[Congressional Record (Bound Edition), Volume 153 (2007), Part 6]
[Senate]
[Pages 7596-7604]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. REID (for himself and Mr. Sanders):
  S. 986. A bill to expand eligibility for Combat-Related Special 
Compensation paid by the uniformed services in order to permit certain 
additional retired members who have a service-connected disability to 
receive both disability compensation from the Department of Veterans 
Affairs for that disability and Combat-Related Special Compensation by 
reason of that disability; to the Committee on Armed Services.
  Mr. REID. Mr. President, before I introduce my legislation, The 
Combat Related Special Compensation Act of 2007, I would like to 
briefly talk about the unfair treatment and the deplorable health care 
conditions found at the Walter Reed Army Medical Center. I feel that 
the current situation there has some bearing on my legislation.
  Walter Reed is one of the Army's best-known and premier medical 
facilities for wounded service members in the country. Numerous reports 
by the Government Accounting Office and transcripts of congressional 
testimony indicate that many of our military facilities for wounded 
outpatients are in disarray. These facilities are plagued by mold, 
mice, stained carpets, and a system ill equipped to handle another 
generation of psychologically scarred veterans.
  Nearly 4,000 outpatients are currently in the military's Medical 
Holding companies, which oversee the

[[Page 7597]]

wounded. Soldiers and veterans across the country report bureaucratic 
neglect similar to Walter Reed's: untrained staff; misplaced paperwork; 
lost computer generated medical appointments; and long waits for 
consultations. These serious problems have resulted from bureaucratic 
red tape and substandard health care conditions. This situation is 
unacceptable. We have not fulfilled our covenant, nor have we kept our 
promise to take care of our troops.
  Our dedicated service members took an oath to serve our Nation. We as 
policy makers have a moral obligation to take care of these dedicated 
service men and women that have shown heroic patriotism in Afghanistan 
and Iraq.
  ``As described in the Washington Post'', It is not just a problem at 
Walter Reed: others describe depressing living conditions for 
outpatients at military bases throughout the country. Let me share with 
you the comments of a 70-year-old soldier, Mr. Oliva, who is worried 
about the military health care our wounded will receive. He described 
his own troubling experiences at the VA hospital in Livermore, CA.
  ``It is not just Walter Reed,'' Mr. Oliva states. ``The VA hospitals 
are not good either except for the staff members who work so hard. It 
brings tears to my eyes when I see my brothers and sisters having to 
deal with these conditions.''
  Mr. Oliva is but one voice in a vast outpouring of emotion and anger 
about the treatment of wounded outpatients at Walter Reed. Stories of 
neglect and substandard care have flooded in from soldiers, their 
family members, veterans, doctors and nurses working inside the system. 
This is appalling and an embarrassment to our Nation.
  I am particularly concerned that some of the highest ranking 
officials were aware of the problem for almost two years, but took no 
action to correct the situation. While we have seen some positive signs 
from the fallout over the scandal, such as the firing of the head of 
Walter Reed and the establishment of a bipartisan commission, more must 
be done.
  Our soldiers receive first class care in combat, and they should 
receive the same level of care in our own country. Congress must lead 
the way in this effort. We must continue our efforts and pass 
legislation that will improve the quality of life for all of America's 
heroes, including providing them with the benefits they have earned.
  Today, I join with many of my Senate colleagues to fight and end the 
ban on current receipt so that disabled veterans can get the fair 
benefits they deserve. We have made some progress over the last few 
years, but as everyone knows, we still have a lot of work to do.
  The legislation I am introducing today--the Combat-Related Special 
Compensation Act of 2007, would continue to chip away at this unfair 
policy, by giving pro-rated retirement benefits to our service men and 
women who are forced into early retirement because of their combat-
related injuries.
  Our veterans on a day-to-day basis sacrifice their life for our 
country. As public servants, we Americans owe it to our dedicated 
service men and women to end this inequity. We must support our troops; 
we must ensure that those who serve us with dignity and valor receive 
these deserving benefits. They have earned it and they deserve it.
  My legislation will take care of soldiers who had hoped to make the 
military a career, but were discharged prematurely for an injury 
sustained in combat and forced to retire medically before attaining 20 
years of service.
  Like many of you, I have visited military hospitals on several 
occasions and have seen first hand the injuries sustained by our 
military personnel. Many of the members have reached the 10-, 12-, 14-
year marks of their military careers and have been forced to retire 
medically before they meet the 20-year requirement to receive full 
benefits. Right now, these soldiers receive combat-related disability 
benefits, but are not eligible to receive retirement benefits because 
they cannot fulfill the 20-year service requirement.
  This is a travesty to treat our dedicated service men and women 
inequitably. It's wrong.
  We should not penalize veterans because they incurred a combat-
related injury while serving their country. This legislation will 
ensure they will receive both their prorated military retirement pay, 
along with their disability compensation.
  Let me point out that this legislation is especially important given 
the injuries sustained by these troops that are currently serving in 
Afghanistan, Iraq, and other theaters throughout the world. This 
legislation is essential for the more than 23,000 injured personnel who 
are returning from war. The widespread use of improvised explosive 
devices (IED) has created numerous amputees and therefore, result in an 
increase in medically discharged veterans. As described in stories 
reported by the Washington Post, a 25-year-old soldier got too close to 
an IED in Iraq and was sent to Walter Reed, where doctors did all they 
could before shipping the soldier to the VA for the remainder of his 
life. Will this young soldier be one of the victims of war that do not 
receive disability compensation and military retirement pay?
  Mr. President, ensuring our veterans receive retirement benefits they 
have earned is the right thing to do, especially in light of recent 
issues surrounding the treatment of patients at Walter Reed. We must 
never forget the sacrifices our service men and women have made to 
protect our freedom. They serve because they love this great country. 
Taking care of our veterans is not only the right thing to do; it is 
also important for our efforts to win the war on terror. In our all-
volunteer military, it is critical to attract and retain professional 
and dedicated soldiers. In turn, they expect that we will honor our 
commitments to provide health care and other primary benefits for them 
and their families.
  By ending this unfair policy, we now have an opportunity to show our 
gratitude to our veterans. If we are to truly honor the sacrifices of 
our veterans, we need to ensure that those who were injured in defense 
of our Nation receive these well deserved benefits.
  While our Nation is at war, there is no better honor we could bestow 
upon them than to pass this legislation.
  Mr. President, I ask unanimous consent that the text of this 
legislation be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 986

