[Congressional Record Volume 153, Number 128 (Saturday, August 4, 2007)]
[House]
[Pages H9870-H9914]
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 Acting CHAIRMAN. 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 further consideration of the bill, H.R. 
3221.

                              {time}  1601


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the further 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. Serrano (Acting Chairman) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIRMAN. When the Committee of the Whole rose earlier 
today, amendment No. 21 offered by the gentlewoman from California (Ms. 
Solis) had been disposed of.


                Amendment No. 22 Offered by Mr. Cleaver

  The Acting CHAIRMAN. It is now in order to consider amendment No. 22 
printed in part B of House Report 110-300.
  Mr. CLEAVER. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Cleaver:
       Amend section 303(f)(1) of the Energy Policy Act of 1992, 
     as proposed to be inserted by section 6201 of the bill, to 
     read as follows:
       ``(1) Prohibition.--
       ``(A) In general.--No Federal agency shall acquire a light 
     duty motor vehicle or medium duty passenger vehicle that is 
     not a low greenhouse gas emitting vehicle.
       ``(B) Special rule for vehicles provided by funds contained 
     in members' representational allowance.--If any portion of a 
     Members' Representational Allowance is used to provide any 
     individual with a vehicle described in paragraph (1), 
     including providing an individual with a vehicle under a 
     long-term lease, the House of Representatives shall be 
     considered to have acquired the vehicle for purposes of 
     paragraph (1).
       ``(C) Definitions.--In this paragraph--
       ``(i) the term `Federal agency' includes any office of the 
     legislative branch; and
       ``(ii) the term `Members' Representational Allowance' means 
     the allowance described in section 101(a) of the House of 
     Representatives Administrative Reform Technical Corrections 
     Act (2 U.S.C. 57b(a)).''.

  The Acting CHAIRMAN. Pursuant to House Resolution 615, the gentleman 
from Missouri (Mr. Cleaver) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Missouri.
  Mr. CLEAVER. Mr. Chairman, it is my hope that we won't have to use 
the entire 5 minutes in the interest of time.
  This is a simple but commonsense amendment to this bill, because it 
will require of Members of this body to do the exact same thing that we 
are requiring of Federal agencies, and that is for any Member who is 
using his or her Members' Representational Allowance to lease an 
automobile, that they would be required to lease the exact same kinds 
of vehicles, those that are alternative fuels when available, that we 
are requiring of Federal agencies.
  This amendment is designed for a demonstration to the public that we 
are serious about energy independence and that we are also going to 
lead by example.
  Mr. Chairman, I reserve the balance of my time.
  Mr. BARTON of Texas. Mr. Chairman, I rise in serious opposition.
  The Acting CHAIRMAN. The gentleman from Texas is recognized for 5 
minutes.
  Mr. BARTON of Texas. Mr. Chairman, I have great respect for my good 
friend from Missouri, who I believe was born in Texas. In fact, I think 
the gentleman was born in Waxahachie, Texas, so I have utmost respect.
  Mr. Chairman, I have a GM assembly plant in my district in Arlington, 
Texas. The lease car that I use in my district is produced there. It is 
a GM Tahoe. It is a very good vehicle. It is made with union labor, 
which would make all my friends on the Democratic side happy. I am very 
happy with it. It has the engine in it that at a certain speed and 
under certain conditions, four of the eight cylinders stop working so 
you get increased fuel efficiency.
  But I don't believe it would be certified as a low-greenhouse-gas-
emitting vehicle. In fact, I am not sure that we have a definition 
right now in current law of what a low-greenhouse-gas-emitting vehicle 
is.
  I certainly respect the gentleman from Missouri's intent on this. But 
I think it is premature. I think we need to wait a number of years. 
Let's see exactly how some of these new vehicles that are currently in 
the research phase turn out.
  I drove another GM product around the Capitol not too many weeks ago 
that runs on hydrogen. That particular vehicle is not available for 
lease or sale right now. When it is, it probably will be a low-
greenhouse-gas-emitting vehicle. But it is probably 5 or 6 years away 
from being able to be purchased or leased.
  Mr. Chairman, again, we understand the intent of the amendment. The 
intent is noble. But the application and practice, I think, would be 
impractical at this point in time. So I strongly oppose the amendment 
and hope that we defeat it.
  Mr. Chairman, I reserve the balance of my time.
  Mr. CLEAVER. Mr. Chairman, there are about 100 Members of the United 
States Congress who lease automobiles. And we are requiring, as of 
1997, through a mandate from President Clinton, that all vehicles 
operating under the aegis of the General Services Administration 
operate with flex-fuel vehicles.
  So what we are saying here is that we are willing to require that 
Federal agencies change their fleets, but that we are not willing to 
change our fleets. If those vehicles create confusion for us with 
regard to whether or not they are alternative-fuel vehicles, then we 
have to stop this entire program because we are already using the 
language of this amendment as we are requiring other vehicles 
throughout the Federal Government to use.
  I yield to the gentleman from California (Mr. Waxman), the chairman 
of the committee.
  Mr. WAXMAN. Mr. Chairman, I rise in support of Mr. Cleaver's 
amendment.
  Mr. Chairman, this is an amendment to section 6201 of the bill, which 
is part of the contribution of the Oversight and Government Reform 
Committee which is a bipartisan one.
  Section 6201 requires Federal agencies to purchase only low-
greenhouse-gas-emitting vehicles for Federal fleets. This provision 
addresses the Government's contribution to global warming from vehicles 
which are a significant source of greenhouse gas emissions. Mr. 
Cleaver's amendment proposes to extend this requirement to cover 
Congress, as well.
  This amendment makes sense. It will further reduce greenhouse gas 
emissions by expanding the use of low-emitting vehicles. It holds 
Congress to the same standard we are applying to the executive branch. 
With this amendment, Congress will be taking another step to fight 
global warming.
  Mr. Chairman, I urge my colleagues to support this amendment.
  Mr. CLEAVER. Mr. Chairman, I yield time to the distinguished majority 
leader, the gentleman from Maryland (Mr. Hoyer).
  (Mr. HOYER asked and was given permission to revise and extend his 
remarks.)
  Mr. HOYER. Mr. Chairman, we are trying to move along the business of 
the people of this country.
  I rise in strong support of this extraordinarily good legislation.
  Mr. Chairman, this legislation truly represents a new direction in 
America's energy policy, and it will thereby strengthen our national, 
economic and environmental security.
  Twenty-eight years ago, President Carter said (and I quote): ``This 
intolerable dependence on foreign oil threatens our economic 
independence and the very security of our Nation.''
  President Carter was correct then, but we failed to act.
  We must not fail to act today.
  We must pass this comprehensive legislation, which will reduce our 
reliance on foreign oil by investing in the infrastructure needed to 
deploy homegrown bio-fuels, providing incentives for plug-in hybrid 
cars, and promoting the use of mass transit.

[[Page H9871]]

  This legislation also repeals a number of tax subsidies that benefit 
the oil and gas industry, and includes landmark energy efficiency 
provisions that will save consumers and businesses at least $300 
billion through 2030.
  In fact, the energy efficiency provisions will 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.
  In addition, it extends existing tax credits for the production of 
renewable energy; spurs innovation by supporting high-risk, high-payoff 
energy research; and bolsters research on renewable energy and global 
warming.
  Furthermore, the bill requires our government to become carbon-
neutral by the year 2050, moving forward on carbon capture and 
sequestration, promoting clean energy exports to developing countries, 
and directing the administration to lead the global effort to achieve a 
binding global warming agreement.
  It is my hope that the house will send this bill to conference with a 
strong vote so that we can reach consensus on issues such as the use of 
renewables, the development of new technologies, and the fiscally 
responsible extension of needed energy tax provisions.
  This bill will help us achieve that goal. I urge my colleagues to 
support it.
  Mr. BARTON of Texas. Mr. Chairman, I yield myself the balance of my 
time.
  Mr. Chairman, as our distinguished majority leader and the Speaker 
leave the floor, I would point out that the vehicles that they drive 
with their security detail wouldn't qualify for low-greenhouse-gas-
emitting vehicles. I am not sure that we would want to put them in a 
low-greenhouse-gas-emitting vehicle at this point in time given the 
security needs and the needs for rapid acceleration in case there were 
some sort of an emergency.
  Again, there is nothing wrong with the intent. But in application, 
all you have to do is go out outside this Chamber right now and look at 
some of the vehicles that are strategically placed and look at the 
security personnel that are inside those vehicles.
  We need to be practical as we pass some of these legislative items 
that are under consideration today. This particular amendment, given 
the current technology and the state of the market, is not practical to 
be broadly applied.
  If there are low-greenhouse-gas-emitting vehicles, and again, I point 
out we don't have a current definition, but if there are, and a Member 
of Congress wants to lease them or purchase them for personal use or 
lease them for government use, there is no prohibition against that. 
But we certainly don't need to mandate it.
  Mr. Chairman, again, I would strongly oppose the adoption of this 
amendment.
  Mr. Chairman, I yield back the balance of the time.
  Mr. CLEAVER. Mr. Chairman, one of the problems that we have as a body 
at this time is that the people around the country are constantly 
observing us and looking at us in ways that are negative because we 
want to pass laws to impose on everybody except us.
  If we are going to declare that we are moving toward energy 
independence, then the Members of the Congress using taxpayer dollars 
ought to be willing to give up big Cadillacs in order to lease an 
energy-efficient car.
  The Speaker of the House, just to make a point, did, in fact, request 
an energy-efficient vehicle. Security, as they should have, said that 
they were not going to compromise security.
  But this late legislation does not even approach those who have 
security. This says, Members who use their MRA. The Speaker, the 
majority leader, the minority leaders don't use their MRA. These are 
vehicles leased by the House of Representatives.
  We cannot continue to try to lead the Nation in a direction that we 
won't lead first.
  Mr. Chairman, I urge all the Members to vote to allow Congress to 
take the lead in moving toward energy independence.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Missouri (Mr. Cleaver).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Mr. BARTON of Texas. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Missouri 
will be postponed.

                              {time}  1615


                Amendment No. 23 Offered by Mr. Sarbanes

  The Acting CHAIRMAN. It is now in order to consider the last 
amendment, No. 23, printed in part B of House Report 110-300.
  Mr. SARBANES. 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. 23 offered by Mr. Sarbanes:
       At the end of title VI, add the following new subtitle:

                    Subtitle C--Telework Enhancement

     SEC. 6301. SHORT TITLE.

       This subtitle may be cited as the ``Telework Enhancement 
     Act of 2007''.

     SEC. 6302. FEDERAL GOVERNMENT TELEWORK REQUIREMENT.

       (a) In General.--
       (1) Eligibility.--Within 1 year after the date of enactment 
     of this Act, the head of each Executive agency shall 
     establish a policy under which each employee of the agency, 
     except as provided in subsection (b), shall be eligible to 
     participate in telework.
       (2) Participation policy.--The policy shall ensure that 
     eligible employees participate in telework to the maximum 
     extent possible without diminishing employee performance or 
     agency operations.
       (b) Ineligible Employees.--Subsection (a)(1) does not apply 
     to executive agency employees whose duties require the daily 
     handling of national security or intelligence materials or 
     daily on-site physical presence for activity such as 
     necessary contact with special equipment or other activity 
     that cannot be handled remotely or at an alternate worksite.

     SEC. 6303. TRAINING AND MONITORING.

       The head of each executive agency shall ensure that--
       (1) telework training is incorporated in the agency's new 
     employee orientation procedures;
       (2) telework training is provided to managers and all new 
     teleworkers; and
       (3) periodic employee reviews are conducted for all 
     employees to ascertain whether telework is appropriate for 
     the employee's job description and the extent to which it is 
     being utilized by the employee.

     SEC. 6304. TELEWORK MANAGING EMPLOYEE.

       (a) In General.--The head of each executive agency shall 
     appoint a full time senior level employee of the agency as 
     the Telework Managing Officer. The Telework Managing Office 
     shall be established within the office of the chief 
     administrative officer or a comparable office with similar 
     functions.
       (b) Duties.--The Telework Managing Officer shall--
       (1) serve as liaison between employees engaged in 
     teleworking and their employing entity;
       (2) ensure that the organization's telework policy is 
     communicated effectively to employees;
       (3) encourage all eligible employees to engage in telework 
     to the maximum practicable extent consistent with meeting 
     performance requirements and maintaining operations;
       (4) assist the head of the agency in the development and 
     maintenance of agencywide telework policies;
       (5) provide assistance and advice in labor-management 
     interactions regarding telework;
       (6) educate administrative units on telework policies, 
     programs, and training courses;
       (7) provide written notification to each employee of 
     specific telework programs and the employee's eligibility for 
     those programs;
       (8) focus on expanding and monitoring agency telework 
     programs;
       (9) recommend and oversee telework-specific pilot programs 
     for employees and managers, including tracking performance 
     and monitoring activities;
       (10) develop and administer a telework performance 
     reporting system;
       (11) promote and monitor agency and other resources 
     necessary for effective teleworking;
       (12) develop telework promotion and incentive programs; and
       (13) assist the head of the agency in designating employees 
     to telework to continue agency operations in the event of a 
     major disaster (as defined in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122)).
       (c) Report.--The Telework Managing Officer shall submit a 
     report to the head of the employing agency and the 
     Comptroller General at least once every 12 months that 
     includes a statement of the applicable telework policy, a 
     description of measures in place to carry out the policy, and 
     an analysis of the participation by employees of the entity 
     in teleworking during the preceding 12-month period.

     SEC. 6305. ANNUAL TELEWORK AGENCY RATING.

       (a) In General.--The Comptroller General shall establish a 
     system for evaluating--
       (1) the telework policy of each executive agency; and
       (2) on an annual basis the participation in teleworking by 
     their employees.

[[Page H9872]]

       (b) Report.--The Comptroller General shall publish a report 
     each year rating--
       (1) the telework policy of each entity to which this 
     subtitle applies;
       (2) the degree of participation by employees of each such 
     entity in teleworking during the 12-month period covered by 
     the report;
       (3) for each executive agency--
       (A) the number of employees in the agency;
       (B) the number of those employees who are eligible to 
     telework;
       (C) the number of employees who engage on a regular basis 
     in teleworking; and
       (D) the number of employees who engage on an occasional or 
     sporadic basis (at least one day per month) in teleworking; 
     and
       (4) for each executive agency, an assessment of agency 
     compliance with this subtitle.

     SEC. 6306 DEFINITIONS.

       In this subtitle:
       (1) Employee.--The term ``employee'' has the meaning given 
     that term by section 8101(1) of title 5, United States Code.
       (2) Executive agency.--The term ``Executive agency'' has 
     the meaning given that term by section 105 of title 5, United 
     States Code.
       (3) Telework.--The term ``telework'' means a work 
     arrangement in which an employee regularly performs 
     officially assigned duties at home or other worksites 
     geographically convenient to the residence of the employee 
     that--
       (A) reduces or eliminates the employee's commute between 
     his or her residence and his or her place of employment; and
       (B) occurs at least 2 business days per week in at least 48 
     weeks in a year.

  The Acting CHAIRMAN. Pursuant to House Resolution 615, the gentleman 
from Maryland (Mr. Sarbanes) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Maryland.
  Mr. SARBANES. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I am quite aware that I am the last one in line before 
the Committee rises.
  Mr. Chairman, I rise today to offer the Sarbanes-Wolf amendment to 
promote telework options for the Federal workforce. The amendment is in 
keeping with the provisions of the energy bill that seek to promote a 
new carbon neutral Federal Government. In fact, it is estimated that 
about one-third of carbon emission in the United States is 
transportation related.
  Mr. Chairman, I want to thank Chairman Waxman for his support of the 
amendment.
  This amendment, combined with other provisions of the bill, such as 
higher emissions standards for vehicles owned and operated by the 
Federal Government, seeks to ensure that we in government do our part 
to reduce automobile emissions.
  I would like to salute the distinguished gentleman from Virginia, 
Congressman Wolf, who has joined me today in offering this amendment, 
and is a tireless advocate for telework in the Federal Government. Over 
the last decade, he has put telework on the map as a management option 
within the Federal workforce, and I want to thank him for his 
leadership.
  The amendment requires that agencies establish a telework policy 
within 1 year. Employees who handle national security or intelligence 
materials or special equipment would be exempted from the policy. It 
provides for training and monitoring, designates a senior telework 
managing employee in each of the agencies, and requires the GAO to 
examine and evaluate the telework policies of each agency.
  I thank Congressman Wolf for his leadership in this area, and I hope 
all of my colleagues feel this is a win-win for the Federal Government 
and the Federal workforce.
  Mr. Chairman, I reserve the balance of my time.
  Mr. BARTON of Texas. Mr. Chairman, we don't oppose the amendment and 
seek no time.
  Mr. SARBANES. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Maryland.
  The amendment was agreed to.


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments printed in part B of House Report 
110-300 on which further proceedings were postponed, in the following 
order:
  Amendment No. 6 by Mr. Udall of New Mexico.
  Amendment No. 9 by Mr. Arcuri of New York.
  Amendment No. 13 by Mr. Sali of Idaho.
  Amendment No. 22 by Mr. Cleaver of Missouri.
  The Chair will reduce to 2 minutes the time for any electronic vote 
after the first vote in this series.


           Amendment No. 6 Offered by Mr. Udall of New Mexico

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from New Mexico 
(Mr. Udall) on which further proceedings were postponed and on which 
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 220, 
noes 190, not voting 28, as follows:

                             [Roll No. 827]

                               AYES--220

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Bean
     Becerra
     Berkley
     Berman
     Bilbray
     Bishop (NY)
     Blumenauer
     Bono
     Bordallo
     Boswell
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castle
     Castor
     Chandler
     Christensen
     Cleaver
     Cohen
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Doggett
     Donnelly
     Doyle
     Ehlers
     Ellison
     Emanuel
     Engel
     Eshoo
     Farr
     Fattah
     Ferguson
     Filner
     Fortenberry
     Fossella
     Frank (MA)
     Frelinghuysen
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gonzalez
     Green, Al
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Heller
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kind
     King (NY)
     Kirk
     Kuhl (NY)
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lynch
     Maloney (NY)
     Markey
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McHugh
     McNerney
     McNulty
     Meek (FL)
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Norton
     Obey
     Olver
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Perlmutter
     Peterson (MN)
     Platts
     Pomeroy
     Porter
     Price (NC)
     Ramstad
     Rangel
     Reichert
     Reyes
     Rodriguez
     Ros-Lehtinen
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (VA)
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shuler
     Sires
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Stark
     Sutton
     Tauscher
     Taylor
     Thompson (CA)
     Tierney
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walsh (NY)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weller
     Wexler
     Wilson (NM)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth

                               NOES--190

     Akin
     Alexander
     Bachmann
     Bachus
     Baker
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Boehner
     Bonner
     Boozman
     Boren
     Boucher
     Boustany
     Boyd (FL)
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Chabot
     Clyburn
     Cole (OK)
     Conaway
     Costello
     Cramer
     Cubin
     Culberson
     Davis (AL)
     Davis (KY)
     Davis, David
     Deal (GA)
     Dent
     Dingell
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     Ellsworth
     Emerson
     English (PA)
     Etheridge
     Everett
     Fallin
     Feeney
     Flake
     Forbes
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gillmor
     Gingrey
     Gohmert
     Goodlatte
     Gordon
     Granger
     Green, Gene
     Hall (TX)
     Hastings (WA)
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hulshof
     Inglis (SC)
     Issa
     Jones (NC)
     Jones (OH)
     Jordan
     Keller
     Kilpatrick
     King (IA)
     Kingston
     Kline (MN)
     Knollenberg
     Lamborn
     Lampson
     Latham
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas

[[Page H9873]]


     Lungren, Daniel E.
     Mack
     Mahoney (FL)
     Manzullo
     Marchant
     Marshall
     Matheson
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McIntyre
     McKeon
     McMorris Rodgers
     Meeks (NY)
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moran (KS)
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Oberstar
     Ortiz
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Poe
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Roskam
     Ross
     Royce
     Sali
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Space
     Spratt
     Stearns
     Stupak
     Sullivan
     Tanner
     Terry
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Towns
     Turner
     Upton
     Walberg
     Walden (OR)
     Wamp
     Weldon (FL)
     Westmoreland
     Whitfield
     Wicker
     Wilson (OH)
     Wilson (SC)
     Young (AK)
     Young (FL)

                             NOT VOTING--28

     Aderholt
     Blunt
     Clarke
     Clay
     Coble
     Crenshaw
     Davis, Jo Ann
     Davis, Tom
     Faleomavaega
     Fortuno
     Goode
     Graves
     Hastert
     Hayes
     Hinojosa
     Hunter
     Jindal
     Johnson, Sam
     Klein (FL)
     Kucinich
     LaHood
     Lantos
     Lowey
     Paul
     Saxton
     Schmidt
     Skelton
     Tancredo

                              {time}  1639

  Mrs. BACHMANN and Mr. MAHONEY of Florida changed their vote from 
``aye'' to ``no.''
  Mr. JOHNSON of Georgia changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. TOM DAVIS of Virginia. Mr. Chairman, I was unavoidably detained 
and missed the vote on the Udall amendment of H.R. 3221, the New 
Direction for Energy Independence, National Security, and Consumer 
Protection Act. Had I been present, I would have voted ``aye.''
  Stated against:
  Mr. GRAVES. Mr. Chairman, on rollcall No. 827 I was unavoidably 
detained. Had I been present, I would have voted ``no.''


