising a comprehensive wildlife 
     conservation plan shall not exceed 75 percent of the total 
     costs of developing or revising such plan.
       (2) Plan implementation grants.--The Federal share of the 
     costs of implementing an activity in an approved 
     comprehensive wildlife conservation plan carried out with a 
     grant under this section shall not exceed 50 percent of the 
     total costs of such activities.
       (3) Prohibition on use of federal funds.--The non-Federal 
     share of costs of an activity carried out under this section 
     shall not be paid with amounts derived from any Federal grant 
     program.
       (d) Requirement for Plan.--
       (1) In general.--No State, territory, or other jurisdiction 
     shall be eligible for a grant under this section unless it 
     submits to the Secretary a comprehensive wildlife 
     conservation plan that--
       (A) complies with paragraph (2); and
       (B) considers the broad range of the State, territory, or 
     other jurisdiction's wildlife and associated habitats, with 
     appropriate priority placed on those species with the 
     greatest conservation need and taking into consideration the 
     relative level of funding available for the conservation of 
     those species.
       (2) Contents.--The comprehensive wildlife conservation plan 
     must contain--
       (A) information on the distribution and abundance of 
     species of wildlife, including low and declining populations 
     as the State, territory, or other jurisdiction's fish and 
     wildlife agency considers appropriate, that are indicative of 
     the diversity and health of the jurisdiction's wildlife;
       (B) the location and relative condition of key habitats and 
     community types essential to conservation of species 
     identified in subparagraph (A);
       (C) descriptions of problems which may adversely affect 
     species identified in subparagraph (A) or their habitats, and 
     priority research and survey efforts needed to identify 
     factors that may assist in restoration and improved 
     conservation of these species and habitats;
       (D) descriptions of conservation actions proposed to 
     conserve the identified species and habitats and priorities 
     for implementing such actions;
       (E) proposed plans for monitoring species identified in 
     subparagraph (A) and their habitats, for monitoring the 
     effectiveness of the conservation actions proposed in 
     subparagraph (D), and for adapting these conservation actions 
     to respond appropriately to new information or changing 
     conditions;
       (F) descriptions of procedures to review the comprehensive 
     wildlife conservation plan at intervals not to exceed ten 
     years;
       (G) plans for coordinating the development, implementation, 
     review, and revision of the comprehensive wildlife 
     conservation plan with Federal, State, and local agencies and 
     Indian tribes that manage significant land and water areas 
     within the jurisdiction

[[Page H9794]]

     or administer programs that significantly affect the 
     conservation of identified species and habitats; and
       (H) provisions for broad public participation as an 
     essential element of the development, revision, and 
     implementation of the comprehensive wildlife conservation 
     plan.
       (e) Savings Clause.--State comprehensive wildlife 
     strategies approved by the Secretary pursuant to previous 
     congressional authorizations and appropriations Acts shall 
     remain in effect until such strategies expire or are revised 
     in accordance with their terms. Except as specified in 
     section 7456(b) with respect to funds made available under 
     such section, conservation and education activities conducted 
     or proposed to be conducted pursuant to such previously 
     approved strategies shall remain authorized.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

                       CHAPTER 5--OCEAN PROGRAMS

     SEC. 7471. OCEAN POLICY, GLOBAL WARMING, AND ACIDIFICATION 
                   PROGRAM.

        (a) Development and Implementation.--
       (1) In general.--The Secretary of Commerce, shall, within 
     two years after the date of enactment of this Act, and on the 
     basis of the best available science, develop and implement a 
     national strategy using existing authorities and the 
     authority provided in this section to support coastal State 
     and Federal agency efforts to--
       (A) predict, plan for, and mitigate the impacts on ocean 
     and coastal ecosystems from global warming, relative sea 
     level rise and ocean acidification; and
       (B) ensure the recovery, resiliency, and health of ocean 
     and coastal ecosystems.
       (2) Consultation and comment.--Before and during the 
     development of the national strategy, the Secretary shall--
       (A) consult with the Secretary of the Interior, the 
     Administrator of the Environmental Protection Agency, the 
     Regional Fishery Management Councils, coastal States, Indian 
     tribes, local governments, conservation organizations, 
     scientists, and other interested stakeholders; and
       (B) provide opportunities for public notice and comment.
       (b) Contents.--
       (1) In general.--The Secretary shall include in the 
     national strategy prioritized goals and measures to--
       (A) incorporate climate change adaptation strategies into 
     the planning and management of ocean and coastal programs and 
     resources administered by the Department of Commerce;
       (B) support restoration, protection, and enhancement of 
     natural processes that minimize the impacts of relative sea 
     level rise, global warming, and ocean acidification;
       (C) minimize the impacts of global warming and ocean 
     acidification on marine species and their habitats;
       (D) identify, protect, and restore ocean and coastal 
     habitats needed to build healthy and resilient ecosystems;
       (E) support the development of climate change resiliency 
     plans under the Coastal Zone Management Act of 1972 (16 
     U.S.C. 1451 et seq.);
       (F) provide technical assistance and training to other 
     Federal agencies, States, local communities, universities, 
     and other stakeholders; and
       (G) identify additional research that is needed to better 
     anticipate and plan for the impacts of global warming and 
     ocean acidification on ocean and coastal resources.
       (2) Coordination with other plans.--In developing the 
     national strategy, the Secretary shall--
       (A) take into consideration research and information 
     available in Federal, regional, and State management and 
     restoration plans and any other relevant reports and 
     information; and
       (B) encourage and take into account State and regional 
     plans for protecting and restoring the health and resilience 
     of ocean and coastal ecosystems.
       (c) Revision.--The Secretary shall revise the national 
     strategy not later than 5 years after its promulgation, and 
     not later than every 10 years thereafter, to reflect new 
     information on the impacts of global warming, relative sea 
     level rise, and acidification on ocean and coastal ecosystems 
     and their resources and advances in the development of 
     strategies for adapting to or mitigating for such impacts.
       (d) Science Advisory Board.--
       (1) Consultation.--The Secretary shall consult with the 
     National Oceanic and Atmospheric Administration's Science 
     Advisory Board in the development and implementation of the 
     strategy.
       (2) Review information.--The Science Advisory Board shall 
     periodically--
       (A) review new information on the impacts of global 
     warming, relative sea level rise, and acidification on ocean 
     and coastal ecosystems and their resources and advances in 
     the development of strategies for adapting to or mitigating 
     for such impacts; and
       (B) provide that information to the Secretary.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to implement 
     this section. Amounts appropriated shall be used for the 
     exclusive purpose of carrying out the activities specified in 
     this section.
       (f) Report to Congress.--Copies of the strategy and 
     implementation plan and any updates shall be provided to 
     Congress.

     SEC. 7472. PLANNING FOR CLIMATE CHANGE IN THE COASTAL ZONE.

       (a) In General.--The Coastal Zone Management Act of 1972 
     (16 U.S.C. 1451 et seq.) is amended by adding at the end the 
     following:


                  ``CLIMATE CHANGE RESILIENCY PLANNING

       ``Sec. 320.  (a) In General.--The Secretary shall establish 
     consistent with the national policies set forth in section 
     303 a coastal climate change resiliency planning and response 
     program to--
       ``(1) provide assistance to coastal states to voluntarily 
     develop coastal climate change resiliency plans pursuant to 
     approved management programs approved under section 306, to 
     minimize contributions to climate change and to prepare for 
     and reduce the negative consequences that may result from 
     climate change in the coastal zone; and
       ``(2) provide financial and technical assistance and 
     training to enable coastal states to implement plans 
     developed pursuant to this section through coastal states' 
     enforceable policies.
       ``(b) Guidelines.--Within 180 days after the date of 
     enactment of this section, the Secretary, in consultation 
     with the coastal states, shall issue guidelines for the 
     implementation of the grant program established under 
     subsection (c).
       ``(c) Climate Change Resiliency Planning Grants.--
       ``(1) In general.--The Secretary, subject to the 
     availability of appropriations, may make a grant to any 
     coastal state for the purpose of developing climate change 
     resiliency plans pursuant to guidelines issued by the 
     Secretary under subsection (b).
       ``(2) Plan content.--A plan developed with a grant under 
     this section shall include the following:
       ``(A) Identification of public facilities and public 
     services, coastal resources of national significance, coastal 
     waters, energy facilities, or other water uses located in the 
     coastal zone that are likely to be impacted by climate 
     change.
       ``(B) Adaptive management strategies for land use to 
     respond or adapt to changing environmental conditions, 
     including strategies to protect biodiversity and establish 
     habitat buffer zones, migration corridors, and climate 
     refugia.
       ``(C) Requirements to initiate and maintain long-term 
     monitoring of environmental change to assess coastal zone 
     resiliency and to adjust when necessary adaptive management 
     strategies and new planning guidelines to attain the policies 
     under section 303.
       ``(3) State hazard mitigation plans.--Plans developed with 
     a grant under this section shall be consistent with State 
     hazard mitigation plans developed under State or Federal law.
       ``(4) Allocation.--Grants under this section shall be 
     available only to coastal states with management programs 
     approved by the Secretary under section 306 and shall be 
     allocated among such coastal states in a manner consistent 
     with regulations promulgated pursuant to section 306(c).
       ``(5) Priority.--In the awarding of grants under this 
     subsection the Secretary may give priority to any coastal 
     state that has received grant funding to develop program 
     changes pursuant to paragraphs (1), (2), (3), (5), (6), (7), 
     and (8) of section 309(a).
       ``(6) Technical assistance.--The Secretary may provide 
     technical assistance to a coastal state consistent with 
     section 310 to ensure the timely development of plans 
     supported by grants awarded under this subsection.
       ``(7) Federal approval.--In order to be eligible for a 
     grant under subsection (d), a coastal state must have its 
     plan developed under this section approved by the Secretary.
       ``(d) Coastal Resiliency Project Grants.--
       ``(1) In general.--The Secretary, subject to the 
     availability of appropriations, may make grants to any 
     coastal state that has a climate change resiliency plan 
     approved under subsection (c)(7), in order to support 
     projects that implement strategies contained within such 
     plans.
       ``(2) Program requirements.--The Secretary within 90 days 
     after approval of the first plan approved under subsection 
     (c)(7), shall publish in the Federal Register requirements 
     regarding applications, allocations, eligible activities, and 
     all terms and conditions for grants awarded under this 
     subsection. No less than 30 percent of the funds appropriated 
     in any fiscal year for grants under this subsection shall be 
     awarded through a merit-based competitive process.
       ``(3) Eligible activities.--The Secretary may award grants 
     to coastal states to implement projects in the coastal zone 
     to address stress factors in order to improve coastal climate 
     change resiliency, including the following:
       ``(A) Activities to address physical disturbances within 
     the coastal zone, especially activities related to public 
     facilities and public services, tourism, sedimentation, and 
     other factors negatively impacting coastal waters, and 
     fisheries-associated habitat destruction or alteration.
       ``(B) Monitoring, control, or eradication of disease 
     organisms and invasive species.
       ``(C) Activities to address the loss, degradation or 
     fragmentation of wildlife habitat through projects to 
     establish marine and terrestrial habitat buffers, wildlife 
     refugia or networks thereof, and preservation of migratory 
     wildlife corridors and other transition zones.

[[Page H9795]]

       ``(D) Implementation of projects to reduce, mitigate, or 
     otherwise address likely impacts caused by natural hazards in 
     the coastal zone, including sea level rise, coastal 
     inundation, coastal erosion and subsidence, severe weather 
     events such as cyclonic storms, tsunamis and other seismic 
     threats, and fluctuating Great Lakes water levels.
       ``(E) Provide technical training and assistance to local 
     coastal policy makers to increase awareness of science, 
     management, and technology information related to climate 
     change and adaptation strategies.''.
       (b) Authorization of Appropriations.--Section 318(a) of the 
     Coastal Zone Management Act of 1972 (16 U.S.C. 1464) is 
     further amended by adding at the end the following:
       ``(4) for grants under section 320(c) and (d), such sums as 
     are necessary.''.
       (c) Intent of Congress.--Nothing in this section shall be 
     construed to require any coastal state to amend or modify its 
     approved management program pursuant to section 306(e) of the 
     Coastal Zone Management Act of 1972 (16 U.S.C. 1455(e)), or 
     to extend the enforceable policies of a coastal state beyond 
     the coastal zone as identified in the coastal state's 
     approved management program.

     SEC. 7473. ENHANCING CLIMATE CHANGE PREDICTIONS.

       (a) Short Title.--This section may be cited as the 
     ``National Integrated Coastal and Ocean Observation Act of 
     2007''.
       (b) Purposes.--The purposes of this section are the 
     following:
       (1) Establish a National Integrated Coastal and Ocean 
     Observation System comprised of Federal and non-Federal 
     components, coordinated at the national level by the National 
     Ocean Research Leadership Council and at the regional level 
     by a network of Regional Information Coordination Entities, 
     that includes in situ, remote, and other coastal and ocean 
     observations, technologies, and data management and 
     communication systems, to gather specific coastal and ocean 
     data variables and to ensure the timely dissemination and 
     availability of usable observation data--
       (A) to support national defense, marine commerce, energy 
     production, scientific research, ecosystem-based marine and 
     coastal resource management, weather and marine forecasting, 
     public safety and public outreach training and education; and
       (B) to promote greater public awareness and stewardship of 
     the Nation's ocean, coastal, and Great Lakes resources and 
     the general public welfare.
       (2) Improve the Nation's capability to measure, track, 
     explain, and predict events related directly and indirectly 
     to weather and climate change, natural climate variability, 
     and interactions between the oceanic and atmospheric 
     environments, including the Great Lakes.
       (3) Authorize activities to promote basic and applied 
     research to develop, test, and deploy innovations and 
     improvements in coastal and ocean observation technologies, 
     modeling systems, and other scientific and technological 
     capabilities to improve our conceptual understanding of 
     weather and climate, ocean atmosphere dynamics, global 
     climate change, and physical, chemical, and biological 
     dynamics of the ocean and coastal and Great Lakes 
     environments.
       (c) Definitions.--In this section:
       (1) Council.--The term ``Council'' means the National Ocean 
     Research Leadership Council referred to in section 7902 of 
     title 10, United States Code.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       (3) Federal assets.--The term ``Federal assets'' means all 
     relevant nonclassified civilian coastal and ocean 
     observations, technologies, and related modeling, research, 
     data management, basic and applied technology research and 
     development, and public education and outreach programs, that 
     are managed by member agencies of the Council.
       (4) Interagency working group.--The term ``Interagency 
     Working Group'' means the Interagency Working Group on Ocean 
     Observations as established by the U.S. Ocean Policy 
     Committee Subcommittee on Ocean Science and Technology 
     pursuant to Executive Order 13366 signed December 17, 2004.
       (5) Non-federal assets.--The term ``non-Federal assets'' 
     means all relevant coastal and ocean observations, 
     technologies, related basic and applied technology research 
     and development, and public education and outreach programs 
     that are integrated into the System and are managed through 
     States, regional organizations, universities, nongovernmental 
     organizations, or the private sector.
       (6) Regional information coordination entities.--
       (A) In general.--The term ``Regional Information 
     Coordination Entity'', subject to subparagraphs (B) and (C), 
     means an organizational body that is certified or established 
     by the lead Federal agency designated in subsection 
     (d)(3)(C)(iii) and coordinating State, Federal, local, and 
     private interests at a regional level with the responsibility 
     of engaging the private and public sectors in designing, 
     operating, and improving regional coastal and ocean observing 
     systems in order to ensure the provision of data and 
     information that meet the needs of user groups from the 
     respective regions.
       (B) Included associations.--Such term includes Regional 
     Associations as described by the System Plan.
       (C) Limitation.--Nothing in this section shall be construed 
     to invalidate existing certifications, contracts, or 
     agreements between Regional Associations and other elements 
     of the System.
       (7) System.--The term ``System'' means the National 
     Integrated Coastal and Ocean Observation System established 
     under subsection (d).
       (8) System plan.--The term ``System Plan'' means the plan 
     contained in the document entitled ``Ocean.US publication #9, 
     The First Integrated Ocean Observing System (IOOS) 
     Development Plan''.
       (d) National Integrated Coastal and Ocean Observing 
     System.--
       (1) Establishment.--The President, acting through the 
     Council, shall establish a National Integrated Coastal and 
     Ocean Observation System to fulfill the purposes set forth in 
     subsection (b) and the System plan and to fulfill the 
     Nation's international obligations to contribute to the 
     global earth observation system of systems and the global 
     ocean observing system.
       (2) Support of purposes.--The head of each agency that is a 
     member of the Interagency Working Group shall support the 
     purposes of this section.
       (3) Availability of data.--The head of each Federal agency 
     that has administrative jurisdiction over a Federal asset 
     shall make available data that are produced by that asset and 
     that are not otherwise restricted for integration, 
     management, and dissemination by the System.
       (4) Enhancing administration and management.--The head of 
     each Federal agency that has administrative jurisdiction over 
     a Federal asset may take appropriate actions to enhance 
     internal agency administration and management to better 
     support, integrate, finance, and utilize observation data, 
     products, and services developed under this section to 
     further its own agency mission and responsibilities.
       (5) Participation in regional information coordination 
     entity.--The head of each Federal agency that has 
     administrative jurisdiction over a Federal asset may 
     participate in regional information coordination entity 
     activities.
       (6) Non-federal assets.--Non-Federal assets shall be 
     coordinated by the Interagency Working Group or by Regional 
     Information Coordination Entities.
       (e) Policy Oversight, Administration, and Regional 
     Coordination.--
       (1) National ocean research leadership council.--The 
     National Ocean Research Leadership Council shall be 
     responsible for establishing broad coordination and long-term 
     operations plans, policies, protocols, and standards for the 
     System consistent with the policies, goals, and objectives 
     contained in the System Plan, and coordination of the System 
     with other earth observing activities.
       (2) Interagency working group.--The Interagency Working 
     Group shall, with respect to the System, be responsible for--
       (A) implementation of operations plans and policies 
     developed by the Council;
       (B) development of and transmittal to Congress at the time 
     of submission of the President's annual budget request an 
     annual coordinated, comprehensive System budget;
       (C) identification of gaps in observation coverage or needs 
     for capital improvements of both Federal assets and non-
     Federal assets;
       (D) establishment of data management and communication 
     protocols and standards;
       (E) establishment of required observation data variables;
       (F) development of certification standards for all non-
     Federal assets or Regional Information Coordination Entities 
     to be eligible for integration into the System;
       (G) subject to the availability of appropriations, 
     establish through one or more participating Federal agencies, 
     in consultation with the System Advisory Committee 
     established under paragraph (5), a competitive matching grant 
     or other program to promote research and development of 
     innovative observation technologies including testing and 
     field trials; and
       (H) periodically review and recommend to the Council 
     revisions to the System Plan.
       (3) Lead federal agency.--The Administrator shall function 
     as the lead Federal agency for the System. The Administrator 
     may establish an Interagency Program Coordinating Office to 
     facilitate the Administrator's responsibilities as the lead 
     Federal agency for System oversight and management. The 
     Administrator shall--
       (A) implement policies, protocols, and standards 
     established by the Council and delegated by the Interagency 
     Working Group;
       (B) promulgate regulations to integrate the participation 
     of non-Federal assets into the System and enter into and 
     oversee contracts and agreements with Regional Information 
     Coordination Entities to effect this purpose;
       (C) implement a competitive funding process for the purpose 
     of assigning contracts and agreements to Regional Information 
     Coordination Entities;
       (D) certify or establish Regional Information Coordination 
     Entities to coordinate State, Federal, local, and private 
     interests at a regional level with the responsibility of 
     engaging private and public sectors in designing, operating, 
     and improving regional coastal and ocean observing systems in 
     order to ensure the provision of data and information that 
     meet the needs of user groups from the respective regions;

[[Page H9796]]

       (E) formulate a process by which gaps in observation 
     coverage or needs for capital improvements of Federal assets 
     and non-Federal assets of the System can be identified by the 
     Regional Information Coordination Entities, the 
     Administrator, or other members of the System and transmitted 
     to the Interagency Working Group;
       (F) be responsible for the coordination, storage, 
     management, and dissemination of observation data gathered 
     through the System to all end-user communities;
       (G) implement a program of public education and outreach to 
     improve public awareness of global climate change and effects 
     on the ocean, coastal, and Great Lakes environment; and
       (H) report annually to the Council through the Interagency 
     Working Group on the accomplishments, operational needs, and 
     performance of the System to achieve the purposes of this 
     title and the System Plan.
       (4) Regional information coordination entity.--To be 
     certified or established under paragraph (3)(D), a Regional 
     Information Coordination Entity must be certified or 
     established by contract or agreement by the Administrator, 
     and must agree to--
       (A) gather required System observation data and other 
     requirements specified under this section and the System 
     plan;
       (B) identify gaps in observation coverage or needs for 
     capital improvements of Federal assets and non-Federal assets 
     of the System, and transmit such information to the 
     Interagency Working Group via the Administrator;
       (C) demonstrate an organizational structure and strategic 
     operational plan to ensure the efficient and effective 
     administration of programs and assets to support daily data 
     observations for integration into the System;
       (D) comply with all financial oversight requirements 
     established by the Administrator, including requirements 
     relating to audits; and
       (E) demonstrate a capability to work with other 
     governmental and nongovernmental entities at all levels to 
     identify and provide information products of the System for 
     multiple users within the service area of the Regional 
     Information Coordination Entities and otherwise.
       (5) System advisory committee.--
       (A) In general.--The Administrator shall establish a System 
     Advisory Committee, which shall provide advice as may be 
     requested by the Administrator or the Interagency Working 
     Group.
       (B) Purpose.--The purpose of the System Advisory Committee 
     is to advise the Administrator and the Interagency Working 
     Group on--
       (i) administration, operation, management, and maintenance 
     of the System, including integration of Federal and non-
     Federal assets and data management and communication aspects 
     of the System, and fulfillment of the purposes specified 
     under subsection (b);
       (ii) expansion and periodic modernization and upgrade of 
     technology components of the System;
       (iii) identification of end-user communities, their needs 
     for information provided by the System, and the System's 
     effectiveness in disseminating information to end-user 
     communities and the general public; and
       (iv) any other purpose identified by the Administrator or 
     the Interagency Working Group.
       (C) Members.--
       (i) In general.--The System Advisory Committee shall be 
     composed of members appointed by the Administrator. Members 
     shall be qualified by education, training, and experience to 
     evaluate scientific and technical information related to the 
     design, operation, maintenance, or use of the System, or use 
     of data products provided through the System.
       (ii) Terms of service.--Members shall be appointed for 3-
     year terms, renewable once. A vacancy appointment shall be 
     for the remainder of the unexpired term of the vacancy, and 
     an individual so appointed may subsequently be appointed for 
     2 full 3-year terms if the remainder of the unexpired term is 
     less than one year.
       (iii) Chairperson.--The Administrator shall designate a 
     chairperson from among the members of the System Advisory 
     Committee.
       (iv) Appointment.--Members of the System Advisory Committee 
     shall be appointed as special Government employees for 
     purposes of section 202(a) of title 18, United States Code.
       (D) Administrative provisions.--
       (i) Reporting.--The System Advisory Committee shall report 
     to the Administrator and the Interagency Working Group, as 
     appropriate.
       (ii) Administrative support.--The Administrator shall 
     provide administrative support to the System Advisory 
     Committee.
       (iii) Meetings.--The System Advisory Committee shall meet 
     at least once each year, and at other times at the call of 
     the Administrator, the Interagency Working Group, or the 
     chairperson.
       (iv) Compensation and expenses.--Members of the System 
     Advisory Committee shall not be compensated for service on 
     that Committee, but may be allowed travel expenses, including 
     per diem in lieu of subsistence, in accordance with 
     subchapter I of chapter 57 of title 5, United States Code.
       (v) Expiration.--Section 14 of the Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the System 
     Advisory Committee.
       (6) Civil liability.--For purposes of determining liability 
     arising from the dissemination and use of observation data 
     gathered pursuant to this section, any non-Federal asset or 
     Regional Information Coordination Entity that is certified 
     under paragraph (3)(D) and that is participating in the 
     System shall be considered to be part of the National Oceanic 
     and Atmospheric Administration. Any employee of such a non-
     Federal asset or Regional Information Coordination Entity, 
     while operating within the scope of his or her employment in 
     carrying out the purposes of this section, with respect to 
     tort liability, is deemed to be an employee of the Federal 
     Government.
       (f) Interagency Financing, Grants, Contracts, and 
     Agreements.--
       (1) In general.--The member departments and agencies of the 
     Council, subject to the availability of appropriations, may 
     participate in interagency financing and share, transfer, 
     receive, obligate, and expend funds appropriated to any 
     member agency for the purposes of carrying out any 
     administrative or programmatic project or activity to further 
     the purposes of this section, including support for the 
     Interagency Working Group, the Interagency Coordinating 
     Program Office, a common infrastructure, and integration to 
     expand or otherwise enhance the System.
       (2) Joint centers and agreements.--Member Departments and 
     agencies of the Council shall have the authority to create, 
     support, and maintain joint centers, and to enter into and 
     perform such contracts, leases, grants, and cooperative 
     agreements as may be necessary to carry out the purposes of 
     this section and fulfillment of the System Plan.
       (g) Application With Other Laws.--Nothing in this section 
     supersedes or limits the authority of any agency to carry out 
     its responsibilities and missions under other laws.
       (h) Report to Congress.--
       (1) In general.--Not later than two years after the date of 
     enactment of this section, the Administrator through the 
     Council shall submit to Congress a report that describes the 
     status of the System and progress made to achieve the 
     purposes of this section and the goals identified under the 
     System Plan.
       (2) Contents.--The report shall include discussion of the 
     following:
       (A) Identification of Federal and non-Federal assets as 
     determined by the Council that have been integrated into the 
     System, including assets essential to the gathering of 
     required observation data variables necessary to meet the 
     respective missions of Council agencies.
       (B) A review of procurements, planned or initiated, by each 
     Council agency to enhance, expand, or modernize the 
     observation capabilities and data products provided by the 
     System, including data management and communication 
     subsystems.
       (C) An assessment regarding activities to integrate Federal 
     and non-Federal assets, nationally and on the regional level, 
     and discussion of the performance and effectiveness of 
     Regional Information Coordination Entities to coordinate 
     regional observation operations.
       (D) An evaluation of progress made by the Council to 
     achieve the purposes of this section and the goals identified 
     under the System Plan.
       (E) Recommendations for operational improvements to enhance 
     the efficiency, accuracy, and overall capability of the 
     System.
       (3) Biennial update.--Two years after the transmittal of 
     the initial report prepared pursuant to this subsection and 
     biennially thereafter, the Administrator, through the 
     Council, shall submit to Congress an update of the initial 
     report.
       (i) Public-Private Use Policy.--The Council shall develop a 
     policy within 6 months after the date of the enactment of 
     this section that defines processes for making decisions 
     about the roles of the Federal Government, the States, 
     Regional Information Coordination Entities, the academic 
     community, and the private sector in providing to end-user 
     communities environmental information, products, 
     technologies, and services related to the System. The Council 
     shall publish the policy in the Federal Register for public 
     comment for a period not less than 60 days. Nothing in this 
     subsection shall be construed to require changes in policy in 
     effect on the date of the enactment of this Act.
       (j) Independent Cost Estimate.--The Interagency Working 
     Group, through the Administrator and the Director of the 
     National Science Foundation, shall obtain within one year 
     after the date of the enactment of this section an 
     independent cost estimate for operations and maintenance of 
     existing Federal assets of the System, and planned or 
     anticipated acquisition, operation, and maintenance of new 
     Federal assets for the System, including operation 
     facilities, observation equipment, modeling and software, 
     data management and communication, and other essential 
     components. The independent cost estimate shall be 
     transmitted unabridged and without revision by the 
     Administrator to Congress.
       (k) Intent of Congress.--It is the intent of Congress that 
     funding provided to agencies of the Council to implement this 
     section shall supplement, and not replace, existing sources 
     of funding for other programs. It is the further intent of 
     Congress that agencies of the Council shall not enter into 
     contracts or agreements for the development or procurement of 
     new Federal assets for the System that are estimated to be in 
     excess of

[[Page H9797]]

     $250,000,000 in life-cycle costs without first providing 
     adequate notice to Congress and opportunity for review and 
     comment.

        Subtitle E--Royalties Under Offshore Oil and Gas Leases

     SEC. 7501. SHORT TITLE.

       This subtitle may be cited as the ``Royalty Relief for 
     American Consumers Act of 2007''.

     SEC. 7502. PRICE THRESHOLDS FOR ROYALTY SUSPENSION 
                   PROVISIONS.

       The Secretary of the Interior shall agree to a request by 
     any lessee to amend any lease issued for any Central and 
     Western Gulf of Mexico tract during the period of January 1, 
     1998, through December 31, 1999, to incorporate price 
     thresholds applicable to royalty suspension provisions, that 
     are equal to or less than the price thresholds described in 
     clauses (v) through (vii) of section 8(a)(3)(C) of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). Any 
     amended lease shall impose the new or revised price 
     thresholds effective October 1, 2006. Existing lease 
     provisions shall prevail through September 30, 2006.

     SEC. 7503. CLARIFICATION OF AUTHORITY TO IMPOSE PRICE 
                   THRESHOLDS FOR CERTAIN LEASE SALES.

       Congress reaffirms the authority of the Secretary of the 
     Interior under section 8(a)(1)(H) of the Outer Continental 
     Shelf Lands Act (43 U.S.C. 1337(a)(1)(H)) to vary, based on 
     the price of production from a lease, the suspension of 
     royalties under any lease subject to section 304 of the Outer 
     Continental Shelf Deep Water Royalty Relief Act (Public Law 
     104-58; 43 U.S.C. 1337 note).

     SEC. 7504. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF 
                   LEASES; CONSERVATION OF RESOURCES FEES.

       (a) Issuance of New Leases.--
       (1) In general.--The Secretary shall not issue any new 
     lease that authorizes the production of oil or natural gas in 
     the Gulf of Mexico under the Outer Continental Shelf Lands 
     Act (43 U.S.C. 1331 et seq.) to a person described in 
     paragraph (2) unless--
       (A) the person has renegotiated each covered lease with 
     respect to which the person is a lessee, to modify the 
     payment responsibilities of the person to include price 
     thresholds that are equal to or less than the price 
     thresholds described in clauses (v) through (vii) of section 
     8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1337(a)(3)(C)); or
       (B) the person has--
       (i) paid all fees established by the Secretary under 
     subsection (b) that are due with respect to each covered 
     lease for which the person is a lessee; or
       (ii) entered into an agreement with the Secretary under 
     which the person is obligated to pay such fees.
       (2) Persons described.--A person referred to in paragraph 
     (1) is a person that--
       (A) is a lessee that--
       (i) holds a covered lease on the date on which the 
     Secretary considers the issuance of the new lease; or
       (ii) was issued a covered lease before the date of 
     enactment of this Act, but transferred the covered lease to 
     another person or entity (including a subsidiary or affiliate 
     of the lessee) after the date of enactment of this Act; or
       (B) any other person or entity who has any direct or 
     indirect interest in, or who derives any benefit from, a 
     covered lease;
       (3) Multiple lessees.--
       (A) In general.--For purposes of paragraph (1), if there 
     are multiple lessees that own a share of a covered lease, the 
     Secretary may implement separate agreements with any lessee 
     with a share of the covered lease that modifies the payment 
     responsibilities with respect to the share of the lessee to 
     include price thresholds that are equal to or less than the 
     price thresholds described in clauses (v) through (vii) of 
     section 8(a)(3)(C) of the Outer Continental Shelf Lands Act 
     (43 U.S.C. 1337(a)(3)(C)).
       (B) Treatment of share as covered lease.--Beginning on the 
     effective date of an agreement under subparagraph (A), any 
     share subject to the agreement shall not constitute a covered 
     lease with respect to any lessees that entered into the 
     agreement.
       (b) Conservation of Resources Fees.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of the Interior by 
     regulation shall establish--
       (A) a conservation of resources fee for producing Federal 
     oil and gas leases in the Gulf of Mexico; and
       (B) a conservation of resources fee for nonproducing 
     Federal oil and gas leases in the Gulf of Mexico.
       (2) Producing lease fee terms.--The fee under paragraph 
     (1)(A)--
       (A) subject to subparagraph (C), shall apply to covered 
     leases that are producing leases;
       (B) shall be set at $9 per barrel for oil and $1.25 per 
     million Btu for gas, respectively, in 2005 dollars; and
       (C) shall apply only to production of oil or gas 
     occurring--
       (i) in any calendar year in which the arithmetic average of 
     the daily closing prices for light sweet crude oil on the New 
     York Mercantile Exchange (NYMEX) exceeds $34.73 per barrel 
     for oil and $4.34 per million Btu for gas in 2005 dollars; 
     and
       (ii) on or after October 1, 2006.
       (3) Nonproducing lease fee terms.--The fee under paragraph 
     (1)(B)--
       (A) subject to subparagraph (C), shall apply to leases that 
     are nonproducing leases;
       (B) shall be set at $3.75 per acre per year in 2005 
     dollars; and
       (C) shall apply on and after October 1, 2006.
       (4) Treatment of receipts.--Amounts received by the United 
     States as fees under this subsection shall be treated as 
     offsetting receipts.
       (c) Transfers.--A lessee or any other person who has any 
     direct or indirect interest in, or who derives a benefit 
     from, a lease shall not be eligible to obtain by sale or 
     other transfer (including through a swap, spinoff, servicing, 
     or other agreement) any covered lease, the economic benefit 
     of any covered lease, or any other lease for the production 
     of oil or natural gas in the Gulf of Mexico under the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), 
     unless--
       (1) the lessee or other person has--
       (A) renegotiated all covered leases of the lessee or other 
     person; and
       (B) entered into an agreement with the Secretary to modify 
     the terms of all covered leases of the lessee or other person 
     to include limitations on royalty relief based on market 
     prices that are equal to or less than the price thresholds 
     described in clauses (v) through (vii) of section 8(a)(3)(C) 
     of the Outer Continental Shelf Lands Act (43 U.S.C. 
     1337(a)(3)(C)); or
       (2) the lessee or other person has--
       (A) paid all fees established by the Secretary under 
     subsection (b) that are due with respect to each covered 
     lease for which the person is a lessee; or
       (B) entered into an agreement with the Secretary under 
     which the person is obligated to pay such fees.
       (d) Definitions.--In this section--
       (1) Covered lease.--The term ``covered lease'' means a 
     lease for oil or gas production in the Gulf of Mexico that 
     is--
       (A) in existence on the date of enactment of this Act;
       (B) issued by the Department of the Interior under section 
     304 of the Outer Continental Shelf Deep Water Royalty Relief 
     Act (43 U.S.C. 1337 note; Public Law 104-58); and
       (C) not subject to limitations on royalty relief based on 
     market price that are equal to or less than the price 
     thresholds described in clauses (v) through (vii) of section 
     8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1337(a)(3)(C)).
       (2) Lessee.--The term ``lessee'' includes any person or 
     other entity that controls, is controlled by, or is in or 
     under common control with, a lessee.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 7505. REPEAL OF CERTAIN TAXPAYER SUBSIDIZED ROYALTY 
                   RELIEF FOR THE OIL AND GAS INDUSTRY.

       (a) Repeal of Provisions of Energy Policy Act of 2005.--The 
     following provisions of the Energy Policy Act of 2005 (Public 
     Law 109-58) are repealed:
       (1) Section 344 (42 U.S.C. 15904; relating to incentives 
     for natural gas production from deep wells in shallow waters 
     of the Gulf of Mexico).
       (2) Section 345 (42 U.S.C. 15905; relating to royalty 
     relief for deep water production in the Gulf of Mexico).
       (b) Provisions Relating to Planning Areas Offshore 
     Alaska.--Section 8(a)(3)(B) of the Outer Continental Shelf 
     Lands Act (43 U.S.C. 1337(a)(3)(B)) is amended by striking 
     ``and in the Planning Areas offshore Alaska'' after ``West 
     longitude''.
       (c) Provisions Relating to Naval Petroleum Reserve in 
     Alaska.--Section 107 of the Naval Petroleum Reserves 
     Production Act of 1976 (as transferred, redesignated, moved, 
     and amended by section 347 of the Energy Policy Act of 2005 
     (119 Stat. 704)) is amended--
       (1) in subsection (i) by striking paragraphs (2) through 
     (6); and
       (2) by striking subsection (k).

                   Subtitle F--Additional Provisions

     SEC. 7601. OIL SHALE COMMUNITY IMPACT ASSISTANCE.

       (a) Establishment of Fund.--There is established on the 
     books of the Treasury of the United States a separate account 
     to be known as the Oil Shale Community Impact Assistance Fund 
     (hereinafter in this section referred to as the ``Fund''). 
     The Fund shall be administered by the Secretary of the 
     Interior acting through the Director of the Bureau of Land 
     Management.
       (b) Contents.--
       (1) In general.--There shall be credited to the Fund--
       (A) all amounts paid to the United States as bonus bids in 
     connection with the award of commercial oil shale leases 
     pursuant to section 369(e) of the Energy Policy Act of 2005 
     (42 U.S.C. 15927(e)); and
       (B) an amount equal to 25 percent of the portion of the 
     other amounts deposited into the Treasury pursuant to section 
     35(a) of the Mineral Leasing Act (30 U.S.C. 191) with respect 
     to such leases, that remains after deduction of all payments 
     made pursuant to of such section.
       (2) Termination of crediting of royalties.--Paragraph 
     (1)(B) shall not apply to royalties received by the United 
     States under a commercial oil shale lease after the end of 
     the 10-year period beginning on the date on which the first 
     amount of royalty under such lease is paid to the United 
     States.
       (c) Distribution.--
       (1) In general.--The Secretary, subject to the availability 
     of appropriations, shall use amounts in the Fund to annually 
     pay to each county in which is located land subject to a 
     commercial oil shale lease referred to in subsection (b)(1) 
     an amount equal to the amount credited to the Fund during the 
     preceding year pursuant to section (b) with respect to

[[Page H9798]]

     such lease. If such land is located in more than one county, 
     the Secretary shall allocate such payment among such counties 
     on the basis of the relative amount of lands subject to the 
     lease within each such county.
       (2) Use of payment.--Amounts paid to a county under this 
     subsection shall be used by the county for the planning, 
     construction, and maintenance of public facilities and the 
     provision of public services.

     SEC. 7602. ADDITIONAL NOTICE REQUIREMENTS.

       (a) Permittees.--At least 45 days before offering lands for 
     lease pursuant to section 17(f) of the Mineral Leasing Act 
     (30 U.S.C. 226(f)), the Secretary of the Interior shall 
     provide notice of the proposed leasing activity in writing to 
     the holders of special recreation permits for commercial use, 
     competitive events, and other organized activities on the 
     lands being offered for lease.
       (b) Conservation Easement Holders.--
       (1) If the holder of a conservation easement or similar 
     property interest in the surface estate of lands eligible for 
     leasing under the Mineral Leasing Act has informed the 
     Secretary of the Interior of the existence of such property 
     interest, the Secretary shall treat such holder as a surface 
     estate owner for purposes of section 7221(d) of this title.
       (2) As soon as possible after the date of enactment of this 
     Act, the Secretary of the Interior shall establish a means 
     for holders of property interests described in paragraph (1) 
     to provide notice of such interests, and shall inform the 
     public regarding such means.

     SEC. 7603. DAVIS-BACON ACT.

       All laborers and mechanics employed by contractors and 
     subcontractors on construction, repair, or alteration 
     projects that are funded in whole or in part or otherwise 
     authorized under sections 7304 or 7306 shall be paid wages at 
     rates not less than those prevailing on similar construction 
     in the locality, as determined by the Secretary of Labor in 
     accordance with subchapter IV of chapter 31 of title 40, 
     United States Code. The Secretary of Labor shall, with 
     respect to the labor standards in this title, have the 
     authority and functions set forth in Reorganization Plan 
     Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. App.) and section 
     3145 of title 40, United States Code.

     SEC. 7604. ROAN PLATEAU, COLORADO.

       (a) Leases for Top of Plateau.--
       (1) Prohibition.--The Secretary of the Interior shall 
     include in each lease under the Mineral Leasing Act (30 
     U.S.C. 181 et seq.) for lands to which this subsection 
     applies a prohibition of surface occupancy for purposes of 
     exploration for or development of oil or gas.
       (2) Application.--This subsection applies to all Federal 
     lands in Colorado that were formerly designated as Naval Oil 
     Shale Reserves 1 and 3 that are located within the rim 
     boundary, as such boundary is depicted on Map 1 accompanying 
     the Bureau of Land Management's final Resource Management 
     Plan Amendment and Environmental Impact Statement for the 
     Roan Plateau Planning Area dated August, 2006.
       (b) Report on Cleanup Status.--No later than 30 days after 
     the date of enactment of this Act--
       (1) the Secretary of the Treasury shall provide to the 
     appropriate Committees of Congress a report detailing the 
     total amounts received by the United States under leases of 
     Federal lands in Colorado formerly designated as Naval Oil 
     Shale Reserves 1 and 3 pursuant to section 7439 of title 10, 
     United States Code, and covered into the Treasury pursuant to 
     subsection (f) of such section; and
       (2) the Secretary of the Interior shall provide to the 
     appropriate committees of Congress a report--
       (A) detailing the amounts expended by the United States for 
     environmental restoration, waste management, and 
     environmental compliance activities with respect to the lands 
     described in paragraph (1), to repay the cost to the United 
     States to originally install wells, gathering lines, and 
     related equipment on such lands, and any other cost incurred 
     by the United States with respect to such lands; and
       (B) stating what further actions are required to complete 
     the needed environmental restoration, waste management, and 
     environmental compliance activities with regard to such 
     lands, the estimated cost of such activities, and when the 
     Secretary expects such activities will be completed.

             TITLE VIII--TRANSPORTATION AND INFRASTRUCTURE

     SEC. 8001. SHORT TITLE.

       This title may be cited as the ``Transportation Energy 
     Security and Climate Change Mitigation Act of 2007''.

     SEC. 8002. FINDINGS AND PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) Evidence that atmospheric warming and climate change 
     are occurring is unequivocal.
       (2) Observed and anticipated impacts of climate change can 
     result in economic harm and environmental damage to the 
     United States and the world.
       (3) The Nation's water resources, ecosystems, and 
     infrastructure will be under increasing stress and pressure 
     in coming decades, particularly due to climate change.
       (4) Greenhouse gases, such as carbon dioxide, methane, and 
     nitrous oxides, can lead to atmospheric warming and climate 
     change.
       (5) Transportation and buildings are among the leading 
     sources of greenhouse gas emissions.
       (6) Increased reliance on energy efficient and renewable 
     energy transportation and public buildings can strengthen our 
     Nation's energy security and mitigate the effects of climate 
     change by cutting greenhouse gas emissions.
       (7) The Federal Government can strengthen our Nation's 
     energy security and mitigate the effects of climate change by 
     promoting energy efficient transportation and public 
     buildings, creating incentives for the use of alternative 
     fuel vehicles and renewable energy, and ensuring sound water 
     resource and natural disaster preparedness planning.
       (b) Purposes.--The purposes of this title are to strengthen 
     our Nation's energy security and mitigate the effects of 
     climate change by promoting energy efficient transportation 
     and public buildings, creating incentives for the use of 
     alternative fuel vehicles and renewable energy, and ensuring 
     sound water resource and natural disaster preparedness 
     planning.

                Subtitle A--Department of Transportation

     SEC. 8101. CENTER FOR CLIMATE CHANGE AND ENVIRONMENT.

       (a) In General.--Section 102 of title 49, United States 
     Code, is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by adding after subsection (f) the following:
       ``(g) Center for Climate Change and Environment.--
       ``(1) Establishment.--There is established in the 
     Department a Center for Climate Change and Environment to 
     plan, coordinate, and implement--
       ``(A) department-wide research, strategies, and actions 
     under the Department's statutory authority to reduce 
     transportation-related energy use and mitigate the effects of 
     climate change; and
       ``(B) department-wide research strategies and action to 
     address the impacts of climate change on transportation 
     systems and infrastructure.
       ``(2) Clearinghouse.--The Center shall establish a 
     clearinghouse of low-cost solutions, including projects that 
     are being or could be implemented under the congestion 
     mitigation and air quality improvement program of section 149 
     of title 23, to reduce congestion and transportation-related 
     energy use and air pollution and mitigate the effects of 
     climate change.''.
       (b) Coordination.--The Center for Climate Change and 
     Environment of the Department of Transportation shall 
     coordinate its activities with the United States Global 
     Change Research Program.
       (c) Low-Cost Congestion Solutions.--
       (1) Study.--The Center for Climate Change and Environment, 
     in coordination with the Environmental Protection Agency, 
     shall conduct a study to examine fuel efficiency savings and 
     clean air impacts of major transportation projects, to 
     identify low-cost solutions to reduce congestion and 
     transportation-related energy use and mitigate the effects of 
     climate change, and to alleviate such problems as railroad 
     pricing that may force freight off the more fuel efficient 
     railroads and onto less fuel efficient trucks.
       (2) Report.--Not later than one year after the date of 
     enactment of this title, the Secretary of Transportation, in 
     coordination with the Administrator of the Environmental 
     Protection Agency, shall transmit to the Committee on 
     Transportation and Infrastructure and the Committee on Energy 
     and Commerce of the House of Representatives a report on low-
     cost solutions to reducing congestion and transportation-
     related energy use and mitigating the effects of climate 
     change.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary for the Center to carry 
     out its duties under section 102(g) of title 49, United 
     States Code, such sums as may be necessary for fiscal years 
     2008 through 2011.

                    Subtitle B--Highways and Transit

                     PART 1--PUBLIC TRANSPORTATION

     SEC. 8201. GRANTS TO IMPROVE PUBLIC TRANSPORTATION SERVICES.

       (a) Authorizations of Appropriations.--
       (1) Urbanized area formula grants.--In addition to amounts 
     allocated under section 5338(b)(2)(B) of title 49, United 
     States Code, to carry out section 5307 of such title, there 
     is authorized to be appropriated $750,000,000 for each of 
     fiscal years 2008 and 2009 to carry out such section 5307. 
     Such funds shall be apportioned in accordance with section 
     5336 (other than subsections (i)(1) and (j)) of such title 
     but may not be combined or commingled with any other funds 
     apportioned under such section 5336.
       (2) Formula grants for other than urbanized areas.--In 
     addition to amounts allocated under section 5338(b)(2)(G) of 
     title 49, United States Code, to carry out section 5311 of 
     such title, there is authorized to be appropriated 
     $100,000,000 for each of fiscal years 2008 and 2009 to carry 
     out such section 5311. Such funds shall be apportioned in 
     accordance with such section 5311 but may not be combined or 
     commingled with any other funds apportioned under such 
     section 5311.
       (b) Use of Funds.--Notwithstanding sections 5307 and 5311 
     of title 49, United States Code, the Secretary of 
     Transportation may make grants under such sections from 
     amounts appropriated under subsection (a) only for one or 
     more of the following:
       (1) If the recipient of the grant is reducing, or certifies 
     to the Secretary that, during the term of the grant, the 
     recipient will reduce one or more fares the recipient charges 
     for public transportation, or in the case of subsection (f) 
     of such section 5311, intercity bus

[[Page H9799]]

     service, those operating costs of equipment and facilities 
     being used to provide the public transportation, or in the 
     case of subsection (f) of such section 5311, intercity bus 
     service, that the recipient is no longer able to pay from the 
     revenues derived from such fare or fares as a result of such 
     reduction.
       (2) If the recipient of the grant is expanding, or 
     certifies to the Secretary that, during the term of the 
     grant, the recipient will expand public transportation 
     service, or in the case of subsection (f) of such section 
     5311, intercity bus service, those operating and capital 
     costs of equipment and facilities being used to provide the 
     public transportation service, or in the case of subsection 
     (f) of such section 5311, intercity bus service, that the 
     recipient incurs as a result of the expansion of such 
     service.
       (c) Federal Share.--Notwithstanding any other provision of 
     law, the Federal share of the costs for which a grant is made 
     under this section shall be 100 percent.
       (d) Period of Availability.--Funds appropriated under this 
     section shall remain available for a period of 2 fiscal 
     years.

     SEC. 8202. INCREASED FEDERAL SHARE FOR CLEAN AIR ACT 
                   COMPLIANCE.

       Notwithstanding section 5323(i)(1) of title 49, United 
     States Code, a grant for a project to be assisted under 
     chapter 53 of such title during fiscal years 2008 and 2009 
     that involves acquiring clean fuel or alternative fuel 
     vehicle-related equipment or facilities for the purposes of 
     complying with or maintaining compliance with the Clean Air 
     Act (42 U.S.C. 7401 et seq.) shall be for 100 percent of the 
     net project cost of the equipment or facility attributable to 
     compliance with that Act.

     SEC. 8203. COMMUTER RAIL TRANSIT ENHANCEMENT.

       (a) Amendment.--Part E of subtitle V of title 49, United 
     States Code, is amended by adding at the end the following:

            ``CHAPTER 285--COMMUTER RAIL TRANSIT ENHANCEMENT

``Sec.
``28501. Definitions
``28502. Surface Transportation Board mediation of trackage use 
              requests.
``28503. Surface Transportation Board mediation of rights-of-way use 
              requests.
``28504. Applicability of other laws.
``28505. Rules and regulations.