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Combat-Related Special 
     Compensation Act of 2007''.

     SEC. 2. EXPANSION OF COMBAT-RELATED SPECIAL COMPENSATION 
                   ELLGIBILITY FOR CHAPTER 61 MILITARY RETIREES.

       (a) Eligibility.--Subsection (c) of section 1413a of title 
     10, United States Code, is amended by striking ``entitled to 
     retired pay who--'' and all that follows and inserting 
     ``who--
       ``(1) is entitled to retired pay (other than by reason of 
     section 12731b of this title); and
       ``(2) has a combat-related disability.''.
       (b) Computation.--Paragraph (3) of subsection (b) of such 
     section is amended--
       (1) by designating the text of that paragraph as 
     subparagraph (A), realigning that text so as to be indented 4 
     ems from the left margin, and inserting before ``In the case 
     of'' the following heading: ``In general.--''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) Special rule for retirees with fewer than 20 years of 
     service.--In the case of an eligible combat-related disabled 
     uniformed services retiree who is retired under chapter 61 of 
     this title with fewer than 20 years of creditable service, 
     the amount of the payment under paragraph (1) for any month 
     shall be reduced by the amount (if any) by which the amount 
     of the member's retired pay under chapter 61 of this title 
     exceeds the amount equal to 21\1/2\ percent of the member's 
     years of creditable service multiplied by the member's 
     retired pay base under section 1406(b)(1) or 1407 of this 
     title, whichever is applicable to the member.''.
       (c) Effective Date.---The amendments made by this section 
     shall take effect on January 1, 2008, and shall apply to 
     payments for months beginning on or after that date.
                                 ______
                                 
      By Mr. BINGAMAN (for himself and Mr. Domenici):
  S. 987. A bill to enhance the energy security of the United States by 
promoting biofuels and for other purposes;

[[Page 7598]]

to the Committee on Energy and Natural Resources.
  Mr. President, I am very pleased to introduce the Biofuels for Energy 
Security and Transportation Act of 2007, along with my co-sponsor, 
Senator Domenici. This bipartisan bill will increase our use of home-
grown biofuels and reduce our dependence on imported oil.
  The bill establishes a new Renewable Fuel Standard. Starting in 2008, 
the new renewable fuel standard will require 8.5 billion gallons of 
renewable fuel. The standard increases gradually to 15 billion gallons 
per year by 2015. After 2015, a complementary ``advanced biofuel'' 
standard takes effect. This standard requires 3 billion gallons per 
year of advanced biofuels in 2016 and increases steadily to reach 21 
billion gallons per year in 2022, for a total renewable fuel standard 
of 36 billion gallons per year in 2022.
  The bill includes a number of provisions to expand the renewable 
transportation fuel infrastructure of the United States. A pilot 
program for renewable fuel corridors is created. Funding for biofuels 
research is increased, with new research centers established to include 
more of the country's diverse biofuels feedstocks. To promote the 
growth of local biorefineries, a national biorefinery information 
center is established. Further toward that end, a competitive grant 
program is established to develop infrastructure to support local 
biorefineries.
  Finally, the bill calls for a number of studies that will explore how 
we should move forward with biofuels. Studies include: the feasibility 
of nationwide ethanol blended gasoline at levels between 10 and 25 
percent (E10 to E25); the feasibility of dedicated ethanol pipelines; 
optimization of flex fuels vehicles, which are currently optimized to 
run on gasoline, to run on E85; an assessment of the state of advanced 
biofuels technology, in advance of the advanced biofuel standard in 
2015; and allowing for renewable fuel standard credit generation 
through plug in hybrids.
  The introduction of this bill is the beginning of what I hope will be 
a substantive exploration of the comprehensive set of issues 
surrounding the role of biofue1s in meeting our future energy security.
  Mr. President, I ask unanimous consent that the full text of the bill 
be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 987