                 Amendment No. 9 Offered by Mr. Arcuri

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on amendment No. 9 offered by the gentleman from New York 
(Mr. Arcuri) on which further proceedings were postponed and on which 
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 169, 
noes 245, not voting 24, as follows:

                             [Roll No. 828]

                               AYES--169

     Abercrombie
     Ackerman
     Allen
     Andrews
     Arcuri
     Baird
     Baldwin
     Bilbray
     Bishop (NY)
     Boswell
     Boucher
     Brady (PA)
     Capito
     Capps
     Capuano
     Carnahan
     Carney
     Carson
     Castor
     Chandler
     Christensen
     Clyburn
     Cohen
     Conyers
     Courtney
     Crowley
     Cummings
     Davis (CA)
     Davis (IL)
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Ellison
     Emanuel
     Engel
     English (PA)
     Eshoo
     Etheridge
     Farr
     Fattah
     Ferguson
     Filner
     Forbes
     Frank (MA)
     Frelinghuysen
     Garrett (NJ)
     Gerlach
     Gilchrest
     Gillibrand
     Green, Al
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Hastings (FL)
     Higgins
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Hooley
     Hoyer
     Israel
     Jackson (IL)
     Jones (NC)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kilpatrick
     Kind
     Kirk
     Kuhl (NY)
     Langevin
     Larson (CT)
     LaTourette
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McCotter
     McDermott
     McGovern
     McHugh
     McNerney
     McNulty
     Meek (FL)
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Neal (MA)
     Obey
     Olver
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Petri
     Platts
     Price (NC)
     Rahall
     Rangel
     Reichert
     Rohrabacher
     Rothman
     Rush
     Sarbanes
     Schakowsky
     Schwartz
     Sensenbrenner
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sires
     Slaughter
     Smith (NJ)
     Snyder
     Space
     Spratt
     Stark
     Stupak
     Tanner
     Tauscher
     Thompson (CA)
     Tierney
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Walsh (NY)
     Wasserman Schultz
     Waters
     Watson
     Waxman
     Welch (VT)
     Wexler
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth

                               NOES--245

     Aderholt
     Akin
     Alexander
     Altmire
     Baca
     Bachmann
     Bachus
     Baker
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blumenauer
     Boehner
     Bonner
     Bono
     Boozman
     Bordallo
     Boren
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Cardoza
     Carter
     Castle
     Chabot
     Cleaver
     Cole (OK)
     Conaway
     Cooper
     Costa
     Costello
     Cramer
     Cubin
     Cuellar
     Culberson
     Davis (AL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellsworth
     Emerson
     Everett
     Fallin
     Feeney
     Flake
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Gallegly
     Giffords
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Gene
     Hall (TX)
     Harman
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Hill
     Hobson
     Hoekstra
     Honda
     Hulshof
     Inglis (SC)
     Inslee
     Issa
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Jordan
     Keller
     Kildee
     King (IA)
     King (NY)
     Kingston
     Kline (MN)
     Knollenberg
     Lamborn
     Lampson
     Larsen (WA)
     Latham
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Manzullo
     Marchant
     Matheson
     McCarthy (CA)
     McCaul (TX)
     McCrery
     McHenry
     McIntyre
     McKeon
     McMorris Rodgers
     Meeks (NY)
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moore (KS)
     Moran (KS)
     Murphy, Tim
     Musgrave
     Myrick
     Napolitano
     Neugebauer
     Norton
     Nunes
     Oberstar
     Ortiz
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Pickering
     Pitts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Roskam
     Ross
     Roybal-Allard
     Royce
     Ruppersberger
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Linda T.
     Sanchez, Loretta
     Schiff
     Scott (GA)
     Scott (VA)
     Sessions
     Shadegg
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Smith (WA)
     Solis
     Souder
     Stearns
     Sullivan
     Sutton
     Taylor
     Terry
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Towns
     Turner
     Upton
     Visclosky
     Walberg
     Walden (OR)
     Walz (MN)
     Wamp
     Watt
     Weiner
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Young (AK)
     Young (FL)

                             NOT VOTING--24

     Blunt
     Clarke
     Clay
     Coble
     Crenshaw
     Davis, Jo Ann
     Faleomavaega
     Fortuno
     Goode
     Hastert
     Hayes
     Hinojosa
     Hunter
     Jindal
     Johnson, Sam
     Klein (FL)
     Kucinich
     LaHood
     Lantos
     Paul
     Saxton
     Schmidt
     Skelton
     Tancredo


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are advised 1 minute 
is left on this vote.

                              {time}  1646

  Mr. PORTER and Mr. VISCLOSKY changed their vote from ``aye'' to 
``no.''
  Mr. LEVIN changed his vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                  Amendment No. 13 Offered by Mr. Sali

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on amendment No. 13 offered by the gentleman from Idaho 
(Mr. Sali) on which further proceedings were postponed and on which the 
ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 402, 
noes 9, not voting 26, as follows:

[[Page H9874]]

                             [Roll No. 829]

                               AYES--402

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Christensen
     Cleaver
     Clyburn
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Fattah
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gillibrand
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastings (FL)
     Hastings (WA)
     Heller
     Hensarling
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Hooley
     Hoyer
     Hulshof
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     Lamborn
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Space
     Spratt
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth
     Young (AK)
     Young (FL)

                                NOES--9

     Farr
     Filner
     Gilchrest
     Honda
     Matsui
     McDermott
     Rahall
     Stark
     Thompson (CA)

                             NOT VOTING--26

     Clarke
     Clay
     Coble
     Crenshaw
     Davis, Jo Ann
     Faleomavaega
     Fortuno
     Goode
     Hastert
     Hayes
     Herger
     Hinojosa
     Hunter
     Jindal
     Johnson, Sam
     Klein (FL)
     Kucinich
     LaHood
     Lantos
     Musgrave
     Paul
     Saxton
     Schmidt
     Skelton
     Tancredo
     Waters

                              {time}  1650

  Mr. McNERNEY changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                Amendment No. 22 Offered by Mr. Cleaver

  The Acting CHAIRMAN. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Missouri 
(Mr. Cleaver) on which further proceedings were postponed and on which 
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 218, 
noes 196, not voting 23, as follows:

                             [Roll No. 830]

                               AYES--218

     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bartlett (MD)
     Bean
     Becerra
     Berkley
     Berman
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bono
     Bordallo
     Boren
     Boswell
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Butterfield
     Capps
     Carnahan
     Carson
     Castle
     Castor
     Chandler
     Christensen
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costello
     Courtney
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Doggett
     Donnelly
     Doyle
     Dreier
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Engel
     English (PA)
     Eshoo
     Etheridge
     Farr
     Fattah
     Ferguson
     Filner
     Fortenberry
     Frank (MA)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gillmor
     Green, Al
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hodes
     Holt
     Honda
     Hooley
     Hoyer
     Inglis (SC)
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Jones (OH)
     Kagen
     Kaptur
     Kennedy
     Kind
     Kingston
     Kirk
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Nadler
     Napolitano
     Neal (MA)
     Norton
     Obey
     Olver
     Pallone
     Pascrell
     Payne
     Perlmutter
     Peterson (MN)
     Platts
     Pomeroy
     Porter
     Price (NC)
     Ramstad
     Rangel
     Reichert
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shuler
     Sires
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Sutton
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Walden (OR)
     Walz (MN)
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--196

     Abercrombie
     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Baker
     Barrett (SC)
     Barton (TX)
     Berry
     Biggert
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Boozman
     Boucher
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capuano
     Cardoza
     Carney
     Carter
     Chabot
     Cole (OK)
     Conaway
     Costa
     Cramer
     Cubin
     Cuellar
     Culberson
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dingell
     Doolittle
     Drake
     Duncan
     Edwards
     Emerson
     Everett
     Fallin
     Feeney
     Flake
     Forbes
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gingrey
     Gohmert
     Gonzalez
     Goodlatte

[[Page H9875]]


     Gordon
     Granger
     Graves
     Green, Gene
     Hall (TX)
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Holden
     Hulshof
     Issa
     Johnson, E. B.
     Jones (NC)
     Jordan
     Kanjorski
     Keller
     Kildee
     Kilpatrick
     King (IA)
     King (NY)
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     Lamborn
     Lampson
     Latham
     LaTourette
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Oberstar
     Ortiz
     Pastor
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Poe
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Salazar
     Sali
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Stupak
     Sullivan
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Visclosky
     Walberg
     Walsh (NY)
     Wamp
     Wasserman Schultz
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--23

     Clarke
     Clay
     Coble
     Crenshaw
     Davis, Jo Ann
     Faleomavaega
     Fortuno
     Goode
     Hastert
     Hayes
     Hinojosa
     Hunter
     Jindal
     Johnson, Sam
     Klein (FL)
     Kucinich
     LaHood
     Lantos
     Paul
     Saxton
     Schmidt
     Skelton
     Tancredo

                              {time}  1654

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  The Acting CHAIRMAN. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Hastings of Florida) having assumed the chair, Mr. Serrano, Acting 
Chairman of the Committee of the Whole House on the state of the Union, 
reported that that Committee, having had under consideration 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, 
pursuant to House Resolution 615, he reported the bill, as amended by 
that resolution, back to the House with sundry further amendments 
adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any further amendment reported from 
the Committee of the Whole? If not, the Chair will put them en gros.
  The amendments were agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


           Motion to Recommit Offered by Mr. Barton of Texas

  Mr. BARTON of Texas. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. BARTON of Texas. In its current form, definitely so.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Barton of Texas moves to recommit the bill, H.R. 3221, 
     to the committees of jurisdiction with instructions to report 
     the same back to the House forthwith with the following 
     amendment:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``American Made Energy and 
     Good Jobs Act''

                      TITLE I--ENERGY AND COMMERCE

                     Subtitle A--Energy Efficiency

     SEC. 1000. SHORT TITLE.

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

                      PART 1--APPLIANCE EFFICIENCY

     SEC. 1001. 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:


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

       (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) Energy conservation standard.--Section 321(6)(A) (42 
     U.S.C. 6291(6)(A)) is amended by striking ``or, in the case 
     of'' and inserting ``and, in the case of residential 
     clotheswashers, residential dishwashers,''.
       (4) 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. 1002. 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.--Section 342(b)(1) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6313(b)(1)) is amended--
       (1) by inserting ``(A)'' before ``Except for definite'';
       (2) by inserting ``and through the end of the 36-month 
     period beginning on the date of enactment of the Energy 
     Efficiency Improvement Act of 2007'' after ``beginning on 
     such date''; and
       (3) by adding at the end the following:
       ``(B) Each general purpose electric motor (subtype I), 
     except as provided in subparagraph (C), 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.
       ``(C) 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

[[Page H9876]]

     than as defined in NEMA MG-1 (2006) Table 12-11.
       ``(D) 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.
       ``(E) 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.''.

     SEC. 1003. 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:


------------------------------------------------------------------------
                                    Minimum Annual
           Boiler Type             Fuel Utilization  Design Requirements
                                      Efficiency
------------------------------------------------------------------------
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.
       ``(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.''.

     SEC. 1004. 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 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 
     reach-in doors. 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) All walk-in freezers shall 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 takes 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 consumption 
     level no later than January 1, 2010.
       ``(F) For condenser fan motors of under one horsepower, use 
     either--
       ``(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 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 
     anti-sweat 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 
     (freezers) and 3.0 watts per square foot of door opening 
     (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 (freezers) and 3.0 watts per square foot 
     of door opening (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

[[Page H9877]]

     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.
       (2) 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 coolers and walk-in freezers within 
     the time frame specified in 342(f)(3) or (4), subsections (b) 
     and (c) of section 327 shall no longer apply to the specific 
     type of walk-in coolers and walk-in freezers 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 coolers 
     and walk-in freezers.
       ``(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.''.

     SEC. 1005. STUDY ON CREATING A REGIONAL STANDARDS PROGRAM FOR 
                   HEATING AND COOLING PRODUCTS.

       (a) Study Required.--The Secretary of Energy shall convene 
     a study group including a representative from the Office of 
     Management and Budget; 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. 
     The group shall evaluate the potential benefits and 
     consequences of allowing the Secretary to prescribe regional 
     standards for heating and cooling products.
       (b) Report Required.--Not later than 12 months after the 
     date of enactment of this Act, the Secretary shall submit a 
     report regarding the findings of the study group to the 
     Committee on Energy and Commerce in the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate.

     SEC. 1006. 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. 1007. 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 (5) as follows:
       ``(5) 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''.

     SEC. 1008. 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 paragraph (6)(A)(i), by striking ``January 1, 
     2010,'' and inserting ``October 24, 1992,'';
       (4) 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,'';
       (5) in paragraph (7)--
       (A) by striking ``manufactured on or after January 1, 
     2010'';
       (B) in each of subparagraphs (A), (B), and (C) , by adding 
     at the beginning ``For equipment manufactured on or after 
     January 1, 2010,''; 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

[[Page H9878]]

     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
       (6) by adding the following new paragraphs at the end:
       ``(10) 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.
       ``(11) 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. 1009. 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 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. 1010. 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--
       ``(B) 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
       ``(C) shall publish notice in the Federal Register of any 
     determination not to amend a test procedure''.

     SEC. 1011. 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

[[Page H9879]]

       (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''.

                      PART 2--LIGHTING EFFICIENCY

     SEC. 1021. ENERGY EFFICIENCY STANDARDS FOR GENERAL SERVICE 
                   INCANDESCENT LAMPS.

       (a) Amendments.--Section 321(30) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291(30)), is amended as follows:
       (1) Delete subsection 30(D) in its entirety, and insert in 
     its place:
       ``(D) The term `general service incandescent lamp' means a 
     standard incandescent or halogen type lamp that: is intended 
     for general service applications; has a medium screw base; 
     has a wattage rating no less than 25 watts and no greater 
     than 150 watts; has a voltage range at least partially within 
     110 and 130 volts; has an 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 equivalent 
     shape as defined in ANSI C78.20-2003; and has a bulb finish 
     of the frosted, clear, soft white, or modified (enhanced) 
     spectrum type. The following incandescent lamps are not 
     general service incandescent lamps:
       ``(i) appliance,
       ``(ii) black light,
       ``(iii) bug,
       ``(iv) colored,
       ``(v) infrared,
       ``(vi) left-hand thread,
       ``(vii) marine,
       ``(viii) marine signal service,
       ``(ix) mine service,
       ``(x) plant light,
       ``(xi) reflector,
       ``(xii) rough service,
       ``(xiii) shatter resistant,
       ``(xiv) sign service,
       ``(xv) silver bowl,
       ``(xvi) showcase,
       ``(xvii) three-way,
       ``(xviii) traffic signal, and
       ``(xix) vibration service or vibration resistant.''.
       (2) Insert after paragraph 30(S) (42 U.S.C. 6291(30)(S)) 
     the following new subparagraph:
       ``(T) The terms `modified spectrum' or `enhanced spectrum' 
     lamp, as related to incandescent lamps, means an incandescent 
     lamp that is not a colored incandescent lamp, and when 
     operated at its rated voltage and wattage:
       ``(i) has a color point with (x,y) chromaticity coordinates 
     on the Commission Internationale de l'Eclairage (C.I.E.) 1931 
     chromaticity diagram that lies below the black-body locus; 
     and
       ``(ii) has a color point with (x,y) chromaticity 
     coordinates on the C.I.E. 1931 chromaticity diagram that lies 
     at least 4 MacAdam steps distant from the color point of a 
     clear lamp with the same filament and bulb shape, operated at 
     the same rated voltage and wattage. The MacAdam steps are 
     defined as referenced in IESNA LM16.
       ``(U) The terms `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, 
     has a maximum wattage of 60 watts, and is sold at retail in 
     packages of 4 lamps or less. The designation shall be on the 
     lamp packaging, and marketing materials shall identify the 
     lamp as being vibration resistant or vibration service.
       ``(V) 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. The lamp is 
     designated and marketed specifically for `rough service' 
     applications. The designation shall appear on the lamp 
     packaging, and marketing materials shall identify the lamp as 
     being for rough service.
       ``(W) The term `three-way lamp' means an incandescent 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.
       ``(X) The term `appliance lamp' means any lamp specifically 
     designed to operate in a household appliance with a maximum 
     wattage of 40 watts and sold at retail. Examples of appliance 
     lamps include oven lamps, refrigerator lamps, and vacuum 
     cleaner lamps. Appliance lamps sold at retail shall be 
     designated and marketed for the intended application. The 
     designation shall be on the lamp packaging, and marketing 
     materials shall identify the lamp as being an appliance lamp.
       ``(Y) The term `shatter-resistant lamp', `shatter-proof 
     lamp', or `shatter-protected' means a lamp with a coating or 
     equivalent technology compliant with NSF/ANSI 51, designed to 
     contain glass in the event the glass envelop of the lamp is 
     broken and provides effective containment over the life of 
     the lamp. The lamp is designed and marketed specifically for 
     applications where it is necessary to contain glass in the 
     event the glass envelop of the lamp is broken. The 
     designation shall be on the lamp packaging, and marketing 
     material shall identify the lamp as being shatter-resistant, 
     shatter-proof or shatter-protected.''.
       (3) Section 322(a)(14) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6292(a)(14), is amended by 
     inserting after ``general service fluorescent lamps' '' the 
     following: ``general service incandescent lamps,''.
       (4) Section 325(i) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6295(i)), is amended as follows:
       (A) Insert in the heading of subsection (i) after ``General 
     Service Fluorescent Lamps'' the following: ``General Service 
     Incandescent Lamps,''.
       (B) Insert in subsection (i), paragraph (1)(A) (42 U.S.C. 
     6295(i)(1)(A)) after ``general service fluorescent lamps'' 
     the following: ``general service incandescent lamps,''.
       (C) Insert in subsection (i), paragraph (1)(A) (42 U.S.C. 
     6295(i)(1)(A)) after ``lamp efficacy'' the following: ``new 
     maximum wattage,''.
       (D) Insert in subsection (i), paragraph (1)(A) (42 U.S.C. 
     6295(i)(1)(A)) after the table titled ``incandescent 
     reflector lamp'' the following table titled ``general service 
     incandescent lamps'':


                    ``CLEAR, INSIDE FROST, AND SOFT WHITE GENERAL SERVICE INCANDESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
                                                             New Maximum
                Common Wattage                  Lumen Range    Wattage                Effective Date
----------------------------------------------------------------------------------------------------------------
100...........................................    1490-2600           72  July 1, 2012.
75............................................    1010-1489           53  January 1, 2014.
60............................................     730-1009           43  January 1, 2015.
40............................................      310-729           29  January 1, 2018.
----------------------------------------------------------------------------------------------------------------



                             ``MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
                                                             New Maximum
                Common Wattage                  Lumen Range    Wattage                Effective Date
----------------------------------------------------------------------------------------------------------------
100...........................................    1118-1950           72  July 1, 2012
75............................................     758-1117           53  January 1, 2014
60............................................      548-757           43  January 1, 2015
40............................................      232-547           29  January 1, 2018
----------------------------------------------------------------------------------------------------------------

       ``All lamps intended for general service (general 
     illumination) applications (whether incandescent or not), 
     with a medium screw base, and with a voltage range at least 
     partially within 110 and 130 volts, and with no external bulb 
     or with a bulb of the frosted,

[[Page H9880]]