     ``Sec. 28501. Definitions

       ``In this chapter--
       ``(1) the term `Board' means the Surface Transportation 
     Board;
       ``(2) the term `capital work' means maintenance, 
     restoration, reconstruction, capacity enhancement, or 
     rehabilitation work on trackage that would be treated, in 
     accordance with generally accepted accounting principles, as 
     a capital item rather than an expense;
       ``(3) the term `fixed guideway transportation' means public 
     transportation (as defined in section 5302(a)(10)) provided 
     on, by, or using a fixed guideway (as defined in section 
     5302(a)(4));
       ``(4) the term `public transportation authority' means a 
     local governmental authority (as defined in section 
     5302(a)(6)) established to provide, or make a contract 
     providing for, fixed guideway transportation;
       ``(5) the term `rail carrier' means a person, other than a 
     governmental authority, providing common carrier railroad 
     transportation for compensation subject to the jurisdiction 
     of the Board under chapter 105;
       ``(6) the term `segregated fixed guideway facility' means a 
     fixed guideway facility constructed within the railroad 
     right-of-way of a rail carrier but physically separate from 
     trackage, including relocated trackage, within the right-of-
     way used by a rail carrier for freight transportation 
     purposes; and
       ``(7) the term `trackage' means a railroad line of a rail 
     carrier, including a spur, industrial, team, switching, side, 
     yard, or station track, and a facility of a rail carrier.

     ``Sec. 28502. Surface Transportation Board mediation of 
       trackage use requests

       ``If, after a reasonable period of negotiation, a public 
     transportation authority cannot reach agreement with a rail 
     carrier to use trackage of, and have related services 
     provided by, the rail carrier for purposes of fixed guideway 
     transportation, the public transportation authority or the 
     rail carrier may apply to the Board for nonbinding mediation. 
     The Board shall conduct the nonbinding mediation in 
     accordance with the mediation process of section 1109.4 of 
     title 49, Code of Federal Regulations, as in effect on the 
     date of enactment of this section.

     ``Sec. 28503. Surface Transportation Board mediation of 
       rights-of-way use requests

       ``If, after a reasonable period of negotiation, a public 
     transportation authority cannot reach agreement with a rail 
     carrier to acquire an interest in a railroad right-of-way for 
     the construction and operation of a segregated fixed guideway 
     facility, the public transportation authority or the rail 
     carrier may apply to the Board for nonbinding mediation. The 
     Board shall conduct the nonbinding mediation in accordance 
     with the mediation process of section 1109.4 of title 49, 
     Code of Federal Regulations, as in effect on the date of 
     enactment of this section.

     ``Sec. 28504. Applicability of other laws

       ``Nothing in this chapter shall be construed to limit a 
     rail transportation provider's right under section 28103(b) 
     to enter into contracts that allocate financial 
     responsibility for claims.

     ``Sec. 28505. Rules and regulations

       ``Not later than 180 days after the date of enactment of 
     this section, the Board shall issue such rules and 
     regulations as may be necessary to carry out this chapter.''.
       (b) Clerical Amendment.--The table of chapters of such 
     subtitle is amended by adding after the item relating to 
     chapter 283 the following:

``285. COMMUTER RAIL TRANSIT ENHANCEMENT...................28501''.....

                      PART 2--FEDERAL-AID HIGHWAYS

     SEC. 8251. INCREASED FEDERAL SHARE FOR CMAQ PROJECTS.

       Section 120(c) of title 23, United States Code, is 
     amended--
       (1) in the subsection heading by striking ``for Certain 
     Safety Projects'';
       (2) by striking ``The Federal share'' and inserting the 
     following:
       ``(1) Certain safety projects.--The Federal share''; and
       (3) by adding at the end the following:
       ``(2) CMAQ projects.--The Federal share payable on account 
     of a project or program carried out under section 149 with 
     funds obligated in fiscal year 2008 or 2009, or both, shall 
     be 100 percent of the cost thereof.''.

     SEC. 8252. DISTRIBUTION OF RESCISSIONS.

       (a) In General.--Any unobligated balances of amounts that 
     are appropriated from the Highway Trust Fund for a fiscal 
     year, and apportioned under chapter 1 of title 23, United 
     States Code, before, on, or after the date of enactment of 
     this Act and that are rescinded after such date of enactment 
     shall be distributed within each State (as defined in section 
     101 of such title) among all programs for which funds are 
     apportioned under such chapter for such fiscal year, to the 
     extent sufficient funds remain available for obligation, in 
     the ratio that the amount of funds apportioned for each 
     program under such chapter for such fiscal year, bears to the 
     amount of funds apportioned for all such programs under such 
     chapter for such fiscal year.
       (b) Treatment of Transportation Enhancement Set-Aside and 
     Funds Suballocated to Substate Areas.--Funds set aside under 
     sections 133(d)(2) and 133(d)(3) of title 23, United States 
     Code, shall be treated as being apportioned under chapter 1 
     of such title for purposes of subsection (a).

     SEC. 8253. SENSE OF CONGRESS REGARDING USE OF COMPLETE 
                   STREETS DESIGN TECHNIQUES.

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

            Subtitle C--Railroad and Pipeline Transportation

                           PART 1--RAILROADS

     SEC. 8301. ADVANCED TECHNOLOGY LOCOMOTIVE GRANT PILOT 
                   PROGRAM.

       (a) In General.--The Secretary of Transportation, in 
     coordination with the Administrator of the Environmental 
     Protection Agency, shall establish and carry out a pilot 
     program for making grants to railroad carriers (as defined in 
     section 20102 of title 49, United States Code) and State and 
     local governments--
       (1) for assistance in purchasing hybrid locomotives, 
     including hybrid switch locomotives; and
       (2) to demonstrate the extent to which such locomotives 
     increase fuel economy, reduce emissions, and lower costs of 
     operation.
       (b) Limitation.--Notwithstanding subsection (a), no grant 
     under this section may be used to fund the costs of emissions 
     reductions that are mandated under Federal, State, or local 
     law.
       (c) Grant Criteria.--In selecting applicants for grants 
     under this section, the Secretary shall consider--
       (1) the level of energy efficiency that would be achieved 
     by the proposed project;
       (2) the extent to which the proposed project would assist 
     in commercial deployment of hybrid locomotive technologies;
       (3) the extent to which the proposed project complements 
     other private or governmental partnership efforts to improve 
     air quality or fuel efficiency in a particular area; and
       (4) the extent to which the applicant demonstrates 
     innovative strategies and a financial commitment to 
     increasing energy efficiency and reducing greenhouse gas 
     emissions of its railroad operations.
       (d) Competitive Grant Selection Process.--
       (1) Applications.--A railroad carrier or State or local 
     government seeking a grant under this section shall submit 
     for approval by the Secretary an application for the grant 
     under this section containing such information as the 
     Secretary may require to receive a grant under this section.
       (2) Competitive selection.--The Secretary shall conduct a 
     national solicitation for applications for grants under this 
     section and shall select grantees on a competitive basis.
       (e) Federal Share.--The Federal share of the cost of a 
     project under this section shall not exceed 90 percent of the 
     project cost.

[[Page H9800]]

       (f) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the results of the pilot program carried out 
     under this section.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary $10,000,000 for each of 
     the fiscal years 2008 through 2011 to carry out this section. 
     Such funds shall remain available until expended.

     SEC. 8302. CAPITAL GRANTS FOR RAILROAD TRACK.

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

            ``CHAPTER 223--CAPITAL GRANTS FOR RAILROAD TRACK

``Sec.
``22301. Capital grants for railroad track.

     ``Sec. 22301. Capital grants for railroad track

       ``(a) Establishment of Program.--
       ``(1) Establishment.--The Secretary of Transportation shall 
     establish a program of capital grants for the rehabilitation, 
     preservation, or improvement of railroad track (including 
     roadbed, bridges, and related track structures) of class II 
     and class III railroads. Such grants shall be for 
     rehabilitating, preserving, or improving track used primarily 
     for freight transportation to a standard ensuring that the 
     track can be operated safely and efficiently, including 
     grants for rehabilitating, preserving, or improving track to 
     handle 286,000 pound railcars. Grants may be provided under 
     this chapter--
       ``(A) directly to the class II or class III railroad; or
       ``(B) with the concurrence of the class II or class III 
     railroad, to a State or local government.
       ``(2) State cooperation.--Class II and class III railroad 
     applicants for a grant under this chapter are encouraged to 
     utilize the expertise and assistance of State transportation 
     agencies in applying for and administering such grants. State 
     transportation agencies are encouraged to provide such 
     expertise and assistance to such railroads.
       ``(3) Interim regulations.--Not later than December 31, 
     2007, the Secretary shall issue temporary regulations to 
     implement the program under this section. Subchapter II of 
     chapter 5 of title 5 does not apply to a temporary regulation 
     issued under this paragraph or to an amendment to such a 
     temporary regulation.
       ``(4) Final regulations.--Not later than October 1, 2008, 
     the Secretary shall issue final regulations to implement the 
     program under this section.
       ``(b) Maximum Federal Share.--The maximum Federal share for 
     carrying out a project under this section shall be 80 percent 
     of the project cost. The non-Federal share may be provided by 
     any non-Federal source in cash, equipment, or supplies. Other 
     in-kind contributions may be approved by the Secretary on a 
     case-by-case basis consistent with this chapter.
       ``(c) Project Eligibility.--For a project to be eligible 
     for assistance under this section the track must have been 
     operated or owned by a class II or class III railroad as of 
     the date of the enactment of this chapter.
       ``(d) Use of Funds.--Grants provided under this section 
     shall be used to implement track capital projects as soon as 
     possible. In no event shall grant funds be contractually 
     obligated for a project later than the end of the third 
     Federal fiscal year following the year in which the grant was 
     awarded. Any funds not so obligated by the end of such fiscal 
     year shall be returned to the Secretary for reallocation.
       ``(e) Employee Protection.--The Secretary shall require as 
     a condition of any grant made under this section that the 
     recipient railroad provide a fair arrangement at least as 
     protective of the interests of employees who are affected by 
     the project to be funded with the grant as the terms imposed 
     under section 11326(a), as in effect on the date of the 
     enactment of this chapter.
       ``(f) Labor Standards.--
       ``(1) Prevailing wages.--The Secretary shall ensure that 
     laborers and mechanics employed by contractors and 
     subcontractors in construction work financed by a grant made 
     under this section will be paid wages not less than those 
     prevailing on similar construction in the locality, as 
     determined by the Secretary of Labor under subchapter IV of 
     chapter 31 of title 40 (commonly known as the `Davis-Bacon 
     Act'). The Secretary shall make a grant under this section 
     only after being assured that required labor standards will 
     be maintained on the construction work.
       ``(2) Wage rates.--Wage rates in a collective bargaining 
     agreement negotiated under the Railway Labor Act (45 U.S.C. 
     151 et seq.) are deemed for purposes of this subsection to 
     comply with the subchapter IV of chapter 31 of title 40.
       ``(g) Study.--The Secretary shall conduct a study of the 
     projects carried out with grant assistance under this section 
     to determine the public interest benefits associated with the 
     light density railroad networks in the States and their 
     contribution to a multimodal transportation system. Not later 
     than March 31, 2009, the Secretary shall report to Congress 
     any recommendations the Secretary considers appropriate 
     regarding the eligibility of light density rail networks for 
     Federal infrastructure financing.
       ``(h) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Transportation 
     $250,000,000 for each of fiscal years 2008 through 2011 for 
     carrying out this section.''.
       (b) Clerical Amendment.--The item relating to chapter 223 
     in the table of chapters of subtitle V of title 49, United 
     States Code, is amended to read as follows:

``223. CAPITAL GRANTS FOR RAILROAD TRACK...................22301''.....

                           PART 2--PIPELINES

     SEC. 8311. FEASIBILITY STUDIES.

       (a) In General.--The Secretary of Energy, in coordination 
     with the Secretary of Transportation, shall conduct 
     feasibility studies for the construction of pipeline 
     dedicated to the transportation of ethanol.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Energy shall submit 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report on such 
     feasibility studies.
       (c) Study Factors.--Feasibility studies funded under this 
     part shall include consideration of--
       (1) existing or potential barriers to the construction of 
     pipelines dedicated to the transportation of ethanol, 
     including technical, siting, financing, and regulatory 
     barriers;
       (2) market risk, including throughput risk;
       (3) regulatory, financing, and siting options that would 
     mitigate such risk and help ensure the construction of 
     pipelines dedicated to the transportation of ethanol;
       (4) ensuring the safe transportation of ethanol and 
     preventive measures to ensure pipeline integrity; and
       (5) such other factors as the Secretary of Energy considers 
     appropriate.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Energy to carry out 
     this section $1,000,000 for each of the fiscal years 2008 and 
     2009, to remain available until expended.

                  Subtitle D--Maritime Transportation

                       PART 1--GENERAL PROVISIONS

     SEC. 8401. SHORT SEA TRANSPORTATION INITIATIVE.

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

                ``CHAPTER 556--SHORT SEA TRANSPORTATION

``Sec. 55601. Short sea transportation program.
``Sec. 55602. Cargo and shippers.
``Sec. 55603. Financing of short sea transportation projects.
``Sec. 55604. Interagency coordination.
``Sec. 55605. Research on short sea transportation.
``Sec. 55606. Short sea transportation defined.

     ``Sec. 55601. Short sea transportation program

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

[[Page H9801]]

     transport of freight and passengers in their transportation 
     planning; and
       ``(3) encourage groups of States and multi-State 
     transportation entities to determine how short sea 
     transportation can address congestion, bottlenecks, and other 
     interstate transportation challenges.

     ``Sec. 55602. Cargo and shippers

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

     ``Sec. 55603. Financing of short sea transportation projects

       ``(a) Authority To Make Loan Guarantee.--The Secretary of 
     Transportation, subject to the availability of 
     appropriations, may make a loan guarantee for the financing 
     of the construction, reconstruction, or reconditioning of a 
     vessel that will be used for a short sea transportation 
     project designated under section 55601.
       ``(b) Terms and Conditions.--In making a loan guarantee 
     under this section, the Secretary shall use the authority, 
     terms, and conditions that apply to a loan guarantee made 
     under chapter 537.
       ``(c) General Limitations.--The total unpaid principal 
     amount of obligations guaranteed under this chapter and 
     outstanding at one time may not exceed $2,000,000,000.
       ``(d) Full Faith and Credit.--The full faith and credit of 
     the United States Government is pledged to the payment of a 
     guarantee made under this chapter, for both principal and 
     interest, including interest (as may be provided for in the 
     guarantee) accruing between the date of default under a 
     guaranteed obligation and the date of payment in full of the 
     guarantee.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated $25,000,000 to carry out this section for 
     each of fiscal years 2008 through 2011.

     ``Sec. 55604. Interagency coordination

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

     ``Sec. 55605. Research on short sea transportation

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

     ``Sec. 55606. Short sea transportation defined

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

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

       (c) Regulations.--
       (1) Interim regulations.--Not later than December 31, 2007, 
     the Secretary of Transportation shall issue temporary 
     regulations to implement the program under this section. 
     Subchapter II of chapter 5 of title 5, United States Code, 
     does not apply to a temporary regulation issued under this 
     paragraph or to an amendment to such a temporary regulation.
       (2) Final regulations.--Not later than October 1, 2008, the 
     Secretary shall issue final regulations to implement the 
     program under this section.

     SEC. 8402. SHORT SEA SHIPPING ELIGIBILITY FOR CAPITAL 
                   CONSTRUCTION FUND.

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

     SEC. 8403. REPORT.

       Not later than one year after the date of enactment of this 
     Act, the Secretary of Transportation, in consultation with 
     the Administrator of the Environmental Protection Agency, 
     shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on the short sea transportation program 
     established under the amendments made by section 8401. The 
     report shall include a description of the activities 
     conducted under the program, and any recommendations for 
     further legislative or administrative action that the 
     Secretary considers appropriate.

                       PART 2--MARITIME POLLUTION

     SEC. 8451. REFERENCES.

       Wherever in this part an amendment or repeal is expressed 
     in terms of an amendment to or a repeal of a section or other 
     provision, the reference shall be considered to be made to a 
     section or other provision of the Act to Prevent Pollution 
     from Ships (33 U.S.C. 1901 et seq.).

     SEC. 8452. DEFINITIONS.

       Section 2(a) (33 U.S.C. 1901(a)) is amended--
       (1) by redesignating paragraphs (1) through (12) as 
     paragraphs (2) through (13), respectively;
       (2) by inserting before paragraph (2) (as so redesignated) 
     the following:
       ``(1) `Administrator' means the Administrator of the 
     Environmental Protection Agency.'';
       (3) in paragraph (5) (as so redesignated) by striking ``and 
     V'' and inserting ``V, and VI'';
       (4) in paragraph (6) (as so redesignated) by striking `` 
     `discharge' and `garbage' and `harmful substance' and 
     `incident' '' and inserting `` `discharge', `emission', 
     `garbage', `harmful substance', and `incident' ''; and
       (5) by redesignating paragraphs (7) through (13) (as 
     redesignated) as paragraphs (8) through (14), respectively, 
     and inserting after paragraph (6) (as redesignated) the 
     following:
       ``(7) `navigable waters' includes the territorial sea of 
     the United States (as defined in Presidential Proclamation 
     5928 of December 27, 1988) and the internal waters of the 
     United States;''.

     SEC. 8453. APPLICABILITY.

       Section 3 (33 U.S.C. 1902) is amended--
       (1) in subsection (a)--
       (A) by striking ``and'' at the end of paragraph (3);
       (B) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) with respect to Annex VI to the Convention, and other 
     than with respect to a ship referred to in paragraph (1)--
       ``(A) to a ship that is in a port, shipyard, offshore 
     terminal, or the internal waters of the United States;
       ``(B) to a ship that is bound for, or departing from, a 
     port, shipyard, offshore terminal, or the internal waters of 
     the United States, and is in--
       ``(i) the navigable waters of the United States;
       ``(ii) an emission control area designated pursuant to 
     section 4; or
       ``(iii) any other area that the Administrator, in 
     consultation with the Secretary and each State that is 
     adjacent to any part of the proposed area, has designated by 
     order as being an area from which emissions from ships are of 
     concern with respect to protection of public health, welfare, 
     or the environment;
       ``(C) to a ship that is entitled to fly the flag of, or 
     operating under the authority of, a party to Annex VI, and is 
     in--
       ``(i) the navigable waters of the United States;
       ``(ii) an emission control area designated under section 4; 
     or
       ``(iii) any other area that the Administrator, in 
     consultation with the Secretary and each State that is 
     adjacent to any part of the proposed area, has designated by 
     order as being an area from which emissions from ships are of 
     concern with respect to protection of public health, welfare, 
     or the environment; and
       ``(D) to the extent consistent with international law, to 
     any other ship that is in--
       ``(i) the exclusive economic zone of the United States;
       ``(ii) the navigable waters of the United States;

[[Page H9802]]

       ``(iii) an emission control area designated under section 
     4; or
       ``(iv) any other area that the Administrator, in 
     consultation with the Secretary and each State in which any 
     part of the area is located, has designated by order as being 
     an area from which emissions from ships are of concern with 
     respect to protection of public health, welfare, or the 
     environment.'';
       (2) in subsection (b)--
       (A) in paragraph (1) by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (3)''; and
       (B) by adding at the end the following:
       ``(3) With respect to Annex VI the Administrator, or the 
     Secretary, as relevant to their authorities pursuant to this 
     Act, may determine that some or all of the requirements under 
     this Act shall apply to one or more classes of public 
     vessels, except that such a determination by the 
     Administrator shall have no effect unless the head of the 
     Department or agency under which the vessels operate concurs 
     in the determination. This paragraph does not apply during 
     time of war or during a declared national emergency.'';
       (3) by redesignating subsections (c) through (g) as 
     subsections (d) through (h), respectively;
       (4) by inserting after subsection (b) the following:
       ``(c) Application to Other Persons.--This Act shall apply 
     to all persons to the extent necessary to ensure compliance 
     with Annex VI to the Convention.''; and
       (5) in subsection (e), as redesignated--
       (A) by inserting ``or the Administrator, consistent with 
     section 4 of this Act,'' after ``Secretary'';
       (B) by striking ``of section (3)'' and inserting ``of this 
     section''; and
       (C) by striking ``Protocol, including regulations 
     conforming to and giving effect to the requirements of Annex 
     V'' and inserting ``Protocol (or the applicable Annex), 
     including regulations conforming to and giving effect to the 
     requirements of Annex V and Annex VI''.

     SEC. 8454. ADMINISTRATION AND ENFORCEMENT.

       Section 4 (33 U.S.C. 1903) is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively;
       (2) by inserting after subsection (a) the following:
       ``(b) Duty of the Administrator.--In addition to other 
     duties specified in this Act, the Administrator and the 
     Secretary, respectively, shall have the following duties and 
     authorities:
       ``(1) The Administrator shall, and no other person may, 
     issue Engine International Air Pollution Prevention 
     certificates in accordance with Annex VI and the 
     International Maritime Organization's Technical Code on 
     Control of Emissions of Nitrogen Oxides from Marine Diesel 
     Engines, on behalf of the United States for a vessel of the 
     United States as that term is defined in section 116 of title 
     46, United States Code. The issuance of Engine International 
     Air Pollution Prevention certificates shall be consistent 
     with any applicable requirements of the Clean Air Act (42 
     U.S.C. 7401 et seq.) or regulations prescribed under that 
     Act.
       ``(2) The Administrator shall have authority to administer 
     regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to 
     the Convention.
       ``(3) The Administrator shall, only as specified in section 
     8(f), have authority to enforce Annex VI of the 
     Convention.''; and
       (3) in subsection (c), as redesignated--
       (A) by redesignating paragraph (2) as paragraph (4);
       (B) by inserting after paragraph (1) the following:
       ``(2) In addition to the authority the Secretary has to 
     prescribe regulations under this Act, the Administrator shall 
     also prescribe any necessary or desired regulations to carry 
     out the provisions of regulations 12, 13, 14, 15, 16, 17, 18, 
     and 19 of Annex VI to the Convention.
       ``(3) In prescribing any regulations under this section, 
     the Secretary and the Administrator shall consult with each 
     other, and with respect to regulation 19, with the Secretary 
     of the Interior.''; and
       (C) by adding at the end the following:
       ``(5) No standard issued by any person or Federal 
     authority, with respect to emissions from tank vessels 
     subject to regulation 15 of Annex VI to the Convention, shall 
     be effective until 6 months after the required notification 
     to the International Maritime Organization by the 
     Secretary.''.

     SEC. 8455. CERTIFICATES.

       Section 5 (33 U.S.C. 1904) is amended--
       (1) in subsection (a) by striking ``The Secretary'' and 
     inserting ``Except as provided in section 4(b)(1), the 
     Secretary'';
       (2) in subsection (b) by striking ``Secretary under the 
     authority of the MARPOL protocol.'' and inserting ``Secretary 
     or the Administrator under the authority of this Act.''; and
       (3) in subsection (e) by striking ``environment.'' and 
     inserting ``environment or the public health and welfare.''.

     SEC. 8456. RECEPTION FACILITIES.

       Section 6 (33 U.S.C. 1905) is amended--
       (1) in subsection (a) by adding at the end the following:
       ``(3) The Secretary and the Administrator, after consulting 
     with appropriate Federal agencies, shall jointly prescribe 
     regulations setting criteria for determining the adequacy of 
     reception facilities for receiving ozone depleting 
     substances, equipment containing such substances, and exhaust 
     gas cleaning residues at a port or terminal, and stating any 
     additional measures and requirements as are appropriate to 
     ensure such adequacy. Persons in charge of ports and 
     terminals shall provide reception facilities, or ensure that 
     reception facilities are available, in accordance with those 
     regulations. The Secretary and the Administrator may jointly 
     prescribe regulations to certify, and may issue certificates 
     to the effect, that a port's or terminal's facilities for 
     receiving ozone depleting substances, equipment containing 
     such substances, and exhaust gas cleaning residues from ships 
     are adequate.'';
       (2) in subsection (b) by inserting ``or the Administrator'' 
     after ``Secretary'';
       (3) in subsection (e) by striking paragraph (2) and 
     inserting the following:
       ``(2) The Secretary may deny the entry of a ship to a port 
     or terminal required by the MARPOL Protocol, this Act, or 
     regulations prescribed under this section relating to the 
     provision of adequate reception facilities for garbage, ozone 
     depleting substances, equipment containing those substances, 
     or exhaust gas cleaning residues, if the port or terminal is 
     not in compliance with the MARPOL Protocol, this Act, or 
     those regulations.'';
       (4) in subsection (f)(1) by striking ``Secretary is'' and 
     inserting ``Secretary and the Administrator are''; and
       (5) in subsection (f)(2) by striking ``(A)''.

     SEC. 8457. INSPECTIONS.

       Section 8(f) (33 U.S.C. 1907(f)) is amended to read as 
     follows:
       ``(f)(1) The Secretary may inspect a ship to which this Act 
     applies as provided under section 3(a)(5), to verify whether 
     the ship is in compliance with Annex VI to the Convention and 
     this Act.
       ``(2) If an inspection under this subsection or any other 
     information indicates that a violation has occurred, the 
     Secretary, or the Administrator in a matter referred by the 
     Secretary, may undertake enforcement action under this 
     section.
       ``(3) Notwithstanding subsection (b) and paragraph (2) of 
     this subsection, the Administrator shall have all of the 
     authorities of the Secretary, as specified in subsection (b) 
     of this section, for the purposes of enforcing regulations 17 
     and 18 of Annex VI to the Convention to the extent that 
     shoreside violations are the subject of the action and in any 
     other matter referred to the Administrator by the 
     Secretary.''.

     SEC. 8458. AMENDMENTS TO THE PROTOCOL.

       Section 10(b) (33 U.S.C. 1909(b)) is amended by inserting 
     ``or the Administrator as provided for in this Act,'' after 
     ``Secretary,''.

     SEC. 8459. PENALTIES.

       Section 9 (33 U.S.C. 1908) is amended--
       (1) by striking ``Protocol,,'' each place it appears and 
     inserting ``Protocol,'';
       (2) in subsection (b) by inserting ``, or the Administrator 
     as provided for in this Act'' after ``Secretary'' the first 
     place it appears;
       (3) in subsection (b)(2), by inserting ``, or the 
     Administrator as provided for in this Act,'' after 
     ``Secretary'';
       (4) in the matter after paragraph (2) of subsection (b)--
       (A) by inserting ``, or the Administrator as provided for 
     in this Act'' after ``Secretary'' the first place it appears; 
     and
       (B) by inserting ``, or the Administrator as provided for 
     in this Act,'' after ``Secretary'' the second and third 
     places it appears;
       (5) in subsection (c) by inserting ``, or the Administrator 
     as provided for in this Act,'' after ``Secretary'' each place 
     it appears; and
       (6) in subsection (f) by inserting ``, or the Administrator 
     as provided for in this Act'' after ``Secretary'' the first 
     place appears.

     SEC. 8460. EFFECT ON OTHER LAWS.

       Section 15 (33 U.S.C. 1911) is amended to read as follows:

     ``SEC. 15. EFFECT ON OTHER LAWS.

       ``Authorities, requirements, and remedies of this Act 
     supplement and neither amend nor repeal any other 
     authorities, requirements, or remedies conferred by any other 
     provision of law. Nothing in this Act shall limit, deny, 
     amend, modify, or repeal any other authority, requirement, or 
     remedy available to the United States or any other person, 
     except as expressly provided in this Act.''.

                          Subtitle E--Aviation

     SEC. 8501. ENVIRONMENTAL MITIGATION PILOT PROGRAM.

       (a) Establishment.--The Secretary of Transportation, in 
     coordination with the Administrator of the Environmental 
     Protection Agency, shall establish a pilot program to carry 
     out not more than 6 environmental mitigation demonstration 
     projects at public-use airports.
       (b) Grants.--In implementing the program, the Secretary may 
     make a grant to the sponsor of a public-use airport from 
     funds apportioned under section 47117(e)(1)(A) of title 49, 
     United States Code, to carry out an environmental mitigation 
     demonstration project to measurably reduce or mitigate 
     aviation impacts on noise, air quality, or water quality in 
     the vicinity of the airport.
       (c) Eligibility for Passenger Facility Fees.--An 
     environmental mitigation demonstration project that receives 
     funds made available under this section may be considered an 
     eligible airport-related project for purposes of section 
     40117 of such title.
       (d) Selection Criteria.--In selecting among applicants for 
     participation in the program, the Secretary shall give 
     priority consideration to applicants proposing to carry out 
     environmental mitigation demonstration projects that will--

[[Page H9803]]

       (1) achieve the greatest reductions in aircraft noise, 
     airport emissions, or airport water quality impacts either on 
     an absolute basis or on a per dollar of funds expended basis; 
     and
       (2) be implemented by an eligible consortium.
       (e) Federal Share.--Notwithstanding any provision of 
     subchapter I of chapter 471 of such title, the United States 
     Government share of allowable project costs of an 
     environmental mitigation demonstration project carried out 
     under this section shall be 50 percent.
       (f) Maximum Amount.--The Secretary may not make grants for 
     a single environmental mitigation demonstration project under 
     this section in a total amount that exceeds $2,500,000.
       (g) Publication of Information.--The Secretary may develop 
     and publish information on the results of environmental 
     mitigation demonstration projects carried out under this 
     section, including information identifying best practices for 
     reducing or mitigating aviation impacts on noise, air 
     quality, or water quality in the vicinity of airports.
       (h) Definitions.--In this section, the following 
     definitions apply:
       (1) Eligible consortium.--The term ``eligible consortium'' 
     means a consortium of 2 or more of the following entities:
       (A) A business incorporated in the United States.
       (B) A public or private educational or research 
     organization located in the United States.
       (C) An entity of a State or local government.
       (D) A Federal laboratory.
       (2) Environmental mitigation demonstration project.--The 
     term ``environmental mitigation demonstration project'' means 
     a project that--
       (A) demonstrates at a public-use airport environmental 
     mitigation techniques or technologies with associated 
     benefits, which have already been proven in laboratory 
     demonstrations;
       (B) utilizes methods for efficient adaptation or 
     integration of innovative concepts to airport operations; and
       (C) demonstrates whether a technique or technology for 
     environmental mitigation identified in research is--
       (i) practical to implement at or near multiple public-use 
     airports; and
       (ii) capable of reducing noise, airport emissions, 
     greenhouse gas emissions, or water quality impacts in 
     measurably significant amounts.

                      Subtitle F--Public Buildings

                PART 1--GENERAL SERVICES ADMINISTRATION

     SEC. 8601. PUBLIC BUILDING ENERGY EFFICIENT AND RENEWABLE 
                   ENERGY SYSTEMS.

       (a) Estimate of Energy Performance in Prospectus.--Section 
     3307(b) of title 40, United States Code, is amended--
       (1) by striking ``and'' at the end of paragraph (5);
       (2) by striking the period at the end of paragraph (6) and 
     inserting ``; and''; and
       (3) by inserting after paragraph (6) the following:
       ``(7) with respect to any prospectus for the construction, 
     alteration, or acquisition of any building or space to be 
     leased, an estimate of the future energy performance of the 
     building or space and a specific description of the use of 
     energy efficient and renewable energy systems, including 
     photovoltaic systems, in carrying out the project.''.
       (b) Minimum Performance Requirements for Leased Space.--
     Section 3307 of such of title is amended--
       (1) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively; and
       (2) by inserting after subsection (e) the following:
       ``(f) Minimum Performance Requirements for Leased Space.--
     With respect to space to be leased, the Administrator shall 
     include, to the maximum extent practicable, minimum 
     performance requirements requiring energy efficiency and the 
     use of renewable energy.''.
       (c) Use of Energy Efficient Lighting Fixtures and Bulbs.--
       (1) In general.--Chapter 33 of such title is amended--
       (A) by redesignating sections 3313, 3314, and 3315 as 
     sections 3315, 3316, and 3317, respectively; and
       (B) by inserting after section 3312 the following:

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

       ``(a) Construction, Alteration, and Acquisition of Public 
     Buildings.--Each public building constructed, altered, or 
     acquired by the Administrator of General Services shall be 
     equipped, to the maximum extent feasible as determined by the 
     Administrator, with lighting fixtures and bulbs that are 
     energy efficient.
       ``(b) Maintenance of Public Buildings.--Each lighting 
     fixture or bulb that is replaced by the Administrator in the 
     normal course of maintenance of public buildings shall be 
     replaced, to the maximum extent feasible, with a lighting 
     fixture or bulb that is energy efficient.
       ``(c) Considerations.--In making a determination under this 
     section concerning the feasibility of installing a lighting 
     fixture or bulb that is energy efficient, the Administrator 
     shall consider--
       ``(1) the life-cycle cost effectiveness of the fixture or 
     bulb;
       ``(2) the compatibility of the fixture or bulb with 
     existing equipment;
       ``(3) whether use of the fixture or bulb could result in 
     interference with productivity;
       ``(4) the aesthetics relating to use of the fixture or 
     bulb; and
       ``(5) such other factors as the Administrator determines 
     appropriate.
       ``(d) Energy Star.--A lighting fixture or bulb shall be 
     treated as being energy efficient for purposes of this 
     section if--
       ``(1) the fixture or bulb is certified under the Energy 
     Star program established by section 324A of the Energy Policy 
     and Conservation Act (42 U.S.C. 6294a); or
       ``(2) the Administrator has otherwise determined that the 
     fixture or bulb is energy efficient.
       ``(e) Applicability of Buy American Act.--Acquisitions 
     carried out pursuant to this section shall be subject to the 
     requirements of the Buy American Act (41 U.S.C. 10c et seq.).
       ``(f) Effective Date.--The requirements of subsections (a) 
     and (b) shall take effect one year after the date of 
     enactment of this subsection.''.
       (2) Clerical amendment.--The analysis for such chapter is 
     amended by striking the items relating to sections 3313, 
     3314, and 3315 and inserting the following:

``3313. Use of energy efficient lighting fixtures and bulbs.
``3314. Maximum period for utility services contracts.
``3315. Delegation.
``3316. Report to Congress.
``3317. Certain authority not affected.''.

       (d) Maximum Period for Utility Service Contracts.--Such 
     chapter is further amended by inserting after section 3313 
     (as inserted by subsection (c)(1) of this section) the 
     following:

     ``Sec. 3314. Maximum period for utility service contracts

       ``Notwithstanding section 501(b)(1)(B), the Administrator 
     of General Services may contract for public utility services 
     for a period of not more than 30 years if cost effective and 
     necessary to promote the use of energy efficient and 
     renewable energy systems, including photovoltaic systems.''.
       (e) Evaluation Factor.--Section 3310 of such title is 
     amended--
       (1) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (4), (5), and (6), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) shall include in the solicitation for any lease 
     requiring a prospectus under section 3307 an evaluation 
     factor considering the extent to which the offeror will 
     promote energy efficiency and the use of renewable energy;''.

     SEC. 8602. PUBLIC BUILDING LIFE-CYCLE COSTS.

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

     SEC. 8603. INSTALLATION OF PHOTOVOLTAIC SYSTEM AT DEPARTMENT 
                   OF ENERGY HEADQUARTERS BUILDING.

       (a) In General.--The Administrator of General Services 
     shall install a photovoltaic system, as set forth in the Sun 
     Wall Design Project, for the headquarters building of the 
     Department of Energy located at 1000 Independence Avenue, 
     SW., Washington, DC, commonly known as the Forrestal 
     Building.
       (b) Funding.--There shall be available from the Federal 
     Buildings Fund established by section 592 of title 40, United 
     States Code, $30,000,000 to carry out this section. Such sums 
     shall be derived from the unobligated balance of amounts made 
     available from the Fund for fiscal year 2007, and prior 
     fiscal years, for repairs and alternations and other 
     activities (excluding amounts made available for the energy 
     program). Such sums shall remain available until expended.
       (c) Obligation of Funds.--None of the funds made available 
     pursuant to subsection (b) may be obligated prior to 
     September 30, 2007.

                          PART 2--COAST GUARD

     SEC. 8631. PROHIBITION ON INCANDESCENT LAMPS BY COAST GUARD.

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

                    PART 3--ARCHITECT OF THE CAPITOL

     SEC. 8651. CAPITOL COMPLEX PHOTOVOLTAIC ROOF FEASIBILITY 
                   STUDY.

       (a) Study.--The Architect of the Capitol may perform a 
     feasibility study regarding construction of a photovoltaic 
     roof for the Rayburn House Office Building.

[[Page H9804]]

       (b) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Architect of the Capitol shall 
     transmit to the Committee on Transportation and 
     Infrastructure of the House of Representatives a report on 
     the results of the feasibility study and recommendations 
     regarding construction of a photovoltaic roof for the 
     building referred to in subsection (a).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary for fiscal year 2008.

     SEC. 8652. CAPITOL COMPLEX E-85 REFUELING STATION.

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

     SEC. 8653. ENERGY AND ENVIRONMENTAL MEASURES IN CAPITOL 
                   COMPLEX MASTER PLAN.

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

     SEC. 8654. CAPITOL POWER PLANT.

       (a) In General.--For the purpose of reducing carbon dioxide 
     emissions, the Architect of the Capitol shall install 
     technologies for the capture and storage or use of carbon 
     dioxide emitted from the Capitol Power plant as a result of 
     burning coal.
       (b) Capitol Power Plant Defined.--In this section, the term 
     ``Capitol power plant'' means the power plant constructed in 
     the vicinity of the Capitol Complex in the District of 
     Columbia pursuant to the Act of April 28, 1904 (33 Stat. 479, 
     chapter 1762), and designated under the Act of March 4, 1911 
     (2 U.S.C. 2162).

     SEC. 8655. PROMOTING MAXIMUM EFFICIENCY IN OPERATION OF 
                   CAPITOL POWER PLANT.

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

     SEC. 8656. PROMOTING MAXIMUM EFFICIENCY IN OPERATION OF 
                   CAPITOL POWER PLANT.

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

   Subtitle G--Water Resources and Emergency Management Preparedness

                        PART 1--WATER RESOURCES

     SEC. 8701. POLICY OF THE UNITED STATES.

       It is the policy of the United States that all Federal 
     water resources projects--
       (1) reflect national priorities for flood damage reduction, 
     navigation, ecosystem restoration, and hazard mitigation and 
     consider the future impacts of increased hurricanes, 
     droughts, and other climate change-related weather events;
       (2) avoid the unwise use of floodplains, minimize 
     vulnerabilities in any case in which a floodplain must be 
     used, protect and restore the extent and functions of natural 
     systems, and mitigate any unavoidable damage to aquatic 
     natural system; and
       (3) to the maximum extent possible, avoid impacts to 
     wetlands, which create natural buffers, help filter water, 
     serve as recharge areas for aquifers, reduce floods and 
     erosion, and provide valuable plant and animal habitat.

     SEC. 8702. 21ST CENTURY WATER COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the 21st Century Water Commission (in this section 
     referred to as the ``Commission'').
       (b) Duties.--The duties of the Commission shall be to--
       (1) use existing water assessments and conduct such 
     additional studies and assessments as may be necessary to 
     project--
       (A) future water supply and demand;
       (B) impacts of climate change to our Nation's flood risk 
     and water availability; and
       (C) associated impacts of climate change on water quality;
       (2)(A) study current water management programs of Federal, 
     interstate, State, and local agencies and private sector 
     entities directed at increasing water supplies and improving 
     the availability, reliability, and quality of freshwater 
     resources; and
       (B) evaluate such programs' hazard mitigation strategies 
     and contingency planning in light of climate change impacts, 
     including sea level rise, flooding, and droughts; and
       (3) consult with representatives of such agencies and 
     entities to develop recommendations, consistent with laws, 
     treaties, decrees, and interstate compacts, for a 
     comprehensive water strategy to--
       (A) recognize the primary role of States in adjudicating, 
     administering, and regulating water rights and water uses;
       (B) identify incentives intended to ensure an adequate and 
     dependable supply of water to meet the needs of the United 
     States for the next 50 years, including the future impacts of 
     climate change on water supply and quality;
       (C) eliminate duplication and conflict among Federal 
     governmental programs;
       (D) consider all available technologies (including climate 
     change predictions, advanced modeling and mapping of 
     wetlands, floodplains, and other critical areas) and other 
     methods to optimize water supply reliability, availability, 
     and quality, while safeguarding and enhancing the environment 
     and planning for the potential impacts of climate change on 
     water quality, water supply, flood and storm damage 
     reduction, and ecosystem health;
       (E) recommend means of capturing excess water and flood 
     water for conservation and use in the event of a drought;
       (F) identify adaptation techniques, or further research 
     needs of adaptation techniques, for effectively conserving 
     freshwater and coastal systems as they respond to climate 
     change;
       (G) suggest financing options, incentives, and strategies 
     for development of comprehensive water management plans, 
     holistically designed water resources projects, conservation 
     of existing water resources infrastructure (except drinking 
     water infrastructure) and to increase the use of 
     nonstructural elements (including green infrastructure and 
     low impact development techniques);
       (H) suggest strategies for avoiding increased mandates on 
     State and local governments;
       (I) suggest strategies for using best available climate 
     science in projections of future flood and drought risk, and 
     for developing hazard mitigation strategies to protect

[[Page H9805]]

     water quality, in extreme weather conditions caused by 
     climate change;
       (J) identify policies that encourage low impact 
     development, especially in areas near high priority aquatic 
     systems;
       (K) suggest strategies for encouraging the use of, and 
     reducing biases against, nonstructural elements (including 
     green infrastructure and low impact development techniques) 
     when managing stormwater, including features that--
       (i) preserve and restore natural processes, landforms (such 
     as floodplains), natural vegetated stream side buffers, 
     wetlands, or other topographical features that can slow, 
     filter, and naturally store stormwater runoff and flood 
     waters for future water supply and recharge of natural 
     aquifers;
       (ii) utilize natural design techniques that infiltrate, 
     filter, store, evaporate, and detain water close to its 
     source; or
       (iii) minimize the use of impervious surfaces in order to 
     slow or infiltrate precipitation;
       (L) suggest strategies for addressing increased sewage 
     overflow problems due to changing storm dynamics and the 
     impact of aging stormwater and wastewater infrastructure, 
     population growth, and urban sprawl;
       (M) promote environmental restoration projects that 
     reestablish natural processes; and
       (N) identify opportunities to promote existing or create 
     regional planning, including opportunities to integrate 
     climate change into water infrastructure and environmental 
     conservation planning.
       (c) Membership.--
       (1) Number and appointment.--The Commission shall be 
     composed of 8 members who shall be appointed, not later than 
     90 days after the date of enactment of this Act, as follows:
       (A) 2 members appointed by the President.
       (B) 2 members appointed by the Speaker of the House of 
     Representatives from a list of 4 individuals--
       (i) 2 nominated for that appointment by the chairman of the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives; and
       (ii) 2 nominated for that appointment by the chairman of 
     the Committee Natural Resources of the House of 
     Representatives.
       (C) 2 members appointed by the majority leader of the 
     Senate from a list of 4 individuals--
       (i) 2 nominated for that appointment by the chairman of the 
     Committee on Environment and Public Works of the Senate; and
       (ii) 2 nominated for that appointment by the chairman of 
     the Committee on Energy and Natural Resources of the Senate.
       (D) One member appointed by the minority leader of the 
     House of Representatives from a list of 2 individuals--
       (i) one nominated for that appointment by the ranking 
     member of the Committee on Transportation and Infrastructure 
     of the House of Representatives; and
       (ii) one nominated for that appointment by the ranking 
     member of the Committee on Natural Resources of the Senate.
       (E) 1 member appointed by the minority leader of the Senate 
     from a list of 2 individuals--
       (i) one nominated for that appointment by the ranking 
     member of the Committee on Environment and Public Works of 
     the Senate; and
       (ii) one nominated for that appointment by the ranking 
     member of the Committee on Energy and Natural Resources of 
     the Senate.
       (2) Qualifications.--
       (A) Recognized standing and distinction.--Members shall be 
     appointed to the Commission from among individuals who are of 
     recognized standing and distinction in water policy issues.
       (B) Limitation.--A person while serving as a member of the 
     Commission may not hold any other position as an officer or 
     employee of the United States, except as a retired officer or 
     retired civilian employee of the United States.
       (C) Other considerations.--In appointing members of the 
     Commission, every effort shall be made to ensure that the 
     members represent a broad cross section of regional and 
     geographical perspectives in the United States.
       (3) Chairperson.--The Chairperson of the Commission shall 
     be elected by a majority vote of the members of the 
     Commission.
       (4) Terms.--Members of the Commission shall serve for the 
     life of the Commission.
       (5) Vacancies.--A vacancy on the Commission shall not 
     affect its operation and shall be filled in the manner in 
     which the original appointment was made.
       (6) Compensation and travel expenses.--Members of the 
     Commission shall serve without compensation; except that 
     members shall receive travel expenses, including per diem in 
     lieu of subsistence, in accordance with applicable provisions 
     under subchapter I of chapter 57, United States Code.
       (d) Meetings and Quorum.--
       (1) Meetings.--The Commission shall hold its first meeting 
     not later than 60 days after the date on which all original 
     members are appointed under subsection (c) and shall hold 
     additional meetings at the call of the Chairperson or a 
     majority of its members.
       (2) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum for the transaction of business.
       (e) Director and Staff.--
       (1) Director.--The Commission shall have a Director who 
     shall be appointed by the Speaker of the House of 
     Representatives and the majority leader of the Senate, in 
     consultation with the minority leader of the House of 
     Representatives, the chairmen of the Committees on Resources 
     and Transportation and Infrastructure of the House of 
     Representatives, the minority leader of the Senate, and the 
     chairmen of the Committee on Energy and Natural Resources and 
     Environment and Public Works of the Senate.
       (2) Applicability of certain civil service laws.--The 
     Director and staff of the Commission may be appointed without 
     regard to the provisions of title 5, United States Code, 
     governing appointments in the competitive service, and may be 
     paid without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of that title relating to 
     classification and General Schedule pay rates; except that an 
     individual so appointed may not receive pay in excess of the 
     annual rate of basic pay for GS-15 of the General Schedule.
       (f) Hearings.--
       (1) Minimum number.--The Commission shall hold no fewer 
     than 10 hearings during the life of the Commission.
       (2) In conjunction with meetings.--Hearings may be held in 
     conjunction with meetings of the Commission.
       (3) Testimony and evidence.--The Commission may take such 
     testimony and receive such evidence as the Commission 
     considers appropriate to carry out this section.
       (4) Specified.--At least one hearing shall be held in 
     Washington, District of Columbia, for the purpose of taking 
     testimony of representatives of Federal agencies, national 
     organizations, and Members of Congress. At least one hearing 
     shall focus on potential water resource issues relating to 
     climate change and how to mitigate the harms of climate 
     change-related weather events.
       (5) Nonspecified.--Hearings, other than those referred to 
     in paragraph (4), shall be scheduled in distinct geographical 
     regions of the United States. In conducting such hearings, 
     the Commission should seek to ensure testimony from 
     individuals with a diversity of experiences, including those 
     who work on water issues at all levels of government and in 
     the private sector.
       (g) Information and Support From Federal Agencies.--Upon 
     request of the Commission, the head of a Federal department 
     or agency shall--
       (1) provide to the Commission, within 30 days of the 
     request, such information as the Commission considers 
     necessary to carry out this section; and
       (2) detail to temporary duty with the Commission on a 
     reimbursable basis such personnel as the Commission considers 
     necessary to carry out this section.
       (h) Interim Reports.--Not later than one year after the 
     date of the first meeting of the Commission, and every year 
     thereafter, the Commission shall submit an interim report 
     containing a detailed summary of its progress, including 
     meetings held and hearings conducted before the date of the 
     report, to--
       (1) the President; and
       (2) Congress.
       (i) Final Report.--As soon as practicable, but not later 
     than 5 years after the date of the first meeting of the 
     Commission, the Commission shall submit a final report 
     containing a detailed statement of the findings and 
     conclusions of the Commission and recommendations for 
     legislation and other policies to implement such findings and 
     conclusions to--
       (1) the President;
       (2) the Committee on Natural Resources and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives; and
       (3) the Committee on Energy and Natural Resources and the 
     Committee on the Environment and Public Works of the Senate.
       (j) Termination.--The Commission shall terminate not later 
     than 30 days after the date on which the Commission transmits 
     a final report under subsection (h)(1).
       (k) Applicability of Federal Advisory Committee Act.--The 
     Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) 
     shall not apply to the Commission.
       (l) Authorization of Appropriations.--There is authorized 
     to be appropriated $12,000,000 to carry out this section.

     SEC. 8703. STUDY OF POTENTIAL IMPACTS OF CLIMATE CHANGE ON 
                   WATER RESOURCES AND WATER QUALITY.