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Biofuels 
     for Energy Security and Transportation Act of 2007''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                    TITLE I--RENEWABLE FUEL STANDARD

Sec. 101. Renewable fuel standard.

                TITLE II--RENEWABLE FUELS INFRASTRUCTURE

Sec. 201. Infrastructure pilot program for renewable fuels.
Sec. 202. Bioenergy research and development.
Sec. 203. Bioresearch centers for systems biology program.
Sec. 204. Loan guarantees for renewable fuel facilities.
Sec. 205. Grants for renewable fuel production research and development 
              in certain States.
Sec. 206. Grants for infrastructure for transportation of biomass to 
              local biorefineries.
Sec. 207. Biorefinery information center.
Sec. 208. Conversion assistance for cellulosic biomass, waste-derived 
              ethanol, approved renewable fuels.
Sec. 209. Alternative fuel database and materials.
Sec. 210. Fuel tank cap labeling requirement.

                           TITLE III--STUDIES

Sec. 301. Study of advanced biofuels technologies.
Sec. 302. Study of increased consumption of ethanol-blended gasoline 
              with higher levels of ethanol.
Sec. 303. Pipeline feasibility study.
Sec. 304. Study of optimization of alternative fueled vehicles to use 
              E-85 fuel.
Sec. 305. Study of credits for use of renewable electricity in electric 
              vehicles.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Advanced biofuel.--
       (A) In general.--The term ``advanced biofuel'' means fuel 
     derived from renewable biomass other than corn kernels.
       (B) Inclusions.--The term ``advanced biofuel'' includes--
       (i) ethanol derived from cellulose, hemicellulose, or 
     lignin;
       (ii) ethanol derived from sugar or starch, other than 
     ethanol derived from corn kernels;
       (iii) ethanol derived from waste material, including crop 
     residue, other vegetative waste material, animal waste, and 
     municipal solid waste;
       (iv) diesel-equivalent fuel derived from renewable biomass, 
     including vegetable oil and animal fat;
       (v) biogas produced by the anaerobic digestion or 
     fermentation of organic matter from renewable biomass; and
       (vi) butanol produced by the fermentation of renewable 
     biomass.
       (2) Cellulosic biomass ethanol.--The term ``cellulosic 
     biomass ethanol'' means ethanol derived from any cellulose, 
     hemicellulose, or lignin that is derived from renewable 
     biomass.
       (3) Conventional biofuel.--The term ``conventional 
     biofuel'' means ethanol derived from corn kernels.
       (4) Renewable biomass.--
       (A) In general.--The term ``renewable biomass'' means any 
     organic matter that is available on a renewable or recurring 
     basis.
       (B) Inclusions.--The term ``renewable biomass'' includes--
       (i) renewable plant material, including--

       (I) feed grains;
       (II) other agricultural commodities;
       (III) other plants and trees grown for energy production; 
     and
       (IV) algae; and

       (ii) waste material, including--

       (I) crop residue;
       (II) other vegetative waste material (including wood waste 
     and wood residues);
       (III) animal waste and byproducts (including fats, oils, 
     greases, and manure); and
       (IV) municipal solid waste.

       (C) Exclusions.--The term ``renewable biomass'' does not 
     include old-growth timber of a forest from the late 
     successional stage of forest development.
       (5) Renewable fuel.--
       (A) In general.--The term ``renewable fuel'' means motor 
     vehicle fuel, boiler fuel, or home heating fuel that is--
       (i) produced from renewable biomass; and
       (ii) used to replace or reduce the quantity of fossil fuel 
     present in a fuel mixture used to operate a motor vehicle, 
     boiler, or furnace that would otherwise operate using fossil 
     fuel.
       (B) Inclusion.--The term ``renewable fuel'' includes--
       (i) conventional biofuel; and
       (ii) advanced biofuel.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (7) Small refinery.--The term ``small refinery'' means a 
     refinery for which the average aggregate daily crude oil 
     throughput for a calendar year (as determined by dividing the 
     aggregate throughput for the calendar year by the number of 
     days in the calendar year) does not exceed 75,000 barrels.

                    TITLE I--RENEWABLE FUEL STANDARD

     SEC. 101. RENEWABLE FUEL STANDARD.