     clear, soft white, or modified spectrum types, and 
     manufactured or imported after June 30, 2012 shall have a 
     minimum rated life of 1000 hours and must have a color 
     rendering index (CRI) greater than or equal to 80 for 
     frosted, clear, and soft white lamps, or greater than or 
     equal to 75 for modified spectrum lamps.''.
       (F) Amend paragraph (1)(B) (42 U.S.C. 6295(i)(1)(B)) to 
     read as follows: ``Unless a date is specified in the tables 
     set forth in subparagraph (A), the term `effective date' 
     means the last day of the month set forth in the table which 
     follows October 24, 1992.''.
       (G) Amend paragraph (5) (42 U.S.C. 6295(5)) by deleting the 
     term ``general service incandescent lamps''.
       (H) Amend paragraphs (6) and (7) (42 U.S.C. 6295(i)(6) and 
     (7)) as follows:
       (i) Redesignate paragraph (6) as (7) and paragraph (7) as 
     (8), respectively.
       (ii) Insert a new paragraph (6) to read as follows:
       ``(6)(A) Not later than January 1, 2015, the Secretary 
     shall initiate a rulemaking procedure to determine if 
     standards in effect for general service incandescent lamps 
     should be amended to reflect lumen ranges with more stringent 
     maximum wattages than those set forth in subparagraph (1)(A). 
     This rulemaking shall not be limited to incandescent lamp 
     technologies. The Secretary will also determine whether the 
     exemptions for certain incandescent lamps should be 
     maintained or discontinued. The Secretary may also give 
     consideration to the feasibility of obtaining an efficacy of 
     up 60 lumens per watt in determining whether the standards 
     should be amended. In the event the Secretary determines that 
     the standards in effect for general service incandescent 
     lamps should be amended, the Secretary shall publish a final 
     rule not later than January 1, 2017 with an effective date no 
     earlier than three years from the date the final rule is 
     published. The Secretary shall also consider phased-in 
     effective dates after considering the impact of any amendment 
     on manufacturers, retiring and re-purposing existing 
     equipment, the cost impact of stranded investments, labor 
     contracts, impact on workers, the cost of raw materials, and 
     the time needed to work with retailers and lighting designers 
     to revise sales and marketing strategies.
       ``(B) Not later than January 1, 2020, the Secretary shall 
     initiate another rulemaking procedure to determine if 
     standards in effect for general service incandescent lamps 
     should be amended to reflect lumen ranges with more stringent 
     maximum wattages than those set forth in subparagraph (1)(A). 
     This rulemaking shall not be limited to incandescent lamp 
     technologies. The Secretary will also determine whether the 
     exemptions for certain incandescent lamps should be 
     maintained or discontinued. The Secretary may also give 
     consideration to the feasibility of obtaining an efficacy of 
     up 60 lumens per watt in determining whether the standards 
     should be amended. In the event the Secretary determines that 
     the standards in effect for general service incandescent 
     lamps should be amended, the Secretary shall publish a final 
     rule not later than January 1, 2022 with an effective date no 
     earlier than three years from the date a final rule is 
     published. The Secretary may also consider phased-in 
     effective dates after considering the impact of any amendment 
     on manufacturers, retiring and re-purposing existing 
     equipment, the cost impact of stranded investments, labor 
     contracts, impact on workers, the cost of raw materials, and 
     the time needed to work with retailers and lighting designers 
     to revise sales and marketing strategies.''.
       (I) Amend section 325(l) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295(l)), by adding at the end a 
     new paragraph (4) as follows:
       ``(4) The Secretary shall prescribe an energy efficiency 
     standard for rough service, vibration service, three-way A-
     line lamps, 150 watt A-line lamps, and shatter-resistant 
     lamps, only under the following circumstances:
       ``(A) Within 60 days following the date of enactment of the 
     Energy Efficiency Improvement Act of 2007, the Secretary, in 
     consultation with the National Electrical Manufacturers 
     Association, shall collect annual United States unit sales 
     for the calendar years 1990-2006 for each of these four types 
     of lamps to determine their historical growth rate and 
     construct a model for each type of lamp based on coincident 
     economic indicators that closely matches the historical 
     annual growth rate of these lamps to provide a neutral 
     comparison benchmark to model future unit sales after 
     calendar year 2006.
       ``(B) Beginning in calendar year 2010 and for each calendar 
     year through 2025, the Secretary, in consultation with the 
     National Electrical Manufacturers Association, shall collect 
     actual United States unit sales data for these five types of 
     lamps and calculate a rolling 3-year average sales rate for 
     each type of lamp.
       ``(C) The first year that the reported 3-year average shows 
     actual unit sales of rough service lamps achieving levels at 
     least 100 percent higher than modeled unit sales for that 
     same year, then the Secretary is directed to issue a finding 
     that the index has been exceeded. The Secretary is directed 
     to issue that finding within 90 days of the end of the 
     previous calendar year, and within 12 months from the end of 
     the previous calendar year for which the Secretary issues 
     that finding, the Secretary shall complete an accelerated 
     rulemaking to establish an energy conservation standard for 
     rough service lamps. If the Secretary fails to complete an 
     accelerated rulemaking within 12 months as required, the 
     Secretary shall require a shatter proof coating or equivalent 
     compliant with NSF/ANSI 51, designed to contain glass in the 
     event the glass envelop of the lamp is broken and provides 
     effective containment over the life of the lamp, on rough 
     service lamps, which can only sold at retail in packages of 
     one lamp, effective one year from the end of the rulemaking 
     period.
       ``(D) The first year that the reported 3-year average shows 
     actual unit sales of vibration service lamps achieving levels 
     at least 100 percent higher than modeled unit sales for that 
     same year, then the Secretary is directed to issue a finding 
     that the index has been exceeded. The Secretary is directed 
     to issue that finding within 90 days of the end of the 
     previous calendar year, and within 12 months from the end of 
     the previous calendar year for which the Secretary issues 
     that finding, the Secretary shall complete an accelerated 
     rulemaking to establish an energy conservation standard for 
     vibration service lamps. If the Secretary fails to complete 
     an accelerated rulemaking within 12 months as required, the 
     Secretary shall impose a maximum 40W cap upon vibration 
     service lamps, effective one year from the end of the 
     rulemaking period.
       ``(E) The first year that the reported 3-year average shows 
     actual unit sales of three-way lamps achieving levels at 
     least 100 percent higher than modeled unit sales for that 
     same year, then the Secretary is directed to issue a finding 
     that the index has been exceeded. The Secretary is directed 
     to issue that finding within 90 days of the end of the 
     previous calendar year, and within 12 months from the end of 
     the previous calendar year for which the Secretary issues 
     that finding, the Secretary shall complete an accelerated 
     rulemaking to establish an energy conservation standard for 
     three-way lamps. If the Secretary fails to complete an 
     accelerated rulemaking within 12 months as required, the 
     Secretary shall impose a requirement that each filament in 
     the lamp meet the new maximum wattage requirements for the 
     respective lumen range set forth in paragraph (1)(A), 
     effective one year from the end of the rulemaking period.
       ``(F) The first year that the reported 3-year average shows 
     actual unit sales of 150 watt A-line lamps for the lumen 
     range of 2601-3300 lumens (or for modified spectrum lumen 
     range of 1951-2475 lumens) achieving levels at least 100 
     percent higher than modeled unit sales for that same year, 
     then the Secretary is directed to issue a finding that the 
     index has been exceeded. The Secretary is directed to issue 
     that finding within 90 days of the end of the previous 
     calendar year, and within 12 months from the end of the 
     previous calendar year for which the Secretary issues that 
     finding, the Secretary shall complete an accelerated 
     rulemaking to establish an energy conservation standard for 
     150 watt A-line lamps. If the Secretary fails to complete an 
     accelerated rulemaking within 12 months as required, the 
     Secretary shall impose a maximum 95 watt cap upon these 
     products for the lumen range of 2601-3300 lumens, which must 
     be sold in packages of one lamp. For modified spectrum lamps, 
     a 95 watt cap applies for products in the lumen range of 
     1951-2475 lumens, which must be sold in packages of one lamp.
       ``(G) The first year that the reported 3-year average shows 
     actual unit sales of shatter resistant lamps achieving levels 
     at least 100 percent higher than modeled unit sales for that 
     same year, then the Secretary is directed to issue a finding 
     that the index has been exceeded. The Secretary is directed 
     to issue that finding within 90 days of the end of the 
     previous calendar year, and within 12 months from the end of 
     the previous calendar year for which the Secretary issues 
     that finding, the Secretary shall complete an accelerated 
     rulemaking to establish an energy conservation standard for 
     shatter resistant lamps. If the Secretary fails to complete 
     an accelerated rulemaking within 12 months as required, the 
     Secretary shall require shatter resistant lamps sold at 
     retail in only packages of one lamp, effective one year from 
     the end of the rulemaking period.
       ``(H) If the Secretary issues a final rule prior to 2025 
     establishing an energy conservation standard for any of the 
     five types of lamps for which data collection is required by 
     this subsection, the requirement of this subsection to 
     collect and model data for that type of lamp shall terminate, 
     except in the case where the Secretary imposes a requirement 
     established by the provisions of this subsection as a result 
     of a failure to complete an accelerated rulemaking within 12 
     months, in which case the data collection and modeling shall 
     continue for another two years after the effective date of 
     that requirement.''.
       (b) Consumer Education and Lamp Labeling.--
       (1) Section 324(a)(2)(C) of the Energy Policy and 
     Conservation Act is amended by adding at the end the 
     following new clauses:
       ``(iii) Within 180 days of the date of enactment of this 
     section, the Commission shall initiate a rulemaking to 
     consider the effectiveness of current lamp labeling for power 
     levels (watts), light output (lumens), and lamp lifetime, and 
     to consider alternative labeling approaches that will help 
     consumers to understand new high-efficiency lamp products and 
     to base their purchase decisions on the most appropriate lamp 
     product that meets their requirements for lighting level,

[[Page H9881]]

     light quality, lamp lifetime, and total lifecycle cost. The 
     Commission shall complete this rulemaking within two years of 
     enactment of this section, and shall consider re-opening the 
     rulemaking within 180 days prior to the effective dates of 
     the standards for general service incandescent lamps 
     established in section 325(i)(1)(A) (42 U.S.C. 
     6295(i)(1)(A)), if it determines that further labeling 
     changes are needed to help consumers understand lamp 
     alternatives.
       ``(iv) The Secretary, in cooperation with the Administrator 
     of the Environmental Protection Agency, the Secretary of 
     Commerce, the Federal Trade Commission, lighting and retail 
     industry associations, energy efficiency organizations, and 
     any other entities that the Secretary determines to be 
     appropriate, shall--
       ``(I) conduct an annual assessment of the market for 
     general service lamps and compact fluorescent lamps to 
     identify trends in the market shares of lamp types, 
     efficiencies, and light output levels purchased by 
     residential and non-residential consumers, and to better 
     understand the degree to which consumer decision-making is 
     based on lamp power levels (watts), light output (lumens), 
     lamp lifetime, and other factors including but not limited to 
     the information required on FTC-mandated labels;
       ``(II) provide the results of this market assessment to the 
     FTC for consideration in the rulemaking described in 
     subsection (a); and
       ``(III) carry out, in cooperation with industry trade 
     associations, lighting industry members, utilities, and other 
     interested parties a proactive national program of consumer 
     awareness, information, and education that broadly utilizes 
     the media and other effective communication techniques over 
     an extended period of time to help consumers understand the 
     lamp labels and make energy-efficient lighting choices that 
     meet their needs.''.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out the 
     amendments made by this section $10,000,000 for each of the 
     fiscal years 2008 through 2012, to remain available until 
     expended.
       (c) Enforcement.--Section 334 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6304) is amended in the second 
     sentence by inserting after ``shall be brought by the 
     Secretary'' the following: ``; and any such action to 
     restrain any person from distributing in commerce a general 
     service incandescent lamp that does not comply with the 
     applicable standard established under section 325(i) of this 
     title may also be brought by an attorney general of a State 
     in the name of the State.''.
       (d) Other Provisions.--Section 327(b) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6297(b)) is amended by 
     inserting before the semicolon at the end of paragraph (1) 
     ``, or in the case of any portion of any regulation that 
     establishes requirements for general service incandescent 
     lamps, was adopted by the California Energy Commission or by 
     the State of Nevada before July 27, 2007, or in the case of 
     any portion of any regulation that incorporates the specific 
     lumen ranges and new maximum wattages established in section 
     325(i)(1)(A) for (i) general service incandescent lamps in 
     the lumen range 1490-2600 lumens and establishes an effective 
     date no earlier than July 1, 2012, or (ii) general service 
     incandescent lamps in the lumen ranges 1010-1489 lumens, 730-
     1009 lumens, and 310-729 lumens and establishes an effective 
     date no earlier than 1 year prior to the effective date 
     established for such lamps in section 325(i)(1)(A), adopted 
     by the California Energy Commission no later than two years 
     prior to the effective date established for such lamps in 
     section 325(i)(1)(A)''.
       (e) Prohibited Acts.--Section 332(a) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6302(a)) is amended--
       (1) in paragraph (5), by striking ``; and'' and inserting a 
     semicolon; and
       (2) by adding at the end the following new paragraph:
       ``(6) for any manufacturer, distributor, retailer, or 
     private labeler to distribute in commerce an adapter designed 
     to allow a lamp that does not have a medium screw base, with 
     a voltage range at least partially within 110 and 130 volts, 
     to be installed into a fixture or lampholder with a medium 
     screw base socket.''.

     SEC. 1022. 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:
       ``(52) The term `BPAR incandescent reflector lamp' means a 
     reflector lamp as shown in figure C78.21-278 on page 32 of 
     ANSI C78.21-2003.
       ``(53)(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.
       ``(54)(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.
       ``(55) The term `R20 incandescent reflector lamp' means a 
     reflector lamp that has a face diameter of approximately 2.5 
     inches, as shown in figure 1(R) on page 7 of ANSI C79.1-
     1994.''.
       (b) Standards for Fluorescent Lamps and Incandescent 
     Reflector Lamps.--Section 325(i) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6925(i)) is amended by striking 
     paragraph (1) and inserting the following:
       ``(1) Standards.--
       ``(A) Definition of effective date.--In this paragraph, 
     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
----------------------------------------------------------------------------------------------------------------
                                                                                          Minimum
                                                                                          Average     Effective
                  Lamp Type                       Nominal Lamp Wattage     Minimum CRI      Lamp         Date
                                                                                          Efficacy    (Period of
                                                                                           (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
----------------------------------------------------------------------------------------------------------------



[[Page H9882]]


                     ``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. 1023. 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 C78.43-2004. 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 50  deg.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 11, 2022, if the 
     Secretary misses the deadline specified in paragraph (3) of 
     section 325(gg).''.

     SEC. 1024. 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

[[Page H9883]]

     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. 1025. PROTECTING CHILDREN AND SENSITIVE PERSONS FROM 
                   MERCURY.

       Notwithstanding any requirements to increase energy 
     efficient lighting in public buildings, no school, hospital, 
     nursing home, or daycare center can be compelled to install 
     or utilitze such energy efficient lighting technology if that 
     energy efficient lighting technology contains mercury.

                   PART 3--RESIDENTIAL WEATHERIZATION

     SEC. 1031. 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. 1032. 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''.
       (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. 1041. DEFINITIONS.

       In this part:
       (1) Federal facility.--
       (A) In general.--The term ``Federal facility'' means any 
     building or facility the intended use of which requires the 
     building or facility to be--
       (i) accessible to the public; and
       (ii) constructed or altered by or on behalf of the United 
     States.
       (B) Exclusions.--The term ``Federal facility'' does not 
     include a privately-owned residential or commercial structure 
     that is not leased by the Federal Government.
       (2) High-performance green building.--The term ``high-
     performance green building'' means a building that, during 
     its life-cycle--
       (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 Secretary considers to be 
     appropriate.
       (3) Life-cycle.--The term ``life-cycle'', with respect to a 
     high-performance green building, means all stages of the 
     useful life of the building (including components, equipment, 
     systems, and controls of the building) beginning at 
     conception of a green building project and continuing through 
     site selection, design, construction, landscaping, 
     commissioning, operation, maintenance, renovation, 
     deconstruction or demolition, removal, and recycling of the 
     green building.
       (4) 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.
       (5) 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.
       (6) Practices.--The term ``practices'' mean design, 
     financing, permitting, construction, commissioning, operation 
     and maintenance, and other practices that contribute to 
     achieving zero-net-energy commercial buildings.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (8) Zero-net-energy.--The term ``zero-net-energy commercial 
     building'' means a building that is designed, constructed, 
     and operated to--
       (A) produce on site and distribute as much energy on an 
     annual basis as it uses from external sources;
       (B) result in no net emissions of greenhouse gases; and
       (C) be economically viable to construct and operate, 
     through a combination of ultra energy-efficient building 
     materials and equipment, effective control systems, and 
     onsite power generation from renewable or other energy 
     sources; and

     SEC. 1042. HIGH-PERFORMANCE GREEN BUILDINGS.

       (a) Policy.--It shall be the policy of the United States 
     that all Federal buildings shall be high-performance green 
     buildings, to

[[Page H9884]]

     the extent that it is cost-justified. The Secretary shall 
     provide technical assistance to other departments and 
     agencies to achieve this policy.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, and biennially thereafter, the 
     Secretary shall submit to Congress a report that--
       (1) describes the status of the green building initiatives 
     by the Department and other Federal programs in effect as of 
     the date of the report, including--
       (A) the extent to which the programs are being carried out; 
     and
       (B) the status of funding requests and appropriations for 
     those programs;
       (2) summarizes and highlights development, at the State and 
     local level, of green building initiatives, including 
     executive orders, policies, or laws adopted promoting green 
     building (including the status of implementation of those 
     initiatives); and
       (3) 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 
     paragraph (1) of this subsection.

     SEC. 1043. ZERO-NET-ENERGY COMMERCIAL BUILDINGS GOAL.

       (a) Goal.--The Secretary, in collaboration with 
     stakeholders, shall study, refine, and adopt a national goal 
     to reduce commercial building energy use and achieve zero-
     net-energy commercial buildings. Unless the Secretary 
     concludes that such targets are unachievable or unrealistic 
     or not cost effective, the goal shall include the objective 
     that all new commercial buildings constructed after the 
     beginning of 2025 are zero-net-energy commercial buildings.
       (b) Federal Compliance With Goal.--The Secretary shall 
     further identify and adopt a strategy of development and 
     widespread deployment of technologies, practices, and 
     policies leading to zero-net-energy performance for all 
     Federal buildings in accordance with the adopted goal.

     SEC. 1044. PUBLIC OUTREACH.

       The Secretary shall carry out public outreach to inform 
     individuals and entities of the information and services 
     available Government-wide by--
       (1) establishing and maintaining a national high-
     performance green building clearinghouse, including on the 
     Internet, that--
       (A) identifies existing similar efforts and coordinates 
     activities of common interest; and
       (B) provides information relating to high-performance green 
     buildings, including hyperlinks to Internet sites that 
     describe 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 
     Secretary 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) assisting the budget and life-cycle costing functions;
       (11) studying and identifying potential benefits of green 
     buildings relating to security, natural disaster, and 
     emergency needs of the Federal Government; and
       (12) supporting other research initiatives determined by 
     the Secretary.

     SEC. 1045. INCENTIVES.

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

     SEC. 1046. 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 Secretary 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. 1047. DEMONSTRATION PROJECT.

       The Secretary shall develop guidelines and best practices 
     to implement Federal high-performance green buildings.

     SEC. 1048. 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.

[[Page H9885]]

       (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 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 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. 1049. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--In addition to amounts authorized under 
     subsection (b), there are authorized to be appropriated to 
     carry out this part--
       (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) Energy Efficiency for Data Center Buildings.--There are 
     authorized to be appropriated to each of the Secretary and 
     the Administrator for carrying out section 1048 $250,000 for 
     each of the fiscal years 2008 through 2012.

                  PART 5--INDUSTRIAL ENERGY EFFICIENCY

     SEC. 1061. 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 `Secretary' means the Secretary of Energy, 
     in consultation with the Federal Energy Regulatory 
     Commission.
       ``(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 Secretary 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 
     Secretary, 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 Secretary 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 Secretary 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 Secretary 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 Secretary 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 Secretary.
       ``(2) The Secretary shall register and include on the 
     Registry all sites meeting the criteria of subsection (b). 
     The Secretary 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 Secretary shall notify owners or operators of 
     Recoverable Waste-Energy

[[Page H9886]]

     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 
     Secretary 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 Secretary 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 Secretary shall not list any source constructed 
     after the date of the enactment of this Part on the Registry 
     if the Secretary 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 Secretary may 
     self-certify their sites or sources to the Secretary for 
     inclusion in the Registry, subject to procedures adopted by 
     the Secretary. To prevent a fraudulent listing, the sources 
     shall be included on the Registry only if the Secretary 
     confirms the submitted data, at the Secretary'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 Secretary 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 Secretary 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 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 Secretary 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. 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 
     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)

[[Page H9887]]

     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 Secretary 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 Secretary 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. 375. 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:

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

            PART 6--ENERGY EFFICIENCY OF PUBLIC INSTITUTIONS

     SEC. 1071. 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 ``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;
       (3) 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;
       (4) 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
       (5) 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. 1072. 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.

[[Page H9888]]

     SEC. 1073. 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. 1074. 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''.

               Subtitle B--Smart Grid and Demand Response

     SEC. 1101. 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.
       (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. 1102. GRID ASSESSMENT AND REPORT.

       (a) In General.--The Secretary of Energy, in consultation 
     with the Federal Energy Regulatory 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 Secretary 
     of Energy, in consultation with the Federal Energy Regulatory 
     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 
     part.
       (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,

[[Page H9889]]

     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 Congress and other Federal 
     officers on actions they should take to assist.

     The Secretary of Energy, in consultation with the Federal 
     Energy Regulatory 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 Secretary of Energy, in 
     consultation with the Federal Energy Regulatory Commission 
     shall maintain the confidentiality of utility-specific or 
     specific security-related information. The Secretary of 
     Energy, in consultation with the Federal Energy Regulatory 
     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 Secretary of Energy, in consultation with the Federal 
     Energy Regulatory 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) Interoperability Protocols and Model Standards for 
     Information Management.--
       (1) In general.--The Secretary of Energy, in consultation 
     with the Federal Energy Regulatory Commission shall work with 
     Smart Grid stakeholders to lead towards the earliest feasible 
     development of flexible, uniform, and consensus protocols or 
     model standards for information management among and 
     interoperability of smart grid devices and systems. Such 
     protocols and model standards shall allow such devices to 
     communicate and function over multiple technologies, 
     including wireless, cable, satellite, broadband-over-power 
     line, and telephone. Such protocols and model standards 
     should align policy, business, and technology approaches in a 
     way that enables all electric resources, including demand 
     side resources, to contribute to an efficient, reliable 
     electricity network, on an automated basis, as appropriate.
       (2) Scope of protocols and model standards.--The protocols 
     and model standards shall accommodate centralized and 
     distributed generation, transmission and distribution 
     resources, including advanced technologies to improve the 
     efficiency and reliability of the electric power transmission 
     and distributions system, renewable generation, energy 
     storage, energy efficiency, and demand response and enabling 
     devices and systems.
       (3) Establishment of working group.--Not later than 90 days 
     after the date of enactment of this Act the Secretary of 
     Energy, in consultation with the Federal Energy Regulatory 
     Commission shall establish a working group comprised of 
     electric industry experts to assist in developing the 
     protocols and model standards described in this subsection 
     and guide the Federal participation in that process. Members 
     appointed to the working group shall represent the various 
     sectors of the electricity industry, including sectors 
     relating to the generation, transmission, distribution and 
     end-user.
       (4) Development of protocols and model standards.--In 
     developing the protocols and model standards, the working 
     group shall consult with expert groups such as the Gridwise 
     Architecture Council, the Institute of Electrical and 
     Electronics Engineers, other electric industry groups, 
     customer and manufacturer groups, and any appropriate Federal 
     and State agencies. The proposed protocols and model 
     standards shall be made available in the public domain, 
     except to the extent they may allow or create threats to grid 
     reliability and security.
       (5) Proposal for protocols and model standards.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the working group shall submit to the 
     Secretary of Energy, in consultation with the Federal Energy 
     Regulatory Commission recommendations concerning development 
     of proposed protocols and model standards and recommendations 
     for Federal support in the implementation of such protocols 
     and model standards.
       (B) Review by the secretary of energy, in consultation with 
     the federal energy regulatory commission.--On receipt of the 
     recommendations under subparagraph (A), the Secretary of 
     Energy, in consultation with the Federal Energy Regulatory 
     Commission shall take such action as necessary to encourage 
     the adoption of the protocols and model standards and their 
     implementation.
       (C) Publication of protocols and model standards.--The 
     Secretary of Energy, in consultation with the Federal Energy 
     Regulatory Commission shall publish, not later than 3 years 
     after the date of the enactment of this Act, and every two 
     years thereafter, a report on the status of interoperability 
     of smart grid technologies, and the availability of protocols 
     and model standards to allow such interoperability.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out the purposes of this section 
     the sum of $25,000,000 for each of the fiscal years 2008 
     through 2012, and such sums as may be necessary thereafter 
     through fiscal year 2018.

     SEC. 1103. 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 
     investment that is not in compliance with such standard.
       (3) After the development and publication by the Secretary 
     of Energy, in consultation with the Federal Energy Regulatory 
     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.

[[Page H9890]]

       (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 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. 1104. 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 Federal Energy Regulatory 
     Commission shall develop and declare a standard for the 
     collection, presentation and delivery of information to 
     electricity purchasers.
       (c) Application of Smart Grid Information Standard to 
     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 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.