       (a) National Academy Study.--The Administrator of the 
     Environmental Protection Agency shall enter into an 
     arrangement with the National Academy of Sciences under which 
     the Academy shall--
       (1) produce a 2-part study that will consist of--
       (A) a study that will identify the potential impacts of 
     climate change on the Nation's watersheds and water 
     resources, including hydrological and ecological impacts;
       (B) a study that will identify the potential impacts of 
     climate change on water quality, including the extent to 
     which Federal and State efforts under the Federal Water 
     Pollution Control Act (33 U.S.C. 1251 et seq.) and other 
     ocean and coastal laws may be affected by climate change;
       (C) information, analyses, and data that will identify, to 
     the maximum extent practicable, hydrological and temperature 
     changes by watershed in the United States and that support 
     the findings made under subparagraphs (A) and (B); and
       (D) identification of the scientific consensus, 
     assumptions, and uncertainties related to predictions of 
     climate change in the United States;

[[Page H9806]]

       (2) identify the potential impacts of climate change on the 
     Nation's water resources, watersheds, and water quality, 
     including the potential for impacts to wetlands, shoreline 
     erosion, and saltwater intrusion as a result of sea level 
     rise, and the potential for significant regional variation in 
     precipitation events to impact Federal, State, and local 
     efforts to attain or maintain water quality;
       (3) assess the extent to which Federal and State efforts 
     under the Federal Water Pollution Control Act and other ocean 
     and coastal laws may be affected by climate change;
       (4) identify prudent steps to assess emerging information 
     and identify appropriate response actions to meet the 
     requirements of such Act, including provisions to attain or 
     maintain water quality standards and for adequate stream 
     flows for wetlands and aquatic resources; and
       (5) recommend, if necessary, potential legislative or 
     regulatory changes to address impacts of global climate 
     change on efforts to restore and maintain the chemical, 
     physical, and biological integrity of the Nation's waters.
       (b) Recommendations.--Not later than 2 years after the date 
     of the enactment of this Act, the Administrator shall 
     transmit to Congress a report on the results of the study 
     under this section.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated $1,500,000 to carry out this section.

     SEC. 8704. IMPACTS OF CLIMATE CHANGE ON CORPS OF ENGINEERS 
                   PROJECTS.

       (a) In General.--The Secretary of the Army shall ensure 
     that water resources projects and studies carried out by the 
     Corps of Engineers after the date of enactment of this Act 
     take into account the potential short and long term effects 
     of climate change on such projects.
       (b) Consideration.--In carrying out this section, the 
     Secretary shall utilize a representative range of climate 
     change scenarios, including the current projections of the 
     United States Global Change Research Program and the 
     Intergovernmental Panel on Climate Change.
       (c) Report to Congress.--Not later than one year after the 
     date of enactment of this Act, the Secretary shall submit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Environment and 
     Public Works of the Senate a report on the implementation of 
     this section.

                      PART 2--EMERGENCY MANAGEMENT

     SEC. 8731. EFFECTS OF CLIMATE CHANGE ON FEMA PREPAREDNESS, 
                   RESPONSE, RECOVERY, AND MITIGATION PROGRAMS.

       (a) Study.--The Administrator of the Federal Emergency 
     Management Agency shall conduct a comprehensive study of the 
     increase in demand for the Agency's emergency preparedness, 
     response, recovery, and mitigation programs and services that 
     may be reasonably anticipated as a result of an increased 
     number and intensity of natural disasters affected by climate 
     change, including hurricanes, floods, tornadoes, fires, 
     droughts, and severe storms.
       (b) Contents.--The study shall include an analysis of the 
     budgetary and personnel needs of meeting the increased demand 
     for Agency services referred to in subsection (a).
       (c) Report.--Not later than one year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a report and any 
     legislative recommendations on the study conducted under this 
     section.

                     TITLE IX--ENERGY AND COMMERCE

                Subtitle A--Promoting Energy Efficiency

     SEC. 9000. SHORT TITLE.

       This subtitle may be cited as the ``Energy Efficiency 
     Improvement Act of 2007''.

                      PART 1--APPLIANCE EFFICIENCY

     SEC. 9001. ENERGY STANDARDS FOR HOME APPLIANCES.

       (a) Appliances.--The Energy Policy and Conservation Act is 
     amended as follows:
       (1) Dehumidifiers.--Section 325(cc)(2) (42 U.S.C. 
     6295(cc)(2)) is amended to read as follows:
       ``(2) Dehumidifiers manufactured on or after October 1, 
     2012, shall have an Energy Factor that meets or exceeds the 
     following values:


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

       (2) Residential clotheswashers and residential 
     dishwashers.--Section 325(g) (42 U.S.C. 6295(g)) is amended 
     by adding at the end the following new paragraphs:
       ``(9) A top-loading or front-loading standard-size 
     residential clotheswasher manufactured on or after January 1, 
     2011, shall have--
       ``(A) a Modified Energy Factor of at least 1.26; and
       ``(B) a water factor of not more than 9.5.
       ``(10) No later than December 31, 2011, the Secretary shall 
     publish a final rule determining whether to amend the 
     standards in effect for clotheswashers manufactured on or 
     after January 1, 2015. Such rule shall contain such 
     amendment, if any.
       ``(11) Dishwashers manufactured on or after January 1, 
     2010, shall--
       ``(A) for standard size dishwashers not exceed 355 kwh/year 
     and 6.5 gallon per cycle; and
       ``(B) for compact size dishwashers not exceed 260 kwh/year 
     and 4.5 gallons per cycle.
       ``(12) No 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. Such rule shall contain such amendment, if any.''.
       (3) Refrigerators and freezers.--Section 325(b) (42 U.S.C. 
     6295(b)) is amended by adding at the end the following new 
     paragraph:
       ``(4) 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. Such 
     rule shall contain such amendment, if any.''.
       (b) Energy Star.--Section 324A(d)(2) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6294a(d)(2)) is amended by 
     striking ``January 1, 2010'' and inserting ``July 1, 2009''.

     SEC. 9002. ELECTRIC MOTOR EFFICIENCY STANDARDS.

       (a) Definitions.--Section 340(13) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6311(13)) is amended--
       (1) by redesignating subparagraphs (B) through (H) as 
     subparagraphs (C) through (I), respectively; and
       (2) by striking the text of subparagraph (A) and inserting 
     the following: ``The term `general purpose electric motor 
     (subtype I)' means any motor that meets the definition of 
     `General Purpose' as established in the final rule issued by 
     the Department of Energy for `Energy Efficiency Program for 
     Certain Commercial and Industrial Equipment: Test Procedures, 
     Labeling, and Certification Requirements for Electric Motors' 
     (10 CFR 431), as in effect on the date of enactment of the 
     Energy Efficiency Improvement Act of 2007.
       ``(B) The term `general purpose electric motor (subtype 
     II)' means motors incorporating the design elements of a 
     general purpose electric motor (subtype I) that are 
     configured as one of the following:
       ``(i) U-Frame Motors.
       ``(ii) Design C Motors.
       ``(iii) Close-coupled pump motors.
       ``(iv) Footless motors.
       ``(v) Vertical solid shaft normal thrust motor (as tested 
     in a horizontal configuration).
       ``(vi) 8-pole motors (900 rpm).
       ``(vii) All poly-phase motors with voltages up to 600 volts 
     other than 230/460 volts.''.
       (b) Standards.--
       (1) Amendment.--Section 342(b) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6313(b)) is amended by striking 
     the text of paragraph (1) and inserting the following: ``(A) 
     Each general purpose electric motor (subtype I), except as 
     provided in subparagraph (B), with a power rating of 1 
     horsepower or greater, but not greater than 200 horsepower, 
     manufactured (alone or as a component of another piece of 
     equipment) after the 36-month period beginning on the date of 
     enactment of the Energy Efficiency Improvement Act of 2007, 
     shall have a nominal full load efficiency not less than as 
     defined in NEMA MG-1 (2006) Table 12-12.
       ``(B) Each fire pump motor manufactured (alone or as a 
     component of another piece of equipment) after the 36-month 
     period beginning on the date of enactment of the Energy 
     Efficiency Improvement Act of 2007, shall have nominal full 
     load efficiency not less than as defined in NEMA MG-1 (2006) 
     Table 12-11.
       ``(C) Each general purpose electric motor (subtype II) with 
     a power rating of 1 horsepower or greater, but not greater 
     than 200 horsepower, manufactured (alone or as a component of 
     another piece of equipment) after the 36-month period 
     beginning on the date of enactment of the Energy Efficiency 
     Improvement Act of 2007, shall have a nominal full load 
     efficiency not less than as defined in NEMA MG-1 (2006) Table 
     12-11.
       ``(D) Each NEMA Design B, general purpose electric motor 
     with a power rating of more than 200 horsepower, but not 
     greater than 500 horsepower, manufactured (alone or as a 
     component of another piece of equipment) after the 36-month 
     period beginning on the date of enactment of the Energy 
     Efficiency Improvement Act of 2007, shall have a nominal full 
     load efficiency not less than as defined in NEMA MG-1 (2006) 
     Table 12-11.''.
       (2) Effective Date.--The amendment made by paragraph (1) 
     shall take effect 36 months after the date of enactment of 
     this Act.

     SEC. 9003. RESIDENTIAL BOILERS.

       Section 325(f) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6925(f)) is amended--
       (1) in the subsection heading, by inserting ``and Boilers'' 
     after ``Furnaces'';
       (2) in paragraph (1), by striking ``except that'' and all 
     that follows through ``(B)'' and inserting ``except that'';
       (3) by redesignating paragraph (3) as paragraph (4); and
       (4) by inserting after paragraph (2) the following:
       ``(3) Boilers.--
       ``(A) In general.--Subject to subparagraph (B), boilers 
     manufactured on or after September 1, 2012, shall meet the 
     following requirements:


[[Page H9807]]



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

       ``(B) Automatic means for adjusting water temperature.--
       ``(i) In general.--The manufacturer shall equip each gas, 
     oil and electric hot water boiler, except boilers equipped 
     with tankless domestic water heating coils, with automatic 
     means for adjusting the temperature of the water supplied by 
     the boiler to ensure that an incremental change in inferred 
     heat load produces a corresponding incremental change in the 
     temperature of water supplied.
       ``(ii) Single input rate.--For a boiler that fires at one 
     input rate this requirement may be satisfied by providing an 
     automatic means that allows the burner or heating element to 
     fire only when such 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 clause (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. 9004. REGIONAL VARIATIONS IN HEATING OR COOLING 
                   STANDARDS.

       (a) Consumer Appliances.--Section 325(o) of the Energy 
     Policy and Conservation Act (42 U.S.C. 6925(o)) is amended by 
     adding at the end the following new paragraph:
       ``(6)(A) The Secretary may establish regional standards for 
     space heating and air conditioning products, other than 
     window-unit air-conditioners and portable space heaters. For 
     each space heating and air conditioning product, the 
     Secretary may establish a national minimum standard and two 
     more stringent regional standards for regions determined to 
     have significantly differing climatic conditions. Any 
     standards set for any such region shall achieve the maximum 
     level of energy savings that are technically feasible and 
     economically justified within that region. As a preliminary 
     step to determining the economic justifiability of 
     establishing any such regional standard, the Secretary shall 
     conduct a study involving stakeholders, including but not 
     limited to a representative from the National Institute of 
     Standards and Technology; representatives of nongovernmental 
     advocacy organizations; representatives of product 
     manufacturers, distributors, and installers; representatives 
     of the gas and electric utility industries; and such other 
     individuals as the Secretary may designate. Such study shall 
     determine the potential benefits and consequences of 
     prescribing regional standards for heating and cooling 
     products, and may, if favorable to such standards, constitute 
     the evidence of economic justifiability required under this 
     Act. Regional boundaries shall follow State borders and only 
     include contiguous States (except Alaska and Hawaii), except 
     that on the request of a State, the Secretary may divide that 
     State to include a part of that State in each of two regions.
       ``(B) If the Secretary establishes regional standards, it 
     shall be unlawful under section 332 to offer for sale at 
     retail, sell at retail, or install noncomplying products 
     except within the specified regions.
       ``(C)(i) Except as provided in clause (ii), no product 
     manufactured to a regional standard established pursuant to 
     subparagraph (A) shall be distributed in commerce without a 
     prominent label affixed to the product which includes at the 
     top of the label, in print of not less than 14-point type, 
     the following: `It is a violation of Federal law for this 
     product to be installed in any State outside the region 
     shaded on the map printed on this label.'. Below this notice 
     shall appear a map of the United States with clearly defined 
     State boundaries and names, and with all States in which the 
     product meets or exceeds the standard established pursuant to 
     subparagraph (A) shaded in a color or a manner as to be 
     easily visible without obscuring the State boundaries and 
     names. Below the map shall be printed on each label the 
     following: `It is a violation of Federal law for this label 
     to be removed, except by the owner and legal resident of any 
     single-family home in which this product is installed.'.
       ``(ii) A product manufactured that meets or exceeds all 
     regional standards established under this paragraph shall 
     bear a prominent label affixed to the product which includes 
     at the top of the label, in print of not less than 14-point 
     type the following: `This product has achieved an energy 
     efficiency rating under Federal law allowing its installation 
     in any State.'.
       ``(D) Manufacturers of space heating and air conditioning 
     equipment subject to regional standards established under 
     this paragraph shall obtain and retain records on the 
     intended installation locations of the equipment sold, and 
     shall make such records available to the Secretary on 
     request.''.
       (b) Industrial Equipment.--Section 342(a) of the Energy 
     Policy and Conservation Act (42 U.S.C. 6313(a)) is amended by 
     adding at the end the following new paragraph:
       ``(10)(A) The Secretary may establish regional standards 
     for space heating and air conditioning products subject to 
     this subsection. For each space heating and air conditioning 
     product, the Secretary may establish a national minimum 
     standard and two more stringent regional standards for 
     regions determined to have significantly differing climatic 
     conditions. Any standards set for any such region shall 
     achieve the maximum level of energy savings that are 
     technically feasible and economically justified within that 
     region. Regional boundaries shall follow State borders and 
     only include contiguous States (except Alaska and Hawaii), 
     except that on the request of a State, the Secretary may 
     divide that State to include a part of that State in each of 
     two regions.
       ``(B) If the Secretary establishes regional standards, it 
     shall be unlawful under section 345 to offer for sale at 
     retail, sell at retail, or install noncomplying products 
     except within the specified regions.
       ``(C) Manufacturers of space heating and air conditioning 
     equipment subject to regional standards established under 
     this paragraph shall obtain and retain records on the 
     intended installation locations of the equipment sold, and 
     shall make such records available to the Secretary on 
     request.''.

     SEC. 9005. PROCEDURE FOR PRESCRIBING NEW OR AMENDED 
                   STANDARDS.

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

     SEC. 9006. EXPEDITING APPLIANCE STANDARDS RULEMAKINGS.

       (a) Direct Final Rule.--Section 325(p) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6295(p)) is amended by adding 
     a new paragraph (4) as follows:
       ``(4) If manufacturers of any type (or class) of covered 
     products or covered equipment, States, and efficiency 
     advocates, or persons determined by the Secretary to fully 
     represent such parties, submit to the Secretary a joint 
     recommendation of an energy or water conservation standard 
     and the Secretary determines that the recommended standard 
     complies with subsection (o) or section 342(a)(6)(B), as 
     applicable, to that type (or class) of covered products or 
     covered equipment to which the standard would apply, the 
     Secretary may then issue a direct final rule including the 
     standard recommended. If the Secretary determines that a 
     direct final rule cannot be issued based on such a submitted 
     joint recommendation, the Secretary shall publish a 
     determination with an explanation as to why the joint 
     recommendation does not comply with this paragraph. For 
     purposes of this paragraph, the term `direct final rule' 
     means a final rule published the same day with a parallel 
     notice of proposed rulemaking that proposes a new or amended 
     energy or water conservation standard that is identical to 
     the standard set forth in the final rule. There shall be a 
     110-day period for public comment with respect to the direct 
     final rule. Not later than 10 days after the expiration of 
     such 110-day period, the Secretary shall publish a notice 
     responding to comments received with respect to the direct 
     final rule. The Secretary shall withdraw a direct final rule 
     promulgated pursuant to this paragraph within 120 days after 
     publication in the Federal Register if the Secretary 
     receives, with respect to the direct final rule, one or more 
     adverse public comments or any alternate joint recommendation 
     and, based on the rulemaking record, the Secretary determines 
     that such adverse comments or alternate joint recommendation 
     may provide a reasonable basis for withdrawing the direct 
     final rule under subsection (o), section 342(a)(6)(B), or any 
     applicable law. In such a case, the Secretary shall then 
     proceed with the parallel notice of proposed rulemaking, and 
     shall identify in a notice published in the Federal Register 
     the reasons for the withdrawal of the direct final rule. A 
     direct final rule that is withdrawn in accordance with this 
     paragraph shall not be considered final for purposes of 
     subsection (o)(1) of this section. No person shall be found 
     in violation of this part for noncompliance with a direct 
     final rule that is withdrawn under this paragraph, if that 
     person has complied with the applicable standard in effect 
     under this part immediately prior to issuance of that direct 
     final rule.''.
       (b) Conforming Amendment.-- Section 345(b)(1) of the Energy 
     Policy and Conservation Act (42 U.S.C. 6316(b)(1)) is amended 
     by inserting after ``section'' the first time it appears 
     ``325(p)(5), section''.

[[Page H9808]]

     SEC. 9007. CORRECTION OF LARGE AIR CONDITIONER RULE ISSUANCE 
                   CONSTRAINT.

       (a) Definitions.--Section 340 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6311) is amended by adding the 
     following new paragraphs at the end:
       ``(22) The term `single package vertical air conditioner' 
     means air-cooled commercial package air conditioning and 
     heating equipment; factory assembled as a single package 
     having its major components arranged vertically, which is an 
     encased combination of cooling and optional heating 
     components, is intended for exterior mounting on, adjacent 
     interior to, or through an outside wall; and is powered by a 
     single- or three-phase current. It may contain separate 
     indoor grille(s), outdoor louvers, various ventilation 
     options, indoor free air discharge, ductwork, well plenum, or 
     sleeve. Heating components may include electrical resistance, 
     steam, hot water, or gas, but may not include reverse cycle 
     refrigeration as a heating means.
       ``(23) The term `single package vertical heat pump' means a 
     single package vertical air conditioner that utilizes reverse 
     cycle refrigeration as its primary heat source, that may 
     include secondary supplemental heating by means of electrical 
     resistance, steam, hot water, or gas.''.
       (b) Standards.--Section 342(a) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6313(a)) is amended--
       (1) in each of paragraphs (1) and (2), by inserting after 
     ``heating equipment'' in the first sentence ``, including 
     single package vertical air conditioners and single package 
     vertical heat pumps,'';
       (2) in paragraph (1), by striking ``but before January 1, 
     2010,'';
       (3) in each of paragraphs (7), (8), and (9), by inserting 
     after ``heating equipment'' in the first sentence ``, 
     excluding single package vertical air conditioners and single 
     package vertical heat pumps,'';
       (4) in paragraph (7)--
       (A) by striking ``manufactured on or after January 1, 
     2010,'';
       (B) in each of subparagraphs (A), (B), and (C), by striking 
     ``The'' and inserting ``For equipment manufactured on or 
     after January 1, 2010, the''; and
       (C) by adding at the end the following new subparagraphs:
       ``(D) For equipment manufactured on or after the later of 
     January 1, 2008, or the date six months after enactment of 
     this section, the minimum seasonal energy efficiency ratio of 
     air-cooled three-phase electric central air conditioners and 
     central air conditioning heat pumps less than 65,000 Btu per 
     hour (cooling capacity), split systems, shall be 13.0.
       ``(E) For equipment manufactured on or after the later of 
     January 1, 2008, or the date six months after enactment of 
     this section, minimum seasonal energy efficiency ratio of 
     air-cooled three-phase electric central air conditioners and 
     central air conditioning heat pumps less than 65,000 Btu per 
     hour (cooling capacity), single package, shall be 13.0.
       ``(F) For equipment manufactured on or after the later of 
     January 1, 2008, or the date six months after enactment of 
     this section, minimum heating seasonal performance factor of 
     air-cooled three-phase electric central air conditioning heat 
     pumps less than 65,000 Btu per hour (cooling capacity), split 
     systems, shall be 7.7.
       ``(G) For equipment manufactured on or after the later of 
     January 1, 2008, or the date six months after enactment of 
     this section, the minimum heating seasonal performance factor 
     of air-cooled three-phase electric central air conditioning 
     heat pumps less than 65,000 Btu per hour (cooling capacity), 
     single package, shall be 7.7.''; and
       (5) by adding the following new paragraphs at the end:
       ``(11) Single package vertical air conditioners and single 
     package vertical heat pumps manufactured on or after January 
     1, 2010, shall meet the following standards:
       ``(A) The minimum energy efficiency ratio of single package 
     vertical air conditioners less than 65,000 Btu per hour 
     (cooling capacity), single-phase, shall be 9.0.
       ``(B) The minimum energy efficiency ratio of single package 
     vertical air conditioners less than 65,000 Btu per hour 
     (cooling capacity), three-phase, shall be 9.0.
       ``(C) The minimum energy efficiency ratio of single package 
     vertical air conditioners at or above 65,000 Btu per hour 
     (cooling capacity) but less than 135,000 Btu per hour 
     (cooling capacity), shall be 8.9.
       ``(D) The minimum energy efficiency ratio of single package 
     vertical air conditioners at or above 135,000 Btu per hour 
     (cooling capacity) but less than 240,000 Btu per hour 
     (cooling capacity), shall be 8.6.
       ``(E) The minimum energy efficiency ratio of single package 
     vertical heat pumps less than 65,000 Btu per hour (cooling 
     capacity), single-phase, shall be 9.0; and the minimum 
     coefficient of performance in the heating mode shall be 3.0.
       ``(F) The minimum energy efficiency ratio of single package 
     vertical heat pumps less than 65,000 Btu per hour (cooling 
     capacity), three-phase, shall be 9.0; and the minimum 
     coefficient of performance in the heating mode shall be 3.0.
       ``(G) The minimum energy efficiency ratio of single package 
     vertical heat pumps at or above 65,000 Btu per hour (cooling 
     capacity) but less than 135,000 Btu per hour (cooling 
     capacity), shall be 8.9; and the minimum coefficient of 
     performance in the heating mode shall be 3.0.
       ``(H) The minimum energy efficiency ratio of single package 
     vertical heat pumps at or above 135,000 Btu per hour (cooling 
     capacity) but less than 240,000 Btu per hour (cooling 
     capacity), shall be 8.6; and the minimum coefficient of 
     performance in the heating mode shall be 2.9.
       ``(12) Not later than 36 months after the date of enactment 
     of this paragraph, the Secretary shall review the most 
     recently published ASHRAE/IES Standard 90.1 with respect to 
     single package vertical air conditioners and single package 
     vertical heat pumps according to the procedures established 
     in paragraph (6).''.

     SEC. 9008. DEFINITION OF ENERGY CONSERVATION STANDARD.

        Section 321 of the Energy Policy and Conservation Act (42 
     U.S.C. 6291) is amended by striking paragraph (6) and 
     inserting the following:
       ``(6) Energy conservation standard.--
       ``(A) In general.--The term `energy conservation standard' 
     means 1 or more performance standards that--
       ``(i) for covered products (excluding clothes washers, 
     dishwashers, showerheads, faucets, water closets, and 
     urinals), prescribe a minimum level of energy efficiency or a 
     maximum quantity of energy use, determined in accordance with 
     test procedures prescribed under section 323;
       ``(ii) for showerheads, faucets, water closets, and 
     urinals, prescribe a minimum level of water efficiency or a 
     maximum quantity of water use, determined in accordance with 
     test procedures prescribed under section 323; and
       ``(iii) for clothes washers and dishwashers--

       ``(I) prescribe a minimum level of energy efficiency or a 
     maximum quantity of energy use, determined in accordance with 
     test procedures prescribed under section 323; and
       ``(II) may include a minimum level of water efficiency or a 
     maximum quantity of water use, determined in accordance with 
     those test procedures.

       ``(B) Inclusions.--The term `energy conservation standard' 
     includes--
       ``(i) 1 or more design requirements, if the requirements 
     were established--

       ``(I) on or before the date of enactment of this subclause; 
     or
       ``(II) as part of a consensus agreement under section 
     325(p)(5); and

       ``(ii) any other requirements that the Secretary may 
     prescribe under section 325(r).
       ``(C) Exclusion.--The term `energy conservation standard' 
     does not include a performance standard for a component of a 
     finished covered product, unless regulation of the component 
     is authorized or established pursuant to this title.''.

     SEC. 9009. IMPROVING SCHEDULE FOR STANDARDS UPDATING AND 
                   CLARIFYING STATE AUTHORITY.

       (a) Consumer Appliances.--Section 325(m) of the Energy 
     Policy and Conservation Act (42 U.S.C. 6295(m)) is amended to 
     read as follows:
       ``(m) Further Rulemaking.--(1) Not later than 6 years after 
     issuance of any final rule establishing or amending a 
     standard, as required for a product under this part, the 
     Secretary shall publish either--
       ``(A) a notice of the Secretary's determination that 
     standards for that product do not need to be amended, based 
     on the criteria in subsection (n)(2); or
       ``(B) a notice of proposed rulemaking including new 
     proposed standards based on the criteria in subsection (o) 
     and the procedures in subsection (p).
     In either case, the Secretary shall also publish a notice 
     stating that the Department's analysis is publicly available, 
     and provide opportunity for written comment.
       ``(2) Not later than 2 years after a notice is issued under 
     paragraph (1)(B), the Secretary shall publish a final rule 
     amending the standard for the product. Not later than 3 years 
     after a determination under paragraph (1)(A), the Secretary 
     shall make a new determination and publication under 
     paragraph (1)(A) or (B).
       ``(3) An amendment prescribed under this subsection shall 
     apply to products manufactured after a date which is 3 years 
     after publication of the final rule establishing a standard, 
     except that a manufacturer shall not be required to apply new 
     standards to a product with respect to which other new 
     standards have been required within the prior 6 years.
       ``(4) The Secretary shall promptly submit to the Committee 
     on Energy and Commerce of the House of Representatives and 
     the Committee on Energy and Natural Resources of the Senate--
       ``(A) a progress report every 180 days on compliance with 
     this section, including a specific plan to remedy any 
     failures to comply with deadlines for action set forth in 
     this section; and
       ``(B) all required reports to the Court or to any party to 
     the Consent Decree in State of New York v Bodman, 
     Consolidated Civil Actions No.05 Civ. 7807 and No.05 Civ. 
     7808.''.
       (b) Industrial Equipment.--Section 342(a)(6) of the Energy 
     Policy and Conservation Act (42 U.S.C. 6313(a)(6)) is 
     amended--
       (1) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (2) by amending the remainder of the paragraph to read as 
     follows:
       ``(6)(A) If ASHRAE/IES Standard 90.1 is amended with 
     respect to any small, large, or very large commercial package 
     air conditioning and heating equipment, packaged

[[Page H9809]]

     terminal air conditioners, packaged terminal heat pumps, 
     warm-air furnaces, packaged boilers, storage water heaters, 
     instantaneous water heaters, or unfired hot water storage 
     tanks, the Secretary shall within 6 months publish in the 
     Federal Register for public comment an analysis of the energy 
     savings potential of the amended energy efficiency standards. 
     The Secretary shall establish an amended uniform national 
     standard for that product at the minimum level for each 
     effective date specified in the amended ASHRAE/IES Standard 
     90.1 within 18 months of the ASHRAE amendment's publication, 
     unless 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 such amended ASHRAE/IES Standard 90.1 for such 
     product would result in significant additional conservation 
     of energy and is technologically feasible and economically 
     justified.
       ``(B) If the Secretary issues a rule containing such a 
     determination, the rule shall establish such amended 
     standard, and shall be issued within 30 months of the ASHRAE 
     amendment's publication.
       ``(C)(i) Not later than 6 years after issuance of any final 
     rule establishing or amending a standard, as required for a 
     product under this part, the Secretary shall publish either--
       ``(I) a notice of the Secretary's determination that 
     standards for that product do not need to be amended, based 
     on the criteria in subparagraph (A); or
       ``(II) a notice of proposed rulemaking including new 
     proposed standards based on the criteria and procedures in 
     subparagraph (B).
     In either case, the Secretary shall also publish a notice 
     stating that the Department's analysis is publicly available, 
     and provide opportunity for written comment.
       ``(ii) Not later than 2 years after a notice is issued 
     under clause (i)(II), the Secretary shall publish a final 
     rule amending the standard for the product. Not later than 3 
     years after a determination under clause (i)(I), the 
     Secretary shall make a new determination and publication 
     under clause (i)(I) or (II).
       ``(iii) An amendment prescribed under this subparagraph 
     shall apply to products manufactured after a date which is 3 
     years after publication of the final rule establishing a 
     standard, except that a manufacturer shall not be required to 
     apply new standards to a product with respect to which other 
     new standards have been required within the prior 6 years.
       ``(iv) The Secretary shall promptly submit to the House 
     Committee on Energy and Commerce and to the Senate Committee 
     on Energy and Natural Resources a progress report every 180 
     days on compliance with this paragraph, including a specific 
     plan to remedy any failures to comply with deadlines for 
     action set forth in this paragraph.''.

     SEC. 9010. UPDATING APPLIANCE TEST PROCEDURES.

       (a) Consumer Appliances.--Section 323(b)(1)(A) of the 
     Energy Policy and Conservation Act (42 U.S.C. 6923(b)(1)(A)) 
     is amended by striking ``The Secretary may'' and all that 
     follows through ``paragraph (3)'' and inserting ``At least 
     every 7 years the Secretary shall review test procedures for 
     all covered products and shall--
       ``(i) amend test procedures with respect to any covered 
     product if the Secretary determines that amended test 
     procedures would more accurately or fully comply with the 
     requirements of paragraph (3); or
       ``(ii) publish notice in the Federal Register of any 
     determination not to amend a test procedure''.
       (b) Industrial Equipment.--Section 343(a)(1) of the Energy 
     Policy and Conservation Act (42 U.S.C. 6314(a)(1)) is amended 
     by striking ``The Secretary may'' and all that follows 
     through ``this section'' and inserting ``At least every 7 
     years the Secretary shall conduct an evaluation of each class 
     of covered equipment and--
       ``(A) 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 such class in accordance with the provisions 
     of this section; or
       ``(B) shall publish notice in the Federal Register of any 
     determination not to amend a test procedure''.

     SEC. 9011. FURNACE FAN STANDARD PROCESS.

       Section 325(f)(4)(D) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6295(f)(3)(D)), as redesignated by section 
     9003(3) of this Act, is amended--
       (1) by striking ``may'' and inserting ``shall''; and
       (2) by inserting ``not later than July 1, 2013'' after 
     ``duct work''.

     SEC. 9012. TECHNICAL CORRECTIONS.

       (a) Section 135(a)(1)(A)(ii) of the Energy Policy Act of 
     2005 (Public Law 109-58) is amended by striking ``C78.1-
     1978(R1984)'' and inserting ``C78.3-1978(R1984)''.
       (b) Section 325 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295) (as amended by section 135(c)(4) of the 
     Energy Policy Act of 2005) is amended--
       (1) in subsection (v)--
       (A) in the subsection heading, by striking ``Ceiling Fans 
     and'';
       (B) by striking paragraph (1); and
       (C) by redesignating paragraphs (2) through (4) as 
     paragraphs (1) through (3), respectively; and
       (2) in subsection (ff)--
       (A) in paragraph (1)(A)--
       (i) by striking clause (iii);
       (ii) by redesignating clause (iv) as clause (iii); and
       (iii) in clause (iii)(II) (as so redesignated), by 
     inserting ``fans sold for'' before ``outdoor''; and
       (B) in paragraph (4)(C)--
       (i) in the matter preceding clause (i), by striking 
     ``subparagraph (B)'' and inserting ``subparagraph (A)'';
       (ii) by striking clause (ii) and inserting the following:
       ``(ii) shall be packaged with lamps to fill all sockets.'';
       (C) in paragraph (6), by redesignating subparagraphs (C) 
     and (D) as clauses (i) and (ii), respectively, of 
     subparagraph (B); and
       (D) in paragraph (7), by striking ``327'' the second place 
     it appears and inserting ``324''.

     SEC. 9013. ENERGY EFFICIENT STANDBY POWER DEVICES.

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

     SEC. 9014. EXTERNAL POWER SUPPLY EFFICIENCY STANDARDS.

       (a) Section 321 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6291) is amended--
       (1) in paragraph (36) by inserting ``(A)'' before the text 
     and adding at the end the following:
       ``(B) The term `class A external power supply' means a 
     device that--
       ``(i) is designed to convert line voltage AC input into 
     lower voltage AC or DC output;
       ``(ii) is able to convert to only one AC or DC output 
     voltage at a time;
       ``(iii) is sold with, or intended to be used with, a 
     separate end-use product that constitutes the primary load;
       ``(iv) is contained in a separate physical enclosure from 
     the end-use product;
       ``(v) is connected to the end-use product via a removable 
     or hard-wired male/female electrical connection, cable, cord 
     or other wiring; and
       ``(vi) has nameplate output power less than or equal to 250 
     watts.
       ``(C) The term `class A external power supply' does not 
     include any device that--
       ``(i) requires Federal Food and Drug Administration listing 
     and approval as a medical device, as described under section 
     513 of the Food, Drug, and Cosmetic Act of 1938; or
       ``(ii) powers the charger of a detachable battery pack or 
     charges the battery of a product that is fully or primarily 
     motor operated.
       ``(D) The term `active mode' means the mode of operation 
     when an external power supply is connected to the main 
     electricity supply and the output is connected to a load.
       ``(E) The term `no-load mode' means the mode of operation 
     when an external power supply is connected to the main 
     electricity supply and the output is not connected to a 
     load.''
       (2) by adding at the end the following:
       ``(52) The term `detachable battery' means a battery that 
     is contained in a separate enclosure from the product and is 
     intended to be removed or disconnected from the product for 
     recharging.''.
       (b) Section 323 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6293) is amended in subsection (b) by adding at 
     the end the following:
       ``(17) Test procedures for class A external power supplies 
     shall be based upon the U.S. Environmental Protection 
     Agency's `Test Method for Calculating the Energy Efficiency 
     of Single-Voltage External AC-DC and AC-AC Power Supplies', 
     August 11, 2004, provided that the test voltage specified in 
     section 4(d) of such test method shall be only 115 volts, 60 
     Hz.''.
       (c) Section 325 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295) is amended

[[Page H9810]]

     in subsection (u) by adding at the end the following:
       ``(6) Efficiency standards for class a external power 
     supplies.--
       ``(A) Class A external power supplies manufactured on or 
     after July 1, 2008 (or the date of enactment of this 
     paragraph, if later) shall meet the following standards:


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

       ``(B) Notwithstanding paragraph (A), any class A external 
     power supply manufactured on or after July 1, 2008, and 
     before July 1, 2015, and made available by the manufacturer 
     as a service part or a spare part for an end-use product--
       ``(i) that constitutes the primary load; and
       ``(ii) was manufactured before July 1, 2008,

     shall not be subject to the requirements of paragraph (A).
       ``(C) Any class A external power supply manufactured on or 
     after July 1, 2008 (or the date of enactment of this 
     paragraph, if later) shall be clearly and permanently marked 
     in accordance with the External Power Supply International 
     Efficiency Marking Protocol, as referenced in the `Energy 
     Star Program Requirements for Single Voltage External AC-DC 
     and AC-AC Power Supplies, version 1.1' published by the 
     Environmental Protection Agency.
       ``(D)(i) Not later than July 1, 2011 the Secretary shall 
     publish a final rule to determine whether the standards 
     established under paragraph (A) should be amended. Such rule 
     shall provide that any amended standard shall apply to 
     products manufactured on or after July 1, 2013.
       ``(ii) Not later than July 1, 2015 the Secretary shall 
     publish a final rule to determine whether the standards 
     established under paragraph (A) should be amended. Such rule 
     shall provide that any amended standard shall apply to 
     products manufactured on or after July 1, 2017.
       ``(7) An energy conservation standard for external power 
     supplies shall not constitute an energy conservation standard 
     for the separate end-use product to which it is connected.''.

     SEC. 9015. STANDBY MODE.

       Section 325 of the Energy Policy and Conservation Act (42 
     U.S.C. 6295) is amended--
       (1) in subsection (u)--
       (A) by striking paragraphs (2), (3), and (4); and
       (B) by redesignating paragraph (5), and paragraphs (6) and 
     (7) (as added by this Act) as paragraphs (2), (3), and (4), 
     respectively; and
       (2) by adding at the end the following new subsection:
       ``(ii) Standby Mode Energy Use.--
       ``(1) Definitions.--
       ``(A) In general.--Unless the Secretary determines 
     otherwise pursuant to subparagraph (B), the definitions in 
     this subsection, for the purpose of this subsection, shall 
     apply:
       ``(i) The term `active mode' means the condition in which 
     an energy using product is connected to a mains power source, 
     has been activated, and provides one or more main functions.
       ``(ii) The term `off mode' means the condition in which an 
     energy using product is connected to a mains power source and 
     is not providing any standby or active mode function.
       ``(iii) The term `standby mode' means the condition in 
     which an energy using product is connected to a mains power 
     source and offers one or more of the following user oriented 
     or protective functions:

       ``(I) To facilitate the activation or deactivation of other 
     functions (including active mode) by remote switch (including 
     remote control), internal sensor, or timer.
       ``(II) Continuous functions, including information or 
     status displays (including clocks) or sensor-based functions.

       ``(B) Amended definitions.--The Secretary may, by rule, 
     amend the definitions under subparagraph (A), taking into 
     consideration the most current versions of Standards 62301 
     and 62087 of the International Electrotechnical Commission.
       ``(2) Test procedures.--(A) Test procedures for all covered 
     products shall be amended pursuant to section 323 to include 
     standby mode and off mode energy consumption, taking into 
     consideration the most current versions of Standards 62301 
     and 62087 of the International Electrotechnical Commission, 
     with such energy consumption integrated into the overall 
     energy efficiency, energy consumption, or other energy 
     descriptor for each covered product, unless the Secretary 
     determines that--
       ``(i) the current test procedures for a covered product 
     already fully account for and incorporate its standby mode 
     and off mode energy consumption; or
       ``(ii) such an integrated test procedure is technically 
     infeasible for a particular covered product, whereupon the 
     Secretary shall promulgate a separate standby mode and off 
     mode energy use test procedure for such product, if 
     technically feasible.
       ``(B) The test procedure amendments required by 
     subparagraph (A) shall be prescribed in a final rule no later 
     than the following dates:
       ``(i) December 31, 2008, for battery chargers and external 
     power supplies.
       ``(ii) March 31, 2009, for clothes dryers, room air 
     conditioners, and fluorescent lamp ballasts.
       ``(iii) June 30, 2009, for residential clothes washers.
       ``(iv) September 30, 2009, for residential furnaces and 
     boilers.
       ``(v) March 31, 2010, for residential water heaters, direct 
     heating equipment, and pool heaters.
       ``(vi) March 31, 2011, for residential dishwashers, ranges 
     and ovens, microwave ovens, and dehumidifiers.
       ``(C) The test procedure amendments adopted pursuant to 
     subparagraph (B) shall not be used to determine compliance 
     with product standards established prior to the adoption of 
     such amended test procedures.
       ``(3) Incorporation into standard.--Based on the test 
     procedures required under paragraph (2), any final rule 
     establishing or revising a standard for a covered product, 
     adopted after July 1, 2010, shall incorporate standby mode 
     and off mode energy use into a single amended or new 
     standard, pursuant to subsection (o), where feasible. Where 
     not feasible, the Secretary shall promulgate within such 
     final rule a separate standard for standby mode and off mode 
     energy consumption, if justified under subsection (o).''.

     SEC. 9016. BATTERY CHARGERS.

       Section 325(u) is amended--
       (1) in paragraph (1)(E)(i)--
       (A) by inserting ``(I)'' after ``(E)(i)'';
       (B) by striking ``battery chargers and'' each place it 
     appears; and
       (C) by adding at the end the following new subclause:
       ``(II) Not later than July 1, 2011, the Secretary shall 
     issue a final rule that prescribes energy conservation 
     standards for battery chargers or classes of battery chargers 
     or determine that no energy conservation standard is 
     technically feasible and economically justified.''; and
       (2) in paragraph (4), by striking ``3 years'' and inserting 
     ``2 years''.

     SEC. 9017. WALK-IN COOLERS AND WALK-IN FREEZERS.

       (a) Definitions.--Section 340 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6311) is amended--
       (1) in paragraph (1)--
       (A) by redesignating subparagraphs (G) through (K) as 
     subparagraphs (H) through (L), respectively; and
       (B) by inserting after subparagraph (F) the following:
       ``(G) Walk-in coolers and walk-in freezers.'';
       (2) by redesignating paragraphs (20) and (21) as paragraphs 
     (21) and (22), respectively; and
       (3) by inserting after paragraph (19) the following:
       ``(20) The terms `walk-in cooler' and `walk-in freezer' 
     mean an enclosed storage space refrigerated to temperatures, 
     respectively, above and at or below 32 degrees Fahrenheit 
     that can be walked into, and has a total chilled storage area 
     of less than 3000 square feet. These terms exclude products 
     designed and marketed exclusively for medical, scientific, or 
     research purposes.''.
       (b) Standards.--Section 342 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6313) is amended by adding at the 
     end the following:
       ``(f) Walk-in Coolers and Walk-in Freezers.--(1) Each walk-
     in cooler or walk-in freezer manufactured on or after January 
     1, 2009, shall meet the following specifications:
       ``(A) Have automatic door closers that firmly close all 
     walk-in doors that have been closed to within one inch of 
     full closure. This requirement does not apply to doors wider 
     than 3 feet 9 inches or taller than 7 feet.
       ``(B) Have strip doors, spring hinged doors, or other 
     method of minimizing infiltration when doors are open.
       ``(C) Contain wall, ceiling, and door insulation of at 
     least R-25 for coolers and R-32 for freezers. Door insulation 
     requirements do not apply to glazed portions of doors, nor to 
     structural members.
       ``(D) Contain floor insulation of at least R-28 for 
     freezers.
       ``(E) For evaporator fan motors of under one horsepower and 
     less than 460 volts, use either--
       ``(i) electronically commutated motors (brushless direct 
     current motors); or
       ``(ii) three-phase motors.

     The portion of the requirement for electronically commuted 
     motors shall take effect January 1, 2009, unless, prior to 
     this date, the Secretary determines that such motors are only 
     available from one manufacturer. The Secretary may also allow 
     other types of motors if the Secretary determines that, on 
     average, these other motors use no more energy in evaporator 
     fan applications than electronically commutated motors. The 
     Secretary shall establish this maximum energy

[[Page H9811]]

     consumption level no later than January 1, 2010.
       ``(F) For condenser fan motors of under one horsepower, 
     use--
       ``(i) electronically commutated motors;
       ``(ii) permanent split capacitor-type motors; or
       ``(iii) three-phase motors.
       ``(G) For all interior lights, use light sources with an 
     efficacy of 40 lumens per watt or more, including ballast 
     losses (if any). Light sources with an efficacy of 40 lumens 
     per watt or less, including ballast losses (if any), may be 
     used in conjunction with a timer or device that turns off the 
     lights within 15 minutes of when the walk-in cooler or walk-
     in freezer is not occupied.
       ``(2) Each walk-in cooler or walk-in freezer with 
     transparent reach-in doors manufactured on or after January 
     1, 2009, shall also meet the following specifications:
       ``(A) Transparent reach-in doors and windows in walk-in 
     doors for walk-in freezers shall be of triple-pane glass with 
     either heat-reflective treated glass or gas fill.
       ``(B) Transparent reach-in doors for walk-in coolers and 
     windows in walk-in doors shall be either--
       ``(i) double-pane glass with heat-reflective treated glass 
     and gas fill; or
       ``(ii) triple pane glass with either heat-reflective 
     treated glass or gas fill.
       ``(C) If the appliance has an antisweat heater without 
     antisweat heat controls, then the appliance shall have a 
     total door rail, glass, and frame heater power draw of no 
     more than 7.1 watts per square foot of door opening (for 
     freezers) and 3.0 watts per square foot of door opening (for 
     coolers).
       ``(D) If the appliance has an antisweat heater with 
     antisweat heat controls, and the total door rail, glass, and 
     frame heater power draw is more than 7.1 watts per square 
     foot of door opening (for freezers) and 3.0 watts per square 
     foot of door opening (for coolers), then the antisweat heat 
     controls shall reduce the energy use of the antisweat heater 
     in an amount corresponding to the relative humidity in the 
     air outside the door or to the condensation on the inner 
     glass pane.
       ``(3) Not later than January 1, 2012, the Secretary shall 
     publish performance-based standards for walk-in coolers and 
     walk-in freezers that achieve the maximum improvement in 
     energy which the Secretary determines is technologically 
     feasible and economically justified. Such standards shall 
     apply to products manufactured three years after the final 
     rule is published unless the Secretary determines, by rule, 
     that three years is inadequate, in which case the Secretary 
     may set an effective date for products manufactured no 
     greater than five years after the date of publication of a 
     final rule for these products.
       ``(4) Not later than January 1, 2020, the Secretary shall 
     publish a final rule to determine if the standards 
     established under paragraph (3) should be amended. The rule 
     shall provide that such standards shall apply to products 
     manufactured three years after the final rule is published 
     unless the Secretary determines, by rule, that three years is 
     inadequate, in which case the Secretary may set an effective 
     date for products manufactured no greater than five years 
     after the date of publication of a final rule for these 
     products.''.
       (c) Test Procedures.--Section 343(a) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6314(a)) is amended by adding 
     at the end the following:
       ``(9) For walk-in coolers and walk-in freezers:
       ``(A) R value is defined as 1/K factor multiplied by the 
     thickness of the panel. K factor shall be based on ASTM test 
     procedure C518-2004. For calculating R value for freezers, 
     the K factor of the foam at 20F (average foam temperature) 
     shall be used. For calculating R value for coolers the K 
     factor of the foam at 55F (average foam temperature) shall be 
     used.
       ``(B) Not later than January 1, 2010, the Secretary shall 
     establish a test procedure to measure the energy-use of walk-
     in coolers and walk-in freezers. Such test procedure may be 
     based on computer modeling, if the computer model or models 
     have been verified using the results of laboratory tests on a 
     significant sample of walk-in coolers and walk-in 
     freezers.''.
       (d) Labeling.--Section 344(e) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6315(e)) is amended by inserting 
     ``walk-in coolers and walk-in freezers,'' after ``commercial 
     clothes washers,'' each place it appears.
       (e) Administration, Penalties, Enforcement, and 
     Preemption.--Section 345 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6316), is amended--
       (1) by striking ``subparagraphs (B), (C), (D), (E), and 
     (F)'' and inserting ``subparagraphs (B), (C), (D), (E), (F), 
     and (G)'' each place it appears; and
       (2) by adding at the end the following:
       ``(h)(1)(A)(i) Except as provided in clause (ii) and 
     paragraphs (2) and (3), section 327 shall apply to walk-in 
     coolers and walk-in freezers for which standards have been 
     established under paragraphs (1) and (2) of section 342(f) to 
     the same extent and in the same manner as the section applies 
     under part A on the date of enactment of this subsection.
       ``(ii) Any State standard issued before the date of 
     enactment of this subsection shall not be preempted until the 
     standards established under paragraphs (1) and (2) of section 
     342(f) take effect.
       ``(B) In applying section 327 to the equipment under 
     subparagraph (A), paragraphs (1), (2), and (3) of subsection 
     (a) shall apply.
       ``(2)(A) If the Secretary does not issue a final rule for a 
     specific type of walk-in cooler or walk-in freezer within the 
     time frame specified in section 342(f)(3) or (4), subsections 
     (b) and (c) of section 327 shall no longer apply to the 
     specific type of walk-in cooler or walk-in freezer for the 
     period beginning on the day after the scheduled date for a 
     final rule and ending on the date on which the Secretary 
     publishes a final rule covering the specific type of walk-in 
     cooler or walk-in freezer.
       ``(B) Any State standard issued before the publication of 
     the final rule shall not be preempted until the standards 
     established in the final rule take effect.
       ``(3) Any standard issued in the State of California before 
     January 1, 2011, under Title 20 of the California Code of 
     Regulations, which refers to walk-in coolers and walk-in 
     freezers, for which standards have been established under 
     paragraphs (1) and (2) of section 342(f), shall not be 
     preempted until the standards established under paragraph (3) 
     of section 342(f) take effect.''.

                      PART 2--LIGHTING EFFICIENCY

     SEC. 9021. EFFICIENT LIGHT BULBS.