       (a) Renewable Fuel Program.--
       (1) Regulations.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the President shall promulgate 
     regulations to ensure that motor vehicle fuel, home heating 
     oil, and boiler fuel sold or introduced into commerce in the 
     United States (except in noncontiguous States or 
     territories), on an annual average basis, contains the 
     applicable volume of renewable fuel determined in accordance 
     with paragraph (2).
       (B) Provisions of regulations.--Regardless of the date of 
     promulgation, the regulations promulgated under subparagraph 
     (A)--
       (i) shall contain compliance provisions applicable to 
     refineries, blenders, distributors, and importers, as 
     appropriate, to ensure that the requirements of this 
     subsection are met; but
       (ii) shall not--

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

       (C) Relationship to other regulations.--Regulations 
     promulgated under this paragraph shall, to the maximum extent 
     practicable, incorporate the program structure, compliance, 
     and reporting requirements established under the final 
     regulations promulgated to implement the renewable fuel 
     program established by the amendment made by section 
     1501(a)(2) of the Energy Policy Act of 2005 (Public Law 109-
     58; 119 Stat. 1067).
       (2) Applicable volume.--
       (A) Calendar years 2008 through 2022.--
       (i) Renewable fuel.--For the purpose of paragraph (1), 
     subject to clause (ii), the applicable volume for any of 
     calendar years 2008 through 2022 shall be determined in 
     accordance with the following table:


[[Page 7599]]


                                                   Applicable volume of
                                                         renewable fuel
                                                        (in billions of
Calendar year:                                                gallons):
  2008..........................................................8.5....

  2009.........................................................10.5....

  2010.........................................................12.0....

  2011.........................................................12.6....

  2012.........................................................13.2....

  2013.........................................................13.8....

  2014.........................................................14.4....

  2015.........................................................15.0....

  2016.........................................................18.0....

  2017.........................................................21.0....

  2018.........................................................24.0....

  2019.........................................................27.0....

  2020.........................................................30.0....

  2021.........................................................33.0....

  2022.........................................................36.0....

       (ii) Advanced biofuels.--For the purpose of paragraph (1), 
     of the volume of renewable fuel required under clause (i), 
     the applicable volume for any of calendar years 2016 through 
     2022 for advanced biofuels shall be determined in accordance 
     with the following table:

                                                   Applicable volume of
                                                      advanced biofuels
                                                        (in billions of
Calendar year:                                                gallons):
  2016..........................................................3.0....

  2017..........................................................6.0....

  2018..........................................................9.0....

  2019.........................................................12.0....

  2020.........................................................15.0....

  2021.........................................................18.0....

  2022.........................................................21.0....

       (B) Calendar year 2023 and thereafter.--Subject to 
     subparagraph (C), for the purposes of paragraph (1), the 
     applicable volume for calendar year 2023 and each calendar 
     year thereafter shall be determined by the President, in 
     coordination with the Secretary of Energy, the Secretary of 
     Agriculture, and the Administrator of the Environmental 
     Protection Agency, based on a review of the implementation of 
     the program during calendar years 2007 through 2022, 
     including a review of--
       (i) the impact of renewable fuels on the energy security of 
     the United States;
       (ii) the expected annual rate of future production of 
     renewable fuels, including advanced biofuels; and
       (iii) the impact of the use of renewable fuels on other 
     factors, including job creation, the price and supply of 
     agricultural commodities, rural economic development, and the 
     environment.
       (C) Minimum applicable volume.--Subject to subparagraph 
     (D), for the purpose of paragraph (1), the applicable volume 
     for calendar year 2023 and each calendar year thereafter 
     shall be equal to the product obtained by multiplying--
       (i) the number of gallons of gasoline that the President 
     estimates will be sold or introduced into commerce in the 
     calendar year; and
       (ii) the ratio that--

       (I) 36,000,000,000 gallons of renewable fuel; bears to
       (II) the number of gallons of gasoline sold or introduced 
     into commerce in calendar year 2022.