     SEC. 1105. 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:
       ``(18) 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.
       ``(19) 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.
       ``(20) 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.
       ``(21) 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 Federal 
     Energy Regulatory Commission under section 1106(b) of the 
     American Made Energy and Good Jobs Act 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

[[Page H9891]]

     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 (18) through (20) of 
     section 111(d). Not later than 6 months after the 
     promulgation of rules by the Federal Energy Regulatory 
     Commission under section 1106(b) of the American Made Energy 
     and Good Jobs Act, 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 (21) 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 (18) through (20) of section 111(d). Not later 
     than 18 months after the promulgation of rules by the Federal 
     Energy Regulatory Commission under section 1106(b) of the 
     American Made Energy and Good Jobs Act 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 (21) 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 (18) through (21) 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 (18) through (20)'' 
     before ``of such 111(d)'' .

     SEC. 1106. DOE STUDY OF SECURITY ATTRIBUTES OF SMART GRID 
                   SYSTEMS.

       (a) DOE Study.--The Secretary of Energy shall, within 6 
     months after the he completes the first biennial assessment 
     and report under section 1102 of the American Made Energy and 
     Good Jobs 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 (P.L. 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.

                 Subtitle C--Loan Guarantee Improvement

     SEC. 1201. AMOUNT OF LOANS GUARANTEED.

       Section 1702(c) of the Energy Policy Act of 2005 (42 U.S.C. 
     16512(c)) is amended 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.''.

     SEC. 1202. 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--Fuels and Transportation

                    PART 1--FUELS AND TRANSPORTATION

     SEC. 1301. ALTERNATIVE FUELS PROGRAM.

       (a) In General.--Section 211 of the Clean Air Act (42 
     U.S.C. 4575) is amended by adding the following new 
     subsection at the end thereof:
       ``(t) Alternative Fuel Program.--
       ``(1) Definitions.--In this section_
       ``(A) Alternative fuel.--
       ``(i) In general.--The term `alternative fuel' means the 
     portion of any motor vehicle or nonroad fuel, as measured by 
     volume, that consists of--

       ``(I) renewable fuel;
       ``(II) methanol, denatured ethanol, butanol, and other 
     alcohols;
       ``(III) natural gas, including liquid fuels domestically 
     produced from natural gas;
       ``(IV) liquefied petroleum gas;
       ``(V) hydrogen;
       ``(VI) qualifying coal-derived liquid fuel;
       ``(VII) fuels (not including a fuel that consists of 
     alcohol) derived from biological materials (including 
     biodiesel);
       ``(VIII) electricity provided from the electric power 
     transmission and distribution system; and
       ``(IX) any other fuel that the Administrator determines, by 
     rule, is not derived from crude oil and would yield energy 
     security benefits or environmental benefits.

       ``(ii) Qualifying coal-derived liquid fuel.--The term 
     `qualifying coal-derived liquid fuel' means liquid fuel 
     produced by a project that--

       ``(I) converts coal to one or more liquid or gaseous 
     transportation fuels;
       ``(II) demonstrates the capture, and sequestration or 
     disposal or use of, the carbon dioxide produced in the 
     conversion process; and
       ``(III) on the basis of a carbon dioxide sequestration plan 
     prepared by the applicant, is certified by the Administrator, 
     in consultation with the Secretary of Energy, as producing 
     fuel with life cycle carbon dioxide emissions at or below the 
     average life cycle carbon dioxide emissions for the same type 
     of fuel produced at traditional petroleum based facilities 
     with similar annual capacities.

       ``(iii) Blending components.--The term `alternative fuel' 
     includes any portion of a blending component that is derived 
     from an alternative fuel.
       ``(B) Nonroad fuel.--The term `nonroad fuel' means fuel 
     that is used, intended for use, or made available for use as 
     a fuel in a nonroad engine or a nonroad vehicle.
       ``(C) Obligated party.--The term `obligated party' means 
     any refiner, blender, or importer of motor vehicle, or 
     nonroad, gasoline or diesel fuel, that is designated an 
     obligated party under regulations issued by the Administrator 
     for purposes of this subsection.
       ``(D) Other terms.--The terms used in this subsection have 
     the same meaning as when used in subsection (o).
       ``(2) Alternative fuel regulations.--
       ``(A) Standard.--Not later than 2 years after the date of 
     enactment of this subsection, and from time to time 
     thereafter, the Administrator shall promulgate regulations to 
     ensure that motor vehicle and nonroad fuel sold or introduced 
     into commerce in the United States, on an annual average 
     basis, contains the applicable volume of alternative fuel 
     determined in accordance with this subsection.
       ``(B) Provisions of regulations.--Regardless of the date of 
     promulgation, the regulations promulgated under subparagraph 
     (A)--
       ``(i) shall contain compliance provisions applicable to 
     refiners, blenders, distributors, and importers, as 
     appropriate, to ensure that the requirements of this 
     paragraph are met; but

[[Page H9892]]

       ``(ii) shall not--

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

       ``(3) Applicable volume.--For the purpose of the 
     regulations under this subsection, the applicable volume (in 
     billions of gallons) shall be determined under this 
     paragraph.
       ``(A) Calendar years 2013 through 2025.--The applicable 
     volume (in billions of gallons) for the calendar years 2013 
     through 2025 shall be as provided in the following table:


------------------------------------------------------------------------
                 calendar year                      applicable volume
------------------------------------------------------------------------
2013...........................................                       14
2014...........................................                       15
2015...........................................                       16
2016...........................................                       17
2017...........................................                       18
2018...........................................                       19
2019...........................................                       20
2020...........................................                       21
2021...........................................                       23
2022...........................................                       26
2023...........................................                       29
2024...........................................                       32
2025...........................................                       35
------------------------------------------------------------------------

       ``(B) Calendar year 2026 and thereafter.--Except as 
     otherwise provided in this paragraph, the applicable volume 
     for calendar year 2026 and each calendar year thereafter 
     shall be determined by rule by the Administrator, in 
     coordination with the Secretary of Agriculture and the 
     Secretary of Energy, based on a review of the implementation 
     of the program under this subsection during calendar years 
     2020 through 2025, including a review of each of the 
     following:
       ``(i) The impact of the use of alternative fuels on the 
     energy security of the United States.
       ``(ii) The impact of the use of alternative fuels on public 
     health and the environment, including air and water quality.
       ``(iii) The expected annual rate of future production of 
     alternative fuels.
       ``(iv) The impact of alternative fuels on the 
     infrastructure of the United States, including the 
     deliverability of materials, goods, and products other than 
     alternative fuels, and the sufficiency of the infrastructure 
     to deliver alternative fuel.
       ``(v) The impact of the use of alternative fuels on job 
     creation, the price and supply of agricultural commodities, 
     and rural economic development.
       ``(C) Minimum applicable volume for calendar year 2026 and 
     thereafter.--For the purpose of subparagraph (B), the minimum 
     applicable volume for calendar year 2026 and each calendar 
     year thereafter shall be equal to the product obtained by 
     multiplying the number obtained under clause (i) by the ratio 
     obtained under clause (ii).
       ``(i) The number of gallons of motor vehicle and nonroad 
     fuel that the Administrator estimates will be sold or 
     introduced into commerce in the calendar year.
       ``(ii) The ratio that--

       ``(I) 35,000,000,000 gallons of alternative fuel bears to
       ``(II) the number of gallons of motor vehicle and nonroad 
     fuel sold or introduced into commerce in calendar year 2025.

       ``(4) Alternative fuel percentages.--
       ``(A) Provision of estimate of volumes of motor vehicle and 
     nonroad fuel sales.--Not later than October 31, 2012, and 
     annually thereafter, the Administrator of the Energy 
     Information Administration shall provide to the Administrator 
     of the Environmental Protection Agency an estimate, with 
     respect to the following calendar year, of the volumes of 
     motor vehicle and nonroad fuel projected to be sold or 
     introduced into commerce in the United States during the 
     following calendar year.
       ``(B) Determination of percentages.--Not later than 
     November 30 of each calendar year after 2012, based on the 
     estimate provided under subparagraph (A), the Administrator 
     shall determine and publish in the Federal Register, with 
     respect to the following calendar year, the percentage of the 
     projected volume of motor vehicle and nonroad fuel that must 
     be alternative fuel in order to ensure that the applicable 
     volume requirements of paragraph (3) are met.
       ``(C) Required elements.--The alternative fuel obligation 
     determined for a calendar year under subparagraph (B) shall--
       ``(i) be applicable to refiners, blenders, and importers of 
     motor vehicle and nonroad gasoline and diesel fuel, as 
     appropriate;
       ``(ii) be expressed in terms of a volume percentage of 
     motor vehicle and nonroad fuel sold or introduced into 
     commerce in the United States; and
       ``(iii) subject to clause (i), consist of a single 
     applicable percentage that applies to all categories of 
     persons specified in clause (i).
       ``(D) Adjustments.--In determining the alternative fuel 
     percentage for a calendar year, the Administrator shall make 
     adjustments to prevent the imposition of redundant 
     obligations on any obligated party.
       ``(5) Compliance values.--
       ``(A) Table.--The Administrator shall assign a compliance 
     value for each alternative fuel in accordance with the 
     following table to be used as a multiplier to determine the 
     extent to which each gallon or other specified unit of the 
     alternative fuel will satisfy the alternative fuel volume 
     obligation under this subsection:


------------------------------------------------------------------------
                                    Compliance   Compliance   Compliance
                                     Values,      Values,      Values,
           ``Fuel type             Years 2013-  Years 2016-  Years After
                                       2015        2020          2020
------------------------------------------------------------------------
Ethanol (non-Cellulosic).........          1.0          1.0          1.0
------------------------------------------------------------------------
Ethanol (Cellulosic).............          2.5          1.0          1.0
------------------------------------------------------------------------
Biodiesel........................          1.4          1.4          1.4
------------------------------------------------------------------------
Gas-to-Liquid Diesel Fuel........          1.5          1.5          1.5
------------------------------------------------------------------------
Coal-to-Liquid Diesel Fuel.......          1.5          1.5          1.5
------------------------------------------------------------------------
Compressed Natural Gas (78                 1.0          1.0          1.0
 standard cubic feet)............
------------------------------------------------------------------------
Liquefied Natural Gas............          1.0          1.0          1.0
------------------------------------------------------------------------
Liquefied Petroleum Gas..........          1.1          1.1          1.1
------------------------------------------------------------------------
Electricity (6.4 kilowatt-hours).          2.5          2.5          1.0
------------------------------------------------------------------------
Gaseous Hydrogen (132 standard             2.5          2.5          1.0
 cubic feet).....................
------------------------------------------------------------------------
Liquid Hydrogen..................          2.3          2.3          0.8
------------------------------------------------------------------------
Methanol.........................          0.8          0.8          0.8
------------------------------------------------------------------------
Butanol..........................          1.3          1.3          1.3
------------------------------------------------------------------------
Bio-Butanol......................          1.3          1.3          1.3
------------------------------------------------------------------------

     All values are expressed in terms of gallons unless otherwise 
     specified.
       ``(B) Authority of the administrator.--
       ``(i) In general.--In accordance with the requirements 
     described in clause (ii), the Administrator may by rule--

       ``(I) add fuel types to the table contained in subparagraph 
     (A);
       ``(II) revise any fuel type or compliance value referred to 
     in the table contained in subparagraph (A); and
       ``(III) assign each new or revised category or subcategory 
     of an alternative fuel type an appropriate compliance value.

       ``(ii) Calculation of compliance values.--When the 
     Administrator assigns or revises the compliance value for an 
     alternative fuel type, the Administrator shall establish that 
     compliance value equal to the ratio of the energy content of 
     the alternative fuel to the energy content of ethanol. No 
     compliance value for the years 2013 through 2020 may be 
     revised by the Administrator under this subparagraph for 
     electricity, gaseous hydrogen, or liquid hydrogen or for the 
     years 2013 through 2015 for cellulosic ethanol.
       ``(6) Compliance with standard; use of identification 
     numbers.--
       ``(A) Generation and assignment.--Regulations promulgated 
     under this subsection shall provide that the producer or 
     importer of any alternative fuel shall generate and assign to 
     each batch or other quantifiable unit (as determined by the 
     Administrator) a

[[Page H9893]]

     unique identification number (except as provided in 
     subparagraph (B)).
       ``(B) Electricity.--The regulations of the Administrator 
     under this subsection shall establish a process for 
     generating and assigning identification numbers for the 
     amount of electricity from the electric power transmission 
     and distribution system expected to be used as a motor 
     vehicle or nonroad fuel. For vehicles manufactured prior to 
     2020 or such later time as the Administrator finds that the 
     producers of the electricity used as a motor vehicle or 
     nonroad vehicle fuel can be determined, the regulations shall 
     provide that the identification numbers for electricity shall 
     be assigned to the manufacturer or importer of motor vehicles 
     or nonroad vehicles fueled by electricity from the electric 
     power transmission and distribution system.
       ``(C) Basis.--The identification numbers referred to in 
     this paragraph shall be based on the volume of the 
     alternative fuel and the compliance values established under 
     paragraph (5).
       ``(D) Compliance with the standard.--Obligated parties 
     shall demonstrate compliance with the standard under this 
     subsection by surrendering identification numbers in an 
     appropriate quantity to the Administrator.
       ``(E) Duration.--An identification number generated under 
     this subsection shall be valid to show compliance for the 12 
     months as of the date of generation. The Administrator shall 
     interpret this subparagraph the same way as section 
     211(o)(5)(C) of this Act is interpreted.
       ``(F) Trading.--Identification numbers may be held by any 
     individual or entity and transferred by any individual or 
     entity to any other individual or entity.
       ``(G) Inability to generate or purchase.--The regulations 
     promulgated under this paragraph shall include provisions 
     allowing any obligated party that is unable to generate or 
     purchase sufficient identification numbers to meet the 
     standard under paragraph (2) to carry forward an alternative 
     fuel deficit on condition that the obligated party in the 
     calendar year following the year in which the deficit is 
     created--
       ``(i) achieves compliance with the standard under paragraph 
     (2); and
       ``(ii) generates or purchases additional alternative fuel 
     identification numbers to offset the alternative fuel deficit 
     of the previous year.
       ``(H) Property.--An identification number generated under 
     this subsection does not constitute a property right. Nothing 
     in this subsection or in any other provision of law shall be 
     construed to limit the authority of the United States to 
     terminate or limit such an identification number.
       ``(I) Identification numbers from rfs program.--To 
     demonstrate compliance for the year 2013, the Administrator 
     shall permit the use of identification numbers generated and 
     assigned under the regulations under subsection (o) to the 
     same extent that subsection (o) would have allowed their use 
     in 2013. Deficits under subsection (o) for the year 2012 may 
     be carried forward to the year 2013 if the requirements of 
     subsection (o)(5)(D) of this section and subparagraph (G) of 
     this paragraph are met.
       ``(7) Waivers.--
       ``(A) In general.--Based on a petition by a State, an 
     obligated party, or on the Administrator's own motion, the 
     Administrator, in consultation with the Secretary of 
     Agriculture and the Secretary of Energy, may waive the 
     requirements of paragraph (2) in whole or in part by reducing 
     the national quantity of alternative fuel required under 
     paragraph (3) if the Administrator, after public notice and 
     opportunity for comment, determines that--
       ``(i) implementation of the requirements would severely 
     harm the economy or environment of a State, a region, or the 
     United States; or
       ``(ii) there is an inadequate domestic supply.
       ``(B) Petitions.--The Administrator shall approve or 
     disapprove a petition for a waiver within 90 days after the 
     date on which the petition is received by the Administrator.
       ``(C) Termination of waivers.--A waiver granted under 
     subparagraph (A) shall terminate after 1 year, but may be 
     renewed by the Administrator after consultation with the 
     Secretary of Agriculture and the Secretary of Energy.''.
       (b) Penalties and Enforcement.--Section 211(d) of the Clean 
     Air Act (42 U.S.C.7545(d)) is amended as follows:
       (1) In paragraph (1)_
       (A) in the first sentence, by striking ``or (o)'' each 
     place it appears and inserting ``(o), or (u)''; and
       (B) in the second sentence, by striking ``or (o)'' and 
     inserting ``(o), or (u)''; and
       (2) in the first sentence of paragraph (2), by striking 
     ``and (o)'' each place it appears and inserting ``(o), and 
     (u)''.
       (c) Renewable Fuel Program.--
       (1) Termination.--Subparagraph (B) of section 211(o)(2) of 
     the Clean Air Act (42 U.S.C. 4575(o)(2)(B)) is amended by 
     striking all after clause (i).
       (2) 2009 through 2012 requirements.--The items relating to 
     the years 2009 through 2012 in the table in clause (i) of 
     such subparagraph (B) are amended as follows:
       (A) Strike ``6.1'' and insert ``10'' .
       (B) Strike ``6.8'' and insert ``11'' .
       (C) Strike ``7.4'' and insert ``12''.
       (D) Strike ``7.5'' and insert ``13''.

     SEC. 1302. REFINERY PERMIT STREAMLINING.

       (a) Definitions.--For purposes of this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Environmental Protection Agency;
       (2) the term ``applicant'' means a person who is seeking a 
     Federal refinery authorization;
       (3) the term ``biomass'' has the meaning given that term in 
     section 932(a)(1) of the Energy Policy Act of 2005;
       (4) the term ``Federal refinery authorization''--
       (A) means any authorization required under Federal law, 
     whether administered by a Federal or State administrative 
     agency or official, with respect to siting, construction, 
     expansion, or operation of a refinery; and
       (B) includes any permits, licenses, special use 
     authorizations, certifications, opinions, or other approvals 
     required under Federal law with respect to siting, 
     construction, expansion, or operation of a refinery;
       (5) the term ``Indian lands'' means lands held in trust for 
     the benefit of an Indian tribe or individual or held by an 
     Indian tribe or individual subject to a restriction by the 
     United States against alienation;
       (6) the term ``Indian tribe'' has the meaning given the 
     term in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b);
       (7) the term ``refinery'' means--
       (A) a facility designed and operated to receive, load, 
     unload, store, transport, process, and refine crude oil or 
     oil originally derived from crude oil by any chemical or 
     physical process, including distillation, fluid catalytic 
     cracking, hydrocracking, coking, alkylation, etherification, 
     polymerization, catalytic reforming, isomerization, 
     hydrotreating, blending, and any combination thereof, in 
     order to produce gasoline, distillate, or lubricating base 
     oil;
       (B) a facility designed and operated to receive, load, 
     unload, store, transport, process, and refine coal by any 
     chemical or physical process, including liquefaction, in 
     order to produce gasoline or diesel as its primary output; or
       (C) a facility designed and operated to receive, load, 
     unload, store, transport, process (including biochemical, 
     photochemical, and biotechnology processes), and refine 
     biomass in order to produce biofuel;
       (8) the term ``State'' means a State, the District of 
     Columbia, the Commonwealth of Puerto Rico, and any other 
     territory or possession of the United States; and
       (9) the term ``tribal organization'' has the meaning given 
     the term in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b).
       (b) State and Tribal Organization Assistance.--
       (1) Financial assistance.--At the request of a governor of 
     a State, or at the request of a tribal organization, the 
     Administrator is authorized to provide financial assistance 
     to that State or Indian tribe to facilitate the hiring of 
     additional personnel to assist the State or Indian tribe with 
     expertise in fields relevant to consideration of Federal 
     refinery authorizations.
       (2) Other assistance.--At the request of a governor of a 
     State, or at the request of a tribal organization, a Federal 
     agency responsible for a Federal refinery authorization shall 
     provide technical, legal, or other nonfinancial assistance to 
     that State or Indian tribe to facilitate its consideration of 
     Federal refinery authorizations.
       (c) Refinery Process Coordination and Procedures.--
       (1) Appointment of federal coordinator.--
       (A) In general.--The President shall appoint a Federal 
     coordinator to perform the responsibilities assigned to the 
     Federal coordinator under this section.
       (B) Other agencies.--Each Federal and State agency or 
     official required to provide a Federal refinery authorization 
     shall cooperate with the Federal coordinator.
       (2) Federal refinery authorizations.--
       (A) Meeting participants.--Not later than 30 days after 
     receiving a notification from an applicant that the applicant 
     is seeking a Federal refinery authorization pursuant to 
     Federal law, the Federal coordinator appointed under 
     paragraph (1) shall convene a meeting of representatives from 
     all Federal and State agencies responsible for a Federal 
     refinery authorization with respect to the refinery. The 
     governor of a State shall identify each agency of that State 
     that is responsible for a Federal refinery authorization with 
     respect to that refinery.
       (B) Memorandum of agreement.--(i) Not later than 90 days 
     after receipt of a notification described in subparagraph 
     (A), the Federal coordinator and the other participants at a 
     meeting convened under subparagraph (A) shall establish a 
     memorandum of agreement setting forth the most expeditious 
     coordinated schedule possible for completion of all Federal 
     refinery authorizations with respect to the refinery, 
     consistent with the full substantive and procedural review 
     required by Federal law. If a Federal or State agency 
     responsible for a Federal refinery authorization with respect 
     to the refinery is not represented at such meeting, the 
     Federal coordinator shall ensure that the schedule 
     accommodates those Federal refinery authorizations, 
     consistent with Federal law. In the event of conflict among 
     Federal refinery authorization scheduling requirements, the 
     requirements of the Environmental Protection Agency shall be 
     given priority.
       (ii) Not later than 15 days after completing the memorandum 
     of agreement, the Federal coordinator shall publish the 
     memorandum of agreement in the Federal Register.