       (a) Prohibition.--
       (1) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Energy shall issue 
     regulations--
       (A) prohibiting the sale of 100 watt general service 
     incandescent lamps after January 1, 2012, unless those lamps 
     emit at least 60 lumens per watt;
       (B) prohibiting the sale of general service lamps 
     manufactured after the effective dates shown in the table 
     below that do not meet the minimum efficacy levels (lumens/
     watt) shown in the following table:

               Minimum Efficacy Levels and Effective Dates
------------------------------------------------------------------------
                              Minimum
                             Efficacy
   Lumen Range (Lumens)      (Lumens/            Effective Dates
                               Watt)
------------------------------------------------------------------------
200-449                             15   1/1/2014
450-699                             17   1/1/2014
700-999                             20   1/1/2013
1000-1500                           22   1/1/2012
1501-3000                           24   1/1/2012
------------------------------------------------------------------------

       (C) after January 1, 2020, prohibiting the sale of general 
     service lamps that emit less than 300 percent of the average 
     lumens per watt emitted by 100 watt incandescent general 
     service lamps that are commercially available as of the date 
     of enactment of this Act;
       (D) establishing a minimum color rendering index (CRI) of 
     80 or higher for all general service lamps manufactured as of 
     the effective dates in subparagraph (B); and
       (E) prohibiting the manufacture or import for sale in the 
     United States of an adapter device designed to allow a lamp 
     with a different base to fit into a medium screw base socket 
     manufactured after January 1, 2009.
       (2) Exemptions.--The regulations issued under paragraph (1) 
     shall include procedures for the Secretary to exempt 
     specialty lamps from the requirements of paragraph (1). The 
     Secretary may provide such an exemption only in cases where 
     the Secretary finds, after a hearing and opportunity for 
     public comment, that it is not technically feasible to serve 
     a specialized lighting application, such as a military, 
     medical, public safety application, or in certified historic 
     lighting applications using bulbs that meet the requirements 
     of paragraph (1). In addition, the Secretary shall include as 
     an additional criterion that exempted products are unlikely 
     to be used in the general service lighting applications.
       (3) Additional lamps types.--
       (A) Manufacturers of rough service, vibration service, 
     vibration resistant, appliance, shatter resistant, and three-
     way lamps shall report annual sales volume to the Secretary. 
     If the Secretary determines that annual sales volume for any 
     of these lamp types increases by 100 percent relative to 2009 
     sales in any later year, then such lamps shall by subject to 
     the following standards:
       (i) Appliance lamps shall use no more than 40 watts.
       (ii) Rough service lamps shall use no more than 40 watts.
       (iii) Vibration service and vibration resistant lamps shall 
     use no more than 40 watts.
       (iv) Three-way lamps shall comply with the standards in 
     paragraph (1) at each level of rated lumen output.
       (B) Rough service, vibration service, vibration resistant, 
     appliance, shatter resistant, and three-way lamps shall be 
     available for sale at retail in single packs only.
       (4) Civil penalty.--The Secretary of Energy shall include 
     in regulations under this subsection a schedule of 
     appropriate civil penalties for violations of the 
     prohibitions under this subsection. Such penalties shall be 
     in an amount sufficient to ensure compliance with this 
     section.
       (5) State preemption.--State standards for general service 
     lamps are preempted as of the date of enactment of this Act, 
     except--
       (A) any State standard already enacted or adopted as of the 
     date of enactment of this Act may be enforced until the 
     Federal effective dates for each lamp category, and such 
     States may modify existing State standards for general 
     service lamps to conform with the standards in paragraph (1) 
     at any time;

[[Page H9812]]

       (B) any State standard identical to the standards in 
     paragraph (1)(B) with an effective date no sooner than 
     January 1, 2015; and
       (C) any State standard identical to Federal standards, 
     after such Federal standards are in effect.
       (6) Definitions.--For purposes of this section, the 
     following definitions apply:
       (A) The term ``general service lamp'' means a 
     nonreflectorized lamp that--
       (i) is intended for general service applications;
       (ii) has a medium screw base;
       (iii) has an initial lumen output no less than 200 lumens 
     and no more than 3000 lumens;
       (iv) has an input voltage range at least partially within 
     110 and 130 volts;
       (v) has a A-15, A-19, A-21, A-23, A-25, PS-25, PS-30, BT-
     14.5, BT-15, CP-19, TB-19, CA-22, or similar shape as defined 
     in ANSI C78.20-2003; and
       (vi) has a bulb finish of the frosted, clear, soft white, 
     modified spectrum, enhanced spectrum, full spectrum, or 
     equivalent type.
     The following incandescent lamps are not general service 
     lamps: appliance, black light, bug, colored, infrared, left-
     hand thread, marine, marine signal service, mine service, 
     plant light, reflector, rough service, shatter resistant, 
     sign service, silver bowl, three-way, traffic signal, and 
     vibration service or vibration resistant.
       (B) The term ``appliance lamp'' means any lamp specifically 
     designed to operate in a household appliance. Examples of 
     appliance lamps include oven lamps, refrigerator lamps, and 
     vacuum cleaner lamps.
       (C) The term ``black light lamp'' means a lamp that emits 
     radiant energy in the UV-A band (315-400 nm) and is 
     designated and marketed as a ``black light''.
       (D) The term ``bug lamp'' means a lamp that contains a 
     filter to suppress the blue and green portions of the visible 
     spectrum and is designated and marketed as a ``bug light''.
       (E) The term ``colored incandescent lamp'' means an 
     incandescent lamp designated and marketed as a colored lamp 
     that has a CRI of less than 50, as determined according to 
     the test method given in CIE publication 13.2, and has a 
     correlated color temperature less than 2,500K, or greater 
     than 4,600K, where correlated color temperature is defined as 
     the absolute temperature of a blackbody whose chromaticity 
     nearly resembles that of the light source.
       (F) The term ``infrared lamp'' means a lamp that radiates 
     predominately in the infrared region of the electromagnetic 
     spectrum, and where visible radiation is not of principal 
     interest.
       (G) The term ``lamp'' means an electrical appliance that 
     includes a glass envelope and produces optical radiation for 
     the purpose of visual illumination, designed to be installed 
     into a luminaire by means of an integral lamp-holder. Types 
     of lamps include incandescent, fluorescent, and high 
     intensity discharge (high pressure sodium and metal halide).
       (H) The term ``left-handed thread lamp'' means a lamp on 
     which the base screws into a lamp socket in a counter-
     clockwise direction, and screws out of a lamp socket in a 
     clockwise direction.
       (I) The term ``marine lamp'' means a lamp specifically 
     designed and marketed to operate in a marine application.
       (J) The term ``marine signal service lamp'' means a lamp 
     specifically designed to provide signals to marine vessels 
     for seaway safety.
       (K) The term ``mine service lamp'' means a lamp 
     specifically designed and marketed for use in mine 
     applications.
       (L) The term ``plant light lamp'' means a lamp that 
     contains a filter to suppress yellow and green portions of 
     the spectrum and is designated and marketed as a ``plant 
     light''.
       (M) The term ``rough service lamp'' means a lamp that has a 
     minimum of 5 supports with filament configurations similar to 
     but not limited to C7A, C11, C17, and C22 as listed in Figure 
     6-12 of the 9th edition of the IESNA Lighting handbook, where 
     lead wires are not counted as supports and that is designated 
     and marketed specifically for ``rough service'' applications.
       (N) The term ``shatter resistant lamp'' means a lamp with 
     an external coating on the bulb wall to resist breakage and 
     which is designated and marketed as a shatter resistant lamp.
       (O) The term ``showcase lamp'' means a lamp that has a 
     tubular bulb with a conventional screw base and which is 
     designated and marketed as a showcase lamp.
       (P) The term ``sign service lamp'' means a lamp of the 
     vacuum type or gas-filled with sufficiently low bulb 
     temperature to permit exposed outdoor use on high-speed 
     flashing circuits. The designation shall be on the lamp 
     packaging, and marketing materials shall identify the lamp as 
     being a sign service lamp.
       (Q) The term ``silver bowl lamp'' means a lamp that has a 
     reflective coating applied directly to part of the bulb 
     surface and that reflects light in a backward direction 
     toward the lamp base. The designation shall be on the lamp 
     packaging, and marketing materials shall identify the lamp as 
     being a silver bowl lamp or similar designation.
       (R) The term ``three-way lamp'' means a lamp that employs 
     two filaments, operated separately and in combination, to 
     provide three light levels. The designation shall be on the 
     lamp packaging, and marketing materials shall identify the 
     lamp as being a three-way lamp.
       (S) The term ``traffic signal lamp'' means a lamp that is 
     designed with lifetime, wattage, focal length, filament 
     configuration, mounting, lamp glass, and lamp base 
     characteristics appropriate for use in traffic signals.
       (T) The term ``vibration service lamp'' or ``vibration 
     resistant lamp'' means a lamp with filament configurations 
     similar to but not limited to C-5, C-7A, or C-9, as listed in 
     Figure 6-12 of the 9th Edition of the IESNA Lighting 
     Handbook. The lamp is designated and marketed specifically 
     for vibration service or vibration resistant applications. 
     The designation shall be on the lamp packaging, and marketing 
     materials shall identify the lamp as being vibration 
     resistant or vibration service.
       (b) Incentive Plan and Public Education.--
       (1) Incentive plan.--Not later than 6 months after the date 
     of enactment of this Act, the Secretary of Energy shall 
     transmit to the Congress a plan for encouraging and providing 
     incentives for the domestic production of light bulbs by 
     United States manufacturers that meet the efficacy levels 
     shown in the table in subsection (a)(1)(B).
       (2) Labeling rulemaking.--The Federal Trade Commission 
     shall conduct a rulemaking to consider the effectiveness of 
     current lamp labeling requirements and to consider 
     alternative labeling approaches that will help consumers to 
     understand new high-efficiency lamp products. Such labeling 
     shall include, at a minimum, information on lighting output 
     (lumens), input power (watts), efficiency (lumens per watt), 
     lamp rated lifetime (hours), annual or lifetime energy 
     operating cost, and any hazardous materials (such as mercury) 
     that may be contained in lamp products. The Federal Trade 
     Commission shall complete this rulemaking within one year 
     after the date of enactment of this Act.
       (3) National sales data tracking system.--The Secretary of 
     Energy shall develop and implement within one year after the 
     date of enactment of this Act a national sales data tracking 
     system in conjunction with the National Electrical 
     Manufacturers Association and other stakeholders for lamp 
     technologies, including Light Emitting Diodes, halogens, 
     incandescents, and compact fluorescent lamps.
       (c) Report on Mercury Use and Release.--Not later than 1 
     year after the date of enactment of this Act, the Secretary 
     of Energy, in cooperation with the Administrator of the 
     Environmental Protection Agency, shall submit to Congress a 
     report describing recommendations relating to the means by 
     which the Federal Government may reduce or prevent the 
     release of mercury during the manufacture, transportation, 
     storage, or disposal of general service lamps.

     SEC. 9022. INCANDESCENT REFLECTOR LAMPS.

       (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 greater than 40 watts.''; and
       (2) by adding at the end the following:
       ``(53) 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.
       ``(54)(A) 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.
       ``(B) The term `BR30' refers to a BR incandescent reflector 
     lamp with a diameter of 30/8ths of an inch and the term 
     `BR40' refers to a BR incandescent reflector lamp with a 
     diameter of 40/8ths of an inch.
       ``(55)(A) The term `ER incandescent reflector lamp' means a 
     reflector lamp that has--
       ``(i) an elliptical section below the major diameter of the 
     bulb and above the approximate baseline of the bulb, as shown 
     in figure 1 (RE) on page 7 of ANSI C79.1-1994, incorporated 
     by reference in section 430.22 of title 10, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     paragraph); and
       ``(ii) a finished size and shape shown in ANSI C78.21-1989, 
     incorporated by reference in section 430.22 of title 10, Code 
     of Federal Regulations (as in effect on the date of enactment 
     of this paragraph).
       ``(B) The term `ER30' refers to an ER incandescent 
     reflector lamp with a diameter of 30/8ths of an inch and the 
     term `ER40' refers to an ER incandescent reflector lamp with 
     a diameter of 40/8ths of an inch.
       ``(56) 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.''.

[[Page H9813]]

       (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, 
     except as specified in subparagraphs (C) and (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 the date of 
     enactment of the Energy Efficiency Improvement Act of 2007.
       ``(B) Minimum standards.--Each of the following general 
     service fluorescent lamps and incandescent reflector lamps 
     manufactured after the effective date specified in the tables 
     contained in this paragraph shall meet or exceed the 
     following lamp efficacy and CRI standards:


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



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

       ``(C) Exemptions.--The standards specified in subparagraph 
     (B) shall not apply to the following types of incandescent 
     reflector lamps:
       ``(i) Lamps rated at 50 watts or less of the following 
     types: ER30, BR30, BR40, and ER40 lamps.
       ``(ii) Lamps rated at 65 watts of the following types: 
     BR30, BR40, and ER40 lamps.
       ``(iii) R20 incandescent reflector lamps of 45 watts or 
     less.
       ``(D) Effective dates.--
       ``(i) ER, br, and bpar lamps.--Except as provided in 
     subparagraph (A), 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. 9023. USE OF ENERGY EFFICIENT LIGHTING FIXTURES AND 
                   BULBS.

       (a) In General.--Chapter 33 of title 40, United States 
     Code, is amended--
       (1) by redesignating sections 3313, 3314, and 3315 as 
     sections 3314, 3315, and 3316, respectively; and
       (2) by inserting after section 3312 the following:

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

       ``(a) Construction and Alteration of Public Buildings.--
     Each public building constructed or significantly altered by 
     the Administrator of General Services shall be equipped, to 
     the maximum extent feasible as determined by the 
     Administrator, with lighting fixtures and bulbs that are 
     energy efficient.
       ``(b) Maintenance of Public Buildings.--Each lighting 
     fixture or bulb that is replaced by the Administrator in the 
     normal course of maintenance of public buildings shall be 
     replaced, to the maximum extent feasible as determined by the 
     Administrator, with a lighting fixture or bulb that is energy 
     efficient.
       ``(c) Considerations.--In making a determination under this 
     section concerning the feasibility of installing a lighting 
     fixture or bulb that is energy efficient, the Administrator 
     shall consider--
       ``(1) the life cycle cost effectiveness of the fixture or 
     bulb;
       ``(2) the compatibility of the fixture or bulb with 
     existing equipment;
       ``(3) whether use of the fixture or bulb could result in 
     interference with productivity;
       ``(4) the aesthetics relating to use of the fixture or 
     bulb; and
       ``(5) such other factors as the Administrator determines 
     appropriate.
       ``(d) Energy Star.--A lighting fixture or bulb shall be 
     treated as being energy efficient for purposes of this 
     section if--
       ``(1) the fixture or bulb is certified under the Energy 
     Star program established by section 324A of the Energy Policy 
     and Conservation Act (42 U.S.C. 6294a);
       ``(2) in the case of all LED luminaires, lamps, and systems 
     whose efficacy (lumens per watt) and Color Rendering Index 
     (CRI) meet the requirements for minimum luminaire efficacy 
     and CRI for the Energy Star certification, as verified by an 
     independent third-party testing laboratory that conducts its 
     tests according to the procedures and recommendations of the 
     Illuminating Engineering Society of North America, even if 
     these luminaires, lamps, and systems have not received such 
     certification; or
       ``(3) the Administrator has otherwise determined that the 
     fixture or bulb is energy efficient.
       ``(e) Significant Alterations.--A public building shall be 
     treated as being significantly altered for purposes of 
     subsection (a) if the alteration is subject to congressional 
     approval under section 3307.
       ``(f) Effective Date.--The requirements of subsections (a) 
     and (b) shall take effect one year after the date of 
     enactment of this subsection.''.
       (b) Conforming Amendment.--The analysis for chapter 33 of 
     title 40, United States Code, is amended by striking the 
     items relating to sections 3313, 3314, and 3315 and inserting 
     the following:

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

     SEC. 9024. METAL HALIDE LAMP FIXTURES.

       (a) Definitions.--Section 321 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291) is amended by adding at the 
     end the following:
       ``(57) The term `ballast' means a device used with an 
     electric discharge lamp to obtain necessary circuit 
     conditions (voltage, current, and waveform) for starting and 
     operating.
       ``(58) The term `metal halide lamp' means a high intensity 
     discharge lamp in which the major portion of the light is 
     produced by radiation of metal halides and their products of 
     dissociation, possibly in combination with metallic vapors.
       ``(59) The term `metal halide lamp fixture' means a light 
     fixture for general lighting application designed to be 
     operated with a metal halide lamp and a ballast for a metal 
     halide lamp.
       ``(60) The term `metal halide ballast' means a ballast used 
     to start and operate metal halide lamps.
       ``(61) The term `pulse-start metal halide ballast' means an 
     electronic or electromagnetic ballast that starts a pulse 
     start metal halide lamp with high voltage pulses. Lamps are 
     started by first providing a high voltage pulse for 
     ionization of the gas to produce a glow discharge. To 
     complete the starting process, power is provided by the 
     ballast to sustain the discharge through the glow-to-arc 
     transition.
       ``(62) The term `probe-start metal halide ballast' means a 
     ballast that starts a probe start metal halide lamp which 
     contains a third starting electrode (probe) in the arc tube. 
     This ballast does not generally contain an igniter and 
     instead starts lamps with high ballast open circuit voltage.
       ``(63) The term `electronic ballast' means a device that 
     uses semiconductors as the primary means to control lamp 
     starting and operation.
       ``(64) The term `general lighting application' means 
     lighting that provides an interior or exterior area with 
     overall illumination.
       ``(65) The term `ballast efficiency' for a high intensity 
     discharge fixture means the efficiency of a lamp and ballast 
     combination, expressed as a percentage, and calculated by 
     Efficiency = Pout/Pin, as measured. Pout is the measured 
     operating lamp wattage, and Pin is the measured operating 
     input wattage. The lamp, and the capacitor when it is 
     provided, is to constitute a nominal system in accordance 
     with the ANSI Standard C78.43-

[[Page H9814]]

     2004. Pin and Pout are to be measured after lamps have been 
     stabilized according to Section 4.4 of ANSI Standard C82.6-
     2005 using a wattmeter with accuracy specified in Section 4.5 
     of ANSI Standard C82.6-2005 for ballasts with a frequency of 
     60 Hz, and shall have a basic accuracy of   0.5 
     percent at the higher of--
       ``(A) three times the output operating frequency of the 
     ballast; or
       ``(B) 2 kHz for ballast with a frequency greater than 60 
     Hz.

     The Secretary may, by rule, modify this definition if he 
     determines that such modification is necessary or appropriate 
     to carry out the purposes of this Act.''.
       (b) Coverage.--Section 322(a) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6292(a)) is amended--
       (1) by redesignating paragraph (19) as paragraph (20); and
       (2) by inserting after paragraph (18) the following:
       ``(19) Metal halide lamp fixtures.''.
       (c) Test Procedures.--Section 323(c) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6293(c)) is amended by adding 
     at the end the following:
       ``(17) Test procedures for metal halide lamp ballasts shall 
     be based on American National Standards Institute Standard 
     C82.6-2005, entitled `Ballasts for High Intensity Discharge 
     Lamps--Method of Measurement'.''.
       (d) Labeling.--Section 324(a)(2) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6294(a)(2)) is amended--
       (1) by redesignating subparagraphs (C) through (G) as 
     subparagraphs (D) through (H), respectively; and
       (2) by inserting after subparagraph (B) the following:
       ``(C) The Commission shall prescribe labeling rules under 
     this section applicable to the covered product specified in 
     paragraph (19) of section 322(a) and to which standards are 
     applicable under section 325. Such rules shall provide that 
     the labeling of any metal halide lamp fixture manufactured on 
     or after the later of January 1, 2009, or nine months after 
     enactment of this subparagraph, will indicate conspicuously, 
     in a manner prescribed by the Commission under subsection (b) 
     by July 1, 2008, a capital letter `E' printed within a circle 
     on the packaging of the fixture, and on the ballast contained 
     in such fixture.''.
       (e) Standards.--Section 325 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295) is amended--
       (1) by redesignating subsection (gg) as subsection (hh);
       (2) by inserting after subsection (ff) the following:
       ``(gg) Metal Halide Lamp Fixtures.--
       ``(1)(A) Metal halide lamp fixtures designed to be operated 
     with lamps rated greater than or equal to 150 watts but less 
     than or equal to 500 watts shall contain--
       ``(i) a pulse-start metal halide ballast with a minimum 
     ballast efficiency of 88 percent;
       ``(ii) a magnetic probe-start ballast with a minimum 
     ballast efficiency of 94 percent; or
       ``(iii) a non-pulse-start electronic ballast with a minimum 
     ballast efficiency of 92 percent for wattages greater than 
     250 watts and a minimum ballast efficiency of 90 percent for 
     wattages less than or equal to 250 watts.
       ``(B) The standards in subparagraph (A) do not apply to 
     fixtures with regulated lag ballasts, fixtures that use 
     electronic ballasts that operate at 480 volts, or fixtures 
     that meet all of the following criteria:
       ``(i) Rated only for 150 watt lamps.
       ``(ii) Rated for use in wet locations as specified by the 
     National Electrical Code 2002, Section 410.4(A).
       ``(iii) Contain a ballast that is rated to operate at 
     ambient air temperatures above 50o C as specified 
     by UL 1029-2001.
       ``(C) The standard in subparagraph (A) shall apply to metal 
     halide lamp fixtures manufactured on or after the later of 
     January 1, 2009, or 9 months after the date of enactment of 
     this subsection.
       ``(2) Not later than January 1, 2012, the Secretary shall 
     publish a final rule to determine whether the standards 
     established under paragraph (1) should be amended. Such final 
     rule shall contain the amended standards, if any, and shall 
     apply to products manufactured after January 1, 2015.
       ``(3) Not later than January 1, 2019, the Secretary shall 
     publish a final rule to determine whether the standards then 
     in effect should be amended. Such final rule shall contain 
     the amended standards, if any, and shall apply to products 
     manufactured after January 1, 2022.
       ``(4) Notwithstanding any other provision of law, any 
     standard established pursuant to this subsection may contain 
     both design and performance requirements.''; and
       (3) in subsection (hh), as so redesignated by paragraph (1) 
     of this subsection, by striking ``(ff)'' both places it 
     appears and inserting ``(gg)''.
       (f) Effect on Other Law.--Section 327(c) of the Energy 
     Policy and Conservation Act (42 U.S.C. 6297(c)) is amended--
       (1) by striking the period at the end of paragraph (8)(B) 
     and inserting ``; and''; and
       (2) by adding at the end the following:
       ``(9) is a regulation concerning metal halide lamp fixtures 
     adopted by the California Energy Commission on or before 
     January 1, 2011. If the Secretary fails to issue a final rule 
     within 6 months after the deadlines for rulemakings in 
     section 325(gg) then, notwithstanding any other provision of 
     this section, preemption does not apply to a regulation 
     concerning metal halide lamp fixtures adopted by the 
     California Energy Commission on or before July 1, 2015, if 
     the Secretary misses the deadline specified in paragraph (2) 
     of section 325(gg), or on or before July 1, 2022, if the 
     Secretary misses the deadline specified in paragraph (3) of 
     section 325(gg).''.

                PART 3--RESIDENTIAL BUILDING EFFICIENCY

     SEC. 9031. ENCOURAGING STRONGER BUILDING CODES.

       (a) In General.--Section 304 of the Energy Conservation and 
     Production Act (42 U.S.C. 6833) is amended to read as 
     follows:

     ``SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.

       ``(a) Updating National Model Building Energy Codes.--(1) 
     The Secretary shall support updating the national model 
     building energy codes and standards at least every three 
     years to achieve overall energy savings, compared to the 2006 
     IECC for residential buildings and ASHRAE Standard 90.1 2004 
     for commercial buildings, of at least--
       ``(A) 30 percent by 2010;
       ``(B) 50 percent by 2020; and
       ``(C) targets to be set by the Secretary in intermediate 
     and subsequent years, at the maximum level of energy 
     efficiency that is technologically feasible and life-cycle 
     cost effective.
       ``(2)(A) Whenever the provisions of the IECC or ASHRAE 
     Standard 90.1 regarding building energy use are revised, the 
     Secretary shall, not later than 6 months after the date of 
     such revision, determine--
       ``(i) whether such revision will improve energy efficiency 
     in buildings; and
       ``(ii) whether such revision will meet the targets under 
     paragraph (1).
       ``(B) If the Secretary makes a determination under 
     subparagraph (A)(ii) that a code or standard does not meet 
     the targets under paragraph (1), or if a national model code 
     or standard is not updated for more than three years, then 
     the Secretary shall within 12 months propose a modified code 
     or standard that meets such targets. Any such modified code 
     or standard shall achieve the maximum level of energy savings 
     that are technically feasible and economically justified, 
     incorporating available appliances, technologies, materials, 
     and construction practices. The modified code or standard 
     shall serve as the baseline for the next determination under 
     subparagraph (A)(i).
       ``(C) The Secretary shall provide the opportunity for 
     public comment on targets, determinations, and modified codes 
     and standards under this subsection, and shall publish notice 
     of targets, determinations, and modified codes and standards 
     under this subsection in the Federal Register.
       ``(b) State Certification of Building Energy Code 
     Updates.--(1) Not later than 2 years after the date of 
     enactment of the Energy Efficiency Improvement Act of 2007, 
     each State shall certify to the Secretary that it has 
     reviewed and updated the provisions of its residential and 
     commercial building codes regarding energy efficiency. Such 
     certification shall include a demonstration that such State's 
     code provisions meet or exceed the 2006 IECC for residential 
     buildings and the ASHRAE Standard 90.1-2004 for commercial 
     buildings, or achieve equivalent or greater energy savings.
       ``(2)(A) If the Secretary makes an affirmative 
     determination under subsection (a)(2)(A)(i) or proposes a 
     modified code or standard under subsection (a)(2)(B), each 
     State shall within 2 years certify that it has reviewed and 
     updated the provisions of its building code regarding energy 
     efficiency. Such certification shall include a demonstration 
     that such State's code provisions meet or exceed the revised 
     code or standard, or achieve equivalent or greater energy 
     savings.
       ``(B) If the Secretary fails to make a determination under 
     subsection (a)(2)(A)(i) by the date specified in subsection 
     (a)(2), or makes a negative determination, each State shall 
     within 2 years after the specified date or the date of the 
     determination, certify that it has reviewed the revised code 
     or standard, and updated the provisions of its building code 
     regarding energy efficiency to meet or exceed any provisions 
     found to improve energy efficiency in buildings, or to 
     achieve equivalent or greater energy savings in other ways.
       ``(c) State Certification of Compliance With Building 
     Codes.--(1) Each State shall, not later than 3 years after a 
     certification under subsection (b), certify that it has 
     achieved compliance with the certified building energy code. 
     Such certification shall include documentation of the rate of 
     compliance based on independent inspections of a random 
     sample of the new and renovated buildings covered by the code 
     in the preceding year.
       ``(2) A State shall be considered to achieve compliance 
     under paragraph (1) if--
       ``(A) at least 90 percent of new and renovated buildings 
     covered by the code in the preceding year substantially meet 
     all the requirements of the code; or
       ``(B) the estimated excess energy use of new and renovated 
     buildings that did not meet the code in the preceding year, 
     compared to a baseline of comparable buildings that meet the 
     code, is not more than 10 percent of the estimated energy use 
     of all new and renovated buildings covered by the code in the 
     preceding year.
       ``(d) Failure to Meet Deadlines.--(1) The Secretary shall 
     permit extensions of the deadlines for the certification 
     requirements under subsections (b) and (c) of this section 
     for up to 1 year if a State can demonstrate that it has made 
     a good faith effort to comply with such requirements and that 
     it has made significant progress in doing so.
       ``(2) Any State for which the Secretary has not accepted a 
     certification by a deadline

[[Page H9815]]

     under subsection (b) or (c) of this section, with any 
     extension granted under paragraph (1), is out of compliance 
     with this section.
       ``(3) In any State that is out of compliance with this 
     section, a local government may be in compliance with this 
     section by meeting the certification requirements under 
     subsections (b) and (c) of this section.
       ``(e) Technical Assistance.--(1) The Secretary shall 
     provide technical assistance, including building energy 
     analysis and design tools, building demonstrations, and 
     design assistance and training to enable the national model 
     building energy codes and standards to meet the targets in 
     subsection (a)(1).
       ``(2) The Secretary shall provide technical assistance to 
     States to implement the requirements of this section, 
     including procedures for States to demonstrate that their 
     code provisions achieve equivalent or greater energy savings 
     than the national model codes and standards, and to improve 
     and implement State residential and commercial building 
     energy efficiency codes or to otherwise promote the design 
     and construction of energy efficient buildings.
       ``(f) Availability of Incentive Funding.--(1) The Secretary 
     shall provide incentive funding to States to implement the 
     requirements of this section, and to improve and implement 
     State residential and commercial building energy efficiency 
     codes, including increasing and verifying compliance with 
     such codes. In determining whether, and in what amount, to 
     provide incentive funding under this subsection, the 
     Secretary shall consider the actions proposed by the State to 
     implement the requirements of this section, to improve and 
     implement residential and commercial building energy 
     efficiency codes, and to promote building energy efficiency 
     through the use of such codes.
       ``(2) Additional funding shall be provided under this 
     subsection for implementation of a plan to achieve and 
     document at least a 90 percent rate of compliance with 
     residential and commercial building energy efficiency codes, 
     based on energy performance--
       ``(A) to a State that has adopted and is implementing, on a 
     Statewide basis--
       ``(i) a residential building energy efficiency code that 
     meets or exceeds the requirements of the 2006 IECC, or any 
     succeeding version of that code that has received an 
     affirmative determination from the Secretary under subsection 
     (a)(2)(A)(i); and
       ``(ii) a commercial building energy efficiency code that 
     meets or exceeds the requirements of the ASHRAE Standard 
     90.1-2004, or any succeeding version of that standard that 
     has received an affirmative determination from the Secretary 
     under subsection (a)(2)(A)(i); or
       ``(B) in a State in which there is no Statewide energy code 
     either for residential buildings or for commercial buildings, 
     or where State codes fail to comply with subparagraph (A), to 
     a local government that has adopted and is implementing 
     residential and commercial building energy efficiency codes, 
     as described in subparagraph (A).
       ``(3) Of the amounts made available under this subsection, 
     the Secretary may use amounts required, not exceeding 
     $500,000 for each State, to train State and local officials 
     to implement codes described in paragraph (2).
       ``(4)(A) There are authorized to be appropriated to carry 
     out this subsection--
       ``(i) $25,000,000 for each of fiscal years 2008 through 
     2012; and
       ``(ii) such sums as are necessary for fiscal year 2013 and 
     each fiscal year thereafter.
       ``(B) Funding provided to States under paragraph (2) for 
     each fiscal year shall not exceed one-half of the excess of 
     funding under this subsection over $5,000,000 for the fiscal 
     year.''.
       (b) Definition.--Section 303 of the Energy Conservation and 
     Production Act (42 U.S.C. 6832) is amended by adding at the 
     end the following new paragraph:
       ``(17) The term `IECC' means the International Energy 
     Conservation Code.''.

     SEC. 9032. ENERGY CODE IMPROVEMENTS APPLICABLE TO 
                   MANUFACTURED HOUSING.

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

     SEC. 9033. BASELINE BUILDING DESIGNS.

       Section 327(f)(3)(D) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6297(f)(3)(D)) is amended to read as follows:
       ``(D) If the code uses one or more baseline building 
     designs against which all submitted building designs are to 
     be evaluated and such baseline building designs contain a 
     covered product subject to an energy conservation standard 
     established in or prescribed under section 325, the baseline 
     building designs are based on the efficiency level for such 
     covered product which--
       ``(i) meets but does not exceed such standard;
       ``(ii) is the efficiency level required by a regulation of 
     that State for which the Secretary has issued a rule granting 
     a waiver under subsection (d) of this section; or
       ``(iii) is a level that, when evaluated in the baseline 
     building design, the State has found to be feasible and cost-
     effective.''.

     SEC. 9034. REAUTHORIZATION OF WEATHERIZATION ASSISTANCE 
                   PROGRAM.

       (a) Amendment.--Section 422 of the Energy Conservation and 
     Production Act (42 U.S.C. 6872) is amended by striking 
     ``$500,000,000 for fiscal year 2006, $600,000,000 for fiscal 
     year 2007, and $700,000,000 for fiscal year 2008'' and 
     inserting ``$600,000,000 for fiscal year 2007, and 
     $750,000,000 for each of fiscal years 2008, 2009, 2010, 2011, 
     and 2012. From those sums, the Secretary is authorized to 
     initiate an Alternative Delivery System Pilot Project to 
     examine options for decreasing energy consumption associated 
     with heating and cooling while increasing household 
     participation by focusing on key energy saving components. 
     Alternative Delivery System Pilot Projects should be 
     undertaken in both hot and cold urban areas. In implementing 
     the Alternative Delivery System Pilot Project, the Secretary 
     shall consider (1) the expected effectiveness and benefits of 
     the proposed Pilot Project to low- and moderate-income energy 
     consumers; (2) the potential for replication of successful 
     results; (3) the impact on the energy costs of those served; 
     and (4) the extent of partnerships with other public and 
     private entities that contribute to the resources and 
     implementation of the program, including financial 
     partnerships. Funding for such projects may equal up to two 
     percent of funding in any fiscal year, provided that no 
     funding is utilized for such demonstrations in any fiscal 
     year in which Weatherization appropriations are less than 
     $275,000,000.'' after ``cold urban areas.''.
       (b) Sustainable Energy Resources for Consumers Grants.--(1) 
     The Secretary of Energy may make funding available to local 
     Weatherization agencies from amounts authorized under the 
     amendment made by subsection (a) to expand the weatherization 
     assistance program for residential buildings to include 
     materials, benefits, and renewable and domestic energy 
     technologies not currently covered by the program, provided 
     that the State Weatherization grantee has certified that the 
     applicant has the capacity to carry out the proposed 
     activities and that the grantee will include the project in 
     its financial oversight of the Weatherization Assistance 
     program.
       (2) In selecting the grants, the program shall give 
     priority to--
       (A) the expected effectiveness and benefits of the proposed 
     project to low- and moderate income energy consumers;
       (B) the potential for replication of successful results;
       (C) the impact on the health and safety and energy costs of 
     those served; and
       (D) the extent of partnerships with other public and 
     private entities that contribute to the resources and 
     implementation of the program, including financial 
     partnerships.
       (3) Funding for such projects may equal up to two percent 
     of funding in any fiscal year, provided that no funding is 
     utilized for Sustainable Energy Resources for Consumers 
     grants in any fiscal year in which Weatherization 
     appropriations are less than $275,000,000.

           PART 4--COMMERCIAL AND FEDERAL BUILDING EFFICIENCY

     SEC. 9041. DEFINITIONS.

       In this part:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of General Services.
       (2) Advisory committee.--The term ``Advisory Committee'' 
     means the Green Building Advisory Committee established under 
     section 9042(c)(2).
       (3) Commercial director.--The term Commercial Director 
     means the individual appointed to the position established 
     under section 9043(a).
       (4) Consortium.--The term ``Consortium'' means the High-
     Performance Green Building Partnership Consortium created in 
     response to section 9042(c)(1) to represent the private

[[Page H9816]]

     sector in a public-private partnership to promote high-
     performance green buildings and zero-net-energy commercial 
     buildings.
       (5) Federal director.--The term ``Federal Director'' means 
     the individual appointed to the position established under 
     section 9042(a).
       (6) Federal facility.--The term ``Federal facility'' means 
     any building that is constructed, renovated, leased, or 
     purchased in part or in whole for use by the Federal 
     Government.
       (7) High-performance green building.--The term ``high-
     performance green building'' means a building that, during 
     its life-cycle, as compared with similar buildings (as 
     measured by Commercial Buildings Energy Consumption Survey or 
     Residential Energy Consumption Survey data from the Energy 
     Information Agency)--
       (A) reduces energy, water, and material resource use;
       (B) improves indoor environmental quality, including 
     reducing indoor pollution, improving thermal comfort, and 
     improving lighting and acoustic environments that affect 
     occupant health and productivity;
       (C) reduces negative impacts on the environment throughout 
     the life-cycle of the building, including air and water 
     pollution and waste generation;
       (D) increases the use of environmentally preferable 
     products, including biobased, recycled content, and nontoxic 
     products with lower life-cycle impacts;
       (E) increases reuse and recycling opportunities;
       (F) integrates systems in the building;
       (G) reduces the environmental and energy impacts of 
     transportation through building location and site design that 
     support a full range of transportation choices for users of 
     the building; and
       (H) considers indoor and outdoor effects of the building on 
     human health and the environment, including--
       (i) improvements in worker productivity;
       (ii) the life-cycle impacts of building materials and 
     operations; and
       (iii) other factors that the Federal Director or the 
     Commercial Director consider to be appropriate.
       (8) Life-cycle.--The term ``life-cycle'', with respect to a 
     high-performance green building, means all stages of the 
     useful life of the building (including components, equipment, 
     systems, and controls of the building) beginning at 
     conception of a high-performance green building project and 
     continuing through site selection, design, construction, 
     landscaping, commissioning, operation, maintenance, 
     renovation, deconstruction or demolition, removal, and 
     recycling of the high-performance green building.
       (9) Life-cycle assessment.--The term ``life-cycle 
     assessment'' means a comprehensive system approach for 
     measuring the environmental performance of a product or 
     service over the life of the product or service, beginning at 
     raw materials acquisition and continuing through 
     manufacturing, transportation, installation, use, reuse, and 
     end-of-life waste management.
       (10) Life-cycle costing.--The term ``life-cycle costing'', 
     with respect to a high-performance green building, means a 
     technique of economic evaluation that--
       (A) sums, over a given study period, the costs of initial 
     investment (less resale value), replacements, operations 
     (including energy use), and maintenance and repair of an 
     investment decision; and
       (B) is expressed--
       (i) in present value terms, in the case of a study period 
     equivalent to the longest useful life of the building, 
     determined by taking into consideration the typical life of 
     such a building in the area in which the building is to be 
     located; or
       (ii) in annual value terms, in the case of any other study 
     period.
       (11) Office of commercial high-performance green 
     buildings.--The term ``Office of Commercial High-Performance 
     Green Buildings'' refers to the office established under 
     section 9043(a).
       (12) Office of federal high-performance green buildings.--
     The term ``Office of Federal High-Performance Green 
     Buildings'' refers to the Office established undersection 
     9042(a).
       (13) Practices.--The term ``practices'' means design, 
     financing, permitting, construction, commissioning, operation 
     and maintenance, and other practices that contribute to 
     achieving zero-net-energy buildings or facilities.
       (14) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (15) Zero-net-energy commercial building.--The term ``zero-
     net-energy commercial building'' means a commercial building 
     that is designed, constructed, and operated to--
       (A) require a greatly reduced quantity of energy to 
     operate;
       (B) meet the balance of energy needs from sources of energy 
     that do not produce greenhouse gases;
       (C) therefore result in no net emissions of greenhouse 
     gases; and
       (D) be economically viable.

     SEC. 9042. HIGH-PERFORMANCE GREEN FEDERAL BUILDINGS.

       (a) Establishment of Office.--Not later than 60 days after 
     the date of enactment of this Act, the Administrator shall 
     establish within the General Services Administration an 
     Office of Federal High-Performance Green Buildings, and 
     appoint an individual to serve as Federal Director in, a 
     position in the career-reserved Senior Executive service, 
     to--
       (1) establish and manage the Office of Commercial High-
     Performance Green Buildings; and
       (2) carry out other duties as required under this part.
       (b) Compensation.--The compensation of the Federal Director 
     shall not exceed the maximum rate of basic pay for the Senior 
     Executive Service under section 5382 of title 5, United 
     States Code, including any applicable locality-based 
     comparability payment that may be authorized under section 
     5304(h)(2)(C) of that title.
       (c) Duties.--The Federal Director shall--
       (1) coordinate the activities of the Office of Federal 
     High-Performance Green Buildings with the activities of the 
     Office of Commercial High-Performance Green Buildings;
       (2) ensure full coordination of high-performance green 
     building information and activities within the General 
     Services Administration and all relevant agencies, including, 
     at a minimum--
       (A) the Environmental Protection Agency;
       (B) the Office of the Federal Environmental Executive;
       (C) the Office of Federal Procurement Policy;
       (D) the Department of Energy;
       (E) the Department of Health and Human Services; and
       (F) the Department of Defense;
       (3) establish a senior-level Federal Green Building 
     Advisory Committee, which shall provide advice and 
     recommendations in accordance with subsection (d);
       (4) identify and biennially reassess improved or higher 
     rating standards recommended by the Advisory Committee;
       (5) ensure full coordination of research and development 
     information relating to Federal high-performance green 
     building initiatives;
       (6) identify and develop Federal high-performance green 
     building standards that could be used for all types of 
     Federal facilities;
       (7) establish green practices that can be used throughout 
     the life of a Federal facility; and
       (8) review and analyze current Federal budget practices and 
     life-cycle costing issues, and make recommendations to 
     Congress, in accordance with subsection (d).
       (d) Additional Duties.--The Federal Director, in 
     coordination with the Commercial Director and the Advisory 
     Committee, shall--
       (1) identify, review, and analyze current budget and 
     contracting practices that affect achievement of high-
     performance green buildings, including the identification of 
     barriers to high-performance green building life-cycle 
     costing and budgetary issues;
       (2) develop guidance and conduct training sessions with 
     budget specialists and contracting personnel from Federal 
     agencies and budget examiners to apply life-cycle cost 
     criteria to actual projects;
       (3) identify tools to aid life-cycle cost decisionmaking; 
     and
       (4) explore the feasibility of incorporating the benefits 
     of high-performance green buildings, such as security 
     benefits, into a cost-budget analysis to aid in life-cycle 
     costing for budget and decisionmaking processes.
       (e) Incentives.--As soon as practicable after the date of 
     enactment of this Act, the Federal Director shall identify 
     incentives to encourage the use of high-performance green 
     buildings and related technology in the operations of the 
     Federal Government, including through--
       (1) the provision of recognition awards; and
       (2) the maximum feasible retention of financial savings in 
     the annual budgets of Federal agencies for use in reinvesting 
     in future high-performance green building initiatives.
       (f) Report.--Not later than 2 years after the date of 
     enactment of this Act, and biennially thereafter, the Federal 
     Director shall submit to Congress a report that--
       (1) describes the status of the Federal high-performance 
     green building initiatives in effect as of the date of the 
     report, including--
       (A) the extent to which the programs are being carried out 
     in accordance with this part; and
       (B) the status of funding requests and appropriations for 
     those programs;
       (2) identifies within the planning, budgeting, and 
     construction process all types of Federal facility procedures 
     that inhibit new and existing Federal facilities from 
     becoming high-performance green buildings;
       (3) identifies inconsistencies, as reported to the Advisory 
     Committee, in Federal law with respect to product acquisition 
     guidelines and high-performance product guidelines;
       (4) recommends language for uniform standards for use by 
     Federal agencies in environmentally responsible acquisition;
       (5) in coordination with the Office of Management and 
     Budget, reviews the budget process for capital programs with 
     respect to alternatives for--
       (A) restructuring of budgets to require the use of complete 
     energy and environmental cost accounting;
       (B) using operations expenditures in budget-related 
     decisions while simultaneously incorporating productivity and 
     health measures (as those measures can be quantified by the 
     Office of Federal High-Performance Green Buildings, with the 
     assistance of universities and national laboratories);
       (C) permitting Federal agencies to retain all identified 
     savings accrued as a result of the use of life-cycle costing 
     for future high-performance green building initiatives; and

[[Page H9817]]

       (D) identifying short-term and long-term cost savings that 
     accrue from high-performance green buildings, including those 
     relating to health and productivity;
       (6) identifies green, self-sustaining technologies to 
     address the operational needs of Federal facilities in times 
     of national security emergencies, natural disasters, or other 
     dire emergencies;
       (7) summarizes and highlights development, at the State and 
     local level, of high-performance green building initiatives, 
     including executive orders, policies, or laws adopted 
     promoting high-performance green building (including the 
     status of implementation of those initiatives); and
       (8) includes, for the 2-year period covered by the report, 
     recommendations to address each of the matters, and a plan 
     for implementation of each recommendation, described in 
     paragraphs (1) through (7).
       (g) Implementation.--The Office of Federal High-Performance 
     Green Buildings shall carry out each plan for implementation 
     of recommendations under subsection (f)(8).

     SEC. 9043. COMMERCIAL HIGH-PERFORMANCE GREEN BUILDINGS.

       (a) Establishment of Office.--Not later than 60 days after 
     the date of enactment of this Act, the Secretary shall 
     establish within the Department of Energy, Office of Energy 
     Efficiency and Renewable Energy, an Office of Commercial 
     High-Performance Green Buildings, and appoint an individual 
     to serve as Commercial Director in, a position in the career-
     reserved Senior Executive service, to--
       (1) establish and manage the Office of Commercial High-
     Performance Green Buildings; and
       (2) carry out other duties as required under this part.
       (b) Compensation.--The compensation of the Commercial 
     Director shall not exceed the maximum rate of basic pay for 
     the Senior Executive Service under section 5382 of title 5, 
     United States Code, including any applicable locality-based 
     comparability payment that may be authorized under section 
     5304(h)(2)(C) of that title.
       (c) Duties.--The Commercial Director shall, with respect to 
     development of high-performance green buildings and zero-
     energy commercial buildings nationwide--
       (1) coordinate the activities of the Office of Commercial 
     High-Performance Green Buildings with the activities of the 
     Office of Federal High-Performance Green Buildings;
       (2) develop the legal predicates and agreements for, 
     negotiate, and establish one or more public-private 
     partnerships with the Consortium, members of the Consortium, 
     and other capable parties meeting the qualifications of the 
     Consortium, to further such development;
       (3) represent the public and the Department of Energy in 
     negotiating and performing in accord with such public-private 
     partnerships;
       (4) use appropriated funds in an effective manner to 
     encourage the maximum investment of private funds to achieve 
     such development; and
       (5) establish a national high-performance green building 
     clearinghouse in accordance withsection 9045(1), which shall 
     provide high-performance green building information through--
       (A) outreach;
       (B) education; and
       (C) the provision of technical assistance.
       (d) Reporting.--The Commercial Director shall report 
     directly to the Assistant Secretary for Energy Efficiency and 
     Renewable Energy, or to other senior officials in a way that 
     facilitates the integrated program of this part for both 
     energy efficiency and renewable energy and both technology 
     development and technology deployment.
       (e) Coordination.--The Commercial Director shall ensure 
     full coordination of high-performance green building 
     information and activities, including activities under this 
     part, within the Federal Government by working with the 
     General Services Administration and all relevant agencies, 
     including, at a minimum--
       (1) the Environmental Protection Agency;
       (2) the Office of the Federal Environmental Executive;
       (3) the Office of Federal Procurement Policy;
       (4) the Department of Energy, particularly the Federal 
     Energy Management Program;
       (5) the Department of Health and Human Services;
       (6) the Department of Housing and Urban Development;
       (7) the Department of Defense; and
       (8) such nonprofit high-performance green building rating 
     and analysis entities as the Commercial Director determines 
     can offer support, expertise, and review services.
       (f) High-Performance Green Building Partnership 
     Consortium.--
       (1) Recognition.--Not later than 90 days after the date of 
     enactment of this Act, the Commercial Director shall formally 
     recognize one or more groups that qualify as a high-
     performance green building partnership consortium.
       (2) Representation to qualify.--To qualify under this 
     section, any consortium shall include representation from--
       (A) the design professions, including national associations 
     of architects and of professional engineers;
       (B) the development, construction, financial, and real 
     estate industries;
       (C) building owners and operators from the public and 
     private sectors;
       (D) academic and research organizations, including at least 
     one national laboratory with extensive commercial building 
     energy expertise;
       (E) building code agencies and organizations, including a 
     model energy code-setting organization;
       (F) independent high-performance green building 
     associations or councils;
       (G) experts in indoor air quality and environmental 
     factors;
       (H) experts in intelligent buildings and integrated 
     building information systems;
       (I) utility energy efficiency programs; and
       (J) nongovernmental energy efficiency organizations.
       (3) Funding.--The Secretary may make payments to the 
     Consortium pursuant to the terms of a public-private 
     partnership for such activities of the Consortium undertaken 
     under such a partnership as described in this part directly 
     to the Consortium or through one or more of its members.
       (g) Report.--Not later than 2 years after the date of 
     enactment of this Act, and biennially thereafter, the 
     Commercial Director, in consultation with the Consortium, 
     shall submit to Congress a report that--
       (1) describes the status of the high-performance green 
     building initiatives under this part and other Federal 
     programs affecting commercial high-performance green 
     buildings in effect as of the date of the report, including--
       (A) the extent to which the programs are being carried out 
     in accordance with this part; and
       (B) the status of funding requests and appropriations for 
     those programs; and
       (2) summarizes and highlights development, at the State and 
     local level, of high-performance green building initiatives, 
     including executive orders, policies, or laws adopted 
     promoting high-performance green building (including the 
     status of implementation of those initiatives).

     SEC. 9044. ZERO-ENERGY COMMERCIAL BUILDINGS INITIATIVE.