       (D) Maximum quantity derived from conventional biofuel 
     feedstocks.--For the purpose of paragraph (1), the applicable 
     volume for calendar year 2023 and each calendar year 
     thereafter shall not exceed 15,000,000,000 gallons of 
     conventional biofuel.
       (b) Applicable Percentages.--
       (1) Provision of estimate of volumes of gasoline sales.--
     Not later than October 31 of each of calendar years 2008 
     through 2021, the Administrator of the Energy Information 
     Administration shall provide to the President an estimate, 
     with respect to the following calendar year, of the volumes 
     of gasoline projected to be sold or introduced into commerce 
     in the United States.
       (2) Determination of applicable percentages.--
       (A) In general.--Not later than November 30 of each of 
     calendar years 2008 through 2022, based on the estimate 
     provided under paragraph (1), the President shall determine 
     and publish in the Federal Register, with respect to the 
     following calendar year, the renewable fuel obligation that 
     ensures that the requirements of subsection (a) are met.
       (B) Required elements.--The renewable fuel obligation 
     determined for a calendar year under subparagraph (A) shall--
       (i) be applicable to refineries, blenders, and importers, 
     as appropriate;
       (ii) be expressed in terms of a volume percentage of 
     gasoline sold or introduced into commerce in the United 
     States; and
       (iii) subject to paragraph (3)(A), consist of a single 
     applicable percentage that applies to all categories of 
     persons specified in clause (i).
       (3) Adjustments.--In determining the applicable percentage 
     for a calendar year, the President shall make adjustments--
       (A) to prevent the imposition of redundant obligations on 
     any person specified in paragraph (2)(B)(i); and
       (B) to account for the use of renewable fuel during the 
     previous calendar year by small refineries that are exempt 
     under subsection (g).
       (c) Volume Conversion Factors for Renewable Fuels Based on 
     Energy Content or Requirements.--
       (1) In general.--For the purpose of subsection (a), the 
     President shall assign values to specific types of advanced 
     biofuels for the purpose of satisfying the fuel volume 
     requirements of subsection (a)(2) in accordance with this 
     subsection.
       (2) Energy content relative to ethanol.--For advanced 
     biofuel, 1 gallon of the advanced biofuel shall be considered 
     to be the equivalent of 1 gallon of renewable fuel multiplied 
     by the ratio that--
       (A) the number of British thermal units of energy produced 
     by the combustion of 1 gallon of the advanced biofuel (as 
     measured under conditions determined by the Secretary); bears 
     to
       (B) the number of British thermal units of energy produced 
     by the combustion of 1 gallon of pure ethanol (as measured 
     under conditions determined by the Secretary to be comparable 
     to conditions described in subparagraph (A)).
       (3) Transitional energy-related conversion factors for 
     cellulosic biomass ethanol.--For any of calendar years 2008 
     through 2015, 1 gallon of cellulosic biomass ethanol shall be 
     considered to be the equivalent of 2.5 gallons of renewable 
     fuel.
       (d) Credit Program.--
       (1) In general.--The President, in consultation with the 
     Secretary and the Administrator of the Environmental 
     Protection Agency, shall implement a credit program to manage 
     the renewable fuel requirement of this section in a manner 
     consistent with the credit program established by the 
     amendment made by section 1501(a)(2) of the Energy Policy Act 
     of 2005 (Public Law 109-58; 119 Stat. 1067).
       (2) Market transparency.--In carrying out the credit 
     program under this subsection, the President shall facilitate 
     price transparency in markets for the sale and trade of 
     credits, with due regard for the public interest, the 
     integrity of those markets, fair competition, and the 
     protection of consumers and agricultural producers.
       (e) Seasonal Variations in Renewable Fuel Use.--
       (1) Study.--For each of calendar years 2007 through 2020, 
     the Administrator of the Energy Information Administration 
     shall conduct a study of renewable fuel blending to determine 
     whether there are excessive seasonal variations in the use of 
     renewable fuel.
       (2) Regulation of excessive seasonal variations.--If, for 
     any calendar year, the Administrator of the Energy 
     Information Administration, based on the study under 
     paragraph (1), makes the determinations specified in 
     paragraph (3), the President shall promulgate regulations to 
     ensure that 25 percent or more of the quantity of renewable 
     fuel necessary to meet the requirements of subsection (a) is 
     used during each of the 2 periods specified in paragraph (4) 
     of each subsequent calendar year.
       (3) Determinations.--The determinations referred to in 
     paragraph (2) are that--
       (A) less than 25 percent of the quantity of renewable fuel 
     necessary to meet the requirements of subsection (a) has been 
     used during 1 of the 2 periods specified in paragraph (4) of 
     the calendar year;
       (B) a pattern of excessive seasonal variation described in 
     subparagraph (A) will continue in subsequent calendar years; 
     and
       (C) promulgating regulations or other requirements to 
     impose a 25 percent or more seasonal use of renewable fuels 
     will not significantly--
       (i) increase the price of motor fuels to the consumer; or
       (ii) prevent or interfere with the attainment of national 
     ambient air quality standards.
       (4) Periods.--The 2 periods referred to in this subsection 
     are--
       (A) April through September; and
       (B) January through March and October through December.
       (f) Waivers.--
       (1) In general.--The President, in consultation with the 
     Secretary of Energy, the Secretary of Agriculture, and the 
     Administrator of the Environmental Protection Agency, may 
     waive the requirements of subsection (a) in whole or in part 
     on petition by one or more States by reducing the national 
     quantity of renewable fuel required under subsection (a), 
     based on a determination by the President (after public 
     notice and opportunity for comment), that--
       (A) implementation of the requirement would severely harm 
     the economy or environment of a State, a region, or the 
     United States; or
       (B) extreme and unusual circumstances exist that prevent 
     distribution of an adequate supply of domestically-produced 
     renewable fuel to consumers in the United States.
       (2) Petitions for waivers.--The President, in consultation 
     with the Secretary of Energy, the Secretary of Agriculture, 
     and the Administrator of the Environmental Protection Agency, 
     shall approve or disapprove a State petition for a waiver of 
     the requirements of subsection (a) within 90 days after the 
     date on which the petition is received by the President.
       (3) Termination of waivers.--A waiver granted under 
     paragraph (1) shall terminate after 1 year, but may be 
     renewed by the