[[Page H9894]]

       (iii) The Federal coordinator shall ensure that all parties 
     to the memorandum of agreement are working in good faith to 
     carry out the memorandum of agreement, and shall facilitate 
     the maintenance of the schedule established therein.
       (3) Consolidated record.--The Federal coordinator shall, 
     with the cooperation of Federal and State administrative 
     agencies and officials, maintain a complete consolidated 
     record of all decisions made or actions taken by the Federal 
     coordinator or by a Federal administrative agency or officer 
     (or State administrative agency or officer acting under 
     delegated Federal authority) with respect to any Federal 
     refinery authorization. Such record shall be the record for 
     judicial review under paragraph (4) of decisions made or 
     actions taken by Federal and State administrative agencies 
     and officials, except that, if the Court determines that the 
     record does not contain sufficient information, the Court may 
     remand the proceeding to the Federal coordinator for further 
     development of the consolidated record.
       (4) Remedies.--
       (A) In general.--The United States District Court for the 
     district in which the proposed refinery is located shall have 
     exclusive jurisdiction over any civil action for the review 
     of the failure of an agency or official to act on a Federal 
     refinery authorization in accordance with the schedule 
     established pursuant to the memorandum of agreement.
       (B) Standing.--If an applicant or a party to a memorandum 
     of agreement alleges that a failure to act described in 
     subparagraph (A) has occurred and that such failure to act 
     would jeopardize timely completion of the entire schedule as 
     established in the memorandum of agreement, such applicant or 
     other party may bring a cause of action under this paragraph.
       (C) Court action.--If an action is brought under 
     subparagraph (B), the Court shall review whether the parties 
     to the memorandum of agreement have been acting in good 
     faith, whether the applicant has been cooperating fully with 
     the agencies that are responsible for issuing a Federal 
     refinery authorization, and any other relevant materials in 
     the consolidated record. Taking into consideration those 
     factors, if the Court finds that a failure to act described 
     in subparagraph (A) has occurred, and that such failure to 
     act would jeopardize timely completion of the entire schedule 
     as established in the memorandum of agreement, the Court 
     shall establish a new schedule that is the most expeditious 
     coordinated schedule possible for completion of proceedings, 
     consistent with the full substantive and procedural review 
     required by Federal law. The court may issue orders to 
     enforce any schedule it establishes under this subparagraph.
       (D) Federal coordinator's action.--When any civil action is 
     brought under this paragraph, the Federal coordinator shall 
     immediately file with the Court the consolidated record 
     compiled by the Federal coordinator pursuant to paragraph 
     (3).
       (E) Expedited review.--The Court shall set any civil action 
     brought under this paragraph for expedited consideration.
       (5) Applicability.--This subsection shall only apply to a 
     refinery sited or proposed to be sited or expanded or 
     proposed to be expanded--
       (A) in a State whose governor has submitted a request to 
     the President for the application of the process coordination 
     and rules of procedure under this subsection to the siting, 
     construction, expansion, or operation of any refinery in that 
     State;
       (B) on a closed military installation, or portion thereof, 
     made available for the siting of a refinery in the manner 
     provided by the base closure law applicable to the 
     installation; or
       (C) on Indian lands if the relevant tribal organization has 
     submitted a request to the President for the application of 
     the process coordination and rules of procedure under this 
     subsection to the siting, construction, expansion, or 
     operation of any refinery on that Indian land.
       (d) Savings Clause.--Nothing in this section shall be 
     construed to affect the application of any environmental or 
     other law, or to prevent any party from bringing a cause of 
     action under any environmental or other law, including 
     citizen suits.
       (e) Refinery Revitalization Repeal.--Subtitle H of title 
     III of the Energy Policy Act of 2005 and the items relating 
     thereto in the table of contents of such Act are repealed.

     SEC. 1303. STANDBY LOANS FOR QUALIFYING COAL-TO-LIQUIDS 
                   PROJECTS.

       Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 
     16512) is amended by adding at the end the following new 
     subsection:
       ``(k) Standby Loans for Qualifying CTL Projects.--
       ``(1) Definitions.--For purposes of this subsection:
       ``(A) Cap price.--The term `cap price' means a market price 
     specified in the standby loan agreement above which the 
     project is required to make payments to the United States.
       ``(B) Full term.--The term `full term' means the full term 
     of a standby loan agreement, as specified in the agreement, 
     which shall not exceed the lesser of 30 years or 90 percent 
     of the projected useful life of the project (as determined by 
     the Secretary).
       ``(C) Market price.--The term `market price' means the 
     average quarterly price of a petroleum price index specified 
     in the standby loan agreement.
       ``(D) Minimum price.--The term `minimum price' means a 
     market price specified in the standby loan agreement below 
     which the United States is obligated to make disbursements to 
     the project.
       ``(E) Output.--The term `output' means some or all of the 
     liquid or gaseous transportation fuels produced from the 
     project, as specified in the loan agreement.
       ``(F) Primary term.--The term `primary term' means the 
     initial term of a standby loan agreement, as specified in the 
     agreement, which shall not exceed the lesser of 20 years or 
     75 percent of the projected useful life of the project (as 
     determined by the Secretary).
       ``(G) Qualifying ctl project.--The term `qualifying CTL 
     project' means--
       ``(i) a commercial-scale project that converts coal to one 
     or more liquid or gaseous transportation fuels blended with 
     renewable fuel; or
       ``(ii) not more than one project at a facility that 
     converts petroleum refinery waste products, including 
     petroleum coke, into one or more liquids or gaseous 
     transportation fuels blended with renewable fuel,
     that demonstrates the capture, and sequestration or disposal 
     or use of, the carbon dioxide produced in the conversion 
     process, and that, on the basis of a carbon dioxide 
     sequestration plan prepared by the applicant, is certified by 
     the Administrator of the Environmental Protection Agency, in 
     consultation with the Secretary, as producing fuel with life 
     cycle carbon dioxide emissions at or below the average life 
     cycle carbon dioxide emissions for the same type of fuel 
     produced at traditional petroleum based facilities with 
     similar annual capacities.
       ``(H) Standby loan agreement.--The term `standby loan 
     agreement' means a loan agreement entered into under 
     paragraph (2).
       ``(2) Standby loans.--
       ``(A) Loan authority.--The Secretary may enter into standby 
     loan agreements with not more than six qualifying CTL 
     projects, at least one of which shall be a project jointly or 
     in part owned by two or more small coal producers. Such an 
     agreement--
       ``(i) shall provide that the Secretary, to the extent 
     provided in advance in appropriations Acts, will make a 
     direct loan (within the meaning of section 502(1) of the 
     Federal Credit Reform Act of 1990) to the qualifying CTL 
     project; and
       ``(ii) shall set a cap price and a minimum price for the 
     primary term of the agreement.
       ``(B) Loan disbursements.--Such a loan shall be disbursed 
     during the primary term of such agreement whenever the market 
     price falls below the minimum price. The amount of such 
     disbursements in any calendar quarter shall be equal to the 
     excess of the minimum price over the market price, times the 
     output of the project (but not more than a total level of 
     disbursements specified in the agreement).
       ``(C) Loan repayments.--The Secretary shall establish terms 
     and conditions, including interest rates and amortization 
     schedules, for the repayment of such loan within the full 
     term of the agreement, subject to the following limitations:
       ``(i) If in any calendar quarter during the primary term of 
     the agreement the market price is less than the cap price, 
     the project may elect to defer some or all of its repayment 
     obligations due in that quarter. Any unpaid obligations will 
     continue to accrue interest.
       ``(ii) If in any calendar quarter during the primary term 
     of the agreement the market price is greater than the cap 
     price, the project shall meet its scheduled repayment 
     obligation plus deferred repayment obligations, but shall not 
     be required to pay in that quarter an amount that is more 
     than the excess of the market price over the cap price, times 
     the output of the project.
       ``(iii) At the end of the primary term of the agreement, 
     the cumulative amount of any deferred repayment obligations, 
     together with accrued interest, shall be amortized (with 
     interest) over the remainder of the full term of the 
     agreement.
       ``(3) Profit-sharing.--The Secretary is authorized to enter 
     into a profit-sharing agreement with the project at the time 
     the standby loan agreement is executed. Under such an 
     agreement, if the market price exceeds the cap price in a 
     calendar quarter, a profit-sharing payment shall be made for 
     that quarter, in an amount equal to--
       ``(A) the excess of the market price over the cap price, 
     times the output of the project; less
       ``(B) any loan repayments made for the calendar quarter.
       ``(4) Compliance with federal credit reform act.--
       ``(A) Upfront payment of cost of loan.--No standby loan 
     agreement may be entered into under this subsection unless 
     the project makes a payment to the United States that the 
     Office of Management and Budget determines is equal to the 
     cost of such loan (determined under 502(5)(B) of the Federal 
     Credit Reform Act of 1990). Such payment shall be made at the 
     time the standby loan agreement is executed.
       ``(B) Minimization of risk to the government.--In making 
     the determination of the cost of the loan for purposes of 
     setting the payment for a standby loan under subparagraph 
     (A), the Secretary and the Office of Management and Budget 
     shall take into consideration the extent to which the minimum 
     price and the cap price reflect historical patterns of 
     volatility in actual oil prices relative to projections of 
     future oil prices, based upon publicly available data from 
     the

[[Page H9895]]

     Energy Information Administration, and employing statistical 
     methods and analyses that are appropriate for the analysis of 
     volatility in energy prices.
       ``(C) Treatment of payments.--The value to the United 
     States of a payment under subparagraph (A) and any profit-
     sharing payments under paragraph (3) shall be taken into 
     account for purposes of section 502(5)(B)(iii) of the Federal 
     Credit Reform Act of 1990 in determining the cost to the 
     Federal Government of a standby loan made under this 
     subsection.
       ``(5) Other provisions.--
       ``(A) No double benefit.--A project receiving a loan under 
     this subsection may not, during the primary term of the loan 
     agreement, receive a Federal loan guarantee under subsection 
     (a) of this section, or under other laws.
       ``(B) Subrogation, etc.--Subsections (g)(2) (relating to 
     subrogation), (h) (relating to fees), and (j) (relating to 
     full faith and credit) shall apply to standby loans under 
     this subsection to the same extent they apply to loan 
     guarantees.''.

     SEC. 1304. 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) Ineligibility.--Any person receiving a credit may not 
     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. 1305. 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--
       ``(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

[[Page H9896]]

     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. 1306. 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. 1307. 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. 1308. 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. 1309. STUDY OF THE ADEQUACY OF TRANSPORTATION, 
                   DISTRIBUTION, AND RETAIL DISPENSING OF 
                   DOMESTICALLY-PRODUCED RENEWABLE FUEL.

       (a) Study.--
       (1) In general.--The Secretary of Energy shall conduct a 
     study of the adequacy of transportation, distribution, and 
     retail dispensing 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, 
     fuel terminals and retail dispensing facilities 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 equipment and personnel 
     to move the necessary quantities of domestically-produced 
     renewable fuel in a timely fashion;
       (C)(i) the projected costs of transporting, distributing, 
     and dispensing the domestically-produced renewable fuel; and
       (ii) the impact of the projected costs on the marketability 
     of the domestically-produced renewable fuel;
       (D) whether there is adequate competition to ensure--
       (i) a fair price for transportation, distribution, and 
     retail dispensing of domestically-produced renewable fuel; 
     and
       (ii) acceptable levels of service for transportation, 
     distribution, and retail dispensing of domestically-produced 
     renewable fuel;
       (E) any infrastructure capital investments that are needed 
     to transport, distribute, and dispense 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 transportation service;
       (G) whether Federal agencies have adequate legal authority 
     to address transportation, distribution and retail dispensing 
     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 
     transportation, distribution, and retail dispensing of 
     adequate supplies of domestically-produced renewable fuel at 
     reasonable prices.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives a report that describes the results of the 
     study conducted under subsection (a).

     SEC. 1310. 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. 1311. 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 1311 of this Act), relating to 
     conversion assistance for cellulosic biomass,

[[Page H9897]]

     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. 1312. 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. 1313. 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 
     $90,000,000 to carry out this section.''.

     SEC. 1314. 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. 1315. 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. 1316. 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. 1317. 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 percent of the content of 
     which is biodiesel, and commonly known as `B20'.''.

            PART 2--UNITED STATES-ISRAEL ENERGY COOPERATION

     SEC. 1331. SHORT TITLE.

       This part may be cited as the ``United States-Israel Energy 
     Cooperation Act''.

     SEC. 1332. 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

[[Page H9898]]

     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. 1333. 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. 1334. 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 1333(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.
       (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. 1335. DEFINITIONS.

       In this part:
       (1) Advisory board.--The term ``Advisory Board'' means the 
     International Energy Advisory Board established by section 
     1334(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. 1336. TERMINATION.

       The grant program authorized under section 1333 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. 1337. 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. 1338. 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 Battery and Plug-In Hybrid Programs

     SEC. 1401. 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

[[Page H9899]]

     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, including defaults, 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. 1402. 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 $90,000,000 to 
     carry out this section.''.

     SEC. 1403. 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. 1404. 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.''.

     SEC. 1405. STUDYING THE BENEFITS OF PLUG-IN HYBRID ELECTRIC 
                   DRIVE VEHICLES AND ELECTRIC DRIVE 
                   TRANSPORTATION.

       (a) Study.--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.
       (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 
     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.

     SEC. 1406. PLUG-IN HYBRID VEHICLE PROGRAM.

       (a) 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.
       (b) 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.
       (c) Selection Criteria.--
       (1) Priority.--When making awards under this section, 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.
       (2) Scope of programs.--When making awards under this 
     section, the Secretary shall ensure that the programs will 
     maximize diversity in applications, manufacturers, end-uses 
     and vehicle control systems.
       (d) Authorizations of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out the program 
     under this section, $60,000,000, to remain available until 
     expended.
       (e) 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--
       (1) ensure that the applicant includes in the application a 
     description of the price of the battery per kilowatt hour;

[[Page H9900]]

       (2) on approval by the Secretary of the application, 
     publish, or permit the Secretary to publish, the price 
     described in subparagraph (A); and
       (3) for any order received by the battery manufacturer for 
     at least 1,000 batteries, offer batteries at that price.

     SEC. 1407. 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 $90,000,000 for each of the fiscal 
     years 2008 through 2011.

                    Subtitle A--Energy Market Study

     SEC. 1501. 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. 1502. 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.

                    TITLE II--SCIENCE AND TECHNOLOGY

                     Subtitle A--Geothermal Energy

     SEC. 2001. SHORT TITLE.

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

     SEC. 2002. 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. 2003. 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.

[[Page H9901]]

     The program shall include a field component.
       (2) Industry coupled exploratory drilling.--The Secretary 
     shall support a program of cost-shared field demonstration 
     programs, to be pursued, simultaneously and independently, in 
     collaboration with industry partners, for the demonstration 
     of 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. 2004. 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. 2005. 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. 2006. 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. 2007. GEOPOWERING AMERICA.

       (a) In General.--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.
       (b) Additional Purposes.--In addition to the other duties 
     of GeoPowering the West, the new GeoPowering America program 
     is authorized 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, geothermal 
     resources from oil and gas fields, enhanced geothermal 
     systems resources, and geopressured resources. GeoPowering 
     America shall collect and disseminate information on all 
     subjects germane to the development and use of hydrothermal 
     systems, geothermal systems from oil and gas fields, enhanced 
     geothermal systems, and geopressured systems. Information for 
     hydrothermal systems shall at a minimum include--

[[Page H9902]]

       (1) resource location;
       (2) reservoir characterization, monitoring, and modeling;
       (3) drilling techniques;
       (4) reservoir management techniques; and
       (5) technologies for electric power conversion or direct 
     use of geothermal energy.

     SEC. 2008. 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. 2009. 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. 2010. 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. 2011. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary to 
     carry out this subtitle $80,000,000 for each of the fiscal 
     years 2008 through 2012, of which $20,000,000 for each fiscal 
     year shall be for carrying out section 2006.

                          Subtitle B--Biofuels

     SEC. 2101. SHORT TITLE.

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

     SEC. 2102. 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. 2103. 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. 2104. 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 
     other than ethanol production from corn, 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. 2105. 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. 2106. 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. 2107. 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. 2108. 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.
       (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. 2109. 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)--

[[Page H9903]]

       (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. 2110. 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. 2111. 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. 2112. 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.

     SEC. 2113. BLENDED FUELS.

       The Secretary shall carry out a program of research, 
     development, and demonstration as it relates to the blending 
     of transportation fuels derived from coal-to-liquids and the 
     blending thereof with transportation fuels derived from 
     renewable sources, including biomass (as defined in section 
     932 of the Energy Policy Act of 2005). The program shall 
     focus on--
       (1) maximizing the fungibility and supply of blended 
     transportation fuels;
       (2) the viability of the blend as a cost competitive 
     replacement for transportation fuels;
       (3) evaluation of the environmental consequences of the 
     blend on evaporative and exhaust emissions from on-road and 
     off-road engines;
       (4) the quality of the resultant blend at varying 
     concentrations of biofuel; and
       (5) other areas the Secretary considers appropriate.

                 Subtitle C--Carbon Capture and Storage

     SEC. 2201. SHORT TITLE.

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

     SEC. 2202. 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.
       ``(3) Large-scale carbon dioxide sequestration testing.--
       ``(A) In general.--The Secretary shall conduct not less 
     than 7 initial large-volume sequestration tests for 
     geological containment of carbon dioxide (at least 1 of which 
     shall be international in scope) to validate information on 
     the cost and feasibility of commercial deployment of 
     technologies for geological containment of carbon dioxide.
       ``(B) Diversity of formations to be studied.--In selecting 
     formations for study under this paragraph, the Secretary 
     shall consider

[[Page H9904]]

     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, 
     including facilities that convert coal to one or more liquid 
     or gaseous transportation fuels. 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, convert coal 
     to one or more liquid or gaseous transportation fuels, 
     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 give preference to proposals from 
     partnerships among industrial, academic, and government 
     entities.
       ``(6) Cost sharing.--Activities under this subsection shall 
     be considered research and development activities that are 
     subject to the cost-sharing requirements of section 988(b).
       ``(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. 2203. 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 2202 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. 2204. 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. 2205. 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. 2206. 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.
       (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 D--Produced Water Utilization

     SEC. 2301. SHORT TITLE.

        This subtitle may be cited as the ``Produced Water 
     Utilization Act of 2007''.

     SEC. 2302. FINDINGS.

        The Congress finds as follows:
       (1) The population of the United States is increasing, and 
     as the population increases, additional potable water 
     supplies are required to sustain individuals, agricultural

[[Page H9905]]

     production, and industrial users, particularly in the 
     Mountain West and desert Southwest, where water resources are 
     scarce.
       (2) During the development of domestic energy sources, 
     including coalbed methane, oil, and natural gas, water may be 
     extracted from underground sources and brought to the 
     surface, often increasing energy production from subsurface 
     geological formations in the process.
       (3) Produced water frequently contains increased levels of 
     potentially harmful dissolved solids, rendering much of the 
     water nonpotable and unsuitable for agricultural or 
     industrial uses, and encouraging reinjection of the water to 
     subsurface geological formations to safely dispose of it, 
     which may lead to reduced production of domestic energy 
     resources and increased costs to producers.
       (4) Increasing environmentally responsible surface 
     utilization of produced water would--
       (A) increase water supplies available for agricultural and 
     industrial use;
       (B) reduce the amount of produced water returned to 
     underground formations; and
       (C) increase domestic energy production by reducing costs 
     associated with reinjection of produced water to the 
     subsurface.

     SEC. 2303. DEFINITIONS.

       In this subtitle:
       (1) Existing program.--The term ``existing program'' means 
     a program at the Department of Energy which is engaged in 
     research, development, demonstration, and commercial 
     application of technologies for unconventional domestic 
     natural gas production and other domestic petroleum 
     production as of the date of enactment of this Act.
       (2) Produced water.--The term ``produced water'' means 
     water from an underground source that is brought to the 
     surface as part of the process of exploration for or 
     development of coalbed methane, oil, natural gas, or any 
     other substance to be used as an energy source.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.

     SEC. 2304. PURPOSES.

       (a) In General.--The Secretary shall carry out under this 
     subtitle, in conjunction with an existing program, a program 
     of research, development, and demonstration of technologies 
     for environmentally sustainable utilization of produced water 
     for use for agriculture, irrigation, municipal, or industrial 
     uses, or other environmentally sustainable purposes. The 
     program shall be designed to maximize the utilization of 
     produced water in the United States by increasing the quality 
     of produced water and reducing the environmental impacts of 
     produced water.
       (b) Program Elements.--The program under this subtitle 
     shall address the following areas, including improving safety 
     and minimizing environmental impacts of activities within 
     each area:
       (1) Produced water recovery, including research for 
     desalination and demineralization to reduce total dissolved 
     solids in the produced water.
       (2) Produced water utilization for agricultural, 
     irrigation, municipal, or industrial uses, or other 
     environmentally sustainable purposes.
       (3) Reinjection of produced water into subsurface 
     geological formations to increase energy production.
       (c) Program Administration.--The program under this 
     subtitle shall be administered by a consortium, administering 
     an existing program, whose members have collectively 
     demonstrated capabilities and experience in planning and 
     managing research, development, demonstration, and commercial 
     application programs for unconventional natural gas and other 
     petroleum production and produced water utilization.
       (d) Activities at the National Energy Technology 
     Laboratory.--The Secretary, through the National Energy 
     Technology Laboratory, shall carry out a program of research, 
     development, and demonstration activities complementary to 
     and supportive of the research, development, and 
     demonstration programs under subsection (b).
       (e) Consultation.--In carrying out this subtitle, the 
     Secretary shall consult regularly with the Secretary of the 
     Interior and the Administrator of the Environmental 
     Protection Agency.

     SEC. 2305. SUNSET.

        The authority provided by this subtitle shall terminate on 
     September 30, 2016.

     SEC. 2306. FUNDING.

       (a) Allocation.--Amounts appropriated for this subtitle for 
     each fiscal year shall be allocated as follows:
       (1) 75 percent shall be for activities under section 
     2304(a), (b), and (c).
       (2) 25 percent shall be for activities under section 
     2304(d) and other activities under section 2304, including 
     administrative functions such as program direction, overall 
     program oversight, and contract management.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this subtitle $20,000,000 for 
     each of fiscal years 2008 through 2016.

                    Subtitle E--Natural Gas Vehicles

     SEC. 2401. NATURAL GAS VEHICLE RESEARCH, DEVELOPMENT, AND 
                   DEMONSTRATION PROJECTS.