       (a) Goal.--The Commercial Director, in partnership with the 
     Consortium, shall periodically study and refine a national 
     goal to reduce commercial building energy use and achieve 
     zero-net-energy commercial buildings. Unless the Commercial 
     Director concludes that such targets are unachievable or 
     unrealistic, the goal shall include objectives that--
       (1) all new commercial buildings constructed after the 
     beginning of 2025 are zero-net-energy commercial buildings;
       (2) by 2035, 50 percent of the then existing stock of 
     commercial buildings that were constructed before 2025 are 
     zero-net-energy commercial buildings; and
       (3) by 2050, all commercial buildings are zero-net-energy 
     commercial buildings.
       (b) Strategy.--The Commercial Director, in partnership with 
     the Consortium, shall develop a market transformation 
     strategy intended to achieve the adopted goal by 
     significantly accelerating the development and widespread 
     deployment of energy efficiency technologies, practices, and 
     policies in both new and existing commercial buildings, and 
     by leveraging State, utility, and private sector commercial 
     building energy efficiency programs.
       (c) Initiative.--The Commercial Director, in partnership 
     with the Consortium, shall implement an initiative to carry 
     out the strategy that may include--
       (1) support for industry efforts to develop advanced 
     materials, equipment, controls, practices, and integrated 
     building systems aimed at achieving zero-net-energy 
     commercial buildings and monitoring and benchmarking 
     commercial building energy use;
       (2) training, education, and awareness programs, 
     including--
       (A) programs in cooperation with industry and professional 
     associations and educational institutions to provide 
     education on achieving sustainable and energy-efficient 
     performance through proper system and structure design, 
     construction, and operation to--
       (i) architects;
       (ii) mechanical, electrical, and plumbing engineers;
       (iii) contractors; and
       (iv) construction managers and facility managers;
       (B) programs to incorporate energy efficiency and 
     sustainability elements into architecture, engineering, and 
     vocational training and certification curricula, including 
     professional certification and continuing education programs; 
     and
       (C) regional and national public education campaigns to 
     educate real estate, finance, and other commercial buildings 
     professionals and the general public about the opportunities 
     for energy and cost savings and associated environmental and 
     health benefits associated with high-performance green 
     buildings;
       (3) pilot projects to demonstrate and document the 
     performance of scalable and replicable technologies, 
     practices, and policies to achieve high-performance green 
     buildings and zero-net-energy commercial buildings, 
     including--
       (A) pilot projects representing each market segment or 
     building type in each climate region that include current 
     best practice in integrated design, technology and systems, 
     construction, commissioning, operation, and building 
     information management;
       (B) pilot projects, in cooperation with State and local 
     governments, in public buildings; and
       (C) pilot projects, in cooperation with public school 
     districts and colleges and universities, to--

[[Page H9818]]

       (i) demonstrate such technologies and practices in new and 
     existing facilities;
       (ii) involve students and faculty members in integrating 
     energy efficiency and high-performance green building 
     concepts and measures within the educational curriculum; and
       (iii) use education facilities as showcases to communicate 
     these concepts to the community;
       (4) technical assistance and funding of pilot projects for 
     the development and use of new building energy design 
     standards, model designs, model energy codes, and incentives 
     and other policies, to be provided to designers, builders, 
     developers, commercial building owners, and utility and 
     government energy efficiency programs, including--
       (A) support for code and standards organizations to develop 
     aggressive model energy codes, beyond-code guidelines, and 
     code compliance programs for new and existing buildings;
       (B) assistance to utilities, builders, and State and local 
     officials in developing, implementing, and evaluating pilot 
     programs to achieve building design and actual energy 
     performance that meet and exceed performance levels in the 
     model energy codes; and
       (C) support for development and dissemination of model 
     programs and policies that provide incentives for high-
     performance green buildings, such as accelerated zoning and 
     construction permitting and inspections, density bonuses, and 
     State and local tax incentives;
       (5) technical assistance and funding of pilot projects for 
     innovative market-based initiatives to advance energy-
     efficient technologies and practices in new and existing 
     commercial buildings, provided to State agencies, utilities, 
     and other entities, including--
       (A) design assistance and incentives for incorporating 
     sustainability and energy efficiency beginning with the first 
     stages of building design and continuing through start-up 
     commissioning and long-term operation;
       (B) performance-based design and construction fees for 
     high-performance green construction and renovation;
       (C) equipment leasing and financing strategies for energy 
     efficiency upgrades of new and replacement commercial 
     building equipment;
       (D) trade-in programs for early retirement of low-
     efficiency commercial building equipment and system 
     components, such as motors, air conditioners, boilers, 
     lighting, and windows;
       (E) improved methods of energy performance contracting to 
     reduce transaction costs and encourage the use of third-party 
     funding and expertise for energy-efficient retrofitting of 
     existing commercial buildings;
       (F) improved model protocols for commercial building energy 
     audits, energy performance measurement and verification, 
     continuous commissioning, and ongoing performance monitoring 
     and diagnostics; and
       (G) strategies to reduce barriers to energy efficiency 
     investment by addressing split incentives between commercial 
     building owners and tenants;
       (6) development, dissemination, technical assistance, and 
     pilot project activities to improve the practice of 
     monitoring, benchmarking, and disclosure of actual commercial 
     building energy performance and operating costs, including--
       (A) improved methods of measuring and compiling energy 
     performance data on a statistically significant share of 
     commercial new construction, renovation, and energy retrofit 
     projects;
       (B) development and dissemination of energy performance 
     metrics for the commercial building stock and for important 
     subcategories of commercial buildings;
       (C) improved methods of providing energy performance 
     feedback to commercial building owners, operators, and 
     occupants, including real-time feedback and comparisons to 
     performance goals, past performance, and similar buildings;
       (D) voluntary programs at the national, regional, and 
     sectoral levels to recognize and reward commercial buildings 
     with exceptional performance or performance improvement;
       (E) increased availability and use of tools for post 
     occupancy assessment of energy efficiency and occupant 
     satisfaction with commercial high-performance green 
     buildings, and for measuring and documenting non-energy 
     financial and other benefits of such buildings;
       (7) in cooperation with the Energy Information 
     Administration and with utility, State, and private sector 
     organizations, development and application of improved 
     methods for assessing trends in the energy performance of the 
     commercial buildings stock, new construction, and building 
     renovations, by building type and region, in order to track 
     progress toward the goals adopted under subsection (a); and
       (8) such otherwise authorized activities that the Secretary 
     and the Commercial Director determine are necessary to the 
     success of the initiative.

     SEC. 9045. PUBLIC OUTREACH.

       The Commercial Director, in coordination with the 
     Consortium, shall carry out public outreach to inform 
     individuals and entities of the information and services 
     available Governmentwide by--
       (1) establishing and maintaining a national high-
     performance green building clearinghouse, including on the 
     internet, that--
       (A) identifies existing similar efforts and coordinates 
     activities of common interest; and
       (B) provides information relating to high-performance green 
     buildings, including hyperlinks to internet sites that 
     describe the activities, information, and resources of--
       (i) the Federal Government;
       (ii) State and local governments;
       (iii) the private sector (including nongovernmental and 
     nonprofit entities and organizations); and
       (iv) international organizations;
       (2) identifying and recommending educational resources for 
     implementing high-performance green building practices, 
     including security and emergency benefits and practices;
       (3) providing access to technical assistance on using tools 
     and resources to make more cost-effective, energy-efficient, 
     health-protective, and environmentally beneficial decisions 
     for constructing high-performance green buildings, 
     particularly tools available to conduct life-cycle costing 
     and life-cycle assessment;
       (4) providing information on application processes for 
     certifying a high-performance green building, including 
     certification and commissioning;
       (5) providing technical information, market research, or 
     other forms of assistance or advice that would be useful in 
     planning and constructing high-performance green buildings;
       (6) using such other methods as are determined by the 
     Commercial Director to be appropriate;
       (7) surveying existing research and studies relating to 
     high-performance green buildings;
       (8) coordinating activities of common interest;
       (9) developing and recommending a high-performance green 
     building practices that--
       (A) identify information and research needs, including the 
     relationships between health, occupant productivity, and each 
     of--
       (i) pollutant emissions from materials and products in the 
     building;
       (ii) natural day lighting;
       (iii) ventilation choices and technologies;
       (iv) heating, cooling, and system control choices and 
     technologies;
       (v) moisture control and mold;
       (vi) maintenance, cleaning, and pest control activities;
       (vii) acoustics; and
       (viii) other issues relating to the health, comfort, 
     productivity, and performance of occupants of the building; 
     and
       (B) promote the development and dissemination of high-
     performance green building measurement tools that, at a 
     minimum, may be used--
       (i) to monitor and assess the life-cycle performance of 
     facilities (including demonstration projects) built as high-
     performance green buildings; and
       (ii) to perform life-cycle assessments;
       (10) studying and identifying potential benefits of high-
     performance green buildings relating to security, natural 
     disaster, and emergency needs of the Federal Government; and
       (11) supporting other research initiatives determined by 
     the Office of Commercial High-Performance Green Buildings.

     SEC. 9046. FEDERAL PROCUREMENT.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Director of the Office of Federal 
     Procurement Policy, in consultation with the Federal 
     Director, the Commercial Director, and the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics, shall 
     promulgate revisions of the applicable acquisition 
     regulations, to take effect as of the date of promulgation of 
     the revisions--
       (1) to direct any Federal procurement executives involved 
     in the acquisition, construction, or major renovation 
     (including contracting for the construction or major 
     renovation) of any facility--
       (A) to employ integrated design principles;
       (B) to improve site selection for environmental and 
     community benefits;
       (C) to optimize building and systems energy performance;
       (D) to protect and conserve water;
       (E) to enhance indoor environmental quality; and
       (F) to reduce environmental impacts of materials and waste 
     flows; and
       (2) to direct Federal procurement executives involved in 
     leasing buildings, to give preference to the lease of 
     facilities that--
       (A) are energy-efficient; and
       (B) to the maximum extent practicable, have applied 
     contemporary high-performance and sustainable design 
     principles during construction or renovation.
       (b) Guidance.--Not later than 90 days after the date of 
     promulgation of the revised regulations under subsection (a), 
     the Director of the Office of Procurement Policy shall issue 
     guidance to all Federal procurement executives providing 
     direction and instructions to renegotiate the design of 
     proposed facilities, renovations for existing facilities, and 
     leased facilities to incorporate improvements that are 
     consistent with this section.

     SEC. 9047. MANAGEMENT OF ENERGY AND WATER EFFICIENCY IN 
                   FEDERAL BUILDINGS.

       Section 543 of the National Energy Conservation Policy Act 
     (42 U.S.C. 8253) is amended by adding at the end the 
     following:
       ``(f) Use of Energy and Water Efficiency Measures in 
     Federal Buildings.--
       ``(1) Facility energy managers.--
       ``(A) In general.--Each Federal agency shall designate a 
     manager responsible for

[[Page H9819]]

     implementing this subsection and reducing energy use at each 
     building or facility that meets criteria under subparagraph 
     (B).
       ``(B) Covered facilities.--The Secretary shall develop 
     criteria, after consultation with affected agencies, energy 
     efficiency advocates, and energy and utility service 
     providers, that cover, at a minimum, each Federal building or 
     facility with greater than 40,000 square feet of space or 
     greater than $75,000 per year in energy costs, including 
     central utility plants and distribution systems and other 
     energy intensive operations, and that constitute in the 
     aggregate at least two-thirds of total Federal building and 
     facility energy use.
       ``(2) Energy and water evaluations and commissioning.--
       ``(A) Evaluations.--Not later than 18 months after the date 
     of enactment of this subsection, and every 5 years 
     thereafter, each energy manager shall complete a 
     comprehensive energy and water evaluation for each building 
     or facility that meets criteria under paragraph (1)(B).
       ``(B) Recommissioning and retrocommissioning.--As part of 
     the evaluation under subparagraph (A) or on the same schedule 
     the energy manager shall recommission or retrocommission each 
     such building and facility as applicable.
       ``(3) Implementation of identified energy and water 
     efficiency measures.--
       ``(A) In general.--Not later than 2 years after the 
     completion of each evaluation under paragraph (1), each 
     energy manager--
       ``(i) shall fully implement each energy and water-saving 
     measure identified in the evaluation conducted under 
     paragraph (2) that is life-cycle cost-effective and has a 12-
     year or shorter simple payback period;
       ``(ii) may implement any energy or water-saving measure 
     that the Federal agency identified in the evaluation 
     conducted under paragraph (1) that is life-cycle cost-
     effective and has longer than a 12-year simple payback 
     period; and
       ``(iii) may bundle individual measures of varying paybacks 
     together into combined projects.
       ``(B) Payback period.--For the purpose of subparagraph (A), 
     the simple payback period of a measure shall be obtained by 
     dividing--
       ``(i) the estimated initial implementation cost of the 
     measure (other than financing costs); by
       ``(ii) the annual cost savings from the measure.
       ``(C) Cost savings.--For the purpose of subparagraph (B), 
     cost savings shall include net savings in estimated--
       ``(i) energy and water costs; and
       ``(ii) operations, maintenance, repair, replacement, and 
     other direct costs.
       ``(D) Exceptions.--The Secretary may modify or make 
     exceptions to the calculation of a 12-year simple payback 
     under this paragraph in the guidelines issued by the 
     Secretary under paragraph (5), if necessary and appropriate 
     to achieve the purposes of this Act.
       ``(E) Life-cycle cost-effective.--For the purpose of 
     subparagraph (A), determination of whether a measure is life-
     cycle cost-effective shall use methods and procedures 
     developed pursuant to section 544.
       ``(4) Follow-up on implemented measures.--For each measure 
     implemented under paragraph (3), each energy manager shall 
     ensure that--
       ``(A) equipment, including building and equipment controls, 
     is fully commissioned at acceptance to be operating at design 
     specifications;
       ``(B) a plan for appropriate operations, maintenance, and 
     repair of the equipment is in place at acceptance and is 
     followed;
       ``(C) equipment and system performance is measured during 
     its entire life to ensure proper operations, maintenance, and 
     repair; and
       ``(D) energy and water savings are measured and verified.
       ``(5) Guidelines.--
       ``(A) In general.--The Secretary shall issue guidelines and 
     necessary criteria that each Federal agency shall follow for 
     implementation of--
       ``(i) paragraphs (1) and (2) not later than 180 days after 
     the date of enactment of this subsection; and
       ``(ii) paragraphs (3) and (4) not later than 1 year after 
     the date of enactment of this subsection.
       ``(B) Relationship to funding source.--The guidelines 
     issued by the Secretary under subparagraph (A) shall be 
     appropriate and uniform for measures funded with each type of 
     funding made available under paragraph (9), but may 
     distinguish between different types of measures project size, 
     and other criteria the Secretary determines are relevant.
       ``(6) Web-based certification.--
       ``(A) In general.--For each building or facility that meets 
     the criteria established by the Secretary under paragraph 
     (1), the energy manager shall use the web-based tracking 
     system under subparagraph (B) to certify compliance with the 
     requirements for--
       ``(i) energy and water evaluations and recommissioning and 
     retrocommissioning under paragraph (2);
       ``(ii) implementation of identified energy and water 
     measures under paragraph (3); and
       ``(iii) follow-up on implemented measures under paragraph 
     (4).
       ``(B) Deployment.--
       ``(i) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Secretary shall develop and 
     deploy the web-based tracking system required under this 
     paragraph in a manner that tracks, at a minimum--

       ``(I) the covered buildings and facilities;
       ``(II) the status of meeting the requirements specified in 
     subparagraph (A);
       ``(III) the estimated cost and savings for measures 
     required to be implemented in a building or facility; and
       ``(IV) the measured savings and persistence of savings for 
     implemented measures.

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

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

       ``(ii) Combined funding for same measure.--A Federal agency 
     may use any combination of appropriated funds and private 
     financing described in clause (i) to carry out the same 
     measure under this subsection, with proportional allocation 
     for any energy and water savings.
       ``(iii) Lack of appropriated funds.--Since measures may be 
     carried out using private financing described in clause (i), 
     a lack of available appropriations shall not be considered a 
     sufficient reason for the failure of a Federal agency to 
     comply with this subsection.
       ``(C) Implementation.--Each Federal agency may implement 
     the requirements under this subsection itself or may contract 
     out performance of some or all of the requirements.
       ``(10) Rule of construction.--This subsection shall not be 
     construed either to require or to obviate any contractor 
     savings guarantees.''.

     SEC. 9048. DEMONSTRATION PROJECT.

       (a) In General.--The Federal Director and the Commercial 
     Director shall establish guidelines to implement a 
     demonstration project to contribute to the research goals of 
     the Office of Commercial High-Performance Green Buildings and 
     the Office of Federal High-Performance Green Buildings.
       (b) Projects.--In accordance with guidelines established by 
     the Federal Director and the Commercial Director under 
     subsection (a) and the duties of the Federal Director and the 
     Commercial Director described in this part, the Federal 
     Director or the Commercial Director shall carry out--
       (1) for each of fiscal years 2009 through 2014, 1 
     demonstration project in a Federal building selected by the 
     Federal Director in accordance with relevant agencies and 
     described in subsection (c)(1), that--

[[Page H9820]]

       (A) provides for the evaluation of the information obtained 
     through the conduct of projects and activities under this 
     part; and
       (B) achieves the highest rating offered by an existing 
     high-performance green building rating system that is 
     developed through a consensus-based process, provides minimum 
     requirements in all performance categories, requires 
     substantiating documentation and verifiable calculations, 
     employs third-party post-construction review and 
     verification, and is nationally recognized within the 
     building industry;
       (2) no fewer than 4 demonstration projects at 4 
     universities, that, as competitively selected by the 
     Commercial Director in accordance with subsection (c)(2), 
     have--
       (A) appropriate research resources and relevant projects to 
     meet the goals of the demonstration project established by 
     the Office of Commercial High-Performance Green Buildings; 
     and
       (B) the ability--
       (i) to serve as a model for high-performance green building 
     initiatives, including research and education;
       (ii) to identify the most effective ways o use high-
     performance green building and landscape technologies to 
     engage and educate undergraduate and graduate students;
       (iii) to effectively implement a high-performance green 
     building education program for students and occupants;
       (iv) to demonstrate the effectiveness of various high-
     performance technologies in each of the 4 climatic regions of 
     the United States described in subsection (c)(2)(B); and
       (v) to explore quantifiable and nonquantifiable beneficial 
     impacts on public health and employee and student 
     performance;
       (3) demonstration projects to evaluate replicable 
     approaches to achieving various types of commercial buildings 
     in various climates; and
       (4) deployment activities to disseminate information on and 
     encourage widespread adoption of technologies, practices, and 
     policies to achieve zero-net-energy commercial buildings or 
     low energy use and effective monitoring of energy use in 
     commercial buildings.
       (c) Criteria.--
       (1) Federal facilities.--With respect to the existing or 
     proposed Federal facility at which a demonstration project 
     under this section is conducted, the Federal facility shall--
       (A) be an appropriate model for a project relating to--
       (i) the effectiveness of high-performance technologies;
       (ii) analysis of materials, components, systems, and 
     emergency operations in the building, and the impact of those 
     materials, components, and systems, including the impact on 
     the health of building occupants;
       (iii) life-cycle costing and life-cycle assessment of 
     building materials and systems; and
       (iv) location and design that promote access to the Federal 
     facility through walking, biking, and mass transit; and
       (B) possess sufficient technological and organizational 
     adaptability.
       (2) Universities.--With respect to the 4 universities at 
     which a demonstration project under this section is 
     conducted--
       (A) the universities should be selected, after careful 
     review of all applications received containing the required 
     information, as determined by the Commercial Director, based 
     on--
       (i) successful and established public-private research and 
     development partnerships;
       (ii) demonstrated capabilities to construct or renovate 
     buildings that meet high indoor environmental quality 
     standards;
       (iii) organizational flexibility;
       (iv) technological adaptability;
       (v) the demonstrated capacity of at least 1 university to 
     replicate lessons learned among nearby or sister 
     universities, preferably by participation in groups or 
     consortia that promote sustainability;
       (vi) the demonstrated capacity of at least 1 university to 
     have officially-adopted, institution-wide ``high-performance 
     green building'' guidelines for all campus building projects; 
     and
       (vii) the demonstrated capacity of at least 1 university to 
     have been recognized by similar institutions as a national 
     leader in sustainability education and curriculum for 
     students of the university; and
       (B) each university shall be located in a different 
     climatic region of the United States, each of which regions 
     shall have, as determined by the Office of Commercial High-
     Performance Green Buildings--
       (i) a hot, dry climate;
       (ii) a hot, humid climate;
       (iii) a cold climate; or
       (iv) a temperate climate (including a climate with cold 
     winters and humid summers).
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter through 
     September 30, 2014--
       (1) the Federal Director and the Commercial Director shall 
     submit to the Secretary a report that describes the status of 
     the demonstration projects; and
       (2) each University at which a demonstration project under 
     this section is conducted shall submit to the Secretary a 
     report that describes the status of the demonstration 
     projects under this section.

     SEC. 9049. ENERGY EFFICIENCY FOR DATA CENTER BUILDINGS.

       (a) In General.--
       (1) Not later than 90 days after the date of enactment of 
     this Act, the Secretary of Energy and Administrator of the 
     Environmental Protection Agency shall jointly, after 
     consulting with information technology industry and other 
     interested parties, initiate a voluntary national information 
     program for those types of data centers and data center 
     equipment and facilities that are widely used and for which 
     there is a potential for significant data center energy 
     savings as a result of such program.
       (2) Such program shall--
       (A) consistent with the objectives of paragraph (1), 
     determine the type of data center and data center equipment 
     and facilities to be covered under such program; and
       (B) include specifications, measurements, and benchmarks 
     that will enable data center operators to make more informed 
     decisions about the energy efficiency and costs of data 
     centers, and that--
       (i) reflect the total energy consumption of data centers, 
     including both equipment and facilities, taking into 
     account--

       (I) the performance and utilization of servers, data 
     storage devices, and other information technology equipment;
       (II) the efficiency of heating, ventilation, and air 
     conditioning, cooling, and power conditioning systems;
       (III) energy savings from the adoption of software and data 
     management techniques; and
       (IV) other factors determined by the organization described 
     in subsection (b);

       (ii) allow for creation of separate specifications, 
     measurements, and benchmarks based on data center size and 
     function, as well as other appropriate characteristics 
     determined by the organization described in subsection (b);
       (iii) advance the design and implementation of efficiency 
     technologies to the maximum extent economically practical; 
     and
       (iv) provide to data center operators in the private sector 
     and the Federal Government information about best practices 
     and purchasing decisions that reduce the energy consumption 
     of data centers;
       (C) publish the information described in subparagraph (B), 
     which may be disseminated through catalogs, trade 
     publications, the Internet, or other mechanisms, that will 
     allow data center operators to assess the energy consumption 
     and potential cost savings of alternative data centers and 
     data center equipment and facilities; and
       (D) not later than 1 year after the date of enactment of 
     this Act, and thereafter on an ongoing basis, transmit the 
     information described in subparagraph (B) to the Secretary 
     and the Administrator.
       (3) Such program shall be developed and coordinated by the 
     data center efficiency organization described in subsection 
     (b) according to commonly accepted procedures for the 
     development of specifications, measurements, and benchmarks.
       (b) Data Center Efficiency Organization.--Upon creation of 
     the program under subsection (a), the Secretary and the 
     Administrator shall jointly designate an information 
     technology industry organization to coordinate the program. 
     Such organization, whether preexisting or formed specifically 
     for the purposes of subsection (a), shall--
       (1) consist of interested parties that have expertise in 
     energy efficiency and in the development, operation, and 
     functionality of computer data centers, information 
     technology equipment, and software, as well as 
     representatives of hardware manufacturers, data center 
     operators, and facility managers;
       (2) obtain and address input from Department of Energy 
     National Laboratories or any college, university, research 
     institution, industry association, company, or public 
     interest group with applicable expertise in any of the areas 
     listed in paragraph (1) of this subsection;
       (3) follow commonly accepted procedures for the development 
     of specifications and accredited standards development 
     processes;
       (4) have a mission to develop and promote energy efficiency 
     for data centers and information technology; and
       (5) have the primary responsibility to oversee the 
     development and publishing of the information, measurements, 
     and benchmarks described in subsection (a) and transmission 
     of such information to the Secretary and the Administrator 
     for their adoption under subsection (c).
       (c) Adoption of Specifications.--The Secretary and the 
     Administrator shall jointly, in accordance with the 
     requirements of section 12(d) of the National Technology 
     Transfer Advancement Act of 1995, adopt and publish the 
     specifications, measurements, and benchmarks described in 
     subsection (a) for use by the Federal Energy Management 
     Program and the Energy Star program as energy efficiency 
     requirements for the purposes of those programs.
       (d) Monitoring.--The Secretary and the Administrator shall 
     jointly monitor and evaluate the efforts to develop the 
     program described in subsection (a) and, not later than 3 
     years after the date of enactment of this Act, shall make a 
     determination as to whether such program is consistent with 
     the objectives of subsection (a).
       (e) Alternative System.--If the Secretary and the 
     Administrator make a determination under subsection (d) that 
     a voluntary national information program for data centers 
     consistent with the objectives of subsection (a) has not been 
     developed, the Secretary and the Administrator shall jointly, 
     after consultation with the National Institute of Standards 
     and Technology, develop, not later than 2 years after such 
     determination, and implement the program under subsection 
     (a).
       (f) Protection of Proprietary Information.--The Secretary, 
     the Administrator, or

[[Page H9821]]

     the data center efficiency organization shall not disclose 
     any proprietary information or trade secrets provided by any 
     individual or company for the purposes of carrying out this 
     program.
       (g) Definitions.--For purposes of this section:
       (1) The term ``data center'' means any facility that 
     primarily contains electronic equipment used to process, 
     store, and transmit digital information, which may be--
       (A) a free-standing structure; or
       (B) a facility within a larger structure, that utilizes 
     environmental control equipment to maintain the proper 
     conditions for the operation of electronic equipment.
       (2) The term ``data center operator'' means any person or 
     government entity that builds or operates a data center or 
     purchases data center services, equipment, and facilities.

     SEC. 9050. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--In addition to amounts authorized under 
     subsections (b), (c), and (d), there are authorized to be 
     appropriated to carry out this part, other thansection 9052--
       (1) $10,000,000 for fiscal year 2008; and
       (2) $20,000,000 for each of the fiscal years 2009 through 
     2014, to remain available until expended.
       (b) Zero-Energy Commercial Buildings Initiative.--There are 
     authorized to be appropriated to carry out the initiative 
     described insection 9044--
       (1) $20,000,000 for fiscal year 2008;
       (2) $50,000,000 for each of fiscal years 2009 and 2010;
       (3) $100,000,000 for each of fiscal years 2011 and 2012;
       (4) $200,000,000 for each of fiscal years 2013 through 
     2050.
       (c) Demonstration Projects.--
       (1) Federal demonstration project.--There are authorized to 
     be appropriated to carry out the Federal demonstration 
     project described insection 9048(b)(1) $10,000,000 for the 
     period of fiscal years 2009 through 2014, to remain available 
     until expended.
       (2) University demonstration projects.--There are 
     authorized to be appropriated to carry out the university 
     demonstration projects described insection 9048(b)(2) 
     $10,000,000 for the period of fiscal years 2009 through 2014, 
     to remain available until expended.
       (d) Energy Efficiency for Data Center Buildings.--There are 
     authorized to be appropriated to each of the Secretary and 
     the Administrator for carrying outsection 9049 $250,000 for 
     each of the fiscal years 2008 through 2012.

     SEC. 9051. STUDY AND REPORT ON USE OF POWER MANAGEMENT 
                   SOFTWARE.

       (a) Study.--The Secretary of Energy, through the Federal 
     Energy Management Program, shall conduct a study on the use 
     of power management software by the Department of Energy and 
     Federal facilities to reduce the use of electricity in 
     computer monitors and personal computers.
       (b) Report.--Not later than 60 days after the date of 
     enactment of the Act, the Secretary shall submit to Congress 
     a report containing the results of the study under subsection 
     (a), including a description of the recommendations developed 
     under the study. The Secretary and the Federal Energy 
     Management Program are encouraged to draw upon similar 
     studies and efforts by other Federal entities on power 
     management software.

     SEC. 9052. HIGH-PERFORMANCE GREEN BUILDINGS RETROFIT LOAN 
                   GUARANTEES.

       (a) Definitions.--In this section:
       (1) Cost.--The term ``cost'' has the meaning given the term 
     ``cost of a loan guarantee'' within the meaning of section 
     502(5)(C) of the Federal Credit Reform Act of 1990 (2 U.S.C. 
     661a(5)(C)).
       (2) Guarantee.--
       (A) In general.--The term ``guarantee'' has the meaning 
     given the term ``loan guarantee'' in section 502 of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661a).
       (B) Inclusion.--The term ``guarantee'' includes a loan 
     guarantee commitment (as defined in section 502 of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661a)).
       (3) Obligation.--The term ``obligation'' means the loan or 
     other debt obligation that is guaranteed under this section.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (b) Eligible Purposes.--Except for division C of Public Law 
     108-423, the Commercial Director shall make loan guarantees 
     under this section for renovation projects that are eligible 
     projects within the meaning of section 1703 of the Energy 
     Policy Act of 2005 and that will result in a building 
     achieving the United States Green Building Council Leadership 
     in Energy and Environmental Design ``certified'' level, or 
     meeting a comparable standard approved by the Commercial 
     Director.
       (c) Terms and Conditions.--
       (1) In general.--The Commercial Director shall make 
     guarantees under this section for projects on such terms and 
     conditions as the Commercial Director determines, after 
     consultation with the Secretary of the Treasury, in 
     accordance with this section, including limitations on the 
     amount of any loan guarantee to ensure distribution to a 
     variety of borrowers.
       (2) Specific appropriation or contribution.--No guarantee 
     shall be made under this section unless--
       (A) an appropriation for the cost has been made; or
       (B) the Commercial Director has received from the borrower 
     a payment in full for the cost of the obligation and 
     deposited the payment into the Treasury.
       (3) Limitation.--Not more than $100,000,000 in loans may be 
     guaranteed under this section at any one time.
       (4) Amount.--Unless otherwise provided by law, a guarantee 
     by the Commercial Director under this section shall not 
     exceed an amount equal to 80 percent of the project cost that 
     is the subject of the guarantee, as estimated at the time at 
     which the guarantee is issued.
       (5) Repayment.--No guarantee shall be made under this 
     section unless the Commercial Director determines that there 
     is reasonable prospect of repayment of the principal and 
     interest on the obligation by the borrower.
       (6) Interest rate.--An obligation shall bear interest at a 
     rate that does not exceed a level that the Commercial 
     Director determines appropriate, taking into account the 
     prevailing rate of interest in the private sector for similar 
     loans and risks.
       (7) Term.--The term of an obligation shall require full 
     repayment over a period not to exceed the lesser of--
       (A) 30 years; or
       (B) 90 percent of the projected useful life of the building 
     whose renovation is to be financed by the obligation (as 
     determined by the Commercial Director).
       (8) Defaults.--
       (A) Payment by commercial director.--
       (i) In general.--If a borrower defaults on the obligation 
     (as defined in regulations promulgated by the Commercial 
     Director and specified in the guarantee contract), the holder 
     of the guarantee shall have the right to demand payment of 
     the unpaid amount from the Commercial Director.
       (ii) Payment required.--Within such period as may be 
     specified in the guarantee or related agreements, the 
     Commercial Director shall pay to the holder of the guarantee 
     the unpaid interest on, and unpaid principal of the 
     obligation as to which the borrower has defaulted, unless the 
     Commercial Director finds that there was no default by the 
     borrower in the payment of interest or principal or that the 
     default has been remedied.
       (iii) Forbearance.--Nothing in this paragraph precludes any 
     forbearance by the holder of the obligation for the benefit 
     of the borrower which may be agreed upon by the parties to 
     the obligation and approved by the Commercial Director.
       (B) Subrogation.--
       (i) In general.--If the Commercial Director makes a payment 
     under subparagraph (A), the Commercial Director shall be 
     subrogated to the rights of the recipient of the payment as 
     specified in the guarantee or related agreements including, 
     where appropriate, the authority (notwithstanding any other 
     provision of law) to--

       (I) complete, maintain, operate, lease, or otherwise 
     dispose of any property acquired pursuant to such guarantee 
     or related agreements; or
       (II) permit the borrower, pursuant to an agreement with the 
     Commercial Director, to continue to pursue the purposes of 
     the project if the Commercial Director determines this to be 
     in the public interest.

       (ii) Superiority of rights.--The rights of the Commercial 
     Director, with respect to any property acquired pursuant to a 
     guarantee or related agreements, shall be superior to the 
     rights of any other person with respect to the property.
       (iii) Terms and conditions.--A guarantee agreement shall 
     include such detailed terms and conditions as the Commercial 
     Director determines appropriate to--

       (I) protect the interests of the United States in the case 
     of default; and
       (II) have available all the patents and technology 
     necessary for any person selected, including the Commercial 
     Director, to complete and operate the project.

       (C) Payment of principal and interest by commercial 
     director.--With respect to any obligation guaranteed under 
     this section, the Commercial Director may enter into a 
     contract to pay, and pay, holders of the obligation, for and 
     on behalf of the borrower, from funds appropriated for that 
     purpose, the principal and interest payments which become due 
     and payable on the unpaid balance of the obligation if the 
     Commercial Director finds that--
       (i)(I) the borrower is unable to meet the payments and is 
     not in default;
       (II) it is in the public interest to permit the borrower to 
     continue to pursue the purposes of the project; and
       (III) the probable net benefit to the Federal Government in 
     paying the principal and interest will be greater than that 
     which would result in the event of a default;
       (ii) the amount of the payment that the Commercial Director 
     is authorized to pay shall be no greater than the amount of 
     principal and interest that the borrower is obligated to pay 
     under the agreement being guaranteed; and
       (iii) the borrower agrees to reimburse the Commercial 
     Director for the payment (including interest) on terms and 
     conditions that are satisfactory to the Commercial Director.
       (D) Action by attorney general.--
       (i) Notification.--If the borrower defaults on an 
     obligation, the Commercial Director shall notify the Attorney 
     General of the default.
       (ii) Recovery.--On notification, the Attorney General shall 
     take such action as is appropriate to recover the unpaid 
     principal and interest due from--

       (I) such assets of the defaulting borrower as are 
     associated with the obligation; or

[[Page H9822]]

       (II) any other security pledged to secure the obligation.

       (9) Fees.--
       (A) In general.--The Commercial Director shall charge and 
     collect fees for guarantees in amounts the Commercial 
     Director determines are sufficient to cover applicable 
     administrative expenses.
       (B) Availability.--Fees collected under this paragraph 
     shall--
       (i) be deposited by the Commercial Director into the 
     Treasury; and
       (ii) remain available until expended, subject to such other 
     conditions as are contained in annual appropriations Acts.
       (10) Records; audits.--
       (A) In general.--A recipient of a guarantee shall keep such 
     records and other pertinent documents as the Commercial 
     Director shall prescribe by regulation, including such 
     records as the Commercial Director may require to facilitate 
     an effective audit.
       (B) Access.--The Commercial Director and the Comptroller 
     General of the United States, or their duly authorized 
     representatives, shall have access, for the purpose of audit, 
     to the records and other pertinent documents.
       (11) Full faith and credit.--The full faith and credit of 
     the United States is pledged to the payment of all guarantees 
     issued under this section with respect to principal and 
     interest.

                  PART 5--INDUSTRIAL ENERGY EFFICIENCY

     SEC. 9061. INDUSTRIAL ENERGY EFFICIENCY.

       (a) Amendment.--Title III of the Energy Policy and 
     Conservation Act (42 U.S.C. 6201 and following) is amended by 
     adding the following after part D:

                 ``PART E--INDUSTRIAL ENERGY EFFICIENCY

     ``SEC. 371. SURVEY OF WASTE INDUSTRIAL ENERGY RECOVERY AND 
                   POTENTIAL USE.

       ``Congress finds that--
       ``(1) the Nation should encourage the use of otherwise 
     wasted energy and the development of combined heat and power 
     and other waste energy recovery projects where there is 
     wasted thermal energy in large volumes at potentially useful 
     temperatures;
       ``(2) such projects would increase energy efficiency and 
     lower pollution by generating power with no incremental 
     fossil fuel consumption;
       ``(3) because recovered waste energy and combined heat and 
     power projects are associated with end-uses of thermal energy 
     and electricity at the local level, they help avoid new 
     transmission lines, reduce line losses, reduce local air 
     pollutant emissions, and reduce vulnerability to extreme 
     weather and terrorism; and
       ``(4) States, localities, electric utilities, and other 
     electricity customers may benefit from private investments in 
     recovered waste energy and combined heat and power projects 
     at industrial and commercial sites by avoiding generation, 
     transmission and distribution expenses, and transmission line 
     loss expenses that may otherwise be required to be recovered 
     from ratepayers.

     ``SEC. 372. DEFINITIONS.

       ``For purposes of this Part:
       ``(1) The term `Administrator' means the Administrator of 
     the Environmental Protection Agency.
       ``(2) The term `waste energy' means_
       ``(A) exhaust heat and flared gases from any industrial 
     process;
       ``(B) waste gas or industrial tail gas that would otherwise 
     be flared, incinerated or vented;
       ``(C) a pressure drop in any gas, excluding any pressure 
     drop to a condenser that subsequently vents the resulting 
     heat; and
       ``(D) such other forms of waste energy as the Administrator 
     may identify.
       ``(3) The term `recoverable waste energy' means waste 
     energy from which electricity or useful thermal energy may be 
     recovered through modification of existing facilities or 
     addition of new facilities.
       ``(4) The term `net excess power' means, for any facility, 
     recoverable waste energy recovered in the form of electricity 
     in amounts exceeding the total consumption of electricity at 
     the specific time of generation on the site where the 
     facility is located.
       ``(5) The term `useful thermal energy' is energy in the 
     forms of direct heat, steam, hot water, or other thermal 
     forms that is used in production and beneficial measures for 
     heating, cooling, humidity control, process use, or other 
     valid thermal end-use energy requirements, and for which fuel 
     or electricity would otherwise be consumed.
       ``(6) The term `combined heat and power system' means a 
     facility--
       ``(A) that simultaneously and efficiently produces useful 
     thermal energy and electricity; and
       ``(B) that recovers not less than 60 percent of the energy 
     value in the fuel (on a lower-heating-value basis) in the 
     form of useful thermal energy and electricity.
       ``(7) The terms `electric utility', `State regulated 
     electric utility', `nonregulated electric utility' and other 
     terms used in this Part have the same meanings as when such 
     terms are used in title I of the Public Utility Regulatory 
     Policies Act of 1978 (relating to retail regulatory policies 
     for electric utilities).

     ``SEC. 373. SURVEY AND REGISTRY.

       ``(a) Recoverable Waste-Energy Inventory Program.--The 
     Administrator, in cooperation with State energy offices, 
     shall establish a Recoverable Waste-Energy Inventory Program. 
     The program shall include an ongoing survey of all major 
     industrial and large commercial combustion sources in the 
     United States and the sites where these are located, together 
     with a review of each for quantity and quality of waste 
     energy.
       ``(b) Criteria.--The Administrator shall, within 120 days 
     after the enactment of this section, develop and publish 
     proposed criteria subject to notice and comment, and within 
     270 days of enactment, establish final criteria, to identify 
     and designate those sources and sites in the inventory under 
     subsection (a) where recoverable waste energy projects or 
     combined heat and power system projects may have economic 
     feasibility with a payback of invested costs within 5 years 
     or less from the date of first full project operation 
     (including incentives offered under this Part). Such criteria 
     will include standards that insure that projects proposed for 
     inclusion in the Registry are not developed for the primary 
     purpose of making sales of excess electric power under the 
     regulatory treatment provided under this Part.
       ``(c) Technical Support.--The Administrator shall provide 
     to owners or operators of combustion sources technical 
     support and offer partial funding (up to one-half of total 
     costs) for feasibility studies to confirm whether or not 
     investment in recovery of waste energy or combined heat and 
     power at that source would offer a payback period of 5 years 
     or less.
       ``(d) Registry.--(1) The Administrator shall, within one 
     year after the enactment of this section, establish a 
     Registry of Recoverable Waste-energy Sources, and sites on 
     which those sources are located, which meet the criteria set 
     forth under subsection (b). The Administrator shall update 
     the Registry on not less than a monthly basis, and make the 
     Registry accessible to the public on the Environmental 
     Protection Agency web site. Any State or electric utility may 
     contest the listing of any source or site by submitting a 
     petition to the Administrator.
       ``(2) The Administrator shall register and include on the 
     Registry all sites meeting the criteria of subsection (b). 
     The Administrator shall calculate the total amounts of 
     potentially recoverable waste energy from sources at such 
     sites, nationally and by State, and shall make such totals 
     public, together with information on the air pollutant and 
     greenhouse gas emissions savings that might be achieved with 
     recovery of the waste energy from all sources and sites 
     listed in the Registry.
       ``(3) The Administrator shall notify owners or operators of 
     Recoverable Waste-Energy Sources and sites listed in the 
     Registry prior to publishing the listing. The owner or 
     operator of sources at such sites may elect to have detailed 
     quantitative information concerning that site not made public 
     by notifying the Administrator of that election. Information 
     concerning that site shall be included in State totals unless 
     there are fewer than 3 sites in the State.
       ``(4) As waste energy projects achieve successful recovery 
     of waste energy, the Administrator shall remove the related 
     sites or sources from the Registry, and shall designate the 
     removed projects as eligible for the incentive provisions 
     provided under this Part and the regulatory treatment 
     required by this Part. No project shall be removed from the 
     Registry without the consent of the owner or operator of the 
     project if the owner or operator has submitted a petition 
     under section 375 and such petition has not been acted upon 
     or denied.
       ``(5) The Administrator shall not list any source 
     constructed after the date of the enactment of this Part on 
     the Registry if the Administrator determines that such 
     source--
       ``(A) was developed for the primary purpose of making sales 
     of excess electric power under the regulatory treatment 
     provided under this Part; or
       ``(B) does not capture at least 60 percent of the total 
     energy value of the fuels used (on a lower-heating-value 
     basis) in the form of useful thermal energy, electricity, 
     mechanical energy, chemical output, or some combination of 
     them.
       ``(e) Self-Certification.--Owners, operators, or third-
     party developers of industrial waste-energy projects that 
     qualify under standards established by the Administrator may 
     self-certify their sites or sources to the Administrator for 
     inclusion in the Registry, subject to procedures adopted by 
     the Administrator. To prevent a fraudulent listing, the 
     sources shall be included on the Registry only if the 
     Administrator confirms the submitted data, at the 
     Administrator's discretion.
       ``(f) New Facilities.--As a new energy-consuming industrial 
     facility is developed after the enactment of this Part, to 
     the extent it may constitute a site with recoverable waste 
     energy that may qualify for the Registry, the Administrator 
     may elect to include it in the Registry at the request of its 
     owner or operator or developer on a conditional basis, 
     removing the site if its development ceases or it if fails to 
     qualify for listing under this Part.
       ``(g) Optimum Means of Recovery.--For each site listed in 
     the Registry, at the request of the owner or operator of the 
     site, the Administrator shall offer, in cooperation with 
     Clean Energy Application Centers operated by the Secretary of 
     Energy, suggestions of optimum means of recovery of value 
     from waste energy stream in the form of electricity, useful 
     thermal energy, or other energy-related products.
       ``(h) Revision.--Each annual State report under section 
     548(a) of the National Energy

[[Page H9823]]

     Conservation Policy Act shall include the results of the 
     survey for that State under this section.
       ``(i) Authorization.--There are authorized to be 
     appropriated to the Administrator for the purposes of 
     creating and maintaining the Registry and services authorized 
     by this section not more than $1,000,000 for each of fiscal 
     years 2008, 2009, 2010, 2010, and 2012 and not more than 
     $5,000,000 to the States to provide funding for State energy 
     office functions under this section.

     ``SEC. 374. WASTE ENERGY RECOVERY INCENTIVE GRANT PROGRAM.

       ``(a) Establishment of Program.--There is established in 
     the Environmental Protection Agency a Waste Energy Recovery 
     Incentive Grant Program to provide incentive grants to owners 
     and operators of projects that successfully produce 
     electricity or incremental useful thermal energy from waste 
     energy recovery (and to utilities purchasing or distributing 
     such electricity) and to reward States that have achieved 80 
     percent or more of identified waste-heat recovery 
     opportunities.
       ``(b) Grants to Projects and Utilities.--
       ``(1) In general.--The Administrator shall make grants to 
     the owners or operators of waste energy recovery projects, 
     and, in the case of excess power purchased or transmitted by 
     a electric utility, to such utility. Grants may only be made 
     upon receipt of proof of waste energy recovery or excess 
     electricity generation, or both, from the project in a form 
     prescribed by the Administrator, by rule.
       ``(2) Excess electric energy.--In the case of waste energy 
     recovery, the grants under this section shall be made at the 
     rate of $10 per megawatt hour of documented electricity 
     produced from recovered waste energy (or by prevention of 
     waste energy in the case of a new facility) by the project 
     during the first 3 calendar years of such production, 
     beginning on or after the date of enactment of this Part. If 
     the project produces net excess power and an electric utility 
     purchases or transmits the excess power, 50 percent of so 
     much of such grant as is attributable to the net excess power 
     shall be paid to the electric utility purchasing or 
     transporting the net excess power.
       ``(3) Useful thermal energy.--In the case of waste energy 
     recovery that produces useful thermal energy that is used for 
     a purpose different from that for which the project is 
     principally designed, the grants under this section shall be 
     made to the owner or operator of the waste energy recovery 
     project at the rate of $10 for each 3,412,000 Btus of such 
     excess thermal energy used for such different purpose.
       ``(c) Grants to States.--In the case of States that have 
     achieved 80 percent or more of waste-heat recovery 
     opportunities identified by the Administrator under this 
     Part, the Administrator shall make grants to the States of up 
     to $1,000 per Megawatt of waste-heat capacity recovered (or 
     its thermal equivalent) to support State-level programs to 
     identify and achieve additional energy efficiency.
       ``(d) Eligibility.--The Administrator shall establish rules 
     and guidelines to establish eligibility for grants, shall 
     make the grant program known to those listed in the Registry, 
     and shall offer such grants on the basis of the merits of 
     each project in recovering or preventing waste energy 
     throughout the United States on an impartial, objective, and 
     not unduly discriminatory basis.
       ``(e) Authorization.--(1) There is authorized to be 
     appropriated to the Administrator $100,000,000 for fiscal 
     year 2008, and $200,000,000 for each of fiscal years 2009, 
     2010, 2011, and 2012 for grants under subsection (b) of this 
     section, and such additional amounts during those years and 
     thereafter as may be necessary for administration of the 
     Waste Energy Recovery Incentive Grant Program.
       ``(2) There is authorized to be appropriated to the 
     Administrator not more than $10,000,000 for each of the first 
     five fiscal years after the enactment of this Part, to be 
     available until expended for purposes of grants to States 
     under subsection (c).

     ``SEC. 375. ADDITIONAL INCENTIVES FOR RECOVERY, UTILIZATION 
                   AND PREVENTION OF INDUSTRIAL WASTE ENERGY.