[[Page 7600]]

     President after consultation with the Secretary of Energy, 
     the Secretary of Agriculture, and the Administrator of the 
     Environmental Protection Agency.
       (g) Small Refineries.--
       (1) Temporary exemption.--
       (A) In general.--The requirements of subsection (a) shall 
     not apply to small refineries until calendar year 2013.
       (B) Extension of exemption.--
       (i) Study by secretary.--Not later than December 31, 2008, 
     the Secretary shall submit to the President and Congress a 
     report describing the results of a study to determine whether 
     compliance with the requirements of subsection (a) would 
     impose a disproportionate economic hardship on small 
     refineries.
       (ii) Extension of exemption.--In the case of a small 
     refinery that the Secretary determines under clause (i) would 
     be subject to a disproportionate economic hardship if 
     required to comply with subsection (a), the President shall 
     extend the exemption under subparagraph (A) for the small 
     refinery for a period of not less than 2 additional years.
       (2) Petitions based on disproportionate economic 
     hardship.--
       (A) Extension of exemption.--A small refinery may at any 
     time petition the President for an extension of the exemption 
     under paragraph (1) for the reason of disproportionate 
     economic hardship.
       (B) Evaluation of petitions.--In evaluating a petition 
     under subparagraph (A), the President, in consultation with 
     the Secretary, shall consider the findings of the study under 
     paragraph (1)(B) and other economic factors.
       (C) Deadline for action on petitions.--The President shall 
     act on any petition submitted by a small refinery for a 
     hardship exemption not later than 90 days after the date of 
     receipt of the petition.
       (3) Opt-in for small refineries.--A small refinery shall be 
     subject to the requirements of subsection (a) if the small 
     refinery notifies the President that the small refinery 
     waives the exemption under paragraph (1).
       (h) Penalties and Enforcement.--
       (1) Civil penalties.--
       (A) In general.--Any person that violates a regulation 
     promulgated under subsection (a), or that fails to furnish 
     any information required under such a regulation, shall be 
     liable to the United States for a civil penalty of not more 
     than the total of--
       (i) $25,000 for each day of the violation; and
       (ii) the amount of economic benefit or savings received by 
     the person resulting from the violation, as determined by the 
     President.
       (B) Collection.--Civil penalties under subparagraph (A) 
     shall be assessed by, and collected in a civil action brought 
     by, the Secretary or such other officer of the United States 
     as is designated by the President.
       (2) Injunctive authority.--
       (A) In general.--The district courts of the United States 
     shall have jurisdiction to--
       (i) restrain a violation of a regulation promulgated under 
     subsection (a);
       (ii) award other appropriate relief; and
       (iii) compel the furnishing of information required under 
     the regulation.
       (B) Actions.--An action to restrain such violations and 
     compel such actions shall be brought by and in the name of 
     the United States.
       (C) Subpoenas.--In the action, a subpoena for a witness who 
     is required to attend a district court in any district may 
     apply in any other district.
       (i) Effective Date.--Except as otherwise specifically 
     provided in this section, this section takes effect on 
     January 1, 2008.

                TITLE II--RENEWABLE FUELS INFRASTRUCTURE

     SEC. 201. INFRASTRUCTURE PILOT PROGRAM FOR RENEWABLE FUELS.

       (a) In General.--The Secretary, in consultation with the 
     Secretary of Transportation and the Administrator of the 
     Environmental Protection Agency, shall establish a 
     competitive grant pilot program (referred to in this section 
     as the ``pilot program''), to be administered through the 
     Vehicle Technology Deployment Program of the Department of 
     Energy, to provide not more than 10 geographically-dispersed 
     project grants to State governments, local governments, 
     metropolitan transportation authorities, or partnerships of 
     those entities to carry out 1 or more projects for the 
     purposes described in subsection (b).
       (b) Grant Purposes.--A grant under this section shall be 
     used for the establishment of refueling infrastructure 
     corridors, as designated by the Secretary, for gasoline 
     blends that contain at least 85 percent renewable fuel or 
     diesel fuel that contains at least 10 percent renewable fuel, 
     including--
       (1) installation of infrastructure and equipment necessary 
     to ensure adequate distribution of renewable fuels within the 
     corridor;
       (2) installation of infrastructure and equipment necessary 
     to directly support vehicles powered by renewable fuels; and
       (3) operation and maintenance of infrastructure and 
     equipment installed as part of a project funded by the grant.
       (c) Applications.--
       (1) Requirements.--
       (A) In general.--Subject to subparagraph (B), not later 
     than 90 days after the date of enactment of this Act, the 
     Secretary shall issue requirements for use in applying for 
     grants under the pilot program.
       (B) Minimum requirements.--At a minimum, the Secretary 
     shall require that an application for a grant under this 
     section--
       (i) be submitted by--