       (a) In General.--The Secretary of Energy shall conduct a 5-
     year program of natural gas vehicle research, development, 
     and demonstration. The Secretary shall coordinate with the 
     Administrator of the Environmental Protection Agency, as 
     necessary.
       (b) Purpose.--The program under this section shall focus 
     on--
       (1) the continued improvement and development of new, 
     cleaner, more efficient light-duty, medium-duty, and heavy-
     duty natural gas vehicle engines;
       (2) the integration of those engines into light-duty, 
     medium-duty, and heavy-duty natural gas vehicles for onroad 
     and offroad applications;
       (3) expanding product availability by assisting 
     manufacturers with the certification of the engines or 
     vehicles described in paragraph (1) or (2) to Federal or 
     California certification requirements and in-use emission 
     standards;
       (4) the demonstration and proper operation and use of the 
     vehicles described in paragraph (2) under all operating 
     conditions;
       (5) the development and improvement of nationally 
     recognized codes and standards for the continued safe 
     operation of natural gas vehicles and their components;
       (6) improvement in the reliability and efficiency of 
     natural gas fueling station infrastructure;
       (7) the certification of natural gas fueling station 
     infrastructure to nationally recognized and industry safety 
     standards;
       (8) the improvement in the reliability and efficiency of 
     onboard natural gas fuel storage systems;
       (9) the development of new natural gas fuel storage 
     materials;
       (10) the certification of onboard natural gas fuel storage 
     systems to nationally recognized and industry safety 
     standards; and
       (11) the use of natural gas engines in hybrid vehicles.
       (c) Certification of Conversion Systems.--The Secretary 
     shall coordinate with the Administrator on issues related to 
     streamlining the certification of natural gas conversion 
     systems to the appropriate Federal certification requirements 
     and in-use emission standards.
       (d) Cooperation and Coordination With Industry.--In 
     developing and carrying out the program under this section, 
     the Secretary shall coordinate with the natural gas vehicle 
     industry to ensure cooperation between the public and the 
     private sector.
       (e) Conduct of Program.--The program under this section 
     shall be conducted in accordance with sections 3001 and 3002 
     of the Energy Policy Act of 1992.
       (f) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall provide a report 
     to Congress on the implementation of this section.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary $20,000,000 for each of 
     the fiscal years 2008 through 2012 to carry out this section.
       (h) Definition.--For purposes of this section, the term 
     ``natural gas'' means compressed natural gas, liquefied 
     natural gas, biomethane, and mixtures of hydrogen and methane 
     or natural gas.

                 Subtitle F--Energy Efficient Buildings

     SEC. 2501. SHORT TITLE.

       This subtitle may be cited as the ``Energy Efficient 
     Buildings Act of 2007''.

     SEC. 2502. ENERGY EFFICIENT BUILDING GRANT PROGRAM.

       (a) Energy Efficient Building Pilot Grant Program.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary of Energy (in this 
     subtitle referred to as the ``Secretary'') shall establish a 
     pilot program to award grants to businesses and organizations 
     for new construction of energy efficient buildings, or major 
     renovations of buildings that will result in energy efficient 
     buildings, to demonstrate innovative energy efficiency 
     technologies, especially those sponsored by the Department of 
     Energy.
       (2) Awards.--The Secretary shall award grants under this 
     subsection competitively to those applicants whose 
     proposals--
       (A) best demonstrate--
       (i) likelihood to meet or exceed the standards referred to 
     in subsection (b)(2);
       (ii) likelihood to maximize cost-effective energy 
     efficiency opportunities; and
       (iii) advanced energy efficiency technologies; and
       (B) maximize the leverage of private investment for costs 
     related to increasing the energy efficiency of the building.
       (3) Consideration.--The Secretary shall give due 
     consideration to proposals for buildings that are likely to 
     serve low and moderate income populations.
       (4) Amount of grants.--Grants under this subsection shall 
     be for up to 50 percent of design and energy modeling costs, 
     not to exceed $50,000 per building. No single grantee may be 
     eligible for more than 3 grants per year under this program.
       (5) Grant payments.--
       (A) Initial payment.--The Secretary shall pay 50 percent of 
     the total amount of the grant to grant recipients upon 
     selection.
       (B) Remainder of payment.--The Secretary shall pay the 
     remaining 50 percent of the grant only after independent 
     certification, by a professional engineer or other qualified 
     professional, that operational buildings are energy efficient 
     buildings as defined in subsection (b).
       (C) Failure to comply.--The Secretary shall not provide the 
     remainder of the payment unless the building is certified 
     within 6 months after operation of the completed building to 
     meet the requirements described in subparagraph (B), or in 
     the case of major renovations the building is certified 
     within 6 months of the completion of the renovations.
       (6) Report to congress.--Not later than 3 years after 
     awarding the first grant under

[[Page H9906]]

     this subsection, the Secretary shall transmit to Congress a 
     report containing--
       (A) the total number and dollar amount of grants awarded 
     under this subsection; and
       (B) an estimate of aggregate cost and energy savings 
     enabled by the pilot program under this subsection.
       (7) Administrative expenses.--Administrative expenses for 
     the program under this subsection shall not exceed 10 percent 
     of appropriated funds.
       (b) Definition of Energy Efficient Building.--For purposes 
     of this section the term ``energy efficient building'' means 
     a building that--
       (1) achieves a reduction in energy consumption of--
       (A) at least 30 percent for new construction, compared to 
     the energy standards set by the 2004 International Energy 
     Conservation Code (in the case of residential buildings) or 
     ASHRAE Standard 90.1-2004; or
       (B) at least 20 percent for major renovations, compared to 
     energy consumption before renovations are begun;
       (2) is constructed or renovated in accordance with the most 
     current, appropriate, and applicable voluntary consensus 
     standards, as determined by the Secretary, such as those 
     listed in the assessment under section 914(b), or revised or 
     developed under section 914(c), of the Energy Policy Act of 
     2005; and
       (3) after construction or renovation--
       (A) uses heating, ventilating, and air conditioning systems 
     that perform at no less than Energy Star standards; or
       (B) if Energy Star standards are not applicable, uses 
     Federal Energy Management Program recommended heating, 
     ventilating, and air conditioning products.
       (c) 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.

              Subtitle G--Plug-In Hybrid Electric Vehicles

     SEC. 2601. SHORT TITLE.

       This subtitle may be cited as the ``Plug-In Hybrid Electric 
     Vehicle Act of 2007''.

     SEC. 2602. NEAR-TERM VEHICLE TECHNOLOGY PROGRAM.

       (a) Definitions.--In this section:
       (1) Battery.--The term ``battery'' means a device or system 
     for the electrochemical storage of energy.
       (2) Biomass.--The term ``biomass'' has meaning given the 
     term in section 932 of the Energy Policy Act of 2005 (42 
     U.S.C. 16232).
       (3) E85.--The term ``E85'' means a fuel blend containing 85 
     percent ethanol and 15 percent gasoline by volume.
       (4) Electric drive transportation technology.--The term 
     ``electric drive transportation technology'' means--
       (A) vehicles that use an electric motor for all or part of 
     their motive power and that may or may not use offboard 
     electricity, including battery electric vehicles, fuel cell 
     vehicles, hybrid electric vehicles, plug-in hybrid electric 
     vehicles, flexible fuel plug-in hybrid electric vehicles, and 
     electric rail; and
       (B) related equipment, including electric equipment 
     necessary to recharge a plug-in hybrid electric vehicle.
       (5) Flexible fuel plug-in hybrid electric vehicle.--The 
     term ``flexible fuel plug-in hybrid electric vehicle'' means 
     a plug-in hybrid electric vehicle--
       (A) warranted by its manufacturer as capable of operating 
     on any combination of gasoline or E85 for its onboard 
     internal combustion or heat engine; or
       (B) that uses a fuel cell for battery charging when 
     disconnected from offboard power sources.
       (6) Fuel cell vehicle.--The term ``fuel cell vehicle'' 
     means an onroad vehicle that uses a fuel cell (as defined in 
     section 803 of the Energy Policy Act of 2005 (42 U.S.C. 
     16152)).
       (7) Hybrid electric vehicle.--The term ``hybrid electric 
     vehicle'' means an onroad vehicle that--
       (A) can operate on either liquid combustible fuel or 
     electric power provided by an onboard battery; and
       (B) utilizes regenerative power capture technology to 
     recover energy expended in braking the vehicle for use in 
     recharging the battery.
       (8) Plug-in hybrid electric vehicle.--The term ``plug-in 
     hybrid electric vehicle'' means a hybrid electric vehicle 
     that can operate solely on electric power for a minimum of 20 
     miles under city driving conditions, and that is capable of 
     recharging its battery from an offboard electricity source.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (b) Program.--The Secretary shall conduct a program of 
     research, development, demonstration, and commercial 
     application on technologies needed for the development of 
     plug-in hybrid electric vehicles, including--
       (1) high capacity, high efficiency batteries, to--
       (A) improve battery life, energy storage capacity, and 
     power delivery capacity, and lower cost; and
       (B) minimize waste and hazardous material production in the 
     entire value chain, including after the end of the useful 
     life of the batteries;
       (2) high efficiency onboard and offboard charging 
     components;
       (3) high power drive train systems for passenger and 
     commercial vehicles and for supporting equipment;
       (4) onboard energy management systems, power trains, and 
     systems integration for plug-in hybrid electric vehicles, 
     flexible fuel plug-in hybrid electric vehicles, and hybrid 
     electric vehicles, including efficient cooling systems and 
     systems that minimize the emissions profile of such vehicles; 
     and
       (5) lightweight materials, including research, development, 
     demonstration, and commercial application to reduce the cost 
     of materials such as steel alloys and carbon fibers.
       (c) Plug-In Hybrid Electric Vehicle Demonstration 
     Program.--
       (1) Establishment.--The Secretary shall establish a 
     competitive grant pilot demonstration program to provide not 
     more than 25 grants annually to State governments, local 
     governments, metropolitan transportation authorities, or 
     combinations thereof to carry out a project or projects for 
     demonstration of plug-in hybrid electric vehicles.
       (2) Applications.--
       (A) Requirements.--The Secretary shall issue requirements 
     for applying for grants under the demonstration pilot 
     program. The Secretary shall require that applications, at a 
     minimum, include a description of how data will be--
       (i) collected on the--

       (I) performance of the vehicle or vehicles and the 
     components, including the battery, energy management, and 
     charging systems, under various driving speeds, trip ranges, 
     traffic, and other driving conditions;
       (II) costs of the vehicle or vehicles, including 
     acquisition, operating, and maintenance costs, and how the 
     project or projects will be self-sustaining after Federal 
     assistance is completed; and
       (III) emissions of the vehicle or vehicles, including 
     greenhouse gases, and the amount of petroleum displaced as a 
     result of the project or projects; and

       (ii) summarized for dissemination to the Department, other 
     grantees, and the public.
       (B) Partners.--An applicant under subparagraph (A) may 
     carry out a project or projects under the pilot program in 
     partnership with one or more private entities.
       (3) Selection criteria.--
       (A) Preference.--When making awards under this subsection, 
     the Secretary shall consider each applicant's previous 
     experience involving plug-in hybrid electric vehicles and 
     shall give preference to proposals that--
       (i) provide the greatest demonstration per award dollar, 
     with preference increasing as the number of miles that a 
     plug-in hybrid electric vehicle can operate solely on 
     electric power under city driving conditions increases; and
       (ii) demonstrate the greatest commitment on the part of the 
     applicant to ensure funding for the proposed project or 
     projects and the greatest likelihood that each project 
     proposed in the application will be maintained or expanded 
     after Federal assistance under this subsection is completed.
       (B) Breadth of demonstrations.--In awarding grants under 
     this subsection, the Secretary shall ensure the program will 
     demonstrate plug-in hybrid electric vehicles under various 
     circumstances, including--
       (i) driving speeds;
       (ii) trip ranges;
       (iii) driving conditions;
       (iv) climate conditions; and
       (v) topography,
     to optimize understanding and function of plug-in hybrid 
     electric vehicles.
       (4) Pilot project requirements.--
       (A) Subsequent funding.--An applicant that has received a 
     grant in one year may apply for additional funds in 
     subsequent years, but the Secretary shall not provide more 
     than $10,000,000 in Federal assistance under the pilot 
     program to any applicant for the period encompassing fiscal 
     years 2008 through fiscal year 2012.
       (B) Information.--The Secretary shall establish mechanisms 
     to ensure that the information and knowledge gained by 
     participants in the pilot program are shared among the pilot 
     program participants and are available to other interested 
     parties, including other applicants.
       (5) Award amounts.--The Secretary shall determine grant 
     amounts, but the maximum size of grants shall decline as the 
     cost of producing plug-in hybrid electric vehicles declines 
     or the cost of converting a hybrid electric vehicle to a 
     plug-in hybrid electric vehicle declines.
       (d) Cost Sharing.--The Secretary shall carry out the 
     program under this section in compliance with section 988(a) 
     through (d) and section 989 of the Energy Policy Act of 2005 
     (42 U.S.C. 16352(a) through (d) and 16353).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary--
       (1) for carrying out subsection (b), $250,000,000 for each 
     of fiscal years 2008 through 2012, of which up to $50,000,000 
     may be used for the program described in paragraph (5) of 
     that subsection; and
       (2) for carrying out subsection (c), $50,000,000 for each 
     of fiscal years 2008 through 2012.

                          Subtitle H--H-PRIZE

     SEC. 2701. SHORT TITLE.

       This subtitle may be cited as the ``H-Prize Act of 2007''.

     SEC. 2702. DEFINITIONS.

       In this subtitle:
       (1) Administering entity.--The term ``administering 
     entity'' means the entity with which the Secretary enters 
     into an agreement under section 2703(c).
       (2) Department.--The term ``Department'' means the 
     Department of Energy.

[[Page H9907]]

       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.

     SEC. 2703. PRIZE AUTHORITY.

       (a) In General.--The Secretary shall carry out a program to 
     competitively award cash prizes in conformity with this 
     subtitle to advance the research, development, demonstration, 
     and commercial application of hydrogen energy technologies.
       (b) Advertising and Solicitation of Competitors.--
       (1) Advertising.--The Secretary shall widely advertise 
     prize competitions to encourage broad participation, 
     including by individuals, universities (including 
     historically Black colleges and universities and other 
     minority serving institutions), and large and small 
     businesses (including businesses owned or controlled by 
     socially and economically disadvantaged persons).
       (2) Announcement through federal register notice.--The 
     Secretary shall announce each prize competition 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, subject to the provisions 
     of this subtitle. The duties of the administering entity 
     under the agreement shall include--
       (1) advertising prize competitions and their results;
       (2) 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 section;
       (3) developing, in consultation with and subject to the 
     final approval of the Secretary, the criteria for selecting 
     winners in prize competitions, based on goals provided by the 
     Secretary;
       (4) determining, in consultation with the Secretary, the 
     appropriate amount and funding sources for each prize to be 
     awarded, subject to the final approval of the Secretary with 
     respect to Federal funding;
       (5) providing advice and consultation to the Secretary on 
     the selection of judges in accordance with section 2704(d), 
     using criteria developed in consultation with and subject to 
     the final approval of the Secretary; and
       (6) protecting against the 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 subtitle may be withheld from 
     public disclosure.
       (d) Funding Sources.--Prizes under this subtitle shall 
     consist of Federal appropriated funds and any funds provided 
     by the administering entity (including funds raised pursuant 
     to subsection (c)(2)) 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. 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 subsection (b)(2) 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 subsection (b)(2) 
     if--
       (1) notice of the increase is provided in the same manner 
     as the initial notice of the prize; and
       (2) 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 subtitle shall terminate on September 30, 2018.

     SEC. 2704. PRIZE CATEGORIES.

       (a) Categories.--The Secretary shall establish prizes for--
       (1) advancements in technologies, components, or systems 
     related to--
       (A) hydrogen production;
       (B) hydrogen storage;
       (C) hydrogen distribution; and
       (D) hydrogen utilization;
       (2) 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
       (3) 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.--
       (1) Advancements.--To the extent permitted under section 
     2703(e), the prizes authorized under subsection (a)(1) shall 
     be awarded biennially to the most significant advance made in 
     each of the four subcategories described in subparagraphs (A) 
     through (D) of subsection (a)(1) since the submission 
     deadline of the previous prize competition in the same 
     category under subsection (a)(1) or the date of enactment of 
     this Act, 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 subsection (a)(1), the Secretary may 
     omit one or more subcategories, reduce the amount of the 
     prizes, or not hold a prize competition.
       (2) Prototypes.--To the extent permitted under section 
     2703(e), prizes authorized under subsection (a)(2) shall be 
     awarded biennially in alternate years from the prizes 
     authorized under subsection (a)(1). 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 subsection (c) for a 
     competition under this paragraph, the Secretary shall not 
     award a prize.
       (3) Transformational technologies.--To the extent permitted 
     under section 2703(e), the Secretary shall announce one prize 
     competition authorized under subsection (a)(3) as soon after 
     the date of enactment of this Act as is practicable. A prize 
     offered under this paragraph 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 section 
     2703(b)(2). The Secretary shall award a prize under this 
     paragraph only when a registered participant has met the 
     objective criteria established for the prize pursuant to 
     subsection (c) and announced pursuant to section 2703(b)(2). 
     Not more than $10,000,000 in Federal funds may be used for 
     the prize award under this paragraph. The administering 
     entity shall seek to raise $40,000,000 toward the matching 
     award under this paragraph.
       (c) Criteria.--In establishing the criteria required by 
     this subtitle, the Secretary--
       (1) shall consult with the Department's Hydrogen Technical 
     and Fuel Cell Advisory Committee;
       (2) shall consult with other Federal agencies, including 
     the National Science Foundation; and
       (3) 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, 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 subsection (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--
       (1) 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
       (2) 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.

     SEC. 2705. ELIGIBILITY.

       To be eligible to win a prize under this subtitle, an 
     individual or entity--
       (1) shall have complied with all the requirements in 
     accordance with the Federal Register notice required under 
     section 2703(b)(2);
       (2) 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
       (3) 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.

     SEC. 2706. INTELLECTUAL PROPERTY.

       The Federal Government shall not, by virtue of offering or 
     awarding a prize under this subtitle, 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 subtitle. 
     This section 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 subtitle.

     SEC. 2707. 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'

[[Page H9908]]

     participation in a competition under this subtitle. The 
     Secretary shall give notice of any waiver required under this 
     subsection in the notice required by section 2703(b)(2). 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.--
       (1) Requirements.--Registered participants shall be 
     required to obtain liability insurance or demonstrate 
     financial responsibility, in amounts determined by the 
     Secretary, for claims by--
       (A) 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 
     subtitle; and
       (B) the Federal Government for damage or loss to Government 
     property resulting from such an activity.
       (2) Federal government insured.--The Federal Government 
     shall be named as an additional insured under a registered 
     participant's insurance policy required under paragraph 
     (1)(A), 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.

     SEC. 2708. REPORT TO CONGRESS.

       Not later than 60 days after the awarding of the first 
     prize under this subtitle, and annually thereafter, the 
     Secretary shall transmit to the Congress a report that--
       (1) identifies each award recipient;
       (2) describes the technologies developed by each award 
     recipient; and
       (3) specifies actions being taken toward commercial 
     application of all technologies with respect to which a prize 
     has been awarded under this subtitle.

     SEC. 2709. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations.--
       (1) Awards.--There are authorized to be appropriated to the 
     Secretary for the period encompassing fiscal years 2008 
     through 2017 for carrying out this subtitle--
       (A) $20,000,000 for awards described in section 2704(a)(1);
       (B) $20,000,000 for awards described in section 2704(a)(2); 
     and
       (C) $10,000,000 for the award described in section 
     2704(a)(3).
       (2) Administration.--In addition to the amounts authorized 
     in paragraph (1), 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 
     subtitle.
       (b) Carryover of Funds.--Funds appropriated for prize 
     awards under this subtitle 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 subtitle 
     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).

     SEC. 2710. NONSUBSTITUTION.

       The programs created under this subtitle shall not be 
     considered a substitute for Federal research and development 
     programs.

          Subtitle I--Coal Gasification for Ethanol Production

     SEC. 2801. SHORT TITLE.

       This subtitle may be cited as the ``America's Domestic 
     Fuels Act''.

     SEC. 2802. FINDINGS.

       The Congress finds the following:
       (1) Currently, the bulk of energy used in the production of 
     ethanol comes from natural gas. While coal is used for this 
     purpose, advanced coal gasification technologies would 
     increase the use of coal and reduce air emissions.
       (2) In coal gasification-based systems, pollutant-forming 
     impurities can be separated from the gaseous stream before 
     combustion. As much as 99 percent of sulfur and other 
     pollutants can be removed and processed into commercial 
     products. Ethanol plants using coal gasification technology 
     offer many benefits.
       (3) Coal potentially is an economically desirable 
     alternative to natural gas as the fuel in ethanol production 
     facilities. The Energy Information Administration projects 
     that in 2025 the industrial cost of natural gas will be $5.99 
     per million Btu but coal will only be $1.86 per million Btu.
       (4) Coal is our most price-consistent fossil fuel. Natural 
     gas is our most price-volatile and unpredictable fuel. In 
     2005 alone, natural gas ranged from $5.75 to over $15.00 per 
     million Btu. Coal therefore has the potential to allow 
     ethanol plants to better manage their costs.
       (5) Coal is a domestic fuel with substantial reserves and 
     growing production. The United States has a vast supply of 
     domestic coal resources to meet soaring energy needs.
       (6) Utilizing coal as a major fuel source for ethanol 
     production could eliminate the need to import natural gas for 
     the process.
       (7) Using domestic coal to produce ethanol has the 
     potential to create jobs, spur new businesses, and generate 
     tax revenues for local communities.
       (8) The United States has ambitious plans to rapidly grow 
     ethanol production, but the scale of this growth will depend 
     upon the availability of an economical fuel source. Events 
     over the past few years have demonstrated that we do not want 
     to be overly dependent on any one fuel source. Thus, 
     dependency on natural gas for ethanol production is 
     undesirable. Diversifying the fuel source used for ethanol 
     production by increasing the number of ethanol plants that 
     are coal fueled reduces risk.

     SEC. 2803. RESEARCH, DEVELOPMENT, AND DEMONSTRATION.

       (a) Grant Program.--The Secretary of Energy shall provide 
     grants to States for the conduct of the research needed to 
     expedite the use of coal gasification as an energy source in 
     ethanol production. Such research assistance shall be 
     provided--
       (1) to develop the knowledge base that will be needed to 
     expediently permit coal gasification fueled ethanol plants;
       (2) to aid ethanol producers in the evaluation and 
     inclusion of coal gasification technologies in existing or 
     new ethanol plants;
       (3) to understand how to reduce the capital costs of coal 
     gasification as an energy source in ethanol production, 
     including making use of byproducts from agricultural 
     practice, and biomass material or blends, in the processing 
     of ethanol; and
       (4) to understand the applicability of carbon dioxide 
     capture and sequestration technologies, including adsorption 
     and absorption techniques and chemical processes, to coal 
     gasification as an energy source in ethanol production.
       (b) Demonstration Project.--At least 1 pilot project 
     receiving assistance under this section shall be fueled by 
     coal gasification and located in an area with high sulfur 
     bituminous coal reserves.
       (c) Research and Development Authorization of 
     Appropriations.--There are authorized to be appropriated to 
     the Secretary of Energy for carrying out research and 
     development activities under this section $5,000,000 for 
     fiscal year 2008.
       (d) Demonstration Project Authorization of 
     Appropriations.--There are authorized to be appropriated to 
     the Secretary of Energy for carrying out demonstration 
     activities under this section $20,000,000 for fiscal year 
     2008.