       ``(a) Consideration of Standard.--Not later than 180 days 
     after the receipt by a State regulatory authority (with 
     respect to each electric utility for which it has ratemaking 
     authority), or nonregulated electric utility, of a request 
     from a project sponsor or owner or operator, the State 
     regulatory authority or nonregulated electric utility shall 
     provide public notice and conduct a hearing respecting the 
     standard established by subsection (b) and, on the basis of 
     such hearing, shall consider and make a determination whether 
     or not it is appropriate to implement such standard to carry 
     out the purposes of this Part. For purposes of any such 
     determination and any review of such determination in any 
     court the purposes of this section supplement otherwise 
     applicable State law. Nothing in this Part prohibits any 
     State regulatory authority or nonregulated electric utility 
     from making any determination that it is not appropriate to 
     adopt any such standard, pursuant to its authority under 
     otherwise applicable State law.
       ``(b) Standard for Sales of Excess Power.--For purposes of 
     this section, the standard referred to in subsection (a) 
     shall provide that an owner or operator of a waste energy 
     recovery project identified on the Registry who generates net 
     excess power shall be eligible to benefit from at least one 
     of the options described in subsection (c) for disposal of 
     the net excess power in accordance with the rate conditions 
     and limitations described in subsection (d).
       ``(c) Options.--The options referred to in subsection (b) 
     are as follows:
       ``(1) Sale of net excess power to utility.--The electric 
     utility shall purchase the net excess power from the owner or 
     operator of the eligible waste-energy recovery project during 
     the operation of the project under a contract entered into 
     for that purpose.
       ``(2) Transport by utility for direct sale to third 
     party.--The electric utility shall transmit the net excess 
     power on behalf of the project owner or operator to up to 
     three separate locations on that utility's system for direct 
     sale by that owner or operator to third parties at such 
     locations.
       ``(3) Transport over private transmission lines.--The State 
     and the electric utility shall permit, and shall waive or 
     modify such laws as would otherwise prohibit, the 
     construction and operation of private electric wires 
     constructed, owned and operated by the project owner or 
     operator, to transport such power to up to 3 purchasers 
     within a 3-mile radius of the project, allowing such wires to 
     utilize or cross public rights-of-way, without subjecting the 
     project to regulation as a public utility, and according such 
     wires the same treatment for safety, zoning, land-use and 
     other legal privileges as apply or would apply to the 
     utility's own wires, except that--
       ``(A) there shall be no grant of any power of eminent 
     domain to take or cross private property for such wires, and
       ``(B) such wires shall be physically segregated and not 
     interconnected with any portion of the utility's system, 
     except on the customer's side of the utility's revenue meter 
     and in a manner that precludes any possible export of such 
     electricity onto the utility system, or disruption of such 
     system.
       ``(4) Agreed upon alternatives.--The utility and the owner 
     or operator of the project may reach agreement on any 
     alternate arrangement and its associated payments or rates 
     that is mutually satisfactory and in accord with State law.
       ``(d) Rate Conditions and Criteria.--
       ``(1) In general.--The options described in paragraphs (1) 
     and (2) in subsection (c) shall be offered under purchase and 
     transport rate conditions reflecting the rate components 
     defined under paragraph (2) of this subsection as applicable 
     under the circumstances described in paragraph (3) of this 
     subsection.
       ``(2) Rate components.--For purposes of this section:
       ``(A) Per unit distribution costs.--The term `per unit 
     distribution costs' means the utility's depreciated book-
     value distribution system costs divided by the previous 
     year's volume of utility electricity sales or transmission at 
     the distribution level in kilowatt hours.
       ``(B) Per unit distribution margin.--The term `per unit 
     distribution margin' means:
       ``(i) In the case of a State regulated electric utility, a 
     per-unit gross pretax profit determined by multiplying the 
     utility's State-approved percentage rate of return for 
     distribution system assets by the per unit distribution 
     costs.
       ``(ii) In the case of an nonregulated utility, a per unit 
     contribution to net revenues determined by dividing the 
     amount of any net revenue payment or contribution to the 
     nonregulated utility's owners or subscribers in the prior 
     year by the utility's gross revenues for the prior year to 
     obtain a percentage (but not less than 10 percent) and 
     multiplying that percentage by the per unit distribution 
     costs.
       ``(C) Per unit transmission costs.--The term `per unit 
     transmission costs' means the total cost of those 
     transmission services purchased or provided by a utility on a 
     per-kilowatt-hour basis as included in that utility's retail 
     rate.
       ``(3) Applicable rates.--
       ``(A) Rates applicable to sale of net excess power.--Sales 
     made by a project owner or operator under the option 
     described in subsection (c) (1) shall be paid for on a per 
     kilowatt hour basis that shall equal the full undiscounted 
     retail rate paid to the utility for power purchased by such a 
     facility minus per unit distribution costs, as applicable to 
     the type of utility purchasing the power. If the net excess 
     power is made available for purchase at voltages that must be 
     transformed to or from voltages exceeding 25 kilovolts to be 
     available for resale by the utility, then the purchase price 
     shall further be reduced by per unit transmission costs.
       ``(B) Rates applicable to transport by utility for direct 
     sale to third parties.--Transportation by utilities of power 
     on behalf of the owner or operator of a project under the 
     option described in subsection (c)(2) shall incur a 
     transportation rate equal to the per unit distribution costs 
     and per unit distribution margin, as applicable to the type 
     of utility transporting the power. If the net excess power is 
     made available for transportation at voltages that must be 
     transformed to or from voltages exceeding 25 kilovolts to be 
     transported to the designated third-party purchasers, then 
     the transport rate shall further be increased by per unit 
     transmission costs. In States with competitive retail markets 
     for electricity, the applicable transportation rate for 
     similar transportation shall be applied in lieu of any rate 
     calculated under this paragraph.
       ``(4) Limitations.--(A) Any rate established for sale or 
     transportation under this section shall be modified over time 
     with changes in the electric utility's underlying costs or

[[Page H9824]]

     rates, and shall reflect the same time-sensitivity and 
     billing periods as are established in the retail sales or 
     transportation rates offered by the utility.
       ``(B) No utility shall be required to purchase or transport 
     an amount of net excess power under this section that exceeds 
     the available capacity of the wires, meter, or other 
     equipment of the electric utility serving the site unless the 
     owner or operator of the project agrees to pay necessary and 
     reasonable upgrade costs.
       ``(e) Procedural Requirements for Consideration and 
     Determination.--(1) The consideration referred to in 
     subsection (b) shall be made after public notice and hearing. 
     The determination referred to in subsection (b) shall be--
       ``(A) in writing,
       ``(B) based upon findings included in such determination 
     and upon the evidence presented at the hearing, and
       ``(C) available to the public.
       ``(2) The Administrator may intervene as a matter of right 
     in a proceeding conducted under this section and may 
     calculate the energy and emissions likely to be saved by 
     electing to adopt one or more of the options, as well as the 
     costs and benefits to ratepayers and the utility and to 
     advocate for the waste-energy recovery opportunity.
       ``(3) Except as otherwise provided in paragraph (1), and 
     paragraph (2), the procedures for the consideration and 
     determination referred to in subsection (a) shall be those 
     established by the State regulatory authority or the 
     nonregulated electric utility. In the instance that there is 
     more than one project seeking such consideration 
     simultaneously in connection with the same utility, such 
     proceeding may encompass all such projects, provided that 
     full attention is paid to their individual circumstances and 
     merits, and an individual judgment is reached with respect to 
     each project.
       ``(f) Implementation.--(1) The State regulatory authority 
     (with respect to each electric utility for which it has 
     ratemaking authority) or nonregulated electric utility may, 
     to the extent consistent with otherwise applicable State 
     law--
       ``(A) implement the standard determined under this section, 
     or
       ``(B) decline to implement any such standard.
       ``(2) If a State regulatory authority (with respect to each 
     electric utility for which it has ratemaking authority) or 
     nonregulated electric utility declines to implement any 
     standard established by this section, such authority or 
     nonregulated electric utility shall state in writing the 
     reasons therefor. Such statement of reasons shall be 
     available to the public, and the Administrator shall include 
     the project in an annual report to Congress concerning lost 
     opportunities for waste-heat recovery, specifically 
     identifying the utility and stating the amount of lost energy 
     and emissions savings calculated. If a State regulatory 
     authority (with respect to each electric utility for which it 
     has ratemaking authority) or nonregulated electric utility 
     declines to implement the standard established by this 
     section, the project sponsor may submit a new petition under 
     this section with respect to such project at any time after 
     24 months after the date on which the State regulatory 
     authority or nonregulated utility has declined to implement 
     such standard.

     ``SEC. 376. CLEAN ENERGY APPLICATION CENTERS.

       ``(a) Purpose.--The purpose of this section is to rename 
     and provide for the continued operation of the United States 
     Department of Energy's Regional Combined Heat and Power (CHP) 
     Application Centers.
       ``(b) Findings.--The Congress finds the Department of 
     Energy's Regional Combined Heat and Power (CHP) Application 
     Centers program has produced significant energy savings and 
     climate change benefits and will continue to do so through 
     the deployment of clean energy technologies such as Combined 
     Heat and Power (CHP), recycled waste energy and biomass 
     energy systems, in the industrial and commercial energy 
     markets.
       ``(c) Renaming.--The Combined Heat and Power Application 
     Centers at the Department of Energy are hereby be 
     redesignated as Clean Energy Application Centers. Any 
     reference in any law, rule or regulation or publication to 
     the Combined Heat and Power Application Centers shall be 
     treated as a reference to the Clean Energy Application 
     Centers.
       ``(d) Relocation.--In order to better coordinate efforts 
     with the separate Industrial Assessment Centers and to assure 
     that the energy efficiency and, when applicable, the 
     renewable nature of deploying mature clean energy technology 
     is fully accounted for, the Secretary of Energy shall 
     relocate the administration of the Clean Energy Application 
     Centers to the Office of Energy Efficiency and Renewable 
     Energy within the Department of Energy. The Office of 
     Electricity Delivery and Energy Reliability shall continue to 
     perform work on the role of such technology in support of the 
     grid and its reliability and security, and shall assist the 
     Clean Energy Application Centers in their work with regard to 
     the grid and with electric utilities.
       ``(e) Grants.--
       ``(1) In general.--The Secretary of Energy shall make 
     grants to universities, research centers, and other 
     appropriate institutions to assure the continued operations 
     and effectiveness of 8 Regional Clean Energy Application 
     Centers in each of the following regions (as designated for 
     such purposes as of the date of the enactment of this 
     section):
       ``(A) Gulf Coast.
       ``(B) Intermountain.
       ``(C) Mid-Atlantic.
       ``(D) Midwest.
       ``(E) Northeast.
       ``(F) Northwest.
       ``(G) Pacific.
       ``(H) Southeast.
       ``(2) Establishment of goals and compliance.--In making 
     grants under this section, the Secretary shall ensure that 
     sufficient goals are established and met by each Center 
     throughout the program duration concerning outreach and 
     technology deployment.
       ``(f) Activities.--Each Clean Energy Application Center 
     shall operate a program to encourage deployment of clean 
     energy technologies through education and outreach to 
     building and industrial professionals, and to other 
     individuals and organizations with an interest in efficient 
     energy use. In addition, the Centers shall provide project 
     specific support to building and industrial professionals 
     through assessments and advisory activities. Funds made 
     available under this section may be used for the following 
     activities:
       ``(1) Developing and distributing informational materials 
     on clean energy technologies, including continuation of the 
     eight existing Web sites.
       ``(2) Developing and conducting target market workshops, 
     seminars, internet programs and other activities to educate 
     end users, regulators, and stakeholders in a manner that 
     leads to the deployment of clean energy technologies.
       ``(3) Providing or coordinating onsite assessments for 
     sites and enterprises that may consider deployment of clean 
     energy technology.
       ``(4) Performing market research to identify high profile 
     candidates for clean energy deployment.
       ``(5) Providing consulting support to sites considering 
     deployment of clean energy technologies.
       ``(6) Assisting organizations developing clean energy 
     technologies to overcome barriers to deployment.
       ``(7) Assisting companies and organizations with 
     performance evaluations of any clean energy technology 
     implemented.
       ``(g) Duration.--A grant awarded under this section shall 
     be for a period of 5 years. each grant shall be evaluated 
     annually for its continuation based on its activities and 
     results.
       ``(h) Authorization.--There is authorized to be 
     appropriated for purposes of this section the sum of 
     $10,000,000 for each of fiscal years 2008, 2009, 2010, 2011, 
     and 2012.''.
       (b) Table of Contents.--The table of contents for such Act 
     is amended by inserting the following after the items 
     relating to part D of title III:

                 ``Part E--Industrial Energy Efficiency

``Sec. 371. Survey of waste industrial energy recovery and potential 
              use.
``Sec. 372. Definitions.
``Sec. 373. Survey and registry.
``Sec. 374. Waste Energy Recovery Incentive Grant Program.
``Sec. 375. Additional incentives for recovery, utilization and 
              prevention of industrial waste energy.
``Sec. 376. Clean Energy Application Centers.''.

            PART 6--ENERGY EFFICIENCY OF PUBLIC INSTITUTIONS

     SEC. 9071. SHORT TITLE.

       This part may be cited as the ``Sustainable Energy 
     Institutional Infrastructure Act of 2007''.

     SEC. 9072. FINDINGS.

       The Congress finds the following:
       (1) Many institutional entities own and operate, or are 
     served by, district energy systems.
       (2) A variety of renewable energy resources could be tapped 
     by governmental and institutional energy systems to meet 
     energy requirements.
       (3) Use of these renewable energy resources to meet energy 
     requirements will reduce reliance on fossil fuels and the 
     associated emissions of air pollution and carbon dioxide.
       (4) CHP is a highly efficient and environmentally 
     beneficial means to generate electric energy and heat, and 
     offers total efficiency much greater than conventional 
     separate systems, where electric energy is generated at and 
     transmitted long distances from a centrally located 
     generation facility, and onsite heating and cooling equipment 
     is used to meet nonelectric energy requirements.
       (5) Heat recovered in a CHP generation system can be used 
     for space heating, domestic hot water, or process steam 
     requirements, or can be converted to cooling energy to meet 
     air conditioning requirements.
       (6) The increased efficiency of CHP results in reduction in 
     emissions of air pollution and carbon dioxide.
       (7) District energy systems represent a key opportunity for 
     expanding implementation of CHP because district energy 
     systems provide a means of delivering thermal energy from CHP 
     to a substantial base of end users.
       (8) District energy systems help cut peak power demand and 
     reduce power transmission and distribution system constraints 
     by meeting air conditioning demand through delivery of 
     chilled water produced with CHP-generated heat or other 
     energy sources, shifting power demand through thermal 
     storage, and, with CHP, generating power near load centers.

[[Page H9825]]

       (9) Evaluation and implementation of sustainable energy 
     infrastructure is a complex undertaking involving a variety 
     of technical, economic, legal, and institutional issues and 
     barriers, and technical assistance is often required to 
     successfully navigate these barriers.
       (10) The major constraint to significant expansion of 
     sustainable energy infrastructure by institutional entities 
     is a lack of capital funding for implementation.

     SEC. 9073. DEFINITIONS.

       For purposes of this part--
       (1) the term ``CHP'' means combined heat and power, or the 
     generation of electric energy and heat in a single, 
     integrated system;
       (2) the term ``district energy systems'' means systems 
     providing thermal energy to buildings and other energy 
     consumers from one or more plants to individual buildings to 
     provide space heating, air conditioning, domestic hot water, 
     industrial process energy, and other end uses;
       (3) the term ``institutional entities'' means local 
     governments, public school districts, municipal utilities, 
     State governments, Federal agencies, and other entities 
     established by local, State, or Federal agencies to meet 
     public purposes, and public or private colleges, 
     universities, airports, and hospitals;
       (4) the term ``renewable thermal energy sources'' means 
     non-fossil-fuel energy sources, including biomass, 
     geothermal, solar, natural sources of cooling such as cold 
     lake or ocean water, and other sources that can provide 
     heating or cooling energy;
       (5) the term ``sustainable energy infrastructure'' means 
     facilities for production of energy from CHP or renewable 
     thermal energy sources and distribution of thermal energy to 
     users; and
       (6) the term ``thermal energy'' means heating or cooling 
     energy in the form of hot water or steam (heating energy) or 
     chilled water (cooling energy).

     SEC. 9074. TECHNICAL ASSISTANCE PROGRAM.

       (a) Establishment.--The Secretary of Energy shall, with 
     funds appropriated for this purpose, implement a program of 
     information dissemination and technical assistance to 
     institutional entities to assist them in identifying, 
     evaluating, designing, and implementing sustainable energy 
     infrastructure.
       (b) Information Dissemination.--The Secretary shall develop 
     and disseminate information and assessment tools addressing--
       (1) identification of opportunities for sustainable energy 
     infrastructure;
       (2) technical and economic characteristics of sustainable 
     energy infrastructure;
       (3) utility interconnection, and negotiation of power and 
     fuel contracts;
       (4) financing alternatives;
       (5) permitting and siting issues;
       (6) case studies of successful sustainable energy 
     infrastructure systems; and
       (7) computer software for assessment, design, and operation 
     and maintenance of sustainable energy infrastructure systems.
       (c) Eligible Costs.--Upon application by an institutional 
     entity, the Secretary may make grants to such applicant to 
     fund--
       (1) 75 percent of the cost of feasibility studies to assess 
     the potential for implementation or improvement of 
     sustainable energy infrastructure;
       (2) 60 percent of the cost of guidance on overcoming 
     barriers to project implementation, including financial, 
     contracting, siting, and permitting barriers; and
       (3) 45 percent of the cost of detailed engineering and 
     design of sustainable energy infrastructure.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $15,000,000 for 
     fiscal year 2008, $15,000,000 for fiscal year 2009, and 
     $15,000,000 for fiscal year 2010.

     SEC. 9075. REVOLVING FUND.

       (a) Establishment.--The Secretary of Energy shall, with 
     funds appropriated for this purpose, create a Sustainable 
     Institutions Revolving Fund for the purpose of establishing 
     and operating a Sustainable Institutions Revolving Fund (in 
     this section referred to as the ``SIRF'') for the purpose of 
     providing loans for the construction or improvement of 
     sustainable energy infrastructure to serve institutional 
     entities.
       (b) Eligible Costs.--A loan provided from the SIRF shall be 
     for no more than 70 percent of the total capital costs of a 
     project, and shall not exceed $15,000,000. Such loans shall 
     be for constructing sustainable energy infrastructure, 
     including--
       (1) plant facilities used for producing thermal energy, 
     electricity, or both;
       (2) facilities for storing thermal energy;
       (3) facilities for distribution of thermal energy; and
       (4) costs for converting buildings to use thermal energy 
     from sustainable energy sources.
       (c) Qualifications.--Loans from the SIRF may be made to 
     institutional entities for projects meeting the 
     qualifications and conditions established by the Secretary, 
     including the following minimum qualifications:
       (1) The project shall be technically and economically 
     feasible as determined by a detailed feasibility analysis 
     performed or corroborated by an independent consultant.
       (2) The borrower shall demonstrate that adequate and 
     comparable financing was not found to be reasonably available 
     from other sources, and that the project is economically more 
     feasible with the availability of the SIRF loan.
       (3) The borrower shall obtain commitments for the remaining 
     capital required to implement the project, contingent on 
     approval of the SIRF loan.
       (4) The borrower shall provide to the Secretary reasonable 
     assurance that all laborers and mechanics employed by 
     contractors or subcontractors in the performance of 
     construction work financed in whole or in part with a loan 
     provided under this section will be paid wages at rates not 
     less than those prevailing on similar work in the locality as 
     determined by the Secretary of Labor in accordance with 
     subchapter IV of chapter 31 of title 40, United States Code 
     (commonly referred to as the Davis-Bacon Act).
       (d) Financing Terms.--(1) Interest on a loan under this 
     section may be a fixed rate or floating rate, and shall be 
     equal to the Federal cost of funds consistent with the loan 
     type and term, minus 1.5 percent.
       (2) Interest shall accrue from the date of the loan, but 
     the first payment of interest shall be deferred, if desired 
     by the borrower, for a period ending not later than 3 years 
     after the initial date of operation of the system.
       (3) Interest attributable to the period of deferred payment 
     shall be amortized over the remainder of the loan term.
       (4) Principal shall be repaid on a schedule established at 
     the time the loan is made. Such payments shall begin not 
     later than 3 years after the initial date of operation of the 
     system.
       (5) Loans made from the SIRF shall be repayable over a 
     period ending not more than 20 years after the date the loan 
     is made.
       (6) Loans shall be prepayable at any time without penalty.
       (7) SIRF loans shall be subordinate to other loans for the 
     project.
       (e) Funding Cycles.--Applications for loans from the SIRF 
     shall be received on a periodic basis at least semiannually.
       (f) Application of Repayments for Deficit Reduction.--Loans 
     from the SIRF shall be made, with funds available for this 
     purpose, during the 10 years starting from the date that the 
     first loan from the fund is made. Until this 10-year period 
     ends, funds repaid by borrowers shall be deposited in the 
     SIRF to be made available for additional loans. Once loans 
     from the SIRF are no longer being made, repayments shall go 
     directly into the United States Treasury.
       (g) Priorities.--In evaluating projects for funding, 
     priority shall be given to projects which--
       (1) maximize energy efficiency;
       (2) minimize environmental impacts, including from 
     regulated air pollutants, greenhouse gas emissions, and the 
     use of refrigerants known to cause ozone depletion;
       (3) use renewable energy resources;
       (4) maximize oil displacement; and
       (5) benefit economically-depressed areas.
       (h) Regulations.--Not later than one year after the date of 
     enactment of this Act, the Secretary of Energy shall develop 
     a plan and adopt rules and procedures for establishing and 
     operating the SIRF.
       (i) Program Review.--Every two years the Secretary shall 
     report to the Congress on the status and progress of the 
     SIRF.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $250,000,000 for 
     fiscal year 2008 and $500,000,000 for each of the fiscal 
     years 2009 through 2012.

     SEC. 9076. REAUTHORIZATION OF STATE ENERGY PROGRAMS.

       Section 365(f) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6325(f)) is amended by striking ``$100,000,000 for 
     each of the fiscal years 2006 and 2007 and $125,000,000 for 
     fiscal year 2008'' and inserting ``$125,000,000 for each of 
     the fiscal years 2007, 2008, 2009, 2010, 2011, and 2012''.

             PART 7--ENERGY SAVINGS PERFORMANCE CONTRACTING

     SEC. 9081. 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 onsite but in excess of Federal 
     needs, to utilities or non-Federal energy users; and
       ``(D) the increased efficient use of existing water sources 
     in interior or exterior applications.''.

     SEC. 9082. FINANCING FLEXIBILITY.

       Section 801(a)(2) of the National Energy Conservation 
     Policy Act (42 U.S.C. 8287(a)(2)) is amended by adding at the 
     end the following:
       ``(E) Separate Contracts.--In carrying out a contract under 
     this title, a Federal agency may--
       ``(i) enter into a separate contract for energy services 
     and conservation measures under the contract; and
       ``(ii) provide all or part of the financing necessary to 
     carry out the contract.''.

     SEC. 9083. AUTHORITY TO ENTER INTO CONTRACTS; REPORTS.

       (a) Authority to Enter Into Contracts.--Section 
     801(a)(2)(D) of the National Energy

[[Page H9826]]

     Conservation Policy Act (42 U.S.C. 8287(a)(2)(D)) is 
     amended--
       (1) in clause (ii), by inserting ``and'' after the 
     semicolon at the end;
       (2) by striking clause (iii); and
       (3) by redesignating clause (iv) as clause (iii).
       (b) Reports.--Section 548(a)(2) of the National Energy 
     Conservation Policy Act (42 U.S.C. 8258(a)(2)) is amended by 
     inserting ``and any termination penalty exposure'' after 
     ``the energy and cost savings that have resulted from such 
     contracts''.
       (c) Conforming Amendment.--Section 2913 of title 10, United 
     States Code is amended by striking subsection (e).

     SEC. 9084. PERMANENT REAUTHORIZATION.

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

     SEC. 9085. TRAINING FEDERAL CONTRACTING OFFICERS TO NEGOTIATE 
                   ENERGY EFFICIENCY CONTRACTS.

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

     SEC. 9086. PROMOTING LONG-TERM ENERGY SAVINGS PERFORMANCE 
                   CONTRACTS AND VERIFYING SAVINGS.

       Section 801(a)(2) of the National Energy Conservation 
     Policy Act (42 U.S.C. 8287(a)(2)) is amended--
       (1) in subparagraph (D), by inserting ``beginning on the 
     date of the delivery order'' after ``25 years''; and
       (2) by adding at the end the following:
       ``(F) Promotion of Contracts.--In carrying out this 
     section, a Federal agency shall not--
       ``(i) establish a Federal agency policy that limits the 
     maximum contract term under subparagraph (D) to a period 
     shorter than 25 years; or
       ``(ii) limit the total amount of obligations under energy 
     savings performance contracts or other private financing of 
     energy savings measures.
       ``(G) Measurement and Verification Requirements for Private 
     Financing.--
       ``(i) In general.--The evaluations and savings measurement 
     and verification required under paragraphs (1) and (3) of 
     section 543(f) shall be used by a Federal agency to meet the 
     requirements for--
       ``(I) in the case of energy savings performance contracts, 
     the need for energy audits, calculation of energy savings, 
     and any other evaluation of costs and savings needed to 
     implement the guarantee of savings under this section; and
       ``(II) in the case of utility energy service contracts, 
     needs that are similar to the purposes described in subclause 
     (I).
       ``(ii) Modification of existing contracts.--Not later than 
     180 days after the date of enactment of this subparagraph, 
     each Federal agency shall, to the maximum extent practicable, 
     modify any indefinite delivery and indefinite quantity energy 
     savings performance contracts, and other indefinite delivery 
     and indefinite quantity contracts using private financing, to 
     conform to the amendments made by subtitle G of title I of 
     the Energy Efficiency Improvement Act of 2007.''.

       PART 8--ADVISORY COMMITTEE ON ENERGY EFFICIENCY FINANCING

     SEC. 9089. ADVISORY COMMITTEE.

       (a) Establishment.--The Assistant Secretary of Energy for 
     Energy Efficiency and Renewable Energy shall establish an 
     advisory committee to provide advice and recommendations to 
     the Department of Energy on energy efficiency finance and 
     investment issues, options, ideas, and trends, and to assist 
     the energy community in identifying practical ways of 
     lowering costs and increasing investments in energy 
     efficiency technologies.
       (b) Membership.--The advisory committee established under 
     this section shall have a balanced membership that shall 
     include members representing the following communities:
       (1) Providers of seed capital.
       (2) Venture capitalists.
       (3) Private equity sources.
       (4) Investment banking corporate finance.
       (5) Investment banking mergers and acquisitions.
       (6) Equity capital markets.
       (7) Debt capital markets.
       (8) Research analysts.
       (9) Sales and trading.
       (10) Commercial lenders.
       (11) Residential lenders.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to the 
     Secretary of Energy for carrying out this section.

             PART 9--ENERGY EFFICIENCY BLOCK GRANT PROGRAM

     SEC. 9091. DEFINITIONS.

       For purposes of this part--
       (1) the term ``eligible entity'' means a State or an 
     eligible unit of local government within a State;
       (2) the term ``eligible unit of local government'' means--
       (A) a city with a population of at least 50,000; and
       (B) a county with a population of at least 200,000;
       (3) the term ``Secretary'' means the Secretary of Energy; 
     and
       (4) the term ``State'' means one of the 50 States, the 
     District of Columbia, the Commonwealth of Puerto Rico, Guam, 
     American Samoa, the United States Virgin Islands, the 
     Commonwealth of the Northern Mariana Islands, and any other 
     commonwealth, territory, or possession of the United States.

     SEC. 9092. ESTABLISHMENT OF PROGRAM.

       The Secretary shall establish an Energy Efficiency Block 
     Grant Program to make block grants to eligible entities as 
     provided in this part.

     SEC. 9093. ALLOCATIONS.

       (a) In General.--Of the funds appropriated for making 
     grants under this part for each fiscal year, the Secretary 
     shall allocate 70 percent to be provided to eligible units of 
     local government as provided in subsection (b) and 30 percent 
     to be provided to States as provided in subsection (c).
       (b) Eligible Units of Local Government.--The Secretary 
     shall provide grants to eligible units of local government 
     according to a formula giving equal weight to--
       (1) population, according to the most recent available 
     Census data; and
       (2) daytime population, or another similar factor such as 
     square footage of commercial, office, and industrial space, 
     as determined by the Secretary.
       (c) States.--The Secretary shall provide grants to States 
     according to a formula based on population, according to the 
     most recent available Census data.
       (d) Publication of Allocation Formulas.--Not later than 90 
     days before the beginning of any fiscal year in which grants 
     are to made under this part, the Secretary shall publish in 
     the Federal Register the formulas for allocation described in 
     subsection (b)(1) and (b)(2).

     SEC. 9094. ELIGIBLE ACTIVITIES.

       Funds provided through a grant under this part may be used 
     for the following activities:
       (1) Development and implementation of an Energy Efficiency 
     Strategy under section 9095.
       (2) Retaining technical consultant services to assist an 
     eligible entity in the development of such Strategy, 
     including--
       (A) formulation of energy efficiency, energy conservation, 
     and energy usage goals;
       (B) identification of strategies to meet such goals through 
     efforts to increase energy efficiency and reduce energy 
     consumption;
       (C) identification of strategies to encourage behavioral 
     changes among the populace that will help achieve such goals;
       (D) development of methods to measure progress in achieving 
     such goals;
       (E) development and preparation of annual reports to the 
     citizenry of the eligible entity's energy efficiency 
     strategies and goals, and progress in achieving them; and
       (F) other services to assist in the implementation of the 
     Energy Efficiency Strategy.
       (3) Conducting energy audits.
       (4) Development and implementation of weatherization 
     programs.
       (5) Creation of financial incentive programs for energy 
     efficiency retrofits, including zero-interest or low-interest 
     revolving loan funds.
       (6) Grants to nonprofit organizations and governmental 
     agencies for energy retrofits.

[[Page H9827]]

       (7) Development and implementation of energy efficiency 
     programs and technologies for buildings and facilities of 
     nonprofit organizations and governmental agencies.
       (8) Development and implementation of building and home 
     energy conservation programs, including--
       (A) design and operation of the programs;
       (B) identifying the most effective methods for achieving 
     maximum participation and efficiency rates;
       (C) public education;
       (D) measurement protocols; and
       (E) identification of energy efficient technologies.
       (9) Development and implementation of energy conservation 
     programs, including--
       (A) use of flex time by employers;
       (B) satellite work centers; and
       (C) other measures that have the effect of increasing 
     energy efficiency and decreasing energy consumption.
       (10) Development and implementation of building codes and 
     inspection services for public, commercial, industrial, and 
     single and multifamily residential buildings to promote 
     energy efficiency.
       (11) Application and implementation of alternative energy 
     and energy distribution technologies that significantly 
     increase energy efficiency and promote distributed resources 
     and district heating and cooling systems.
       (12) Development and promotion of zoning guidelines or 
     requirements that result in increased energy efficiency, 
     efficient development, active living land use planning, and 
     infrastructure such as bike lanes and pathways, and 
     pedestrian walkways.
       (13) Promotion of greater participation and efficiency 
     rates for material conservation programs, including source 
     reduction, recycling, and recycled content procurement 
     programs that lead to increases in energy efficiency.
       (14) Establishment of a State, county, or city office to 
     assist in the development and implementation of the Energy 
     Efficiency Strategy.

     SEC. 9095. REQUIREMENTS.

       (a) Requirements for Eligible Units of Local Government.--
       (1) Proposed strategy.--Not later than 1 year after being 
     awarded a grant under this part, an eligible unit of local 
     government shall submit to the Secretary a proposed Energy 
     Efficiency Strategy which establishes goals for increased 
     energy efficiency in the jurisdiction of the eligible units 
     of local government. The Strategy shall include plans for the 
     use of funds received under the grant to assist the eligible 
     unit of local government in the achievement of such goals, 
     consistent with section 9094. In developing such a Strategy, 
     an eligible unit of local government shall take into account 
     any plans for the use of funds by adjoining eligible units of 
     local governments funded under this part.
       (2) Approval.--The Secretary shall approve or disapprove a 
     proposed Strategy submitted under paragraph (1) not later 
     than 90 days after receiving it. If the Secretary disapproves 
     a proposed Strategy, the Secretary shall provide to the 
     eligible unit of local government the reasons for such 
     disapproval. The eligible unit of local government may revise 
     and resubmit the Strategy, as many times as required, until 
     approval is granted.
       (3) Funding for preparation of strategy.--
       (A) In general.--Until the Secretary has approved a 
     proposed Energy Efficiency Strategy under paragraph (2), the 
     Secretary shall only disburse to an eligible unit of local 
     government $200,000 or 20 percent of the grant, whichever is 
     greater, which may be used only for preparation of the 
     Strategy.
       (B) Remainder of funds.--The remainder of an eligible unit 
     of local government's grant funds awarded but not disbursed 
     under subparagraph (A) shall remain available and shall be 
     disbursed by the Secretary upon approval of the Strategy.
       (4) Limitations on use of funds.--Of the amounts provided 
     through a grant under this part, an eligible unit of local 
     government may use--
       (A) not more than 10 percent, or $75,000, whichever is 
     greater, for administrative expenses, not including expenses 
     needed to meet reporting requirements under this part;
       (B) not more than 20 percent, or $250,000, whichever is 
     greater, for the establishment of revolving loan funds; and
       (C) not more than 20 percent, or $250,000, whichever is 
     greater, for subgranting to nongovernmental organizations for 
     the purpose of assisting in the implementation of the Energy 
     Efficiency Strategy.
       (5) Annual report.--Not later than 2 years after receipt of 
     the first disbursement of funds from a grant awarded under 
     this part, and annually thereafter, an eligible unit of local 
     government shall submit a report to the Secretary on the 
     status of the Strategy's development and implementation, and, 
     where practicable, a best available assessment of energy 
     efficiency gains within the jurisdiction of the eligible unit 
     of local government.
       (b) Requirements for States.--
       (1) Allocation of grant funds.--A State receiving a grant 
     under this part shall use at least 70 percent of the funds 
     received to provide subgrants to units of local government in 
     the State that are not eligible units of local government. 
     The State shall make such subgrant awards not later than 6 
     months after approval of the State's Strategy under paragraph 
     (3).
       (2) Proposed strategy.--Not later than 120 days the date of 
     enactment of this Act, each State shall submit to the 
     Secretary a proposed Energy Efficiency Strategy which 
     establishes a process for making subgrants described in 
     paragraph (1), and establishes goals for increased energy 
     efficiency in the jurisdiction of the State. The Strategy 
     shall include plans for the use of funds received under a 
     grant under this part to assist the State in the achievement 
     of such goals, consistent with section 9094.
       (3) Approval.--The Secretary shall approve or disapprove a 
     proposed Strategy submitted under paragraph (2) not later 
     than 90 days after receiving it. If the Secretary disapproves 
     a proposed Strategy, the Secretary shall provide to the State 
     the reasons for such disapproval. The State may revise and 
     resubmit the Strategy, as many times as required, until 
     approval is granted.
       (4) Funding for preparation of strategy.--
       (A) In general.--Until the Secretary has approved a 
     proposed Energy Efficiency Strategy under paragraph (2), the 
     Secretary shall only disburse to a State $200,000 or 20 
     percent of the grant, whichever is greater, which may be used 
     only for preparation of the Strategy.
       (B) Remainder of funds.--The remainder of a State's grant 
     funds awarded but not disbursed under subparagraph (A) shall 
     remain available and shall be disbursed by the Secretary upon 
     approval of the Strategy.
       (5) Limitations on use of funds.--Of the amounts provided 
     through a grant under this part, a State may use not more 
     than 10 percent for administrative expenses.
       (6) Annual reports.--A State shall annually report to the 
     Secretary on the development and implementation of its 
     Strategy. Each such report shall include--
       (A) a status report on the State's subgrant program 
     described in paragraph (1);
       (B) a best available assessment of energy efficiency gains 
     achieved through the State's Strategy; and
       (C) specific energy efficiency and energy conservation 
     goals for future years.
       (c) State and Local Advisory Committee.--
       (1) State and local advisory committee.--The Secretary 
     shall establish a State and Local Advisory Committee to 
     provide advice regarding the administration, direction, and 
     evaluation of the program under this part.

     SEC. 9096. REVIEW AND EVALUATION.

       The Secretary may review and evaluate the performance of 
     grant recipients, including by performing audits, and may 
     deny funding to such grant recipients for failure to properly 
     adhere to--
       (1) the Secretary's guidelines and regulations relating to 
     the program under this part, including the misuse or 
     misappropriation of funds; or
       (2) the grant recipient's Strategy.

     SEC. 9097. TECHNICAL ASSISTANCE AND EDUCATION PROGRAM.

       (a) Establishment.--The Secretary shall establish and carry 
     out a technical assistance and education program to provide--
       (1) technical assistance to State and local governments;
       (2) public education programs;
       (3) demonstration of innovative energy efficiency systems 
     and practices; and
       (4) identification of effective measurement methodologies 
     and methods for changing or influencing public participation 
     in, and awareness of, energy efficiency programs.
       (b) Eligible Recipients.--Eligible recipients of assistance 
     under this section shall include State and local governments, 
     State and local government associations, public and private 
     nonprofit organizations, and colleges and universities.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary for carrying out this 
     section $150,000,000 for each of the fiscal years 2008 
     through 2012.

     SEC. 9098. AUTHORIZATION OF APPROPRIATIONS.

       (a) Grants.--There are authorized to be appropriated to the 
     Secretary for grants under this part, $2,000,000,000 for each 
     of fiscal years 2008 through 2012.
       (b) Administration.--There are authorized to be 
     appropriated to the Secretary for administrative expenses of 
     the program established under this part--
       (1) $20,000,000 for fiscal year 2008;
       (2) $20,000,000 for fiscal year 2009;
       (3) $25,000,000 for fiscal year 2010;
       (4) $25,000,000 for fiscal year 2011; and
       (5) $30,000,000 for fiscal year 2012.

                  Subtitle B--Smart Grid Facilitation

     SEC. 9101. SHORT TITLE.

       This subtitle may be cited as the ``Smart Grid Facilitation 
     Act of 2007''.

                           PART 1--SMART GRID

     SEC. 9111. STATEMENT OF POLICY ON MODERNIZATION OF 
                   ELECTRICITY GRID.

       (a) Smart Grid Characteristics.--It is the policy of the 
     United States to support the modernization of the Nation's 
     electricity transmission and distribution system to 
     incorporate digital information and controls technology and 
     to share real-time pricing information with electricity 
     customers to achieve each of the following, which together 
     characterize a smart grid:
       (1) Increased reliability, security and efficiency of the 
     electric grid.
       (2) Dynamic optimization of grid operations and resources, 
     with full cyber-security.
       (3) Deployment and integration of distributed resources and 
     generation.

[[Page H9828]]

       (4) Development and incorporation of demand response 
     demand-side resources, and energy efficiency resources.
       (5) Deployment of ``smart'' technologies for metering, 
     communications concerning grid operations and status, and 
     distribution automation.
       (6) Integration of ``smart'' appliances and consumer 
     devices.
       (7) Deployment and integration of renewable energy 
     resources, both to the grid and on the customer side of the 
     electric meter.
       (8) Deployment and integration of advanced electricity 
     storage and peak-sharing technologies, including plug-in 
     electric and hybrid electric vehicles, and thermal-storage 
     air conditioning.
       (9) Provision to consumers of new information and control 
     options.
       (10) Continual environmental improvement in electricity 
     production and distribution.
       (11) Enhanced capacity and efficiency of electricity 
     networks, reduction of line losses, and maintenance of power 
     quality.
       (b) Support.--The Secretary of Energy and the Federal 
     Energy Regulatory Commission and other Federal agencies as 
     appropriate shall undertake programs to support the 
     development and demonstration of Smart Grid technologies and 
     standards to maximize the achievement of these goals.
       (c) Barriers.--It is further the policy of the United 
     States that no State, State agency, or local government or 
     instrumentality thereof should prohibit, or erect 
     unreasonable barriers to, the deployment of smart grid 
     technologies on an electric utility's distribution 
     facilities, or unreasonably limit the services that may be 
     provided using such technologies.
       (d) Information.--It is further the policy of the United 
     States that electricity purchasers are entitled to receive 
     information about the varying value of electricity at 
     different times and places, and that States shall not 
     prohibit nor erect unreasonable barriers to the provision of 
     such information flows to end users.

     SEC. 9112. GRID MODERNIZATION COMMISSION.

       (a) Establishment and Mission.--
       (1) Establishment.--The President shall establish a Grid 
     Modernization Commission composed of 9 members. Three members 
     of the Commission shall be appointed by the President, and 
     one each shall be appointed by the Speaker and Minority 
     Leader of the United States House of Representatives and by 
     the Majority Leader and Minority Leader of the United States 
     Senate. Two members shall be appointed by the President from 
     among persons recommended by an association representing 
     State utility regulatory commissioners. The President shall 
     designate one Commissioner to serve as Chairperson.
       (2) Mission.--The mission of the Grid Modernization 
     Commission shall be to facilitate the adoption of Smart Grid 
     standards, technologies, and practices across the Nation's 
     electricity grid to the point of general adoption and ongoing 
     market support in the United States electric sector. The 
     Commission shall be responsible for monitoring developments, 
     encouraging progress toward common standards and protocols, 
     identifying barriers and proposing solutions, coordinating 
     with all Federal departments and agencies, and coordinating 
     approaches on smart grid implementation with States and local 
     governmental authorities.
       (b) Membership.--The members appointed to the Commission 
     shall, collectively, have qualifications in electric utility 
     operations and infrastructure, digital information and 
     control technologies, security, market development, finance 
     and utility regulation, energy efficiency, demand response, 
     renewable energy, and consumer protection.
       (c) Authorities to Intervene.--The Commission shall have 
     the authority to intervene and represent itself before the 
     Federal Energy Regulatory Commission and other Federal and 
     State agencies as it deems necessary to accomplish its 
     mission.
       (d) Terms of Office.--The term of office of each 
     Commissioner shall be 5 years, and any member may be 
     reappointed for not more than one additional term of 5 years.
       (e) Termination.--Unless extended by Act of Congress, the 
     Commission shall complete its work and cease its activities 
     by January 1, 2020, or on such earlier date that the 
     Commission determines that the proliferation, evolution, and 
     adaptation of Smart Grid technologies no longer require 
     Federal leadership and assistance.
       (f) Compensation of Members.--Each member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level III of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Commission. All members of the Commission who are 
     officers or employees of the United States shall serve 
     without compensation in addition to that received for their 
     services as officers or employees of the United States.
       (g) Travel Expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (h) Meetings.--The Commission shall meet at the call of the 
     Chairman. Commission meetings shall be open to the public, 
     but as many as three Commissioners may meet in private 
     without constituting a meeting requiring public access.
       (i) Applicability of Federal Advisory Committee Act.--The 
     Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) 
     shall not apply to the Commission.
       (j) Offices and Staff.--The Secretary of Energy shall 
     provide the Commission with offices in the Department of 
     Energy and shall make available to the Commission the 
     expertise and staff resources of both the Office of 
     Electricity Delivery and Energy Reliability and the Office of 
     Energy Efficiency and Renewable Energy.
       (k) Detail of Government Employees.--Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (l) Executive Director.--The Secretary of Energy shall 
     appoint an officer of the Senior Executive Service to serve 
     as Executive Director to the Commission.
       (m) Procurement of Temporary and Intermittent Services.--
     The Chairman of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.
       (n) Information From Federal Agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out this part. Upon request of the Chairman of the 
     Commission, the head of such department or agency shall 
     furnish such information to the Commission. The Commission 
     shall maintain the same level of confidentiality for such 
     information made available under this subsection as is 
     required of the head of the department or agency from which 
     the information was obtained.
       (o) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.

     SEC. 9113. GRID ASSESSMENT AND REPORT.

       (a) In General.--The Grid Modernization Commission shall 
     undertake, and update on a biannual basis, an assessment of 
     the progress toward modernizing the electric system from 
     generation to ultimate electricity consumption, including 
     implementation of ``smart grid'' technologies. The Commission 
     shall prepare this assessment with input from stakeholders 
     including but not limited to electric utilities, other 
     Federal offices, States, companies involved in developing 
     related technologies, the National Electric Reliability 
     Organization recognized by the Federal Energy Regulatory 
     Commission, electricity customers, and persons with special 
     related expertise. The assessment shall include each of the 
     following:
       (1) An updated inventory of existing smart grid systems.
       (2) A description of the condition of existing grid 
     infrastructure and procedures for determining the need for 
     new infrastructure;
       (3) A description of any plans of States, utilities, or 
     others to introduce smart grid systems and technologies.
       (4) An assessment of constraints to deployment of smart 
     grid technology and most important opportunities for doing 
     so, including the readiness or lack thereof of enabling 
     technologies.
       (5) An assessment of remaining potential benefits resulting 
     from introduction of smart grid systems, including benefits 
     related to demand-side efficiencies, improved reliability, 
     improved security, reduced prices, and improved integration 
     of renewable resources.
       (6) Recommendations for legislative or regulatory changes 
     to remove barriers to and create incentives for smart grid 
     system implementation and to meet the policy goals of this 
     title.
       (7) An estimate of the potential costs required for 
     modernization of the electricity grid, with specificity 
     relative to geographic areas and components of the grid, 
     together with an assessment of whether the necessary funds 
     would be available to meet such costs, and the sources of 
     such funds.
       (8) An assessment of ancillary benefits to other economic 
     sectors or activities beyond the electricity sector, such as 
     potential broadband service over power lines.
       (9) An assessment of technologies, activities or 
     opportunities in energy end use devices, customer premises, 
     buildings, and power generation and storage devices that 
     could accelerate or expand the impact and effectiveness of 
     smart grid advances.
       (10) An assessment of potential risks to personal privacy, 
     corporate confidentiality, and grid security from the spread 
     of smart grid technologies, and if so what additional 
     measures and policies are needed to assure privacy and 
     information protection for electric customers and grid 
     partners, and cyber-security protection for extended grid 
     systems.
       (11) An assessment of the readiness of market forces to 
     drive further implementation and evolution of ``smart grid'' 
     technologies in the absence of government leadership.
       (12) Recommendations to the Secretary of Energy and other 
     Federal officers on actions they should take to assist.

[[Page H9829]]

     The Commission may request electric utilities to provide 
     information relating to deployment and planned deployment of 
     smart grid systems and technologies. At the request of the 
     utility, the Commission shall maintain the confidentiality of 
     utility-specific or specific security-related information. 
     The Commission shall provide opportunities for input and 
     comment by interested persons, including representatives of 
     electricity consumers, Smart Grid technology service 
     providers, the electric utility industry, and State and local 
     government.
       (b) State and Regional Assessment and Report.--States or 
     groups of States are encouraged to participate in the 
     development of State or region-specific components of the 
     assessment and report under subsection (a). Such State-
     specific components may address the assessment and reporting 
     criteria above but also may include but not be limited to any 
     of the following:
       (1) Assessment of types of security threats to electricity 
     delivery.
       (2) Energy assurance and response plans to address security 
     threats.
       (3) Plans for introduction of smart grid systems and 
     technologies over 3, 5, and 10 year planning horizons.
     The Commission may make grants to States that begin 
     development of a State or Regional Plan within 180 days after 
     the enactment of this Act to offset up to one-half of the 
     costs required to develop such plans.
       (c) Smart Grid Report.--Based on its completed initial 
     assessment under subsection (a), the Commission shall submit 
     a report to Congress and the President not later than 2 years 
     after the date of enactment of this Act and subsequent 
     reports every 2 years thereafter. Each report shall include 
     recommendations to the President and to the Congress on 
     actions necessary to modernize the electricity grid. The 
     Commission shall annually update and revise its report and as 
     well as conduct ongoing monitoring and evaluation activities.
       (d) Consultation and Public Input.--The Commission shall 
     consult with the Secretary of Energy and the Federal Energy 
     Regulatory Commission on technical issues associated with 
     advanced electricity grid technologies. The Commission shall 
     to the extent feasible provide for broad and frequent input 
     from stakeholders and the general public.
       (e) Interoperability Protocols and Model Standards for 
     Information Management.--
       (1) In general.--The Grid Modernization Commission shall 
     work with the National Institute of Standards and Technology, 
     as well as with Smart Grid stakeholders, to develop protocols 
     and model standards for information management to achieve 
     interoperability of smart grid devices and systems. Such 
     protocols and model standards shall be flexible, uniform, and 
     technology-neutral, including but not limited to technologies 
     for communication of Smart Grid information. Such protocols 
     and standards shall further align policy, business, and 
     technology approaches in a manner that--
       (A) enables all electric resources, including demand-side 
     resources, storage devices, renewable generation resources, 
     other distributed generation resources, to be interconnected 
     to and function compatibly with the grid, on an automated 
     basis to the extent appropriate;
       (B) enables electricity-consuming equipment to communicate 
     with and contribute to an efficient, reliable electricity 
     network, on an automated basis to the extent appropriate;
       (C) enhances two-way communication between Smart-Grid 
     enabled devices connected to the electric power grid;
       (D) supports the ability of Smart-Grid enabled devices to 
     exchange information, regardless of the operating system, 
     programming languages, or media of communication utilized by 
     such devices;
       (E) enables the operators of utilities and regional system 
     operators of the grid to automatically detect anomalies and 
     respond to isolate areas affected in order to maintain 
     reliability; and
       (F) enables State regulators and individual utility 
     managers to develop rate structures and regulations 
     incorporating Smart Grid capabilities for the benefit of 
     consumers and the electricity system, accommodating increased 
     demand response and distributed generation.
       (2) Meetings and working group for development of 
     interoperability protocols and model standards.--Within 60 
     days after the enactment of this section, the Director of the 
     National Institute of Standards and Technology shall convene 
     meetings of experts and stakeholders to discuss and achieve 
     such standards, for the purpose of forming an ongoing 
     voluntary working group. Upon the creation of the Grid 
     Modernization Commission, the Commission shall assume the 
     role of convening further such meetings and collaborating 
     with such a working group to continue progress towards such 
     standards, with continued technical support from the Director 
     of the National Institute of Standards and Technology. The 
     Gridwise Architecture Council, the International Electrical 
     and Electronics Engineers, the National Electric Reliability 
     Organization recognized by the Federal Energy Regulatory 
     Commission, and National Electrical Manufacturer's 
     Association shall be among stakeholders invited to such 
     meetings, together with other groups of manufacturers of 
     equipment that could usefully be Smart-Grid capable, groups 
     of customers, State and Federal regulators, electric utility 
     groups, communications and computer experts, and other 
     Federal offices and agencies that have roles related to 
     security, communications, computerization, and reliability of 
     the electricity system.
       (3) Reporting and adoption of protocols and model 
     standards.--
       (A) Reporting requirements.--The Director of the National 
     Institute of Standards and Technology and the Grid 
     Modernization Commission, after it is created, shall report 
     annually to Congress on the progress of creating such 
     protocols and model standards.
       (B) Adoption.--The Commission shall review such protocols 
     and standards as are recommended by the working group and, 
     upon finding that they meet the goals stated in paragraph 
     (1), shall publish such finding, and shall encourage 
     utilities, regulators, and other stakeholders to adopt to 
     such standards.
       (C) Publication.--Except to the extent they may allow or 
     create threats to grid reliability and security, such 
     standards and protocols shall be made publicly available for 
     general use by manufacturers, utilities, regulators, and 
     others.
       (D) Goal.--The intent of Congress is that such protocols 
     and model standards will be initially developed, reviewed, 
     and approved for general adoption, subject to further 
     improvements, within 3 years of the enactment of this 
     section.
       (f) Authorization.--There are authorized to be appropriated 
     for the purposes of this section--
       (1) $5,000,000 to the National Institute of Standards and 
     Technology for each of fiscal years 2009 through 2012, and 
     such sums as may thereafter be necessary to support the 
     purposes of this section; and
       (2) $20,000,000 to the Secretary of Energy to support the 
     operations of the Grid Modernization Commission for each of 
     fiscal years 2009 through 2020.

     SEC. 9114. FEDERAL MATCHING FUND FOR SMART GRID INVESTMENT 
                   COSTS.