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

       (ii) include--

       (I) a description of the project proposed in the 
     application, including the ways in which the project meets 
     the requirements of this section;
       (II) an estimate of the degree of use of the project, 
     including the estimated size of fleet of vehicles operated 
     with renewable fuel available within the geographic region of 
     the corridor;
       (III) an estimate of the potential petroleum displaced as a 
     result of the project, and a plan to collect and disseminate 
     petroleum displacement and other relevant data relating to 
     the project to be funded under the grant, over the expected 
     life of the project;
       (IV) a description of the means by which the project will 
     be sustainable without Federal assistance after the 
     completion of the term of the grant;
       (V) a complete description of the costs of the project, 
     including acquisition, construction, operation, and 
     maintenance costs over the expected life of the project; and
       (VI) a description of which costs of the project will be 
     supported by Federal assistance under this subsection.

       (2) Partners.--An applicant under paragraph (1) may carry 
     out a project under the pilot program in partnership with 
     public and private entities.
       (d) Selection Criteria.--In evaluating applications under 
     the pilot program, the Secretary shall--
       (1) consider the experience of each applicant with 
     previous, similar projects; and
       (2) give priority consideration to applications that--
       (A) are most likely to maximize displacement of petroleum 
     consumption;
       (B) demonstrate the greatest commitment on the part of the 
     applicant to ensure funding for the proposed project and the 
     greatest likelihood that the project will be maintained or 
     expanded after Federal assistance under this subsection is 
     completed;
       (C) represent a partnership of public and private entities; 
     and
       (D) exceed the minimum requirements of subsection 
     (c)(1)(B).
       (e) Pilot Project Requirements.--
       (1) Maximum amount.--The Secretary shall provide not more 
     than $20,000,000 in Federal assistance under the pilot 
     program to any applicant.
       (2) Cost sharing.--The non-Federal share of the cost of any 
     activity relating to renewable fuel infrastructure 
     development carried out using funds from a grant under this 
     section shall be not less than 20 percent.
       (3) Maximum period of grants.--The Secretary shall not 
     provide funds to any applicant under the pilot program for 
     more than 2 years.
       (4) Deployment and distribution.--The Secretary shall seek, 
     to the maximum extent practicable, to ensure a broad 
     geographic distribution of project sites funded by grants 
     under this section.
       (5) Transfer of information and knowledge.--The Secretary 
     shall establish mechanisms to ensure that the information and 
     knowledge gained by participants in the pilot program are 
     transferred among the pilot program participants and to other 
     interested parties, including other applicants that submitted 
     applications.
       (f) Schedule.--
       (1) Initial grants.--
       (A) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall publish in the 
     Federal Register, Commerce Business Daily, and such other 
     publications as the Secretary considers to be appropriate, a 
     notice and request for applications to carry out projects 
     under the pilot program.
       (B) Deadline.--An application described in subparagraph (A) 
     shall be submitted to the Secretary by not later than 180 
     days after the date of publication of the notice under that 
     subparagraph.
       (C) Initial selection.--Not later than 90 days after the 
     date by which applications for grants are due under 
     subparagraph (B), the Secretary shall select by competitive, 
     peer-reviewed proposal up to 5 applications for projects to 
     be awarded a grant under the pilot program.
       (2) Additional grants.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall publish in the 
     Federal Register, Commerce Business Daily, and such other 
     publications as the Secretary considers to be appropriate, a 
     notice and request for additional applications to carry out 
     projects under the pilot program that incorporate the 
     information and knowledge obtained through the implementation 
     of the first round of projects authorized under the pilot 
     program.
       (B) Deadline.--An application described in subparagraph (A) 
     shall be submitted to the

[[Page 7601]]