              TITLE III--TRANSPORTATION AND INFRASTRUCTURE

                    Subtitle A--Federal-Aid Highways

     SEC. 3001. ELIGIBILITY FOR CONGESTION RELIEF PROJECTS.

       Section 149(b) of title 23, United States Code, is amended 
     in the matter following paragraph (7) by inserting after 
     ``travel times'' the following: ``or the Secretary determines 
     that the project is likely to contribute to reductions in 
     fuel consumption or the attainment of a national ambient air 
     quality standard''.

     SEC. 3002. REPEAL.

       Section 1948 of the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users is repealed.

                       Subtitle B--Other Matters

     SEC. 3011. IMPROVING HYDROPOWER CAPABILITIES.

       (a) Study.--The Secretary of the Army shall conduct a study 
     on the potential for reduced fossil fuel consumption through 
     an increase in hydropower capabilities of the Corps of 
     Engineers.
       (b) Contents.--The study shall include the following:
       (1) An inventory of all lands, properties, and projects 
     under the jurisdiction of the Corps of Engineers that have 
     the potential of increasing hydroelectric or other 
     alternative power generation capability, including the 
     ecological impacts of increasing such capability.
       (2) A description of the potential effects of removing 
     Federal hydroelectric power facilities under the jurisdiction 
     of the Corps of Engineers, including--
       (A) the impacts on domestic energy costs to consumers;
       (B) the need to import more energy to compensate for lost 
     production from such hydroelectric power facilities;
       (C) the types of fossil-fuel based or other energy sources 
     that are likely to be utilized to compensate for the lost 
     energy associated with the removal of hydroelectric power 
     facilities; and
       (D) any impacts on existing or future agricultural 
     production of biofuels or other alternative energy sources as 
     a result of the loss of water to the Nation's agricultural 
     sector.
       (3) A description of the potential effects of constructing 
     additional Federal hydroelectric power facilities under the 
     jurisdiction of the Corps of Engineers.
       (c) Report.--Not later than one year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report containing the results of the study conducted under 
     this section.

     SEC. 3012. PERMIT STREAMLINING FOR HAZARDOUS LIQUID AND 
                   BIOFUEL PIPELINES.

       (a) Chief Environmental Permit Officer.--Section 60133(e) 
     of title 49, United States Code, is amended to read as 
     follows:
       ``(e) Chief Environmental Permit Officer.--The Secretary 
     shall designate a chief environmental permit officer to 
     assist resolving disagreements between Federal, State, and 
     local agencies and pipeline operators arising during agency 
     review of pipeline repairs and hazardous liquid and biofuel 
     pipeline construction projects in order to expedite pipeline 
     projects, consistent with protection of human health, public 
     safety, and the environment.''.
       (b) State and Local Permitting Processes.--Section 60133(f) 
     of such title is

[[Page H9909]]

     amended by striking the first sentence and inserting the 
     following: ``The Secretary shall encourage States and local 
     governments to consolidate their respective permitting 
     processes for pipeline repair and hazardous liquid and 
     biofuel pipeline construction projects subject to any time 
     periods for repairs specified by rule by the Secretary.''.
       (c) Construction and Expansion of Pipelines.--Section 60133 
     of such title is further amended by adding at the end the 
     following new subsection:
       ``(g) Construction and Expansion of Pipelines.--Upon 
     request by any person proposing to construct or expand a 
     hazardous liquid pipeline, including pipelines to transport 
     biofuels such as ethanol, the Secretary may coordinate the 
     environmental reviews and permitting processes of the 
     agencies having responsibility for issuing permits or 
     otherwise authorizing pipeline construction projects if the 
     Secretary determines that coordinating the permitting 
     processes to expedite the completion of the project would be 
     in the national interest.''.
       (d) Pipeline Repairs.--Section 60133 of such title (as 
     amended by this subsection (c) of this section) is further 
     amended by adding at the end the following:
       ``(h) Presumptive Exclusions.--
       ``(1) Nepa review.--With respect to any activity described 
     in paragraph (3), including an activity on non-Federal land, 
     if the Federal agency having responsibility for conducting 
     environmental reviews under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) determines that--
       ``(A) the proposed activity is substantially similar to a 
     pipeline repair activity for which the Interagency Committee 
     has developed or adopted best practices under subsection 
     (a)(3) for determining and reducing or eliminating the 
     potential for significant impacts to the human environment 
     under such Act,
       ``(B) the proposed activity is consistent with these best 
     practices, and
       ``(C) in the absence of extraordinary circumstances, the 
     proposed activity is not likely to individually or 
     cumulatively result in significant impacts on the human 
     environment,
     then a Federal agency having responsibility for conducting 
     environmental reviews under such Act or coordinating the 
     permitting process, in consultation with the Council on 
     Environmental Quality, may adopt categorical exclusions for 
     those activities. Actions by those agencies regarding 
     pipeline repair permits shall be subject to a rebuttable 
     presumption that the use of a categorical exclusion will 
     apply.
       ``(2) ESA review.--With respect to any activity described 
     in paragraph (3), including an activity on non-Federal land, 
     if the Secretary of Interior or the Secretary of Commerce--
       ``(A) determines that the proposed activity is 
     substantially similar to a pipeline repair activity for which 
     the Interagency Committee has developed or adopted best 
     practices under subsection (a)(3) for determining and 
     reducing or eliminating impacts to listed species under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),
       ``(B) concludes that if these best practices are followed, 
     the activity is not likely to jeopardize the continued 
     existence of any listed species or adversely modify the 
     habitat of such species, and
       ``(C) concludes that the repair activity would not conflict 
     with any existing biological opinion or any agreement made 
     under such Act relating to the geographic area where the 
     proposed activity will occur,
     then action by the Secretary of the Interior or the Secretary 
     of Commerce regarding pipeline repair permits shall be 
     subject to a rebuttable presumption that the biological 
     assessment and consultation requirements of such Act have 
     been satisfied.
       ``(3) Activities described.--The activities referred to in 
     paragraphs (1) and (2) are the following:
       ``(A) Site repairs required to ensure the integrity of an 
     existing pipeline facility performed entirely within an 
     existing right-of-way corridor that do not change the 
     physical character of the facility and where the facility was 
     constructed in accordance with the environmental reviews and 
     authorizations, if any, required by Federal law.
       ``(B) Functional replacement of pipeline equipment 
     performed entirely within an existing right-of-way corridor 
     that does not change the physical character of the facility 
     and where the facility was constructed in accordance with the 
     environmental reviews and authorizations, if any, required by 
     Federal law.''.

     SEC. 3013. REDUCTION IN THE EMISSION OF GASES THAT MAY CAUSE 
                   CLIMATE CHANGE.

       (a) Environmental Review Criteria.--Section 6(a) of the 
     Deepwater Port Act (33 U.S.C. 1505(a)) is amended--
       (1) in paragraph (6) by striking ``and'' after the 
     semicolon;
       (2) by redesignating paragraph (7) as paragraph (8); and
       (3) by inserting after paragraph (6) the following:
       ``(7) in the case of a deepwater port at which natural gas 
     will be delivered, the effect of the additional natural gas 
     supply provided by that port on reducing the emission of 
     gases that contribute to climate change; and''.
       (b) Ports Deemed in National Interest.--The Deepwater Port 
     Act (33 U.S.C. 1501 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 25. PORTS DEEMED IN NATIONAL INTEREST.

       ``A deepwater port at which natural gas will be delivered 
     is deemed to be in the national interest for purposes of 
     section 4(c)(3) if the natural gas will be used in areas 
     where its use will reduce the emissions of gases that 
     contribute to climate change.''.

            TITLE IV--AMERICAN-MADE ENERGY AND GOOD JOBS ACT

     SEC. 4001. SHORT TITLE.

       This title may be cited as the ``American-Made Energy and 
     Good Jobs Act''.

     SEC. 4002. DEFINITIONS.

       In this title:
       (1) Coastal plain.--The term ``Coastal Plain'' means that 
     area described in appendix I to part 37 of title 50, Code of 
     Federal Regulations.
       (2) Secretary.--The term ``Secretary'', except as otherwise 
     provided, means the Secretary of the Interior or the 
     Secretary's designee.

     SEC. 4003. LEASING PROGRAM FOR LANDS WITHIN THE COASTAL 
                   PLAIN.

       (a) In General.--The Secretary shall take such actions as 
     are necessary--
       (1) to establish and implement, in accordance with this 
     title and acting through the Director of the Bureau of Land 
     Management in consultation with the Director of the United 
     States Fish and Wildlife Service, a competitive oil and gas 
     leasing program that will result in an environmentally sound 
     program for the exploration, development, and production of 
     the oil and gas resources of the Coastal Plain; and
       (2) to administer the provisions of this title through 
     regulations, lease terms, conditions, restrictions, 
     prohibitions, stipulations, and other provisions that ensure 
     the oil and gas exploration, development, and production 
     activities on the Coastal Plain will result in no significant 
     adverse effect on fish and wildlife, their habitat, 
     subsistence resources, and the environment, including, in 
     furtherance of this goal, by requiring the application of the 
     best commercially available technology for oil and gas 
     exploration, development, and production to all exploration, 
     development, and production operations under this title in a 
     manner that ensures the receipt of fair market value by the 
     public for the mineral resources to be leased.
       (b) Repeal.--
       (1) Repeal.--Section 1003 of the Alaska National Interest 
     Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed.
       (2) Conforming amendment.--The table of contents in section 
     1 of such Act is amended by striking the item relating to 
     section 1003.
       (c) Compliance With Requirements Under Certain Other 
     Laws.--
       (1) Compatibility.--For purposes of the National Wildlife 
     Refuge System Administration Act of 1966 (16 U.S.C. 668dd et 
     seq.), the oil and gas leasing program and activities 
     authorized by this section in the Coastal Plain are deemed to 
     be compatible with the purposes for which the Arctic National 
     Wildlife Refuge was established, and no further findings or 
     decisions are required to implement this determination.
       (2) Adequacy of the department of the interior's 
     legislative environmental impact statement.--The ``Final 
     Legislative Environmental Impact Statement'' (April 1987) on 
     the Coastal Plain prepared pursuant to section 1002 of the 
     Alaska National Interest Lands Conservation Act of 1980 (16 
     U.S.C. 3142) and section 102(2)(C) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is 
     deemed to satisfy the requirements under the National 
     Environmental Policy Act of 1969 that apply with respect to 
     prelease activities, including actions authorized to be taken 
     by the Secretary to develop and promulgate the regulations 
     for the establishment of a leasing program authorized by this 
     title before the conduct of the first lease sale.
       (3) Compliance with nepa for other actions.--Before 
     conducting the first lease sale under this title, the 
     Secretary shall prepare an environmental impact statement 
     under the National Environmental Policy Act of 1969 with 
     respect to the actions authorized by this title that are not 
     referred to in paragraph (2). Notwithstanding any other law, 
     the Secretary is not required to identify nonleasing 
     alternative courses of action or to analyze the environmental 
     effects of such courses of action. The Secretary shall only 
     identify a preferred action for such leasing and a single 
     leasing alternative, and analyze the environmental effects 
     and potential mitigation measures for those two alternatives. 
     The identification of the preferred action and related 
     analysis for the first lease sale under this title shall be 
     completed within 18 months after the date of enactment of 
     this Act. The Secretary shall only consider public comments 
     that specifically address the Secretary's preferred action 
     and that are filed within 20 days after publication of an 
     environmental analysis. Notwithstanding any other law, 
     compliance with this paragraph is deemed to satisfy all 
     requirements for the analysis and consideration of the 
     environmental effects of proposed leasing under this title.
       (d) Relationship to State and Local Authority.--Nothing in 
     this title shall be considered to expand or limit State and 
     local regulatory authority.
       (e) Special Areas.--
       (1) In general.--The Secretary, after consultation with the 
     State of Alaska, the city of Kaktovik, and the North Slope 
     Borough, may designate up to a total of 45,000 acres of the 
     Coastal Plain as a Special Area if the

[[Page H9910]]

     Secretary determines that the Special Area is of such unique 
     character and interest so as to require special management 
     and regulatory protection. The Secretary shall designate as 
     such a Special Area the Sadlerochit Spring area, comprising 
     approximately 4,000 acres.
       (2) Management.--Each such Special Area shall be managed so 
     as to protect and preserve the area's unique and diverse 
     character including its fish, wildlife, and subsistence 
     resource values.
       (3) Exclusion from leasing or surface occupancy.--The 
     Secretary may exclude any Special Area from leasing. If the 
     Secretary leases a Special Area, or any part thereof, for 
     purposes of oil and gas exploration, development, production, 
     and related activities, there shall be no surface occupancy 
     of the lands comprising the Special Area.
       (4) Directional drilling.--Notwithstanding the other 
     provisions of this subsection, the Secretary may lease all or 
     a portion of a Special Area under terms that permit the use 
     of horizontal drilling technology from sites on leases 
     located outside the Special Area.
       (f) Limitation on Closed Areas.--The Secretary's sole 
     authority to close lands within the Coastal Plain to oil and 
     gas leasing and to exploration, development, and production 
     is that set forth in this title.
       (g) Regulations.--
       (1) In general.--The Secretary shall prescribe such 
     regulations as may be necessary to carry out this title, 
     including rules and regulations relating to protection of the 
     fish and wildlife, their habitat, subsistence resources, and 
     environment of the Coastal Plain, by no later than 15 months 
     after the date of enactment of this Act.
       (2) Revision of regulations.--The Secretary shall 
     periodically review and, if appropriate, revise the rules and 
     regulations issued under subsection (a) to reflect any 
     significant biological, environmental, or engineering data 
     that come to the Secretary's attention.

     SEC. 4004. LEASE SALES.

       (a) In General.--Lands may be leased pursuant to this title 
     to any person qualified to obtain a lease for deposits of oil 
     and gas under the Mineral Leasing Act (30 U.S.C. 181 et 
     seq.).
       (b) Procedures.--The Secretary shall, by regulation, 
     establish procedures for--
       (1) receipt and consideration of sealed nominations for any 
     area in the Coastal Plain for inclusion in, or exclusion (as 
     provided in subsection (c)) from, a lease sale;
       (2) the holding of lease sales after such nomination 
     process; and
       (3) public notice of and comment on designation of areas to 
     be included in, or excluded from, a lease sale.
       (c) Lease Sale Bids.--Bidding for leases under this title 
     shall be by sealed competitive cash bonus bids.
       (d) Acreage Minimum in First Sale.--In the first lease sale 
     under this title, the Secretary shall offer for lease those 
     tracts the Secretary considers to have the greatest potential 
     for the discovery of hydrocarbons, taking into consideration 
     nominations received pursuant to subsection (b)(1), but in no 
     case less than 200,000 acres.
       (e) Timing of Lease Sales.--The Secretary shall--
       (1) conduct the first lease sale under this title within 22 
     months after the date of the enactment of this Act; and
       (2) conduct additional sales so long as sufficient interest 
     in development exists to warrant, in the Secretary's 
     judgment, the conduct of such sales.

     SEC. 4005. GRANT OF LEASES BY THE SECRETARY.

       (a) In General.--The Secretary may grant to the highest 
     responsible qualified bidder in a lease sale conducted 
     pursuant to section 4004 any lands to be leased on the 
     Coastal Plain upon payment by the lessee of such bonus as may 
     be accepted by the Secretary.
       (b) Subsequent Transfers.--No lease issued under this title 
     may be sold, exchanged, assigned, sublet, or otherwise 
     transferred except with the approval of the Secretary. Prior 
     to any such approval the Secretary shall consult with, and 
     give due consideration to the views of, the Attorney General.

     SEC. 4006. LEASE TERMS AND CONDITIONS.

       (a) In General.--An oil or gas lease issued pursuant to 
     this title shall--
       (1) provide for the payment of a royalty of not less than 
     12\1/2\ percent in amount or value of the production removed 
     or sold from the lease, as determined by the Secretary under 
     the regulations applicable to other Federal oil and gas 
     leases;
       (2) provide that the Secretary may close, on a seasonal 
     basis, portions of the Coastal Plain to exploratory drilling 
     activities as necessary to protect caribou calving areas and 
     other species of fish and wildlife;
       (3) require that the lessee of lands within the Coastal 
     Plain shall be fully responsible and liable for the 
     reclamation of lands within the Coastal Plain and any other 
     Federal lands that are adversely affected in connection with 
     exploration, development, production, or transportation 
     activities conducted under the lease and within the Coastal 
     Plain by the lessee or by any of the subcontractors or agents 
     of the lessee;
       (4) provide that the lessee may not delegate or convey, by 
     contract or otherwise, the reclamation responsibility and 
     liability to another person without the express written 
     approval of the Secretary;
       (5) provide that the standard of reclamation for lands 
     required to be reclaimed under this title shall be, as nearly 
     as practicable, a condition capable of supporting the uses 
     which the lands were capable of supporting prior to any 
     exploration, development, or production activities, or upon 
     application by the lessee, to a higher or better use as 
     approved by the Secretary;
       (6) contain terms and conditions relating to protection of 
     fish and wildlife, their habitat, subsistence resources, and 
     the environment as required pursuant to section 4003(a)(2);
       (7) provide that the lessee, its agents, and its 
     contractors use best efforts to provide a fair share, as 
     determined by the level of obligation previously agreed to in 
     the 1974 agreement implementing section 29 of the Federal 
     Agreement and Grant of Right of Way for the Operation of the 
     Trans-Alaska Pipeline, of employment and contracting for 
     Alaska Natives and Alaska Native Corporations from throughout 
     the State;
       (8) prohibit the export of oil produced under the lease; 
     and
       (9) contain such other provisions as the Secretary 
     determines necessary to ensure compliance with the provisions 
     of this title and the regulations issued under this title.
       (b) Project Labor Agreements.--The Secretary, as a term and 
     condition of each lease under this title and in recognizing 
     the Government's proprietary interest in labor stability and 
     in the ability of construction labor and management to meet 
     the particular needs and conditions of projects to be 
     developed under the leases issued pursuant to this title and 
     the special concerns of the parties to such leases, shall 
     require that the lessee and its agents and contractors 
     negotiate to obtain a project labor agreement for the 
     employment of laborers and mechanics on production, 
     maintenance, and construction under the lease.

     SEC. 4007. COASTAL PLAIN ENVIRONMENTAL PROTECTION.

       (a) No Significant Adverse Effect Standard to Govern 
     Authorized Coastal Plain Activities.--The Secretary shall, 
     consistent with the requirements of section 4003, administer 
     the provisions of this title through regulations, lease 
     terms, conditions, restrictions, prohibitions, stipulations, 
     and other provisions that--
       (1) ensure the oil and gas exploration, development, and 
     production activities on the Coastal Plain will result in no 
     significant adverse effect on fish and wildlife, their 
     habitat, and the environment;
       (2) require the application of the best commercially 
     available technology for oil and gas exploration, 
     development, and production on all new exploration, 
     development, and production operations; and
       (3) ensure that the maximum amount of surface acreage 
     covered by production and support facilities, including 
     airstrips and any areas covered by gravel berms or piers for 
     support of pipelines, does not exceed 2,000 acres on the 
     Coastal Plain.
       (b) Site-Specific Assessment and Mitigation.--The Secretary 
     shall also require, with respect to any proposed drilling and 
     related activities, that--
       (1) a site-specific analysis be made of the probable 
     effects, if any, that the drilling or related activities will 
     have on fish and wildlife, their habitat, subsistence 
     resources, and the environment;
       (2) a plan be implemented to avoid, minimize, and mitigate 
     (in that order and to the extent practicable) any significant 
     adverse effect identified under paragraph (1); and
       (3) the development of the plan shall occur after 
     consultation with the agency or agencies having jurisdiction 
     over matters mitigated by the plan.
       (c) Regulations to Protect Coastal Plain Fish and Wildlife 
     Resources, Subsistence Users, and the Environment.--Before 
     implementing the leasing program authorized by this title, 
     the Secretary shall prepare and promulgate regulations, lease 
     terms, conditions, restrictions, prohibitions, stipulations, 
     and other measures designed to ensure that the activities 
     undertaken on the Coastal Plain under this title are 
     conducted in a manner consistent with the purposes and 
     environmental requirements of this title.
       (d) Compliance With Federal and State Environmental Laws 
     and Other Requirements.--The proposed regulations, lease 
     terms, conditions, restrictions, prohibitions, and 
     stipulations for the leasing program under this title shall 
     require compliance with all applicable provisions of Federal 
     and State environmental law, and shall also require the 
     following:
       (1) Standards at least as effective as the safety and 
     environmental mitigation measures set forth in items 1 
     through 29 at pages 167 through 169 of the ``Final 
     Legislative Environmental Impact Statement'' (April 1987) on 
     the Coastal Plain.
       (2) Seasonal limitations on exploration, development, and 
     related activities, where necessary, to avoid significant 
     adverse effects during periods of concentrated fish and 
     wildlife breeding, denning, nesting, spawning, and migration.
       (3) That exploration activities, except for surface 
     geological studies, be limited to the period between 
     approximately November 1 and May 1 each year and that 
     exploration activities shall be supported, if necessary, by 
     ice roads, winter trails with adequate snow cover, ice pads, 
     ice airstrips, and air transport methods, except that such 
     exploration activities may occur at other times if the 
     Secretary finds that such exploration will have no 
     significant adverse effect on the fish