        (a) Matching Fund.--The Secretary of Energy shall 
     establish a Smart Grid Investment Matching Grant Program to 
     provide reimbursement of one-fourth of qualifying Smart Grid 
     investments.
       (b) Qualifying Investments.--Qualifying Smart Grid 
     investments may include any of the following made on or after 
     the date of enactment of this Act:
       (1) In the case of appliances covered for purposes of 
     establishing energy conservation standards under part B of 
     title III of the Energy Policy and Conservation Act of 1975 
     (42 U.S.C. 6291 and following), the documented expenditures 
     incurred by a manufacturer of such appliances associated with 
     purchasing or designing, creating the ability to manufacture, 
     and manufacturing and installing for one calendar year, 
     internal devices that allow the appliance to engage in Smart 
     Grid functions.
       (2) In the case of specialized electricity-using equipment, 
     including motors and drivers, installed in industrial or 
     commercial applications, the documented expenditures incurred 
     by its owner or its manufacturer of installing devices or 
     modifying that equipment to engage in Smart Grid functions.
       (3) In the case of transmission and distribution equipment 
     fitted with monitoring and communications devices to enable 
     smart grid functions, the documented expenditures incurred by 
     the electric utility to purchase and install such monitoring 
     and communications devices.
       (4) In the case of metering devices, sensors, control 
     devices, and other devices integrated with and attached to an 
     electric utility system that are capable of engaging in Smart 
     Grid functions, the documented expenditures incurred by the 
     electric utility and its customers to purchase and install 
     such devices.
       (5) In the case of software that enables devices or 
     computers to engage in Smart Grid functions, the documented 
     purchase costs of the software.
       (6) In the case of entities that operate or coordinate 
     operations of regional electric grids, the documented 
     expenditures for purchasing and installing such equipment 
     that allows Smart Grid functions to operate and be combined 
     or coordinated among multiple electric utilities and between 
     that region and other regions.
       (7) In the case of persons or entities other than electric 
     utilities owning and operating a distributed electricity 
     generator, the documented expenditures of enabling that 
     generator to be monitored, controlled, or otherwise 
     integrated into grid operations and electricity flows on the 
     grid utilizing Smart Grid functions.
       (8) In the case of electric or hybrid-electric vehicles, 
     the documented expenses for devices that allow the vehicle to 
     engage in Smart Grid functions.
       (9) The documented expenditures related to purchasing and 
     implementing Smart Grid functions in such other cases as the 
     Secretary of Energy shall identify. In making such grants, 
     the Secretary shall seek to reward innovation and early 
     adaptation, even if success is not complete, rather than 
     deployment of proven and commercially viable technologies.
       (c) Investments Not Included.--Qualifying Smart Grid 
     investments do not include any of the following:
       (1) Expenditures for electricity generation, transmission, 
     or distribution infrastructure or equipment not directly 
     related to enabling Smart Grid functions.
       (2) After the effective date of a standard under paragraph 
     (21) of section 111(d) of the Public Utility Regulatory 
     Policies Act of 1978 (relating to Smart Grid information), an

[[Page H9830]]

     investment that is not in compliance with such standard.
       (3) After the development and publication by the Commission 
     of protocols and model standards for interoperability of 
     smart grid devices and technologies, an investment that fails 
     to incorporate any of such protocols or model standards.
       (4) Expenditures for physical interconnection of generators 
     or other devices to the grid except those that are directly 
     related to enabling Smart Grid functions.
       (5) Expenditures for ongoing salaries, benefits, or 
     personnel costs not incurred in the initial installation, 
     training, or start up of smart grid functions.
       (6) Expenditures for travel, lodging, meals or other 
     personal costs.
       (7) Ongoing or routine operation, billing, customer 
     relations, security, and maintenance expenditures.
       (8) Such other expenditures that the Secretary of Energy 
     determines not to be Qualifying Smart Grid Investments by 
     reason of the lack of the ability to perform smart grid 
     functions or lack of direct relationship to smart grid 
     functions.
       (d) Smart Grid Functions.--The term ``smart grid 
     functions'' means any of the following:
       (1) The ability to develop, store, send and receive digital 
     information concerning electricity use, costs, prices, time 
     of use, nature of use, storage, or other information relevant 
     to device, grid, or utility operations, to or from or by 
     means of the electric utility system, through one or a 
     combination of devices and technologies.
       (2) The ability to develop, store, send and receive digital 
     information concerning electricity use, costs, prices, time 
     or use, nature of use, storage, or other information relevant 
     to device, grid, or utility operations to or from a computer 
     or other control device.
       (3) The ability to measure or monitor electricity use as a 
     function of time of day, power quality characteristics such 
     as voltage level, current, cycles per second, or source or 
     type of generation and to store, synthesize or report that 
     information by digital means.
       (4) The ability to sense and localize disruptions or 
     changes in power flows on the grid and communicate such 
     information instantaneously and automatically for purposes of 
     enabling automatic protective responses to sustain 
     reliability and security of grid operations.
       (5) The ability to detect, prevent, communicate with regard 
     to, respond to, or recover from system security threats, 
     including cyber-security threats and terrorism, using digital 
     information, media, and devices.
       (6) The ability of any appliance or machine to respond to 
     such signals, measurements, or communications automatically 
     or in a manner programmed by its owner or operator without 
     independent human intervention.
       (7) The ability to use digital information to operate 
     functionalities on the electric utility grid that were 
     previously electro-mechanical or manual.
       (8) The ability to use digital controls to manage and 
     modify electricity demand, enable congestion management, 
     assist in voltage control, provide operating reserves, and 
     provide frequency regulation.
       (9) Such other functions as the Secretary of Energy may 
     identify as being necessary or useful to the operation of a 
     Smart Grid.
       (e) Office.--The Secretary of Energy shall--
       (1) establish an Office to administer the Smart Grid 
     Investment Grant Program, assuring that expert resources from 
     the Commission on Grid Modernization, the Office of Energy 
     Distribution and Electricity Reliability, and the Office of 
     Energy Efficiency and Renewable Energy are fully available to 
     advise on its administration and actions;
       (2) appoint a Senior Executive Service officer to direct 
     the Office, together with such personnel as are required to 
     administer the Smart Grid Investment Grant program;
       (3) establish and publish in the Federal Register, within 
     180 days after the enactment of this Act procedures by which 
     applicants who have made qualifying Smart Grid investments 
     can seek and obtain reimbursement of one-fourth of their 
     documented expenditures;
       (4) establish procedures to assure that there is no 
     duplication or multiple reimbursement for the same investment 
     or costs, that the reimbursement goes to the party making the 
     actual expenditures for Qualifying Smart Grid Investments, 
     and that the grants made have significant effect in 
     encouraging and facilitating the development of a smart 
     grid.;
       (5) maintain public records of reimbursements made, 
     recipients, and qualifying Smart Grid investments which have 
     received reimbursements;
       (6) establish procedures to provide, in cases deemed by the 
     Secretary to be warranted, advance payment of moneys up to 
     the full amount of the projected eventual reimbursement, to 
     creditworthy applicants whose ability to make Qualifying 
     Smart Grid Investments may be hindered by lack of initial 
     capital, in lieu of any later reimbursement for which that 
     applicant qualifies, and subject to full return of the 
     advance payment in the event that the Qualifying Smart Grid 
     investment is not made;
       (7) establish procedures to provide, in the event 
     appropriated moneys in any year are insufficient to provide 
     reimbursements for qualifying Smart Grid investments, that 
     such reimbursement would be made in the next fiscal year or 
     whenever funds are again sufficient, with the condition that 
     the insufficiency of funds to reimburse Qualifying Smart Grid 
     Investments from moneys appropriated for that purpose does 
     not create a Federal obligation to that applicant; and
       (8) have and exercise the discretion to deny grants for 
     investments that do not qualify in the reasonable judgement 
     of the Secretary.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Energy the sums of--
       (1) $10,000,000 for each of fiscal years 2008 through 2012 
     to provide for administration of the Smart Grid Investment 
     Matching Fund; and
       (2) $250,000,000 for fiscal year 2008 and $500,000,000 for 
     each of fiscal years 2009 through 2012 to provide 
     reimbursements of one-fourth of Qualifying Smart Grid 
     Investments.

     SEC. 9115. SMART GRID TECHNOLOGY DEPLOYMENT.

       (a) Power Grid Digital Information Technology.--The 
     Secretary of Energy shall conduct programs to--
       (1) deploy advanced techniques for measuring peak load 
     reductions and energy efficiency savings on customer premises 
     from smart metering, demand response, distributed generation 
     and electricity storage systems;
       (2) implement means for demand response, distributed 
     generation, and storage to provide ancillary services;
       (3) advance the use of wide-area measurement networks 
     including data mining, visualization, advanced computing, and 
     secure and dependable communications in a highly distributed 
     environment; and
       (4) implement reliability technologies in a grid control 
     room environment against a representative set of local outage 
     and wide area blackout scenarios.
       (b) Smart Grid Regional Demonstration Program.--
       (1) Establishment of program.--The Secretary of Energy 
     shall establish a program of demonstration projects 
     specifically focused on advanced technologies for power grid 
     sensing, communications, analysis, and power flow control, 
     including the integration of demand-side resources into grid 
     management. The goals of this program shall be to--
       (A) demonstrate the potential benefits of concentrated 
     investments in advanced grid technologies on a regional grid;
       (B) facilitate the commercial transition from the current 
     power transmission and distribution system technologies to 
     advanced technologies; and
       (C) facilitate the integration of advanced technologies in 
     existing electric networks to improve system performance, 
     power flow control and reliability.
       (2) Demonstration projects.--The Secretary shall establish 
     Smart Grid demonstration projects for not more than 5 
     electric utility systems of various types and sizes under 
     this subsection. Such demonstration projects shall be 
     undertaken in cooperation with the electric utility. Under 
     such demonstration projects, financial assistance shall be 
     available to cover not more than one-half of the qualifying 
     Smart Grid technology investments made by the electric 
     utility. Any project receiving financial assistance under 
     this section shall not be eligible to receive financial 
     assistance (including loan guarantees) under any other 
     Federal program.
       (c) Authorization.--
       (1) Power grid digital information technology programs.--
     There are authorized to be appropriated to carry out 
     subsection (a) such sums as are necessary for each of the 
     fiscal years 2008 through 2012.
       (2) Smart grid regional demonstration program.--There is 
     authorized to be appropriated to carry out subsection (b) 
     $20,000,000 for each of the fiscal years 2008 through 2012.

     SEC. 9116. SMART GRID INFORMATION REQUIREMENTS.

       (a) Findings.--Congress finds that Smart Grid technologies 
     will require, for their optimum use by electricity consumers, 
     that such consumers have access to information on prices, 
     use, and other factors in possession of their utilities or 
     electricity suppliers, in order to assist the customers in 
     optimizing their electricity use and limiting the associated 
     environmental impacts.
       (b) Development of Rules.--The Commission on Grid 
     Modernization shall within one year of its initial meeting 
     develop and declare a standard for the collection, 
     presentation and delivery of information to electricity 
     purchasers as required by the standard under section 
     111(d)(21) of the Public Utility Regulatory Policies Act of 
     1978. Such standard shall provide purchasers with different 
     access options for such information. Such standard shall be 
     developed with input from the Secretary of Energy, the 
     Federal Energy Regulatory Commission, the Administrator of 
     the Environmental Protection Agency, States, and stakeholders 
     representing, but not limited to, electric utilities, energy 
     efficiency and demand response experts, environmental 
     organizations and consumer organizations.
       (c) Application of Smart Grid Information Standard to 
     Federal Entities and Wholesale Markets.--Within 60 days of 
     the declaration of the standard under subsection (b), the 
     Federal Energy Regulatory Commission shall propose a rule 
     under which all public utilities, with respect to federally 
     jurisdictional sales for resale of electricity in interstate 
     commerce, and all approved regional transmission 
     organizations subject to

[[Page H9831]]

     its jurisdiction, will implement those elements of the Smart 
     Grid information standard developed pursuant to this section 
     that the Commission determines to be relevant and to add 
     value for purchasers of wholesale power or those utilizing 
     interstate transmission. The Tennessee Valley Authority, 
     Bonneville Power Administration, and Federal power 
     administrations shall, within 90 days of the adoption of a 
     final rule by the Commission, adopt it for their own sales or 
     transmission of electricity.

     SEC. 9117. STATE CONSIDERATION OF INCENTIVES FOR SMART GRID.

       (a) Consideration of Additional Standards.--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:
       ``(16) Utility investment in smart grid investments.--Each 
     electric utility shall prior to undertaking investments in 
     non-advanced grid technologies demonstrate that alternative 
     investments in advanced grid technologies have been 
     considered, including from a standpoint of cost-
     effectiveness, where such cost-effectiveness considers costs 
     and benefits on a life-cycle basis.
       ``(17) Utility cost of smart grid investments.--Each 
     electric utility shall be permitted to--
       ``(A) recover from ratepayers the capital and operating 
     expenditures and other costs of the utility for qualified 
     smart grid system, including a reasonable rate of return on 
     the capital expenditures of the utility for a qualified smart 
     grid system, and
       ``(B) recover in a timely manner the remaining book-value 
     costs of equipment rendered obsolete by the deployment of a 
     qualified smart grid system, based on the remaining 
     depreciable life of the obsolete equipment.
       ``(18) 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.
       ``(19) Smart grid information.--
       ``(A) Standard.--All electricity purchasers shall be 
     provided direct access, both in written and electronic 
     machine-readable form, to information from their electricity 
     provider as provided in subparagraph (B).
       ``(B) Information.--Information provided under this section 
     shall conform to the standardized rules issued by the 
     Commission on Grid Modernization under section 9116(b) of the 
     Smart Grid Facilitation Act of 2007 and shall include:
       ``(i) Prices.--Purchasers and other interested persons 
     shall be provided with information on:

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

       ``(ii) Usage.--Purchasers shall be provided with the number 
     of electricity units, expressed in kwh, purchased by them
       ``(iii) Intervals and projections.--Updates of information 
     on prices and usage shall be offered on not less than a daily 
     basis, shall include hourly price and use information, where 
     available, and shall include a day-ahead projection of such 
     price information to the extent available.
       ``(iv) Sources.--Purchasers and other interested person 
     shall be provided with written information on the sources of 
     the power provided by the utility, to the extent it can be 
     determined, by type of generation, including greenhouse gas 
     emissions and criteria pollutants associated each type of 
     generation, for intervals during which such information is 
     available on a cost-effective basis, but not less than 
     monthly.
       ``(C) Access.--Purchasers shall be able to access their own 
     information at any time through the internet and on other 
     means of communication elected by that utility for Smart Grid 
     applications. Other interested persons shall be able to 
     access information not specific to any purchaser through the 
     Internet. Information specific to any purchaser shall be 
     provided solely to that purchaser.''.
       (b) Reconsideration of Certain Standards.--Section 112 of 
     the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 
     2622) is amended by adding the following at the end thereof:
       ``(g) Reconsideration of Prior Time-of-Day and 
     Communication Standards.--Not later than 1 year after the 
     enactment of this subsection, each State regulatory authority 
     (with respect to each electric utility for which it has 
     ratemaking authority) and each nonregulated utility shall 
     commence a reconsideration under section 111, or set a 
     hearing date for reconsideration, with respect to the 
     standards established by paragraphs (3) and (14) of section 
     111(d) to take into account Smart Grid technologies. Not 
     later than 2 years after the date of the enactment of this 
     subsection, each State regulatory authority (with respect to 
     each electric utility for which it has ratemaking authority), 
     and each nonregulated electric utility, shall complete the 
     reconsideration, and shall make the determination, referred 
     to in section 111 with respect to the standards established 
     by paragraphs (3) and (14) of section 111(d).''.
       (c) Compliance.--
       (1) Time limitations.--Section 112(b) of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is 
     amended by adding the following at the end thereof:
       ``(6)(A) Not later than 1 year after the enactment of this 
     paragraph, but not less than 3 years after the conclusion of 
     any prior review of such standards, each State regulatory 
     authority (with respect to each electric utility for which it 
     has ratemaking authority) and each nonregulated utility shall 
     commence the consideration referred to in section 111, or set 
     a hearing date for consideration, with respect to the 
     standards established by paragraphs (16) through (18) of 
     section 111(d). Not later than 6 months after the 
     promulgation of rules by the Commission on Grid Modernization 
     under section 9116(b) of the Smart Grid Facilitation Act of 
     2007, each State regulatory authority (with respect to each 
     electric utility for which it has ratemaking authority) and 
     each nonregulated utility shall commence the consideration 
     referred to in section 111, or set a hearing date for 
     consideration, with respect to the standard established by 
     paragraph (19) of section 111(d).
       ``(B) Not later than 2 years after the date of the 
     enactment of the this paragraph, but not less than 4 years 
     after the conclusion of any prior review of such standard, 
     each State regulatory authority (with respect to each 
     electric utility for which it has ratemaking authority), and 
     each nonregulated electric utility, shall complete the 
     consideration, and shall make the determination, referred to 
     in section 111 with respect to each standard established by 
     paragraphs (16) through (18) of section 111(d). Not later 
     than 18 months after the promulgation of rules by the 
     Commission on Grid Modernization under section 9116(b) of the 
     Smart Grid Facilitation Act of 2007 each State regulatory 
     authority (with respect to each electric utility for which it 
     has ratemaking authority), and each nonregulated electric 
     utility, shall complete the consideration, and shall make the 
     determination, referred to in section 111 with respect to 
     each standard established by paragraph (19) of section 
     111(d).''.
       (2) Failure to comply.--Section 112(c) of such Act is 
     amended by adding the following at the end: ``In the case of 
     the standards established by paragraphs (16) through (19) of 
     section 111(d), the reference contained in this subsection to 
     the date of enactment of this Act shall be deemed to be a 
     reference to the date of enactment of such paragraphs.''.
       (3) Prior state actions.--Section 112(d) of such Act is 
     amended by inserting ``and paragraphs (16) through (18)'' 
     before ``of section 111(d)''.

     SEC. 9118. DOE STUDY OF SECURITY ATTRIBUTES OF SMART GRID 
                   SYSTEMS.

       (a) DOE Study.--The Secretary of Energy shall, within 6 
     months after the Grid Modernization Commission completes its 
     first biennial assessment and report under section 9113 of 
     this Act, submit a report to Congress that provides a 
     quantitative assessment and determination of the existing and 
     potential impacts of the deployment of Smart Grid systems on 
     improving the security of the Nation's electricity 
     infrastructure and operating capability. The report shall 
     include but not be limited to specific recommendations on 
     each of the following:
       (1) How smart grid systems can help in making the Nation's 
     electricity system less vulnerable to disruptions due to 
     intentional acts against the system.
       (2) How smart grid systems can help in restoring the 
     integrity of the Nation's electricity system subsequent to 
     disruptions.
       (3) How smart grid systems can facilitate emergency 
     communications and control of the Nation's electricity system 
     during times of localized or nationwide emergency.
       (b) Consultation.--The Secretary shall consult with other 
     Federal agencies in the development of the report under this 
     section, including but not limited to the Secretary of 
     Homeland Security, the Federal Energy Regulatory Commission 
     and the Electric Reliability Organization certified by the 
     Commission under section 215(c) of the Federal Power Act (16 
     U.S.C. 824 o) as added by section 1211 of the Energy Policy 
     Act of 2005 (Public Law 109-58; 119 Stat. 941)
       (c) Funding.--The Secretary shall fund demonstration 
     projects for the purpose of demonstrating the findings of the 
     report under this section. Not more than $10,000,000 are 
     authorized to be appropriated for such projects.

                        PART 2--DEMAND RESPONSE

     SEC. 9121. ELECTRICITY SECTOR DEMAND RESPONSE.

       (a) Amendment of NECPA.--Title V of the National Energy 
     Conservation Policy Act (42 U.S.C. 8201 and following) is 
     amended by adding the following new part at the end thereof:

[[Page H9832]]

                    ``PART 5--PEAK DEMAND REDUCTION

     ``SEC. 571. DEFINITIONS.

       ``(a) Secretary.--As used in this part, the term 
     `Secretary' means the Secretary of Energy.
       ``(b) Federal Agency.--As used in this part, the term 
     `Federal agency' has the same meaning as provided by section 
     551 of this Act.

     ``SEC. 572. FEDERAL ELECTRICITY PEAK DEMAND REDUCTION 
                   STANDARD.

       ``(a) 2008 Agency Annual Energy Plan.--Each Federal agency 
     shall prepare, and include in its annual report under section 
     548(a) of this Act, each of the following:
       ``(1) A determination of the agency's aggregate electricity 
     demand during the system peak hours for the utilities 
     providing electricity service to its facilities during 2006 
     and 2007.
       ``(2) A forecast for each year through 2018 of the 
     projected growth in such peak demand in light of projected 
     growth of facilities, staff, activities, electric intensity 
     of activities, and other relevant factors.
       ``(b) Federal Electricity Peak Demand Reduction Standard.--
       ``(1) In general.--Except as provided in paragraph (2), for 
     calendar year 2009 and each calendar year thereafter, each 
     Federal agency shall reduce its aggregate peak electricity 
     demand or make such amounts of electricity demand available 
     in the form of demand response, by the percentage amount 
     specified in the Federal Electricity Peak Demand Reduction 
     Standard set forth in the following table:


          ``Federal Electricity Peak Demand Reduction Standard
------------------------------------------------------------------------
                                             Reduction of Peak Demand
             Calendar Year                          Forecast
------------------------------------------------------------------------
2009...................................   2 percent of the peak demand
                                          forecast for calendar year
                                          2009
2010...................................   4 percent of the peak demand
                                          forecast for calendar year
                                          2010
2011...................................   6 percent of the peak demand
                                          forecast for calendar year
                                          2011
2012...................................   8 percent of the peak demand
                                          forecast for calendar year
                                          2012
2013...................................   10 percent of the peak demand
                                          forecast for calendar year
                                          2013
2014...................................   12 percent of the peak demand
                                          forecast for calendar year
                                          2014
2015...................................  14 percent of the peak demand
                                          forecast for calendar year
                                          2015
2016...................................  16 percent of the peak demand
                                          forecast for calendar year
                                          2016
2017...................................  18 percent of the peak demand
                                          forecast for calendar year
                                          2017
2018 and each calendar year thereafter.  20 percent of the peak demand
                                          forecast for the applicable
                                          calendar year
------------------------------------------------------------------------

     In the table above, the term `forecast' refers to the 
     forecast set forth in the 2008 report under section 548(a) of 
     this Act as updated in accordance with subsection in 
     (c)(1)(C).
       ``(2) Exception.--The standard under this subsection shall 
     not apply to any activity of a Federal agency relating to 
     defense or national security if compliance with the standard 
     would have an adverse mission impact on the activity, as 
     determined by the Secretary of Defense or the Secretary of 
     Homeland Security.
       ``(c) Implementation of Standard.--
       ``(1) In general.--Not later than January 1, 2010, and each 
     calendar year thereafter, each Federal agency shall include 
     in the annual energy plan of the Federal agency each of the 
     following:
       ``(A) An assessment of whether the Federal agency was in 
     compliance with the standard under subsection (b) for the 
     preceding year.
       ``(B) A description of--
       ``(i) the method by which the Federal agency proposes to 
     comply with the standard for the following calendar year; and
       ``(ii) the factors relied on by the head of the Federal 
     agency in determining whether to participate in demand 
     response programs offered by an electric utility or others 
     during the preceding calendar year; and
       ``(iii) if the Federal agency did not participate in a 
     demand response program offered by each utility providing 
     electric service to facilities of the agency during the 
     preceding calendar year, an explanation for the decision by 
     the head of the Federal agency to not participate.
       ``(C) An update of the agency's prior forecast for the 
     remaining years in the period until 2018.
       ``(2) Availability to public.--Not later than January 1, 
     2010, and each calendar year thereafter, the head of each 
     Federal agency shall make available to the public a 
     description of each provision included in the annual energy 
     plan of the Federal agency described in subparagraphs (A) 
     through (C) of paragraph (1).
       ``(d) Modifications to Federal Energy Management Program.--
     The Secretary shall make any modification to the Federal 
     Energy Management Program of the Department of Energy that 
     the Secretary determines to be necessary to--
       ``(1) incorporate the standard established under subsection 
     (b) into the Federal Energy Management Program;
       ``(2) assist any Federal agency to comply with the standard 
     established under subsection (b) through any appropriate 
     means, including conducting 1 or more demonstration projects 
     at Federal facilities.
       ``(e) Annual Report.--Not later than March 1, 2010, and 
     annually thereafter, the Secretary shall submit to Congress a 
     report that evaluates the success of agencies in meeting the 
     standard established under subsection (b) and the success of 
     the Federal Energy Management Program in assisting agencies 
     with meeting the standard, and the costs and benefits of such 
     participation.

     ``SEC. 573. NATIONAL ACTION PLAN FOR DEMAND RESPONSE.

       ``(a) National Assessment and Report.--The Grid 
     Modernization Commission established under subtitle A of 
     title I of the Smart Grid Facilitation Act of 2007 shall 
     conduct a National Assessment of Demand Response. The 
     Commission shall, within 18 months of the date on which the 
     full Commission first meets, submit a Report to Congress that 
     includes each of the following:
       ``(1) Estimation of nationwide demand response potential in 
     5 and 10 year horizons, including data on a State-by-State 
     basis, and a methodology for updates of such estimates on an 
     annual basis.
       ``(2) Estimation of how much of this potential can be 
     achieved within 5 and 10 years after the enactment of this 
     Act accompanied by specific policy recommendations that if 
     implemented can achieve the estimated potential. Such 
     recommendations shall include options for funding and/or 
     incentives for the development of demand response resources. 
     The Commission shall seek to take advantage of preexisting 
     research and ongoing work, and shall assume that there is no 
     duplication of effort. The Commission shall further note any 
     barriers to demand response programs that are flexible, non-
     discriminatory, and fairly compensatory for the services and 
     benefits made available and shall provide recommendations for 
     overcoming such barriers.
       ``(b) National Action Plan on Demand Response.--The Grid 
     Modernization Commission shall further develop and implement 
     a National Action Plan on Demand Response. Such Plan shall be 
     completed within one year after the completion of the 
     National Assessment of Demand Response, and shall meet each 
     of the following objectives:
       ``(1) Provision of adequate technical assistance to States 
     to allow them to maximize the amount of demand response 
     resources that can be developed and deployed.
       ``(2) Implementation of a national communications program 
     that includes broad-based customer education and support.
       ``(3) Development and dissemination of tools, information 
     and other support mechanisms for use by customers, states, 
     utilities and demand response providers.
       ``(c) Authorization.--There are authorized to be 
     appropriated to carry out this section not more than 
     $10,000,000 for each of the fiscal years 2008 and 2009 and 
     $20,000,000 for each of the fiscal years 2010 through 2020.

     ``SEC. 574. REPORT ON ENVIRONMENTAL ATTRIBUTES AND IMPACTS OF 
                   DEMAND RESPONSE AND SMART GRID SYSTEMS.

       ``(a) Report.--The Administrator of the Environmental 
     Protection Agency shall solicit public input and, within 6 
     months after completion of the National Assessment of Demand 
     Response required by section 573, submit a report to Congress 
     that addresses each of the following:
       ``(1) A quantitative assessment and determination of the 
     existing and potential impacts of demand response and `smart 
     grid' systems on air emissions and air quality, including but 
     not limited to carbon dioxide, oxides of nitrogen and oxides 
     of sulfur.
       ``(2) An assessment and determination of the existing and 
     potential impacts of demand response and `smart grid' systems 
     on environmental parameters other than emissions and air 
     quality, including but not limited to:
       ``(A) Land use.
       ``(B) Water use.
       ``(C) Use of renewable energy.
       ``(D) Effect on energy sources other than electricity.
       ``(3) A detailed plan for how Energy Efficiency and Clean 
     Energy programs administered by the Agency, including the 
     Energy Star Program, will incorporate and encourage end-use 
     efficiency, demand response and `smart grid' systems and 
     technologies, including but not limited to each of the 
     following:
       ``(A) Requirements that appliances and other equipment are 
     capable of manually and automatically receiving and acting 
     upon pricing and control information and or instructions 
     provided by the customer, a load serving entity or a third-
     party designated by the customer.
       ``(B) Requirements for time-based valuation of kilowatt 
     hour reductions in planning and evaluation of energy 
     efficiency programs.
       ``(C) Education and communication, including to state 
     energy officials and state regulators, that build awareness 
     of demand response and smart grid systems and technologies 
     and their existing and potential relationship to such Agency 
     programs.
       ``(b) Funding.--There are authorized to be appropriated to 
     carry out this section such sums as may be necessary for 
     fiscal year 2010, to remain available until expended.''.
       (b) Table of Contents.--The table of contents for such Act 
     is amended by adding the

[[Page H9833]]

     following after the items relating to part 4 of title V:

                    ``Part 5--Peak Demand Reduction

``Sec. 571. Definitions.
``Sec. 572. Federal Electricity Peak Demand Reduction Standard.
``Sec. 573. National action plan for demand response.
``Sec. 574. Report on environmental attributes and impacts of demand 
              response and smart grid systems.''.

                      Subtitle C--Loan Guarantees

     SEC. 9201. AMOUNT OF LOANS GUARANTEED.

       Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 
     16512) is amended--
       (1) by amending subsection (c) to read as follows:
       ``(c) Amount.--
       ``(1) Percentage of project cost.--A guarantee by the 
     Secretary shall not exceed an amount equal to 80 percent of 
     the project cost of the facility that is the subject of the 
     guarantee, as estimated at the time at which the guarantee is 
     issued, and shall be no less than the minimum amount 
     determined by the Secretary to be likely to attract 
     nonguaranteed investment adequate to capitalize the project.
       ``(2) Percentage of loan.--Subject to paragraph (1), the 
     Secretary may guarantee up to 100 percent of any loan or 
     other debt obligation of the borrower to fund an eligible 
     project, and may not issue a rule or regulation establishing 
     a lower percentage limit.''; and
       (2) by adding at the end the following new subsection:
       ``(k) Wages.--No loan guarantee shall be made under this 
     title unless the borrower has provided to the Secretary 
     reasonable assurances that all laborers and mechanics 
     employed by contractors or subcontractors in the performance 
     of construction work financed in whole or in part with the 
     loan will be paid wages at rates not less than those 
     prevailing on similar work in the locality as determined by 
     the Secretary of Labor in accordance with subchapter IV of 
     chapter 31 of title 40, United States Code (commonly referred 
     to as the Davis-Bacon Act).''.

     SEC. 9202. EXCLUSION OF CATEGORIES.

       Section 1704 of the Energy Policy Act of 2005 (42 U.S.C. 
     16514) is amended by adding at the end the following new 
     subsection:
       ``(c) Exclusion of Categories.--No appropriation authorized 
     pursuant to this section may exclude any category of eligible 
     project described in section 1703.''.

Subtitle D--Renewable Fuel Infrastructure and International Cooperation

                 PART 1--RENEWABLE FUEL INFRASTRUCTURE

     SEC. 9301. RENEWABLE FUEL INFRASTRUCTURE DEVELOPMENT.

       (a) Definition.--For purposes of this subtitle--
       (1) the term ``renewable fuel'' means E85 biofuel, or B20;
       (2) the term ``biofuel'' means fuel produced entirely from 
     biological material and determined by the Department of 
     Energy and the Environmental Protection Agency to be 
     commercially viable;
       (3) the term ``B20'' means a mixture of biodiesel and 
     diesel fuel meeting the standard established by the American 
     Society for Testing and Materials or under section 211(u) of 
     the Clean Air Act for fuel containing 20 percent biodiesel;
       (4) the term ``E85'' means a fuel blend containing 85 
     percent denatured ethanol and 15 percent gasoline by volume;
       (5) the term ``flexible-fuel vehicle'' means any motor 
     vehicle warranted by the manufacturer of the vehicle as 
     capable of operating on gasoline or diesel fuel and on--
       (A) E85; or
       (B) B20; and
       (6) the term ``motor vehicle'' means, as defined in 
     regulations promulgated by the Administrator of the 
     Environmental Protection Agency that are in effect on the 
     date of enactment of this Act--
       (A) a light-duty truck;
       (B) a light-duty vehicle; or
       (C) medium-duty passenger vehicle,
     that is designed to be propelled by gasoline or diesel fuel.
       (b) Infrastructure Development Grants.--The Secretary of 
     Energy shall establish a program for making grants for 
     providing assistance to retail and wholesale motor fuel 
     dealers or other entities for the installation, replacement, 
     or conversion of motor fuel storage and dispensing 
     infrastructure to be used exclusively to store and dispense 
     renewable fuel. Such infrastructure may include equipment 
     used in the blending, distribution, and transport of such 
     fuels.
       (c) Retail Technical and Marketing Assistance.--The 
     Secretary of Energy shall enter into contracts with entities 
     with demonstrated experience in assisting retail fueling 
     stations in installing refueling systems and marketing 
     renewable fuels nationally, for the provision of technical 
     and marketing assistance to recipients of grants under this 
     section. Such assistance shall include--
       (1) technical advice for compliance with applicable Federal 
     and State environmental requirements;
       (2) help in identifying supply sources and securing long-
     term contracts; and
       (3) provision of public outreach, education, and labeling 
     materials.
       (d) Allocation.--The Secretary of Energy may reserve funds 
     appropriated for carrying out this section to support 
     renewable fuels infrastructure development projects with a 
     cost of greater than $1,000,000, that are of national 
     significance. The Secretary shall reserve funds appropriated 
     for the renewable fuels infrastructure development grant 
     program for technical and marketing assistance described in 
     subsection (c).
       (e) Selection Criteria.--Not later than 12 months after the 
     date of enactment of this Act, the Secretary shall establish 
     criteria for evaluating applications for grants under this 
     section that will maximize the availability and use of 
     renewable fuel, and that will ensure that renewable fuel is 
     available across the country. Such criteria shall provide 
     for--
       (1) consideration of the public demand for each renewable 
     fuel in a particular geographic area based on State 
     registration records showing the number of flexible-fuel 
     vehicles;
       (2) consideration of the opportunity to create or expand 
     corridors of renewable fuel stations along interstate or 
     State highways;
       (3) consideration of the experience of each applicant with 
     previous, similar projects;
       (4) consideration of population, number of flexible-fuel 
     vehicles, number of retail fuel outlets, and saturation of 
     flexible-fuel vehicles; and
       (5) 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 
     renewable fuels; and
       (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 section is 
     completed.
       (f) Combined Applications.--States and local government 
     entities and nonprofit entities may apply for assistance 
     under this section on behalf of a group of retailers within a 
     certain geographic area, or to carry out regional or 
     multistate deployment projects. Any such application shall 
     certify the availability and details of a program to match 
     the Federal grant as required under subsection (g) and list 
     the retail locations that would receive the funds.
       (g) Limitations.--Assistance provided under this section 
     shall not exceed--
       (1) 33 percent of the estimated cost of the installation, 
     replacement, or conversion of motor fuel storage and 
     dispensing infrastructure; or
       (2) $180,000 for a combination of equipment at any one 
     retail outlet location.
       (h) Operation of Renewable Fuel Stations.--The Secretary 
     shall establish rules that set forth requirements for grant 
     recipients under this section that include providing to the 
     public the renewable fuel, establishing a marketing plan that 
     informs consumers of the price and availability of the 
     renewable fuel, clearly labeling the dispensers and related 
     equipment, and providing periodic reports on the status of 
     the renewable fuel sales, the type and amount of the 
     renewable fuel dispensed at each location, and the average 
     price of such fuel.
       (i) Notification Requirements.--Not later than the date on 
     which each renewable fuel station begins to offer renewable 
     fuel to the public, the grant recipient that used grant funds 
     to construct or upgrade such station shall notify the 
     Secretary of Energy of such opening. The Secretary of Energy 
     shall add each new renewable fuel station to the renewable 
     fuel station locator on its Website when it receives 
     notification under this subsection.
       (j) Double Counting.--No person that receives a credit 
     under section 30C of the Internal Revenue Code of 1986 may 
     receive assistance under this section.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Energy for carrying 
     out this section $200,000,000 for each of the fiscal years 
     2008 through 2014.
       (l) Restriction.--No grant shall be provided under this 
     section to a large, vertically integrated oil company.

     SEC. 9302. PROHIBITION ON FRANCHISE AGREEMENT RESTRICTIONS 
                   RELATED TO RENEWABLE FUEL INFRASTRUCTURE.

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

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

       ``(a) Definition.--In this section:
       ``(1) Renewable fuel.--The term `renewable fuel' means any 
     fuel--
       ``(A) at least 85 percent of the volume of which consists 
     of ethanol; or
       ``(B) any mixture of biodiesel and diesel or renewable 
     diesel (as defined in regulations adopted pursuant to section 
     211(o) of the Clean Air Act (40 C.F.R., Part 80)), determined 
     without regard to any use of kerosene and containing at least 
     20 percent biodiesel or renewable diesel.
       ``(2) Franchise-related document.--The term `franchise-
     related document' means--
       ``(A) a franchise under this Act; and
       ``(B) any other contract or directive of a franchisor 
     relating to terms or conditions of the sale of fuel by a 
     franchisee.
       ``(b) Prohibitions.--
       ``(1) In general.--No franchise-related document entered 
     into or renewed on or after the date of enactment of this 
     section shall contain any provision allowing a franchisor to 
     restrict the franchisee or any affiliate of the franchisee 
     from--

[[Page H9834]]

       ``(A) installing on the marketing premises of the 
     franchisee a renewable fuel pump or tank, except that the 
     franchisee's franchisor may restrict the installation of a 
     tank on leased marketing premises of such franchisor;
       ``(B) converting an existing tank or pump on the marketing 
     premises of the franchisee for renewable fuel use, so long as 
     such tank or pump and the piping connecting them are either 
     warranted by the manufacturer or certified by a recognized 
     standards setting organization to be suitable for use with 
     such renewable fuel;
       ``(C) advertising (including through the use of signage) 
     the sale of any renewable fuel;
       ``(D) selling renewable fuel in any specified area on the 
     marketing premises of the franchisee (including any area in 
     which a name or logo of a franchisor or any other entity 
     appears);
       ``(E) purchasing renewable fuel from sources other than the 
     franchisor if the franchisor does not offer its own renewable 
     fuel for sale by the franchisee;
       ``(F) listing renewable fuel availability or prices, 
     including on service station signs, fuel dispensers, or light 
     poles; or
       ``(G) allowing for payment of renewable fuel with a credit 
     card,

     so long as such activities described in subparagraphs (A) 
     through (G) do not constitute mislabeling, misbranding, 
     willful adulteration, or other trademark violations by the 
     franchisee.
       ``(2) Effect of provision.--Nothing in this section shall 
     be construed to preclude a franchisor from requiring the 
     franchisee to obtain reasonable indemnification and insurance 
     policies.
       ``(c) Exception to 3-Grade Requirement.--No franchise-
     related document that requires that 3 grades of gasoline be 
     sold by the applicable franchisee shall prevent the 
     franchisee from selling an renewable fuel in lieu of 1, and 
     only 1, grade of gasoline.''.
       (b) Enforcement.--Section 105 of the Petroleum Marketing 
     Practices Act (15 U.S.C. 2805) is amended by striking ``102 
     or 103'' each place it appears and inserting ``102, 103, or 
     107''.
       (c) Conforming Amendments.--
       (1) In general.--Section 101(13) of the Petroleum Marketing 
     Practices Act (15 U.S.C. 2801(13)) is amended by aligning the 
     margin of subparagraph (C) with subparagraph (B).
       (2) Table of contents.--The table of contents of the 
     Petroleum Marketing Practices Act (15 U.S.C. 2801 note) is 
     amended--
       (A) by inserting after the item relating to section 106 the 
     following:

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

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

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

     SEC. 9303. RENEWABLE FUEL DISPENSER REQUIREMENTS.

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

     SEC. 9304. PIPELINE FEASIBILITY STUDY.

       (a) In General.--The Secretary of Energy, in consultation 
     with 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. 9305. STUDY OF ETHANOL-BLENDED GASOLINE WITH GREATER 
                   LEVELS OF ETHANOL.

       (a) In General.--The Administrator of the Environmental 
     Protection Agency, in cooperation with the Secretary of 
     Energy and the Secretary of Transportation, and after 
     providing notice and an opportunity for public comment, shall 
     conduct a study of the feasibility of widespread utilization 
     in the United States of ethanol blended gasoline with levels 
     of ethanol greater than 10 percent.
       (b) Study.--The study under subsection (a) shall include--
       (1) a review of production and infrastructure constraints 
     on increasing the consumption of ethanol;
       (2) an evaluation of the economic, market, and energy 
     impacts of State and regional differences in ethanol blends;
       (3) an evaluation of the economic, market, and energy 
     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 24 months after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate a report describing the results of the 
     study conducted under this section.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Administrator such sums as may be 
     necessary for the completion of the study required under this 
     section.

     SEC. 9306. STUDY OF THE ADEQUACY OF RAILROAD TRANSPORTATION 
                   OF DOMESTICALLY-PRODUCED RENEWABLE FUEL.

       (a) Study.--
       (1) In general.--The Secretary of Energy, 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;
       (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).

[[Page H9835]]

     SEC. 9307. STANDARD SPECIFICATIONS FOR BIODIESEL.

       Section 211 of the Clean Air Act (42 U.S.C. 7545) is 
     amended by redesignating subsection (s) as subsection (t), 
     redesignating subsection (r) (relating to conversion 
     assistance for cellulosic biomass, waste-derived ethanol, 
     approved renewable fuels) as subsection (s) and by adding the 
     following new subsection at the end thereof:
       ``(u) Standard Specifications for Biodiesel.--Unless the 
     American Society for Testing and Materials has adopted a 
     standard for diesel fuel containing 20 percent biodiesel, not 
     later than 1 year after the date of enactment of this 
     subsection, the Administrator shall initiate a rulemaking 
     establishing a series of uniform per gallon fuel standards 
     for categories of fuels that contain biodiesel, including one 
     standard for fuel containing 20 percent biodiesel, and 
     designate an identification number for fuel meeting each 
     standard in each such category so that vehicle manufacturers 
     are able to design engines to use fuel meeting one or more of 
     such standards. The Administrator shall finalize the 
     standards under this subsection 18 months after the date of 
     the enactment of this subsection.''.

     SEC. 9308. GRANTS FOR CELLULOSIC ETHANOL PRODUCTION.

       Subsection (s) of section 211 of the Clean Air Act (as 
     added by section 1512 of the Energy Policy Act of 2005) (and 
     as redesignated by section 9307 of this Act), relating to 
     conversion assistance for cellulosic biomass, waste-derived 
     ethanol, and approved renewable fuels, is amended as follows:
       (1) By adding the following new subparagraphs at the end of 
     paragraph (3):
       ``(D) $500,000,000 for fiscal year 2009.
       ``(E) $500,000,000 for fiscal year 2010.''.
       (2) By adding the following new paragraph at the end 
     thereof:
       ``(5) Criteria.--In awarding grants under this section, the 
     Secretary shall give priority to applications that promote 
     feedstock diversity and the geographic dispersion of 
     production facilities.''.

     SEC. 9309. CONSUMER EDUCATION CAMPAIGN RELATING TO FLEXIBLE-
                   FUEL VEHICLES.

       The Secretary of Transportation, in consultation with the 
     Secretary of Energy, shall carry out an education program to 
     inform consumers about which motor vehicles are flexible-fuel 
     vehicles and how to exercise their opportunity to choose E85 
     or B20. As part of such program, the Secretary of 
     Transportation may coordinate with motor vehicle 
     manufacturers to notify owners of flexible-fuel vehicles of 
     locations where E85 and B20 are sold in their area.

     SEC. 9310. REVIEW OF NEW RENEWABLE FUELS OR NEW RENEWABLE 
                   FUEL ADDITIVES.

       Notwithstanding any other provision of law, a waiver under 
     section 211(f)(4) of the Clean Air Act for any renewable fuel 
     or renewable fuel additive shall not be considered granted 
     unless the Administrator of the Environment Protection 
     Agency, following a public notice and comment period, takes 
     final action granting the application for a waiver based on 
     an application of the section 211(f)(4) standards and 
     criteria with respect to emissions control devices or systems 
     and vehicle emissions standards to on-road and non-road 
     engines and vehicles. The Administrator shall take final 
     action on an application for a waiver no later than 270 days 
     after the Administrator receives the application.

     SEC. 9311. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.

       Section 712 of the Energy Policy Act of 2005 (42 U.S.C. 
     16062) is amended--
       (1) in subsection (a)--
       (A) by inserting ``, flexible-fuel,'' after ``production of 
     efficient hybrid''; and
       (B) by adding at the end the following: ``Priority shall be 
     given to the refurbishment or retooling of manufacturing 
     facilities that have recently ceased operation or will cease 
     operation in the near future.''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Coordination With State and Local Programs.--The 
     Secretary may coordinate implementation of this section with 
     State and local programs designed to accomplish similar 
     goals, including the retention and retraining of skilled 
     workers from the such manufacturing facilities, including by 
     establishing matching grant arrangements.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary such sums as 
     may be necessary to carry out this section.''.

     SEC. 9312. CELLULOSIC ETHANOL AND BIOFUELS RESEARCH.

       There are authorized to be appropriated to the Secretary of 
     Energy $50,000,000 for fiscal year 2008, to remain available 
     until expended, for cellulosic ethanol and biofuels research 
     and development grants to 10 entities from among 1890 land 
     grant colleges, Historically Black Colleges or Universities, 
     Tribal serving institutions, or Hispanic serving 
     institutions, selected by the Secretary of Energy to receive 
     a grant under this section through a peer-reviewed 
     competitive process. The selected entities shall then 
     collaborate with one of the Department of Energy's Office of 
     Science Bioenergy Research Centers.

     SEC. 9313. FEDERAL FLEET FUELING CENTERS.

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

     SEC. 9314. STUDY OF IMPACT OF INCREASED RENEWABLE FUEL USE.

       (a) In General.--The Secretary of Energy shall, after 
     consultation with the Administrator of the Environmental 
     Protection Agency, the Administrator of the Energy 
     Information Administration, and the Secretary of Agriculture, 
     conduct a study to assess the impact of increased use of 
     renewable fuels on the United States economy. The Secretary 
     shall enter into an arrangement with the National Academy of 
     Sciences to provide peer review of the study.
       (b) Study Elements.--The study shall analyze, in terms of 
     renewable fuels, the following:
       (1) The impact of the use of renewable fuels on the energy 
     security of the United States.
       (2) The impact of the use of renewable fuels on public 
     health and the environment, including air and water quality.
       (3) The impact of renewable fuels on the infrastructure of 
     the United States, including the deliverability of materials, 
     goods, and products other than alternative fuels.
       (4) The impact of the use of renewable fuels on job 
     creation, the price and supply of agricultural commodities, 
     and rural economic development.
       (c) Participation.--In conducting the study under this 
     section, the Secretary and other agencies shall seek the 
     participation, and consider the input, of the following:
       (1) Producers of feed grains.
       (2) Producers of livestock, poultry, and pork products.
       (3) Producers of energy.
       (4) Individuals and entities interested in issues relating 
     to conservation, the environment, and nutrition, and users of 
     renewable fuels.
       (d) Report.--The Secretary shall submit a report to the 
     Congress containing the initial results of the study under 
     this section not later than 2 years after enactment of this 
     Act and subsequently supplement and update such report every 
     3 years thereafter.

     SEC. 9315. 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 are authorized 
     to be appropriated to carry out this section $25,000,000 for 
     each of fiscal years 2008 through 2010.

     SEC. 9316. STUDY OF EFFECT OF OIL PRICES.

       The Secretary of Energy shall conduct a study to review the 
     anticipated effects on renewable fuels production if oil were 
     priced no lower than $40 per barrel. The Secretary shall 
     report the findings of such study to Congress by December 31, 
     2008.

     SEC. 9317. BIODIESEL AS ALTERNATIVE FUEL FOR CAFE PURPOSES.

       Section 32901(a) of title 49, United States Code, is 
     amended--
       (1) in paragraph (1), by redesignating subparagraphs (J) 
     and (K) as subparagraphs (K) and (L), respectively, and 
     inserting after subparagraph (I) the following:
       ``(J) B20 biodiesel blend;''; and
       (2) by redesignating paragraphs (7) through (16) as 
     paragraphs (9) through (18), respectively, and insert after 
     paragraph (6) the following:
       ``(7) `biodiesel' means the monoalkyl esters of long chain 
     fatty acids derived from plant or animal matter which meet--
       ``(A) 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
       ``(B) the requirements of the American Society of Testing 
     and Materials D6751.
       ``(8) `B20 biodiesel blend' means a mixture of biodiesel 
     and diesel fuel approximately 20

[[Page H9836]]

     percent of the content of which is biodiesel, and commonly 
     known as `B20'.''.

            PART 2--UNITED STATES-ISRAEL ENERGY COOPERATION

     SEC. 9321. SHORT TITLE.

       This part may be cited as the ``United States-Israel Energy 
     Cooperation Act''.

     SEC. 9322. FINDINGS.

       Congress finds that--
       (1) it is in the highest national security interests of the 
     United States to ensure secure access to reliable energy 
     sources;
       (2) the United States relies heavily on the foreign supply 
     of crude oil to meet the energy needs of the United States, 
     currently importing 58 percent of the total oil requirements 
     of the United States, of which 45 percent comes from member 
     states of the Organization of Petroleum Exporting Countries 
     (OPEC);
       (3) revenues from the sale of oil by some of these 
     countries directly or indirectly provide funding for 
     terrorism and propaganda hostile to the values of the United 
     States and the West;
       (4) in the past, these countries have manipulated the 
     dependence of the United States on the oil supplies of these 
     countries to exert undue influence on United States policy, 
     as during the embargo of OPEC during 1973 on the sale of oil 
     to the United States, which became a major factor in the 
     ensuing recession;
       (5) research by the Energy Information Administration of 
     the Department of Energy has shown that the dependence of the 
     United States on foreign oil will increase by 33 percent over 
     the next 20 years;
       (6) a rise in the price of imported oil sufficient to 
     increase gasoline prices by 10 cents per gallon at the pump 
     would result in an additional outflow of $18,000,000,000 from 
     the United States to oil-exporting nations;
       (7) for economic and national security reasons, the United 
     States should reduce, as soon as practicable, the dependence 
     of the United States on nations that do not share the 
     interests and values of the United States;
       (8) the State of Israel has been a steadfast ally and a 
     close friend of the United States since the creation of 
     Israel in 1948;
       (9) like the United States, Israel is a democracy that 
     holds civil rights and liberties in the highest regard and is 
     a proponent of the democratic values of peace, freedom, and 
     justice;
       (10) cooperation between the United States and Israel on 
     such projects as the development of the Arrow Missile has 
     resulted in mutual benefits to United States and Israeli 
     security;
       (11) the special relationship between Israel and the United 
     States has been and continues to be manifested in a variety 
     of jointly-funded cooperative programs in the field of 
     scientific research and development, such as--
       (A) the United States-Israel Binational Science Foundation 
     (BSF);
       (B) the Israel-United States Binational Agricultural 
     Research and Development Fund (BARD); and
       (C) the Israel-United States Binational Industrial Research 
     and Development (BIRD) Foundation;
       (12) these programs, supported by the matching 
     contributions from the Government of Israel and the 
     Government of the United States and directed by key 
     scientists and academics from both countries, have made 
     possible many scientific breakthroughs in the fields of life 
     sciences, medicine, bioengineering, agriculture, 
     biotechnology, communications, and others;
       (13) on February 1, 1996, United States Secretary of Energy 
     Hazel R. O'Leary and Israeli Minister of Energy and 
     Infrastructure Gonen Segev signed the Agreement Between the 
     Department of Energy of the United States of America and the 
     Ministry of Energy and Infrastructure of Israel Concerning 
     Energy Cooperation, to establish a framework for 
     collaboration between the United States and Israel in energy 
     research and development activities;
       (14) the United States and Israeli governments should 
     promote cooperation in a broad range of projects designed to 
     enhance supplies of nonpetroleum energy for both countries, 
     and to provide for cutting edge research in each country;
       (15) Israeli scientists and researchers have long been at 
     the forefront of research and development in the field of 
     alternative renewable energy sources;
       (16) many of the top corporations of the world have 
     recognized the technological and scientific expertise of 
     Israel by locating important research and development 
     facilities in Israel;
       (17) among the technological breakthroughs made by Israeli 
     scientists and researchers in the field of alternative, 
     renewable energy sources are--
       (A) the development of a cathode that uses hexavalent iron 
     salts that accept 3 electrons per ion and enable rechargeable 
     batteries to provide 3 times as much electricity as existing 
     rechargeable batteries;
       (B) the development of a technique that vastly increases 
     the efficiency of using solar energy to generate hydrogen for 
     use in energy cells; and
       (C) the development of a novel membrane used in new and 
     powerful direct-oxidant fuel cells that is capable of 
     competing favorably with hydrogen fuel cells and traditional 
     internal combustion engines; and
       (18) cooperation between the United States and Israel in 
     the field of research and development of alternative 
     renewable energy sources would be in the interests of both 
     countries, and both countries stand to gain much from such 
     cooperation.

     SEC. 9323. GRANT PROGRAM.

       (a) Authority.--Pursuant to the responsibilities described 
     in section 102(10), (14), and (17) of the Department of 
     Energy Organization Act (42 U.S.C. 7112(10), (14), and (17)) 
     and section 103(9) of the Energy Reorganization Act of 1974 
     (42 U.S.C. 5813(9)), the Secretary, in consultation with the 
     BIRD or BSF, shall award grants to eligible entities.
       (b) Application.--
       (1) Submission of applications.--To receive a grant under 
     this section, an eligible entity shall submit an application 
     to the Secretary containing such information and assurances 
     as the Secretary, in consultation with the BIRD or BSF, may 
     require.
       (2) Selection of eligible entities.--The Secretary, in 
     consultation with the Directors of the BIRD and BSF, may 
     review any application submitted by any eligible entity and 
     select any eligible entity meeting criteria established by 
     the Secretary, in consultation with the Advisory Board, for a 
     grant under this section.
       (c) Amount of Grant.--The amount of each grant awarded for 
     a fiscal year under this section shall be determined by the 
     Secretary, in consultation with the BIRD or BSF.
       (d) Recoupment.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall establish 
     procedures and criteria for recoupment in connection with any 
     eligible project carried out by an eligible entity that 
     receives a grant under this section, which has led to the 
     development of a product or process which is marketed or 
     used.
       (2) Amount required.--
       (A) Except as provided in subparagraph (B), such recoupment 
     shall be required as a condition for award and be 
     proportional to the Federal share of the costs of such 
     project, and shall be derived from the proceeds of royalties 
     or licensing fees received in connection with such product or 
     process.
       (B) In the case where a product or process is used by the 
     recipient of a grant under this section for the production 
     and sale of its own products or processes, the recoupment 
     shall consist of a payment equivalent to the payment which 
     would be made under subparagraph (A).
       (3) Waiver.--The Secretary may at any time waive or defer 
     all or some of the recoupment requirements of this subsection 
     as necessary, depending on--
       (A) the commercial competitiveness of the entity or 
     entities developing or using the product or process;
       (B) the profitability of the project; and
       (C) the commercial viability of the product or process 
     utilized.
       (e) Private Funds.--The Secretary may accept contributions 
     of funds from private sources to carry out this part.
       (f) Office of Energy Efficiency and Renewable Energy.--The 
     Secretary shall carry out this section through the existing 
     programs at the Office of Energy Efficiency and Renewable 
     Energy.
       (g) Report.--Not later than 180 days after receiving a 
     grant under this section, each recipient shall submit a 
     report to the Secretary--
       (1) documenting how the recipient used the grant funds; and
       (2) evaluating the level of success of each project funded 
     by the grant.

     SEC. 9324. INTERNATIONAL ENERGY ADVISORY BOARD.

       (a) Establishment.--There is established in the Department 
     of Energy an International Energy Advisory Board.
       (b) Duties.--The Advisory Board shall advise the Secretary 
     on--
       (1) criteria for the recipients of grants awarded under 
     section 9323(a);
       (2) the total amount of grant money to be awarded to all 
     grantees selected by the Secretary, in consultation with the 
     BIRD; and
       (3) the total amount of grant money to be awarded to all 
     grantees selected by the Secretary, in consultation with the 
     BSF, for each fiscal year.
       (c) Membership.--
       (1) Composition.--The Advisory Board shall be composed of--
       (A) 1 member appointed by the Secretary of Commerce;
       (B) 1 member appointed by the Secretary of Energy; and
       (C) 2 members who shall be Israeli citizens, appointed by 
     the Secretary of Energy after consultation with appropriate 
     officials in the Israeli Government.
       (2) Deadline for appointments.--The initial appointments 
     under paragraph (1) shall be made not later than 60 days 
     after the date of enactment of this Act.
       (3) Term.--Each member of the Advisory Board shall be 
     appointed for a term of 4 years.
       (4) Vacancies.--A vacancy on the Advisory Board shall be 
     filled in the manner in which the original appointment was 
     made.
       (5) Basic pay.--
       (A) Compensation.--A member of the Advisory Board shall 
     serve without pay.
       (B) Travel expenses.--Each member of the Advisory Board 
     shall receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with applicable provisions of 
     subchapter I of chapter 57 of title 5, United States Code.
       (6) Quorum.--Three members of the Advisory Board shall 
     constitute a quorum.

[[Page H9837]]

       (7) Chairperson.--The Chairperson of the Advisory Board 
     shall be designated by the Secretary of Energy at the time of 
     the appointment.
       (8) Meetings.--The Advisory Board shall meet at least once 
     annually at the call of the Chairperson.
       (d) Termination.--Section 14(a)(2)(B) of the Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     Advisory Board.

     SEC. 9325. DEFINITIONS.

       In this part:
       (1) Advisory board.--The term ``Advisory Board'' means the 
     International Energy Advisory Board established by section 
     9324(a).
       (2) BIRD.--The term ``BIRD'' means the Israel-United States 
     Binational Industrial Research and Development Foundation.
       (3) BSF.--The term ``BSF'' means the United States-Israel 
     Binational Science Foundation.
       (4) Eligible entity.--The term ``eligible entity'' means a 
     joint venture comprised of both Israeli and United States 
     private business entities or a joint venture comprised of 
     both Israeli academic persons (who reside and work in Israel) 
     and United States academic persons, that--
       (A) carries out an eligible project; and
       (B) is selected by the Secretary, in consultation with the 
     BIRD or BSF, using the criteria established by the Secretary, 
     in consultation with the Advisory Board.
       (5) Eligible project.--The term ``eligible project'' means 
     a project to encourage cooperation between the United States 
     and Israel on research, development, or commercialization of 
     alternative energy, improved energy efficiency, or renewable 
     energy sources.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy, acting through the Assistant Secretary of Energy 
     for Energy Efficiency and Renewable Energy.

     SEC. 9326. TERMINATION.

       The grant program authorized under section 9323 and the 
     Advisory Board shall terminate upon the expiration of the 7-
     year period which begins on the date of the enactment of this 
     Act.

     SEC. 9327. AUTHORIZATION OF APPROPRIATIONS.

       The Secretary is authorized to expend not more than 
     $20,000,000 to carry out this part for each of fiscal years 
     2008 through 2014 from funds previously authorized to the 
     Office of Energy Efficiency and Renewable Energy.

     SEC. 9328. CONSTITUTIONAL AUTHORITY.

       The Constitutional authority on which this part rests is 
     the power of Congress to regulate commerce with foreign 
     nations as enumerated in Article I, Section 8 of the United 
     States Constitution.

      Subtitle E--Advanced Plug-In Hybrid Vehicles and Components

     SEC. 9401. ADVANCED BATTERY LOAN GUARANTEE PROGRAM.

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

     SEC. 9402. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.

       Section 712 of the Energy Policy Act of 2005 (42 U.S.C. 
     16062) is amended--
       (1) in subsection (a)--
       (A) by inserting ``and components thereof'' after ``sales 
     of efficient hybrid and advanced diesel vehicles'';
       (B) by inserting ``and hybrid component manufacturers'' 
     after ``grants to automobile manufacturers'';
       (C) by inserting ``, plug-in electric hybrid,'' after 
     ``production of efficient hybrid'';
       (D) by inserting ``and suppliers'' after ``automobile 
     manufacturers''; and
       (E) by adding at the end the following: ``Priority shall be 
     given to the refurbishment or retooling of manufacturing 
     facilities that have recently ceased operation or will cease 
     operation in the near future.''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Coordination With State and Local Programs.--The 
     Secretary may coordinate implementation of this section with 
     State and local programs designed to accomplish similar 
     goals, including the retention and retraining of skilled 
     workers from the such manufacturing facilities, including by 
     establishing matching grant arrangements.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary such sums as 
     may be necessary to carry out this section.''.

     SEC. 9403. PLUG-IN HYBRID VEHICLE PROGRAM.

       (a) Plug-In Electric Drive Vehicle Program.--
       (1) Establishment.--The Secretary of Energy (in this 
     section referred to as the ``Secretary'') shall establish a 
     competitive program to provide grants on a cost-shared basis 
     to State governments, local governments, metropolitan 
     transportation authorities, air pollution control districts, 
     private or nonprofit entities or combinations thereof, to 
     carry out a project or projects to encourage the use of plug-
     in electric drive vehicles or other emerging electric vehicle 
     technologies, as determined by the Secretary.
       (2) Administration.--The Secretary shall establish 
     requirements for applications for grants under this section, 
     including reporting of data to be summarized for 
     dissemination to the Department, other grantees, and the 
     public, including vehicle and component performance and 
     vehicle and component life cycle costs.
       (3) Selection criteria.--
       (A) Priority.--When making awards under this subsection, 
     the Secretary shall give priority consideration to 
     applications that encourage early widespread utilization of 
     such vehicles and are likely to make a significant 
     contribution to the advancement of the production of such 
     vehicles in the United States.
       (B) Scope of programs.--When making awards under this 
     subsection, the Secretary shall ensure that the programs will 
     maximize diversity in applications, manufacturers, end-uses 
     and vehicle control systems.
       (4) Authorizations of appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out the program 
     under this subsection, such sums as may be necessary.
       (5) Certain applicants.--A battery manufacturer that 
     proposes to supply to an applicant for a grant under this 
     section a battery with a capacity of greater than 1 kilowatt-
     hour for use in a plug-in electric drive vehicle shall--
       (A) ensure that the applicant includes in the application a 
     description of the price of the battery per kilowatt hour;
       (B) on approval by the Secretary of the application, 
     publish, or permit the Secretary to publish, the price 
     described in subparagraph (A); and
       (C) for any order received by the battery manufacturer for 
     at least 1,000 batteries, offer batteries at that price.
       (b) Electric Drive Education Program.--
       (1) In general.--The Secretary shall develop a nationwide 
     electric drive transportation education program under which 
     the Secretary shall provide--
       (A) teaching materials to secondary schools and high 
     schools; and
       (B) assistance for programs relating to electric drive 
     system and component engineering to institutions of higher 
     education.
       (2) Electric vehicle competition.--The program established 
     under paragraph (1) shall include a plug-in hybrid electric 
     vehicle competition for institutions of higher education, 
     which shall be known as the ``Dr. Andrew Frank Plug-In Hybrid 
     Electric Vehicle Competition''.

[[Page H9838]]

       (3) Engineers.--In carrying out the program established 
     under paragraph (1), the Secretary shall provide financial 
     assistance to institutions of higher education to create new, 
     or support existing, degree programs to ensure the 
     availability of trained electrical and mechanical engineers 
     with the skills necessary for the advancement of--
       (A) plug-in electric drive vehicles; and
       (B) other forms of electric drive vehicles.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this 
     subsection such sums as may be necessary.

     SEC. 9404. PLUG-IN HYBRID DEMONSTRATION VEHICLES.

       (a) In General.--The Secretary of Energy shall establish a 
     program to make grants to owners of domestic motor vehicle 
     manufacturing or production facilities for the production of 
     plug-in hybrid electric motors or conversion modules to be 
     used as electricity storage capacity for utilities.
       (b) Programs.--The Secretary of Energy shall establish 
     programs to determine how to best integrate plug-in hybrid 
     vehicles into the electric power grid and into the overall 
     electricity infrastructure. These programs shall be conducted 
     in 5 separate regions across the United States at the 
     discretion of the Secretary.
       (c) Pilot Programs.--The Secretary shall establish during 
     the first 6 months of 2008, with other governmental entities, 
     no less than 5 separate pilot programs to convert at least 
     1000 vehicles in each program to plug-hybrid electric 
     vehicles.
       (d) Federal Contribution.--The Department of Energy shall 
     contribute up to 50 percent of the cost of conversion 
     modules.
       (e) Installation.--Installations of electricity storage 
     devices shall be undertaken by trained and certified 
     mechanics.
       (f) Monitoring.--The Secretary of Energy shall require the 
     monitoring of reliability, efficiency, breakeven costs, and 
     customer satisfaction for a period of 3 years.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as may be 
     necessary to carry out this section.

     SEC. 9405. INCENTIVE FOR FEDERAL AND STATE FLEETS FOR MEDIUM 
                   AND HEAVY DUTY HYBRIDS.

       Section 301 of the Energy Policy Act of 1992 (42 U.S.C. 
     13211) is amended--
       (1) in paragraph (3), by striking ``or a dual fueled 
     vehicle'' and inserting ``, a dual fueled vehicle, or a 
     medium or heavy duty vehicle that is a hybrid vehicle'';
       (2) by redesignating paragraphs (11), (12), (13), and (14) 
     as paragraphs (12), (14), (15), and (16), respectively;
       (3) by inserting after paragraph (10) the following new 
     paragraph:
       ``(11) the term `hybrid vehicle' means a vehicle powered 
     both by a diesel or gasoline engine and an electric motor or 
     hydraulic energy storage device that is recharged as the 
     vehicle operates;''; and
       (4) by inserting after paragraph (12) (as so redesignated 
     by paragraph (2) of this section) the following new 
     paragraph:
       ``(13) the term `medium or heavy duty vehicle' means a 
     vehicle that--
       ``(A) in the case of a medium duty vehicle, has a gross 
     vehicle weight rating of more than 8,500 pounds but not more 
     than 14,000 pounds; and
       ``(B) in the case of a heavy duty vehicle, has a gross 
     vehicle weight rating of more than 14,000 pounds;''.

     SEC. 9406. INCLUSION OF ELECTRIC DRIVE IN ENERGY POLICY ACT 
                   OF 1992.

       Section 508 of the Energy Policy Act of 1992 (42 U.S.C. 
     13258) is amended--
       (1) by striking ``The Secretary'' in subsection (a) and 
     inserting ``(1) The Secretary''; and
       (2) by adding at the end of subsection (a) the following:
       ``(2) Not later than January 31, 2009, the Secretary shall 
     allocate credit in an amount to be determined by the 
     Secretary for acquisition of--
       ``(A) a hybrid electric vehicle;
       ``(B) a plug-in hybrid electric vehicle;
       ``(C) a fuel cell electric vehicle;
       ``(D) a neighborhood electric vehicle; or
       ``(E) a medium-duty or heavy-duty electric, hybrid 
     electric, hybrid hydraulic, or plug-in hybrid electric 
     vehicle.''; and
       (3) by adding at the end the following:
       ``(e) Definitions.--In this section:
       ``(1) Fuel cell electric vehicle.--The term `fuel cell 
     electric vehicle' means an on-road or nonroad vehicle that 
     uses a fuel cell (as defined in section 803 of the Spark M. 
     Matsunaga Hydrogen Research, Development, and Demonstration 
     Act of 2005 (42 U.S.C. 16152).
       ``(2) Hybrid electric vehicle.--The term `hybrid electric 
     vehicle' means a new qualified hybrid motor vehicle (as 
     defined in section 30B(d)(3) of the Internal Revenue Code of 
     1986).
       ``(3) Medium-duty or heavy-duty electric, hybrid electric, 
     or plug-in hybrid electric vehicle.--The term `medium-duty or 
     heavy-duty electric, hybrid electric, or plug-in hybrid 
     electric vehicle' is an electric, hybrid electric, or plug-in 
     hybrid electric motor vehicle greater than 8,501 pounds gross 
     vehicle rating.
       ``(4) Neighborhood electric vehicle.--The term 
     `neighborhood electric vehicle' means a 4-wheeled on-road or 
     nonroad vehicle, with a top attainable speed in 1 mile of 
     more than 20 mph and not more than 25 mph on a paved level 
     surface, that is propelled by an electric motor and on board, 
     rechargeable energy storage system that is rechargeable using 
     an off-board source of electricity.
       ``(5) Plug-in hybrid electric vehicle.--The term `plug-in 
     hybrid electric vehicle' means a light-duty, medium-duty, or 
     heavy-duty on-road or nonroad vehicle that is propelled by 
     any combination of--
       ``(A) an electric motor and on-board, rechargeable energy 
     storage system capable of operating the vehicle in 
     intermittent or continuous all-electric mode and which is 
     rechargeable using an off-board source of electricity; and
       ``(B) an internal combustion engine or heat engine using 
     any combustible fuel.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary for each of fiscal years 2008 through 
     2013.''.

     SEC. 9407. NEAR-TERM ELECTRIC DRIVE TRANSPORTATION DEPLOYMENT 
                   PROGRAM.

       (a) Revolving Loan Program.--
       (1) In general.--The Secretary shall establish a revolving 
     loan program to provide loans to eligible entities for the 
     conduct of qualified electric transportation projects.
       (2) Criteria.--The Secretary shall establish criteria for 
     the provision of loans under this subsection.
       (b) Market Assessment and Electricity Usage Program.--
       (1) In general.--The Administrator of the Environmental 
     Protection Agency, in consultation with the Secretary and 
     private industry, shall carry out a program--
       (A) to inventory and analyze existing electric drive 
     transportation technologies and hybrid technologies and 
     markets; and
       (B) to identify and implement methods of removing barriers 
     for existing and emerging applications of electric drive 
     transportation technologies and hybrid transportation 
     technologies.
       (2) Electricity usage.--The Secretary, in consultation with 
     the Administrator of the Environmental Protection Agency and 
     private industry, shall carry out a program--
       (A) to develop systems and processes--
       (i) to enable plug-in electric vehicles to enhance the 
     availability of emergency back-up power for consumers; and
       (ii) to study and demonstrate the potential value to the 
     electric grid of using the energy stored in the on-board 
     storage systems to improve the efficiency of the grid 
     generation system; and
       (B) to work with utilities and other interested 
     stakeholders to study and demonstrate the implications of the 
     introduction of plug-in electric vehicles and other types of 
     electric transportation on the production of electricity from 
     renewable resources.
       (3) Off-peak electricity usage grants.--In carrying out the 
     program under paragraph (2), the Secretary shall provide 
     grants to assist eligible public and private electric 
     utilities to conduct programs or activities to encourage 
     owners of electric drive transportation technologies--
       (A) to use off-peak electricity; or
       (B) to have the load managed by the utility.
       (c) Definition of Qualified Electric Transportation 
     Project.--In this section, the term ``qualified electric 
     transportation project'' includes a project relating to--
       (1) ship-side or shore-side electrification for vessels;
       (2) truck-stop electrification;
       (3) electric truck refrigeration units;
       (4) battery-powered auxiliary power units for trucks;
       (5) electric airport ground support equipment;
       (6) electric material/cargo handling equipment;
       (7) electric or dual-mode electric freight rail;
       (8) any distribution upgrades needed to supply electricity 
     to the qualified electric transportation projects; and
       (9) any ancillary infrastructure, including panel upgrades, 
     battery chargers, in-situ transformer, and trenching.
       (d) Authorization of Appropriations.--There are authorized 
     to carry this section such sums as may be necessary.

     SEC. 9408. STUDYING THE BENEFITS OF PLUG-IN HYBRID ELECTRIC 
                   DRIVE VEHICLES AND ELECTRIC DRIVE 
                   TRANSPORTATION.

       (a) Study.--
       (1) City cars.--Not later than 1 year after the date of 
     enactment of this section, the Secretary of Transportation in 
     consultation with the Secretary of Energy and appropriate 
     Federal agencies and interested stakeholders in the public, 
     private and non-profit sectors, shall study and report to 
     Congress on the benefits of and barriers to the widespread 
     use of a potentially new class of vehicles known as city cars 
     with performance capability that exceeds that of low speed 
     vehicles but is less than that of passenger vehicles, and 
     which may be battery electric, fuel cell electric, or plug-in 
     hybrid electric vehicles. Such study shall examine the 
     benefits and issues associated with limiting city cars to a 
     maximum speed of 35 mph, 45 mph, 55 mph, or any other maximum 
     speed, and make a recommendation regarding maximum speed.
       (2) Authorization of appropriations.--Such sums as may be 
     necessary are authorized to be appropriated to carry out this 
     subsection.
       (b) Definitions.--In this section--
       (1) Nonroad vehicle.--The term ``nonroad vehicle'' has the 
     meaning given that term in section 216 of the Clean Air Act 
     (42 U.S.C. 7550)), or vehicles of the same classification

[[Page H9839]]

     that are fully or partially powered by an electric motor 
     powered by a fuel cell, a battery, or an off-board source of 
     electricity.
       (2) Plug-in electric drive vehicle.--The term `` plug-in 
     electric drive vehicle'' means a means a light-duty, medium-
     duty, or heavy-duty on-road or nonroad battery electric, 
     hybrid or fuel cell vehicle that can be recharged from an 
     external electricity source for motive power.
       (3) Plug-in hybrid electric vehicle.--The term ``plug-in 
     hybrid electric vehicle'' means a light-duty, medium-duty, or 
     heavy-duty on-road or nonroad vehicle that is propelled by 
     any combination of--
       (A) an electric motor and on-board, rechargeable energy 
     storage system capable of operating the vehicle in 
     intermittent or continuous all-electric mode and which is 
     rechargeable using an off-board source of electricity; and
       (B) an internal combustion engine or heat engine using any 
     combustible fuel.

        Subtitle F--Availability of Critical Energy Information

     SEC. 9501. FINDINGS.

       The Congress finds that--
       (1) the Energy Information Administration's data is 
     critical not merely for analysis of the role of energy in our 
     economy and environment, but for the effective functioning of 
     domestic and international energy markets.
       (2) Federal and State policymakers rely on the Energy 
     Information Administration to collect and report State level 
     energy information needed for energy policymaking, compliance 
     with Federal and State mandates, and for purposes of 
     emergency energy preparedness and response;
       (3) as policymakers consider and implement policies to cut 
     greenhouse gas emissions, accurate, timely, and comparable 
     State energy information becomes even more important;
       (4) new and expanded sources of information about energy 
     demand and supply have become available and need to be 
     incorporated in the Energy Information Administration's data 
     and analysis functions;
       (5) the Energy Information Administration needs to maintain 
     and enhance its ability to collect, process, and analyze data 
     while confronting broader demands for information in greater 
     detail; and
       (6) budget and personnel constraints have forced the Energy 
     Information Administration to curtail surveys relied upon by 
     energy and financial markets and could further defer 
     important improvements in the scope and quality of resulting 
     information.

     SEC. 9502. ASSESSMENT OF RESOURCES.

       (a) 5-Year Plan.--The Administrator of the Energy 
     Information Administration shall establish a 5-year plan to 
     enhance the quality and scope of the data collection 
     necessary to ensure the scope, accuracy, and timeliness of 
     the information needed for efficient functioning of energy 
     markets and related financial operations. Particular 
     attention shall be paid to restoring data series terminated 
     because of budget constraints, data on demand response, 
     timely data series of State-level information, improvements 
     in the area of oil and gas data, and the ability to provide 
     data mandated by Congress promptly and completely.
       (b) Submittal to Congress.--The Administrator shall submit 
     this plan to Congress detailing improvements needed to 
     enhance the Energy Information Administration's ability to 
     collect and process energy information in a manner consistent 
     with the needs of energy markets.
       (c) Guidelines.--The Administrator shall--
       (1) establish guidelines to ensure the quality, 
     comparability, and scope of State energy data, including data 
     on energy production and consumption by product and sector 
     and renewable and alternative sources, required to provide a 
     comprehensive, accurate energy profile at the State level;
       (2) share company-level data collected at the State level 
     with the State involved, provided the State has agreed to 
     reasonable guidelines for its use adopted by the 
     Administrator;
       (3) assess any existing gaps in data obtained by and 
     compiled by the Energy Information Administration; and
       (4) evaluate the most cost effective ways to address any 
     data quality and quantity issues in conjunction with State 
     officials.

     The Energy Information Administration shall consult with 
     State officials and the Federal Energy Regulatory Commission 
     on a regular basis in establishing these guidelines and scope 
     of State level data, as well as in exploring ways to address 
     data needs and serve data uses.
       (d) Assessment of State Data Needs.--The Administrator 
     shall provide an assessment of these State-level data needs 
     to the Congress not later than 1 year after the date of 
     enactment of this Act, detailing a plan to address the needs 
     identified.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Administrator for carrying out this 
     section, in addition to any other authorizations--
       (1) $10,000,000 for fiscal year 2008;
       (2) $10,000,000 for fiscal year 2009;
       (3) $10,000,000 for fiscal year 2010;
       (4) $15,000,000 for fiscal year 2011;
       (5) $20,000,000 for fiscal year 2012; and
       (6) such sums as are necessary for subsequent fiscal years.

  The Acting CHAIRMAN. No further amendment is in order except those 
printed in part B of the report. Each further amendment may be offered 
only in the order printed in the report, by a Member designated in the 
report, shall be considered read, shall be debatable for the time 
specified in the report, equally divided and controlled by the 
proponent and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question.


               Amendment No. 1 Offered by Mr. Blumenauer

  The Acting CHAIRMAN. It is now in order to consider amendment No. 1 
printed in part B of House Report 110-300.
  Mr. BLUMENAUER. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Blumenauer:
       In title IX, after subtitle F, insert:

                   Subtitle G--Natural Gas Utilities

     SEC. 9511. NATURAL GAS UTILITIES.

       (a) In General.--Section 303(b) of the Public Utility 
     Regulatory Policies Act of 1978 (15 U.S.C. 3203(b)) is 
     amended by adding at the end the following:
       ``(5) Energy efficiency.--Each natural gas utility shall--
       ``(A) integrate energy efficiency resources into the plans 
     and planning processes of the natural gas utility; and
       ``(B) adopt policies that establish energy efficiency as a 
     priority resource in the plans and planning processes of the 
     natural gas utility.
     For purposes of applying the provisions of this subtitle to 
     this paragraph, any reference in this subtitle to the date of 
     enactment of this Act shall be treated as a reference to the 
     date of the enactment of this paragraph.
       ``(6) Rate policy 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) ensuring that utilities' recovery of authorized 
     revenues is independent of the amount of customers' natural 
     gas consumption;
       ``(ii) providing to utilities incentives for the successful 
     management of energy efficiency programs, such as allowing 
     utilities to retain a portion of the cost-reducing benefits 
     accruing from the programs;
       ``(iii) promoting the impact on adoption of energy 
     efficiency as 1 of the goals of retail rate design, 
     recognizing that energy efficiency must be balanced with 
     other objectives; and
       ``(iv) adopting rate designs that encourage energy 
     efficiency for each customer class.
     For purposes of applying the provisions of this subtitle to 
     this paragraph, any reference in this subtitle to the date of 
     enactment of this Act shall be treated as a reference to the 
     date of the enactment of this paragraph.''.
       (b) Conforming Amendment.--Section 303(b)(2) of such Act is 
     amended by striking ``and (4)'' inserting ``(4), (5), and 
     (6)'' in lieu thereof.

  The Acting CHAIRMAN. Pursuant to House Resolution 615, the gentleman 
from Oregon (Mr. Blumenauer) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Oregon.
  Mr. BLUMENAUER. Mr. Chairman, the amendment before us today is a 
relatively simple and very direct effort. It is an attempt to provide 
incentives for the gas industry to be able to conserve natural gas. 
Unfortunately, the way that it is regulated in 40 States around the 
country, actually there is a perverse incentive that they make more 
money the more gas they sell and they are penalized if they conserve.
  There are 10 States that have different initiatives to try to 
decouple the volume from profit. There are efforts here, which I am 
pleased to say were pioneered in my State of Oregon with our local 
utility Northwest Natural, to have a conservation-based tariff or 
mechanism for utility regulation.

                              {time}  1315

  This legislation, which is supported by the American Gas Association 
and by the environmental community, is to encourage development of 
utility regulation that doesn't penalize conservation but encourages 
it. It is not a mandate and it does not carry any costs but has the 
potential of saving American consumers billions of dollars and a great 
deal of energy, and I strongly urge its acceptance.
  Mr. BOUCHER. Would the gentleman yield to me?

[[Page H9840]]

  Mr. BLUMENAUER. I would be honored to yield to my friend from 
Virginia.
  Mr. BOUCHER. I thank the gentleman from Oregon for yielding, and I 
want to commend him on this amendment.
  The laws in a number of States today tie gas utility returns to the 
total gas sales volume, with the result that the greater the volume 
sold, the greater the financial return to the gas utility. That 
structure clearly serves as a disincentive to the making of efficiency 
investments by the utilities that would lessen sales volume at the 
expense of profits by the utility.
  The gentleman's amendment directs States to consider decoupling sales 
volumes from economic return in a way that would encourage the making 
of efficiency improvements. I think it's a step forward in Federal 
policy, and I am pleased to encourage the adoption of the gentleman's 
amendment.
  Mr. BLUMENAUER. Mr. Chairman, I reserve the balance of my time.
  Mr. PETERSON of Pennsylvania. Mr. Chairman, I rise not to oppose the 
amendment but to make some comments.
  The Acting CHAIRMAN. Without objection, the gentleman is recognized 
for 5 minutes.
  There was no objection.
  Mr. PETERSON of Pennsylvania. I find this amendment interesting as 
someone interested in natural gas and the use of it. I find it a little 
puzzling because clean green natural gas is America's cleanest fossil 
fuel. Yet we've made it very expensive because we've allowed it to be 
used unlimited on production of electricity. I think the last 98 
percent of plants built to make electricity are using natural gas. But 
what we're saying with this amendment and what has been lobbied for in 
the industry is that we will say to gas distribution companies that 
sell to our homes and to our businesses, we'll urge you to conserve but 
we'll charge you enough more that the gas utility continues its current 
profit structure.
  I find that a little troubling, personally. I think it might be wiser 
to open up the supply of natural gas, get the price down so we're not 
the highest in the world, so people can heat their homes and run their 
businesses without having natural gas prices be prohibitive and, thus, 
the companies would be actually selling more gas and we wouldn't have 
to go down the road of subsidizing their profits because they're 
selling less volume.
  As a businessman all my life, I understand the dilemma they're in. As 
people conserve and when energy prices spike in the winter, people keep 
their homes at 56. Businesses turn their thermostats down. I went to 
stores last year in Pennsylvania where they were actually cold. And I 
knew people who lived in 56-degree houses. I'm not sure we ought to go 
down that road. I think we ought to produce abundant natural gas and 
allow the price to work, cheap natural gas. The volume would be there, 
but we're glad to accept the amendment.
  I yield back the balance of my time.
  Mr. BLUMENAUER. I will just conclude. I appreciate my friend from 
Pennsylvania's observation. The point that I would make is that the 
companies that are distributing gas have tremendous fixed costs that 
they have to support regardless of the volume. This simply encourages 
them to be able to explore other alternatives for rate regulation. The 
cheapest gas supply is the Therm that's not used. I just don't want the 
regulatory system to penalize them for conservation. I appreciate his 
comments, I appreciate his acceptance, and I look forward to more 
conversation about ways that we can help move this along.
  Mr. PETERSON of Pennsylvania. Would the gentleman yield just for a 
moment?
  Mr. BLUMENAUER. I would be happy to yield to my friend.
  Mr. PETERSON of Pennsylvania. As a retailer all my life, that's what 
a gas company is. They're a retailer. I sold food. They sell gas. And 
as their business decreases, their profits go down, but their pipeline 
system, their pumping stations and all of their costs remain the same. 
My hesitation is with the cleanest energy we have, why do we want to 
restrict the use of it, because there's no NOX, no 
SOX and a third of the CO2. It seems like we 
ought to be more focused on making it affordable so that volumes remain 
constant and we don't have this problem.
  Again, I thank the gentleman for yielding.
  Mr. BLUMENAUER. I'm happy to yield to my friend and I'm happy to 
clarify that the intent of this amendment is not to increase or 
decrease; it's to avoid the disincentive to conserve. It's simple, and 
that's why I appreciate your accepting it.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Oregon (Mr. Blumenauer).
  The amendment was agreed to.


                  Amendment No. 2 Offered by Mr. Shays

  The Acting CHAIRMAN. It is now in order to consider amendment No. 2 
printed in part B of House Report 110-300.
  Mr. SHAYS. Mr. Chairman, I am here to offer that amendment that is 
printed in the House report.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 2 offered by Mr. Shays:
       In section 9034(a), strike ``$600,000,000 for fiscal year 
     2007, and $750,000,000'' and insert ``$1,200,000,000 for 
     fiscal year 2007, and $1,400,000,000''.

  The Acting CHAIRMAN. Pursuant to House Resolution 615, the gentleman 
from Connecticut (Mr. Shays) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Connecticut.
  Mr. SHAYS. Thank you very much, Mr. Chairman.
  I am grateful that the House Rules Committee has made this amendment 
in order. This amendment would reauthorize the Weatherization 
Assistance Program to $1.2 billion for 2007 and $1.4 billion in 2008 
through 2012. What that does is basically double the authorization 
level for weatherization.
  The Department of Energy's Weatherization Assistance Program enables 
low-income families to permanently reduce their energy bills by making 
their homes more energy efficient. It is this country's longest running 
energy efficiency program. During the last 30 years, it has provided 
weatherization services to more than 5.5 million low-income families. 
An audit is done and then corrective action is taken on a home.
  I would just conclude by saying that in my own home I have a third 
floor. It is my office. It was insulated and it had heating but I 
froze. I tripled the size of this third floor, had no heating 
whatsoever, and the space was warmer than when I had heating; in fact, 
it was a comfortable temperature, just because of the insulation that 
we were able to put in the roof above this floor.
  We want low-income families to be able to take advantage of this 
important weatherization effort.
  This amendment would reauthorize the Weatherization Assistance 
Program to $1.2 billion for 2007 and $1.4 billion in 2008 through 2012.
  The program is currently authorized at $600 million for FY07 and $700 
million for FY08.
  The bill calls for $600 million for FY07 and $750 million for FY08 
through 2012.
  My amendment would double these authorization levels ($1.2 billion in 
2007 and $1.4 billion from 2008 to 2012).
  The Department of Energy's Weatherization Assistance Program enables 
low-income families to permanently reduce their energy bills by making 
their homes more energy efficient.
  It is this country's longest running energy efficiency program. 
During the last 30 years, it has provided weatherization services to 
more than 5.5 million low-income families.
  Through this program, weatherization service providers install energy 
efficiency measures in the homes of qualifying homeowners free of 
charge.
  These are not expensive upgrades but they are effective, and energy 
savings pay for the upgrades within a few years.
  The average expenditure limit is $2,826 per home.
  Funding for low-income weatherization comes from several sources and 
represents a partnership of both public and private organizations. The 
largest contribution has come from the DOE.
  The second largest source is LIHEAP, followed by gas and electric 
companies, and legal penalties assessed against oil companies.
  DOE works directly with the states, the District of Columbia, and 
Native American Tribal

[[Page H9841]]

Governments to implement weatherization measures. These agencies 
contract with local governmental or nonprofit agencies to deliver 
weatherization services to low-income clients in their areas. Funding 
is allocated for both weatherizing individual homes and for the 
training and development of local technicians.
  Weatherization includes a comprehensive series of energy efficiency 
measures by analyzing each individual home. Adding weather-stripping to 
doors and windows saves energy.
  Families notice, on average, a decrease of $200 to $250 per year in 
energy bill savings.
  There are also other non-energy benefits.
  Many low-income households live in older homes that have structural 
hazards that are detected while weatherizing. By reducing long-term 
energy costs, weatherization also makes these housing units more 
affordable.
  In addition, the DOE estimates that the Weatherization Assistance 
Program employs 8,000 people nationwide.
  One of the challenges of making one's home energy efficient is that 
many of these technologies and home improvements are unaffordable. Yet 
the subcommittee on energy and water appropiations noted that the 
Committee was ``concerned that the Department has severely under-funded 
this program, which almost immediately results in significant energy 
savings in American homes.''
  We know that investing in weatherization measures will reduce 
everyone's energy bills over time by reducing the amount of energy that 
we all use. The Weatherization Assistance Program is one of our most 
successful programs, and I urge support of this amendment.
  Mr. BOUCHER. Would the gentleman yield to me?
  Mr. SHAYS. I would be happy to yield.
  Mr. BOUCHER. I thank the gentleman from Connecticut for yielding, and 
I want to commend him on this amendment.
  His amendment recognizes the value of the Weatherization Assistance 
Program and proposes to increase the authorization levels to a higher 
point toward the levels that usefully can be spent in weatherizing 
homes. To the extent that the measure sends to the Appropriations 
Committee a signal that there should be an increase in appropriations 
for this program, I think it's highly valuable. I thank the gentleman 
for bringing this amendment forward and urge its adoption, and I thank 
him for yielding this time.
  Mr. SHAYS. I thank the gentleman for his support.
  I yield to my colleague.
  Mr. PETERSON of Pennsylvania. I want to commend the gentleman for 
this amendment.
  I'm from Pennsylvania. It's cold there. We have a lot of poor people, 
a lot of low-income people in my district, and weatherization is a huge 
program. I would just like to let the body know that in my Outer 
Continental Shelf natural gas bill, we set aside, I think, $12 billion 
to fund this program. If we open up the OCS for clean green natural 
gas, we will have an ongoing supply of $12 billion for helping with 
weatherization.
  Mr. SHAYS. I thank the gentleman very much for his contribution.
  I'm happy to yield back and urge support of this legislation.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Connecticut (Mr. Shays).
  The amendment was agreed to.


                 Amendment No. 3 Offered by Ms. Hooley

  The Acting CHAIRMAN. It is now in order to consider amendment No. 3 
printed in part B of House Report 110-300.
  Ms. HOOLEY. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 3 offered by Ms. Hooley:
       In part 6 of subtitle A of title IX, add at the end the 
     following new section:

     SEC. 9077. STUDY ON INDOOR ENVIRONMENTAL QUALITY IN SCHOOLS.

       (a) In General.--The Administrator of the Environmental 
     Protection Agency shall enter into an arrangement with the 
     Secretary of Education and the Secretary of Energy to conduct 
     a detailed study of how sustainable building features such as 
     energy efficiency affect multiple perceived indoor 
     environmental quality stressors on students in K-12 schools.
       (b) Contents.--The study shall--
       (1) investigate synergistic effects of multiple perceived 
     stressors, including thermal discomfort, visual discomfort, 
     acoustical dissatisfaction such as noise and loss of speech 
     privacy, and air quality dissatisfaction;
       (2) identify how sustainable building features, such as 
     energy efficiency, are influencing these human outcomes 
     singly and in concert; and
       (3) ensure that the impacts of the indoor environmental 
     quality are evaluated as a whole.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated for carrying out this section $200,000 for 
     each of the fiscal years 2008 through 2012.

       Amend the table of contents accordingly.

  The Acting CHAIRMAN. Pursuant to House Resolution 615, the 
gentlewoman from Oregon (Ms. Hooley) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentlewoman from Oregon.
  Ms. HOOLEY. I recognize myself for as much time as I may consume.
  Mr. Chairman, the Hooley-McCaul-Matheson amendment is a very simple 
and straightforward amendment that would authorize a study of the 
tremendous impact green schools have on the environment, school 
operational costs, test scores and student health. Usually we simply 
equate green building with energy efficiency, but the benefits are much 
broader than just that. The global impact of these efforts on the 
environment alone is enough of a reason to take action. Just as the 
energy bill before us today begins to address this challenge, our 
amendment focuses on the positive impacts our actions can have on 
improving our environment and bettering people's lives.
  The study I am proposing today with my good friends, Mr. McCaul and 
Mr. Matheson, is necessary because, while both the Federal Government 
and the private sector have conducted some green building research, 
knowledge gaps exist in the important area of green school research.
  Upon the conclusion of the study I am proposing, we will finally be 
able to quantify the important benefits green schools provide by way of 
economic savings, environmental stewardship, and the health and 
academic performance of students.
  At this time, I yield 30 seconds to my good friend, Chair of the 
Energy Committee, Mr. Boucher.
  Mr. BOUCHER. I thank the gentlelady from Oregon for yielding this 
time, and I also want to take this opportunity to thank her for the 
substantial contributions that she made to the legislation that is 
before the Committee today as it was considered by the House Energy and 
Commerce Committee.
  And I want to commend her on this amendment which authorizes the 
administrator of the Environmental Protection Agency to enter into an 
arrangement with the Secretaries of Education and Energy to conduct a 
study of how sustainable building features such as energy efficiency 
can promote indoor environmental quality in the Nation's K-12 schools. 
It is a significant contribution to our energy policy, will enhance 
elementary and secondary education, and I am pleased to urge its 
adoption.
  Ms. HOOLEY. Mr. Chairman, I yield 1 minute to the gentleman from 
Texas (Mr. McCaul), my fellow cosponsor of this important amendment.
  Mr. McCAUL of Texas. I want to thank Congresswoman Hooley for 
introducing this amendment. I am proud to be a cosponsor to it.
  This study will be able to quantify the important benefits green 
schools provide by way of economic savings, environmental impact, and 
the health and academic performance of students. The building industry 
represents the largest economic sector in the United States, and school 
construction is the largest component of that sector. If all new school 
construction and school renovations went green starting today, energy 
savings alone would total about $20 billion over the next 10 years. It 
costs less than $3 extra per square foot to build a green school, but 
the payback occurs within 1 year based upon energy savings alone. With 
childhood asthma becoming more widespread in recent decades, this 
research is timely and necessary. According to the CDC, childhood 
asthma accounts for about 14 million missed school days per year.
  This amendment authorizes $1 million over 5 years to undertake this 
important area of research. It is endorsed by the U.S. Green Buildings 
Council, the American Federation of Teachers and the American Institute 
of Architects.
  I want to thank the Congresswoman again for introducing this 
amendment.

[[Page H9842]]

  Ms. HOOLEY. Mr. Chairman, I would like to remind my colleagues that 
if all new school construction and school renovation went green 
starting today, energy savings alone would total $20 billion over the 
next 10 years.
  Since I see no opposition, I yield back the remainder of my time.
  Mr. PETERSON of Pennsylvania. Mr. Chairman, I rise to say that we 
will be glad to accept the amendment, but I would like to make a 
comment.
  The Acting CHAIRMAN. Does the gentleman rise to claim the time in 
opposition?
  Mr. PETERSON of Pennsylvania. Yes.
  The Acting CHAIRMAN. Without objection, the gentleman is recognized 
for 5 minutes.
  There was no objection.

                              {time}  1330

  Mr. PETERSON of Pennsylvania. While I do that, I think it's a very 
important issue as we make our schools energy efficient.
  Energy efficient buildings have very little air exchange. And if you 
have any kind of a pollution factor in your house or in a school or in 
a building that is just airtight, it's going to concentrate very fast. 
And it's very important that we have this kind of a study.
  But I want to say that we won't have that problem with this building 
that we're in right now. We won't have that problem with any of our 
office buildings because they all have single pane, the least energy 
efficient windows known in America, and we have lots of air exchange. 
In fact, it's probably what we ought to be doing to make our own 
buildings energy efficient, instead of going to expensive natural gas 
to heat them, which will go right out those energy open windows.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from Oregon (Ms. Hooley).
  The amendment was agreed to.


                  Amendment No. 4 Offered by Mr. Pitts

  The Acting CHAIRMAN. It is now in order to consider amendment No. 4 
printed in part B of House Report 110-300.
  Mr. PITTS. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mr. Pitts:
       In section 9003(4), in the proposed paragraph (3), add at 
     the end the following new subparagraph:
       ``(C) Exception.--Boilers that are manufactured to operate 
     without any need for electricity, any electric connection, 
     any electric gauges, electric pumps, electric wires, or 
     electric devices of any sort, shall not be required to meet 
     the requirements of this section.''.

  The Acting CHAIRMAN. Pursuant to House Resolution 615, the gentleman 
from Pennsylvania (Mr. Pitts) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Pennsylvania.
  Mr. PITTS. Mr. Chairman, I yield myself as much time as I might 
consume.
  First of all, I am grateful to the Rules Committee for making this 
amendment in order. It is a very narrowly crafted amendment. Section 
9003 of H.R. 3221 requires residential boilers to meet a series of 
energy efficient requirements.
  As you know, the Amish, which I have the privilege to represent, do 
not use electricity; it's against their religious beliefs. If the bill, 
as presently written, were to become law, the Amish would be forced to 
try to maintain their present boilers in perpetuity, creating an 
obvious and an avoidable safety hazard.
  Now, I know there are not a lot of Amish; they are comparatively few 
in number in this country. We only have something like 25 States that 
have Amish living in them, but I think we have a duty to be sensitive 
to their way of life, consider their needs when making law. I have a 
very simple amendment. It will provide an exception for boilers that 
operate without the need for electricity supply.
  Simply stated, boilers that are manufactured without any need for 
electricity, without any electrical connection, any electrical gauges, 
electric pumps, electric wires, electric devices of any sort would not 
be required to meet the requirements of this section.
  I urge passage of my amendment to protect the Amish and their way of 
life.
  Mr. BOUCHER. Will the gentleman yield?
  Mr. PITTS. I will yield to the gentleman.
  Mr. BOUCHER. I thank the gentleman from Pennsylvania for yielding, 
and I commend him on bringing this amendment to the House today.
  We all acknowledge the unique nature of our Amish citizens' way of 
life. They use a very small number of boilers, which accord with their 
principles of using no electricity. And it truly is a very small number 
of boilers that are involved in this matter. And given that small 
number and the respect that we all have for the way of life of the 
Amish community, I would encourage that this amendment be adopted. And 
I commend the gentleman for bringing it forward.
  Mr. PITTS. I thank the gentleman for his support.
  I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Pennsylvania (Mr. Pitts).
  The amendment was agreed to.
  The Acting CHAIRMAN. The Committee will rise informally.
  The SPEAKER pro tempore (Mr. Blumenauer) assumed the chair.

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