[[Page H9911]]

     and wildlife, their habitat, and the environment of the 
     Coastal Plain.
       (4) Design safety and construction standards for all 
     pipelines and any access and service roads, that--
       (A) minimize, to the maximum extent possible, adverse 
     effects upon the passage of migratory species such as 
     caribou; and
       (B) minimize adverse effects upon the flow of surface water 
     by requiring the use of culverts, bridges, and other 
     structural devices.
       (5) Prohibitions on general public access and use on all 
     pipeline access and service roads.
       (6) Stringent reclamation and rehabilitation requirements, 
     consistent with the standards set forth in this title, 
     requiring the removal from the Coastal Plain of all oil and 
     gas development and production facilities, structures, and 
     equipment upon completion of oil and gas production 
     operations, except that the Secretary may exempt from the 
     requirements of this paragraph those facilities, structures, 
     or equipment that the Secretary determines would assist in 
     the management of the Arctic National Wildlife Refuge and 
     that are donated to the United States for that purpose.
       (7) Appropriate prohibitions or restrictions on access by 
     all modes of transportation.
       (8) Appropriate prohibitions or restrictions on sand and 
     gravel extraction.
       (9) Consolidation of facility siting.
       (10) Appropriate prohibitions or restrictions on use of 
     explosives.
       (11) Avoidance, to the extent practicable, of springs, 
     streams, and river system; the protection of natural surface 
     drainage patterns, wetlands, and riparian habitats; and the 
     regulation of methods or techniques for developing or 
     transporting adequate supplies of water for exploratory 
     drilling.
       (12) Avoidance or minimization of air traffic-related 
     disturbance to fish and wildlife.
       (13) Treatment and disposal of hazardous and toxic wastes, 
     solid wastes, reserve pit fluids, drilling muds and cuttings, 
     and domestic wastewater, including an annual waste management 
     report, a hazardous materials tracking system, and a 
     prohibition on chlorinated solvents, in accordance with 
     applicable Federal and State environmental law.
       (14) Fuel storage and oil spill contingency planning.
       (15) Research, monitoring, and reporting requirements.
       (16) Field crew environmental briefings.
       (17) Avoidance of significant adverse effects upon 
     subsistence hunting, fishing, and trapping by subsistence 
     users.
       (18) Compliance with applicable air and water quality 
     standards.
       (19) Appropriate seasonal and safety zone designations 
     around well sites, within which subsistence hunting and 
     trapping shall be limited.
       (20) Reasonable stipulations for protection of cultural and 
     archeological resources.
       (21) All other protective environmental stipulations, 
     restrictions, terms, and conditions deemed necessary by the 
     Secretary.
       (e) Considerations.--In preparing and promulgating 
     regulations, lease terms, conditions, restrictions, 
     prohibitions, and stipulations under this section, the 
     Secretary shall consider the following:
       (1) The stipulations and conditions that govern the 
     National Petroleum Reserve-Alaska leasing program, as set 
     forth in the 1999 Northeast National Petroleum Reserve-Alaska 
     Final Integrated Activity Plan/Environmental Impact 
     Statement.
       (2) The environmental protection standards that governed 
     the initial Coastal Plain seismic exploration program under 
     parts 37.31 to 37.33 of title 50, Code of Federal 
     Regulations.
       (3) The land use stipulations for exploratory drilling on 
     the KIC-ASRC private lands that are set forth in Appendix 2 
     of the August 9, 1983, agreement between Arctic Slope 
     Regional Corporation and the United States.
       (f) Facility Consolidation Planning.--
       (1) In general.--The Secretary shall, after providing for 
     public notice and comment, prepare and update periodically a 
     plan to govern, guide, and direct the siting and construction 
     of facilities for the exploration, development, production, 
     and transportation of Coastal Plain oil and gas resources.
       (2) Objectives.--The plan shall have the following 
     objectives:
       (A) Avoiding unnecessary duplication of facilities and 
     activities.
       (B) Encouraging consolidation of common facilities and 
     activities.
       (C) Locating or confining facilities and activities to 
     areas that will minimize impact on fish and wildlife, their 
     habitat, and the environment.
       (D) Utilizing existing facilities wherever practicable.
       (E) Enhancing compatibility between wildlife values and 
     development activities.
       (g) Access to Public Lands.--The Secretary shall--
       (1) manage public lands in the Coastal Plain subject to 
     subsections (a) and (b) of section 811 of the Alaska National 
     Interest Lands Conservation Act (16 U.S.C. 3121); and
       (2) ensure that local residents shall have reasonable 
     access to public lands in the Coastal Plain for traditional 
     uses.

     SEC. 4008. EXPEDITED JUDICIAL REVIEW.

       (a) Filing of Complaint.--
       (1) Deadline.--Subject to paragraph (2), any complaint 
     seeking judicial review of any provision of this title or any 
     action of the Secretary under this title shall be filed--
       (A) except as provided in subparagraph (B), within the 90-
     day period beginning on the date of the action being 
     challenged; or
       (B) in the case of a complaint based solely on grounds 
     arising after such period, within 90 days after the 
     complainant knew or reasonably should have known of the 
     grounds for the complaint.
       (2) Venue.--Any complaint seeking judicial review of any 
     provision of this title or any action of the Secretary under 
     this title may be filed only in the United States Court of 
     Appeals for the District of Columbia.
       (3) Limitation on scope of certain review.--Judicial review 
     of a Secretarial decision to conduct a lease sale under this 
     title, including the environmental analysis thereof, shall be 
     limited to whether the Secretary has complied with the terms 
     of this title and shall be based upon the administrative 
     record of that decision. The Secretary's identification of a 
     preferred course of action to enable leasing to proceed and 
     the Secretary's analysis of environmental effects under this 
     title shall be presumed to be correct unless shown otherwise 
     by clear and convincing evidence to the contrary.
       (b) Limitation on Other Review.--Actions of the Secretary 
     with respect to which review could have been obtained under 
     this section shall not be subject to judicial review in any 
     civil or criminal proceeding for enforcement.

     SEC. 4009. FEDERAL AND STATE DISTRIBUTION OF REVENUES.

       (a) In General.--Notwithstanding any other provision of 
     law, of the amount of adjusted bonus, rental, and royalty 
     revenues from Federal oil and gas leasing and operations 
     authorized under this title--
       (1) 50 percent shall be paid to the State of Alaska; and
       (2) except as provided in section 4012(d), the balance 
     shall be deposited into the Treasury as miscellaneous 
     receipts.
       (b) Payments to Alaska.--Payments to the State of Alaska 
     under this section shall be made semiannually.

     SEC. 4010. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN.

       (a) In General.--The Secretary shall issue rights-of-way 
     and easements across the Coastal Plain for the transportation 
     of oil and gas--
       (1) except as provided in paragraph (2), under section 28 
     of the Mineral Leasing Act (30 U.S.C. 185), without regard to 
     title XI of the Alaska National Interest Lands Conservation 
     Act (30 U.S.C. 3161 et seq.); and
       (2) under title XI of the Alaska National Interest Lands 
     Conservation Act (30 U.S.C. 3161 et seq.), for access 
     authorized by sections 1110 and 1111 of that Act (16 U.S.C. 
     3170 and 3171).
       (b) Terms and Conditions.--The Secretary shall include in 
     any right-of-way or easement issued under subsection (a) such 
     terms and conditions as may be necessary to ensure that 
     transportation of oil and gas does not result in a 
     significant adverse effect on the fish and wildlife, 
     subsistence resources, their habitat, and the environment of 
     the Coastal Plain, including requirements that facilities be 
     sited or designed so as to avoid unnecessary duplication of 
     roads and pipelines.
       (c) Regulations.--The Secretary shall include in 
     regulations under section 4003(g) provisions granting rights-
     of-way and easements described in subsection (a) of this 
     section.

     SEC. 4011. CONVEYANCE.

       In order to maximize Federal revenues by removing clouds on 
     title to lands and clarifying land ownership patterns within 
     the Coastal Plain, the Secretary, notwithstanding the 
     provisions of section 1302(h)(2) of the Alaska National 
     Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall 
     convey--
       (1) to the Kaktovik Inupiat Corporation the surface estate 
     of the lands described in paragraph 1 of Public Land Order 
     6959, to the extent necessary to fulfill the Corporation's 
     entitlement under sections 12 and 14 of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance 
     with the terms and conditions of the Agreement between the 
     Department of the Interior, the United States Fish and 
     Wildlife Service, the Bureau of Land Management, and the 
     Kaktovik Inupiat Corporation effective January 22, 1993; and
       (2) to the Arctic Slope Regional Corporation the remaining 
     subsurface estate to which it is entitled pursuant to the 
     August 9, 1983, agreement between the Arctic Slope Regional 
     Corporation and the United States of America.

     SEC. 4012. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE 
                   ASSISTANCE.

       (a) Financial Assistance Authorized.--
       (1) In general.--The Secretary may use amounts available 
     from the Coastal Plain Local Government Impact Aid Assistance 
     Fund established by subsection (d) to provide timely 
     financial assistance to entities that are eligible under 
     paragraph (2) and that are directly impacted by the 
     exploration for or production of oil and gas on the Coastal 
     Plain under this title.
       (2) Eligible entities.--The North Slope Borough, the City 
     of Kaktovik, and any other borough, municipal subdivision, 
     village, or other community in the State of Alaska that is 
     directly impacted by exploration for, or the production of, 
     oil or gas on the Coastal Plain under this title, as 
     determined by the Secretary, shall be eligible for financial 
     assistance under this section.
       (b) Use of Assistance.--Financial assistance under this 
     section may be used only for--

[[Page H9912]]

       (1) planning for mitigation of the potential effects of oil 
     and gas exploration and development on environmental, social, 
     cultural, recreational, and subsistence values;
       (2) implementing mitigation plans and maintaining 
     mitigation projects;
       (3) developing, carrying out, and maintaining projects and 
     programs that provide new or expanded public facilities and 
     services to address needs and problems associated with such 
     effects, including fire-fighting, police, water, waste 
     treatment, medivac, and medical services; and
       (4) establishment of a coordination office, by the north 
     slope borough, in the city of kaktovik, which shall--
       (A) coordinate with and advise developers on local 
     conditions, impact, and history of the areas utilized for 
     development; and
       (B) provide to the Committee on Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate an annual report on the status of 
     coordination between developers and the communities affected 
     by development.
       (c) Application.--
       (1) In general.--Any community that is eligible for 
     assistance under this section may submit an application for 
     such assistance to the Secretary, in such form and under such 
     procedures as the Secretary may prescribe by regulation.
       (2) North slope borough communities.--A community located 
     in the North Slope Borough may apply for assistance under 
     this section either directly to the Secretary or through the 
     North Slope Borough
       (3) Application assistance.--The Secretary shall work 
     closely with and assist the North Slope Borough and other 
     communities eligible for assistance under this section in 
     developing and submitting applications for assistance under 
     this section.
       (d) Establishment of Fund.--
       (1) In general.--There is established in the Treasury the 
     Coastal Plain Local Government Impact Aid Assistance Fund.
       (2) Use.--Amounts in the fund may be used only for 
     providing financial assistance under this section.
       (3) Deposits.--Subject to paragraph (4), there shall be 
     deposited into the fund amounts received by the United States 
     as revenues derived from rents, bonuses, and royalties from 
     Federal leases and lease sales authorized under this title.
       (4) Limitation on deposits.--The total amount in the fund 
     may not exceed $11,000,000.
       (5) Investment of balances.--The Secretary of the Treasury 
     shall invest amounts in the fund in interest bearing 
     government securities.
       (e) Authorization of Appropriations.--To provide financial 
     assistance under this section there is authorized to be 
     appropriated to the Secretary from the Coastal Plain Local 
     Government Impact Aid Assistance Fund $5,000,000 for each 
     fiscal year.

     SEC. 4013. OIL AND GAS LEASING 100 MILES OR MORE FROM THE 
                   COASTLINE.

        (a) Leasing and Preleasing Activities.--The Secretary of 
     the Interior may conduct oil and gas leasing and preleasing 
     activities for the area of the outer Continental Shelf 100 
     miles or more seaward from the coastline.
       (b) Revocation of Withdrawals.--All withdrawals of 
     submerged lands of the outer Continental Shelf from leasing 
     for oil and gas by the President under the authority of 
     section 12 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1341) are hereby revoked and no longer in effect with 
     respect to the leasing of areas 100 miles or more seaward 
     from the coastline.
       (c) Definitions.--For purposes of this section and the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) 
     the following definitions shall apply:
       (1) The term ``miles'' means statute miles.
       (2) The term ``coastline'' has the same meaning as the term 
     ``coast line'' as defined in section 2(c) of the Submerged 
     Lands Act (43 U.S.C. 1301(c).

  Mr. BARTON of Texas (during the reading). Mr. Speaker, I ask 
unanimous consent that the motion be considered as read and printed in 
the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  The SPEAKER pro tempore. The gentleman from Texas is recognized for 5 
minutes.
  Mr. BARTON of Texas. Mr. Speaker, if I wanted to be cute, I would ask 
that the motion to recommit be read, which I did a couple of weeks ago 
on the SCHIP bill, because it's 340 pages long, but due to time 
constraints, I appreciate the unanimous consent request that we 
consider it as read.
  Mr. DINGELL. Reserving the right to object, you know, I enjoyed the 
reading of this so much the first time that I think I'd like to hear it 
again.
  Mr. BARTON of Texas. Okay. Hey, if you've got the time, I've got the 
bill.
  Mr. DINGELL. But out of special affection for my dear friend from 
Texas, I will not ask that it be read.
  Mr. BARTON of Texas. I appreciate the gentleman from Michigan.
  This is a real energy bill. There's no gimmicks in it. I'm going to 
try to explain as quickly as I can what's in it so that everybody knows 
what you're voting on. But it does have ANWR in it, and I know that's 
controversial. It has OCS drilling for natural gas outside of 100 
miles. It has a coal-to-liquids title in it. It has an alternative fuel 
section in it. It has an L&G terminal siting provision in it. It has a 
hydrogen research provision in it. It has a hydrogen prize in it. It 
would have been the substitute had a substitute been made in order, but 
obviously, as we know now, a substitute was not made in order.
  So, for Members on both sides of the aisle that want to vote for an 
energy bill that actually has energy in it, this is your chance on the 
motion to recommit.
  It is forthwith. So it would immediately be in play and in this body 
and could be voted on for final passage.
  So I strongly urge the passage of the motion to recommit.

                              {time}  1700

  I yield to Mr. Peterson of Pennsylvania.
  Mr. PETERSON of Pennsylvania. Mr. Speaker, Americans are concerned, 
and they should be. We had $79 oil this week, $7 natural gas, the 
highest prices in the world, especially for natural gas. Oil prices are 
predicted to go to $100 this year with what's going on in the world.
  America needs to use its resources. Canada, Great Britain, Norway, 
Sweden, Holland, Belgium, Ireland, New Zealand and Australia use their 
resources on the Outer Continental Shelf. This bill opens it up from 
100 on out. It's the safest place, the least imprint. It's the safest 
place to produce energy in the world.
  Everybody in the country laughs at us when I talk to them about why 
we don't produce there. If we want to have a petrochemical business 
left in America, a polymer, plastics, fertilizer, steel, aluminum, 
bricks and glass, if we want jobs for our working people, we need 
affordable oil. We need affordable natural gas.
  We have to stop being 2 percent more dependent every year. Every year 
we're gaining 2 percent in dependence on foreign oil. This has to stop.
  We need to open up the Outer Continental Shelf.
  Mr. BARTON of Texas. I yield to the gentleman from Florida.
  Mr. MILLER of Florida. I thank the chairman for yielding some time 
just to ask very quickly for your assurance that there is nothing in 
this recommittal that affects the statutory change that we made last 
year that sets the military mission line in the eastern Gulf of Mexico.
  Mr. BARTON of Texas. That is correct.
  In the brief time I have, I want to make one correction. I said the 
OCS provision was for natural gas drilling outside of 100 miles. I have 
been informed it would also include oil. Again, in the interest of 
informed consent, it would allow drilling for both natural gas and oil 
outside the 100-mile limit.
  This is the real energy security bill. It's the energy bill that 
actually has a supply package in it. We're consuming more energy. I 
know we need to conserve. The current bill before us does have some 
conservation measures that are worthy of support. This also has a 
supply package that's worthy of support.
  Mr. Speaker, I yield back the balance of my time.
  Mr. HOYER. Mr. Speaker, I rise in opposition to the motion.
  The SPEAKER pro tempore. The gentleman from Maryland is recognized.
  Mr. HOYER. Mr. Speaker, I know how concerned you all have been that 
you haven't gotten sufficient time to consider legislation that's put 
before you. We have had this for 6 or 7 minutes, and, of course, we 
have read it page to page. Reading it page to page, we have concluded 
that we ought not to support it.
  Mr. BARTON of Texas. Would the majority leader yield?
  Mr. HOYER. Very briefly.
  Mr. BARTON of Texas. We presented this to the Rules Committee as a 
substitute.
  Mr. HOYER. I understand that. But I just got it, and we just got it 
on the desk as to what you were going to add.
  Ladies and gentlemen of the House, the distinguished ranking member 
has outlined what's in this bill. It is emblematic of the problem we 
have seen

[[Page H9913]]

for 12 years where we have ignored conservation, where we have ignored 
alternative energy sources, where we have ignored reaching out with the 
understanding that petroleum is going to run out from wherever we seek 
it and that we therefore need to move in a new direction and adopt a 
new policy and to adopt a policy on the future, not on the present, 
adopt a policy that looks to our children and grandchildren's future as 
well as the future of ourselves.
  Ladies and gentlemen, this motion puts together a complete substitute 
with three key differences from our bill. It includes refinery 
streamlining, provisions that were rejected, rejected in the 2005 
Energy Conference Committee, rejected. We were not in charge. That's in 
this bill. These provisions override environmental law, reduce public 
participation, and do so for no real benefit.
  The provisions in the 2005 law have never been used, and the 
provisions in this substitute is a solution in search of a problem. The 
substitute also includes Arctic refuge drilling, as the gentleman has 
made clear.
  We repeatedly rejected that proposition. It could have been offered 
in a separate amendment. It was not, but it's not hidden in this bill, 
and we ought to know that. It does not produce oil for more than a 
decade, while conservation has immediate opportunities.
  Finally, the substitute also includes alternative fuel standards; 
H.R. 3221 does not. We decided to let the committee of jurisdiction 
work that matter. It is in the Senate bill. I have said repeatedly over 
the months that standard will be in a bill that we send to the 
President of the United States.
  But the Energy Committee is going to be working on that, the Senate 
has worked on that, and we will work our will.
  Ladies and gentlemen, this is an extraordinary bill. We said when we 
ran for office that we would provide a new direction for energy 
independence for America, for security reasons, for security reasons, 
for economic reasons, and for environmental reasons. We are meeting our 
promise today.
  Reject this substitute, which you have not possibly had the time to 
read, and enact one of the most far-reaching, new-direction, future-
oriented energy bills that this House will have ever passed. Reject the 
substitute. Vote for this bill. Let us move so the American public can 
have confidence in a better America.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. BARTON of Texas. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 169, 
noes 244, not voting 20, as follows:

                             [Roll No. 831]

                               AYES--169

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Baker
     Barrett (SC)
     Barton (TX)
     Biggert
     Bilbray
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boren
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Chabot
     Cole (OK)
     Conaway
     Cubin
     Culberson
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Flake
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gillmor
     Gingrey
     Gohmert
     Goodlatte
     Granger
     Graves
     Green, Gene
     Hall (TX)
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hulshof
     Issa
     Jones (NC)
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     Lamborn
     Lampson
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Ortiz
     Pearce
     Pence
     Peterson (PA)
     Pickering
     Pitts
     Poe
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Roskam
     Royce
     Ryan (WI)
     Sali
     Schmidt
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (SC)
     Young (AK)
     Young (FL)

                               NOES--244

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bartlett (MD)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Buchanan
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castle
     Castor
     Chandler
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Ferguson
     Filner
     Fossella
     Frank (MA)
     Frelinghuysen
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gonzalez
     Gordon
     Green, Al
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inglis (SC)
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Kirk
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Perlmutter
     Peterson (MN)
     Petri
     Platts
     Pomeroy
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Reichert
     Reyes
     Rodriguez
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shuler
     Sires
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walsh (NY)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Wilson (NM)
     Wilson (OH)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth

                             NOT VOTING--20

     Clarke
     Clay
     Coble
     Crenshaw
     Davis, Jo Ann
     Goode
     Hastert
     Hayes
     Hinojosa
     Hunter
     Jindal
     Johnson, Sam
     Klein (FL)
     Kucinich
     LaHood
     Lantos
     Paul
     Saxton
     Skelton
     Tancredo


                Announcement by the Speaker pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised 2 
minutes remain in this vote.

                              {time}  1724

  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. BARTON of Texas. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 241, 
noes 172, not voting 20, as follows:

                             [Roll No. 832]

                               AYES--241

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Bartlett (MD)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer

[[Page H9914]]


     Boswell
     Boucher
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castle
     Castor
     Chandler
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Ferguson
     Filner
     Fortenberry
     Frank (MA)
     Frelinghuysen
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gillmor
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inglis (SC)
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Kirk
     Knollenberg
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McHugh
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Perlmutter
     Peterson (MN)
     Petri
     Platts
     Pomeroy
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Reichert
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shuler
     Sires
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stupak
     Sutton
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walsh (NY)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Wilson (OH)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth

                               NOES--172

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Baker
     Barrett (SC)
     Barrow
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boren
     Boustany
     Boyd (FL)
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Chabot
     Cole (OK)
     Conaway
     Cubin
     Culberson
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Flake
     Forbes
     Fossella
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gingrey
     Gohmert
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hulshof
     Issa
     Jones (NC)
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kline (MN)
     Kuhl (NY)
     Lamborn
     Lampson
     Latham
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     Matheson
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McKeon
     McMorris Rodgers
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Pearce
     Pence
     Peterson (PA)
     Pickering
     Pitts
     Poe
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Tanner
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Walberg
     Walden (OR)
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Young (AK)
     Young (FL)

                             NOT VOTING--20

     Clarke
     Clay
     Coble
     Crenshaw
     Davis, Jo Ann
     Goode
     Hastert
     Hayes
     Hinojosa
     Hunter
     Jindal
     Johnson, Sam
     Klein (FL)
     Kucinich
     LaHood
     Lantos
     Paul
     Saxton
     Skelton
     Tancredo


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised that 
there are 2 minutes remaining in this vote.

                              {time}  1740

  Mr. PORTER changed his vote from ``aye'' to ``no.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________