     Secretary by not later than 180 days after the date of 
     publication of the notice under that subparagraph.
       (C) Initial selection.--Not later than 90 days after the 
     date by which applications for grants are due under 
     subparagraph (B), the Secretary shall select by competitive, 
     peer-reviewed proposal such additional applications for 
     projects to be awarded a grant under the pilot program as the 
     Secretary determines to be appropriate.
       (g) Reports to Congress.--
       (1) Initial report.--Not later than 60 days after the date 
     on which grants are awarded under this section, the Secretary 
     shall submit to Congress a report containing--
       (A) an identification of the grant recipients and a 
     description of the projects to be funded under the pilot 
     program;
       (B) an identification of other applicants that submitted 
     applications for the pilot program but to which funding was 
     not provided; and
       (C) a description of the mechanisms used by the Secretary 
     to ensure that the information and knowledge gained by 
     participants in the pilot program are transferred among the 
     pilot program participants and to other interested parties, 
     including other applicants that submitted applications.
       (2) Evaluation.--Not later than 2 years after the date of 
     enactment of this Act, and annually thereafter until the 
     termination of the pilot program, the Secretary shall submit 
     to Congress a report containing an evaluation of the 
     effectiveness of the pilot program, including an assessment 
     of the petroleum displacement and benefits to the environment 
     derived from the projects included in the pilot program.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $200,000,000, to remain available until expended.

     SEC. 202. BIOENERGY RESEARCH AND DEVELOPMENT.

       Section 931(c) of the Energy Policy Act of 2005 (42 U.S.C. 
     16231(c)) is amended--
       (1) in paragraph (1), by striking ``$213,000,000'' and 
     inserting ``$326,000,000'';
       (2) in paragraph (2), by striking ``$251,000,000'' and 
     inserting ``$377,000,000''; and
       (3) in paragraph (3), by striking ``$274,000,000'' and 
     inserting ``$398,000,000''.

     SEC. 203. BIORESEARCH CENTERS FOR SYSTEMS BIOLOGY PROGRAM.

       Section 977(a)(1) of the Energy Policy Act of 2005 (42 
     U.S.C. 16317(a)(1)) is amended by inserting before the period 
     at the end the following: ``, including the establishment of 
     at least 7 bioresearch centers that focus on biofuels, of 
     which at least 1 center shall be located in each of the 4 
     Petroleum Administration for Defense Districts with no 
     subdistricts and 1 center shall be located in each of the 
     subdistricts of the Petroleum Administration for Defense 
     District with subdistricts''.

     SEC. 204. LOAN GUARANTEES FOR RENEWABLE FUEL FACILITIES.

       (a) In General.--Section 1703 of the Energy Policy Act of 
     2005 (42 U.S.C. 16513) is amended by adding at the end the 
     following:
       ``(f) Renewable Fuel Facilities.--
       ``(1) In general.--The Secretary may make guarantees under 
     this title for projects that produce advanced biofuel (as 
     defined in section 2 of the Biofuels for Energy Security and 
     Transportation Act of 2007).
       ``(2) Requirements.--A project under this subsection shall 
     employ new or significantly improved technologies for the 
     production of renewable fuels as compared to commercial 
     technologies in service in the United States at the time that 
     the guarantee is issued.
       ``(3) Issuance of first loan guarantees.--The requirement 
     of section 20320(b) of division B of the Continuing 
     Appropriations Resolution, 2007 (Public Law 109-289, Public 
     Law 110-5), relating to the issuance of final regulations, 
     shall not apply to the first 6 guarantees issued under this 
     subsection.
       ``(4) Project design.--A project for which a guarantee is 
     made under this subsection shall have a project design that 
     has been validated through the operation of a continuous 
     process pilot facility with an annual output of at least 
     50,000 gallons of ethanol.
       ``(5) Maximum guaranteed principal.--The total principal 
     amount of a loan guaranteed under this subsection may not 
     exceed $250,000,000 for a single facility.
       ``(6) Amount of guarantee.--The Secretary shall guarantee 
     100 percent of the principal and interest due on 1 or more 
     loans made for a facility that is the subject of the 
     guarantee under paragraph (3).
       ``(7) Deadline.--The Secretary shall approve or disapprove 
     an application for a guarantee under this subsection not 
     later than 90 days after the date of receipt of the 
     application.
       ``(8) Report.--Not later than 30 days after approving or 
     disapproving an application under paragraph (7), the 
     Secretary shall submit to Congress a report on the approval 
     or disapproval (including the reasons for the action).''.
       (b) Improvements to Underlying Loan Guarantee Authority.--
       (1) Definition of commercial technology.--Section 1701(1) 
     of the Energy Policy Act of 2005 (42 U.S.C. 16511(1)) is 
     amended by striking subparagraph (B) and inserting the 
     following:
       ``(B) Exclusion.--The term `commercial technology' does not 
     include a technology if the sole use of the technology is in 
     connection with--
       ``(i) a demonstration plant; or
       ``(ii) a project for which the Secretary approved a loan 
     guarantee.''.
       (2) Specific appropriation or contribution.--Section 1702 
     of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended 
     by striking subsection (b) and inserting the following:
       ``(b) Specific Appropriation or Contribution.--
       ``(1) In general.--No guarantee shall be made unless--
       ``(A) an appropriation for the cost has been made; or
       ``(B) the Secretary has received from the borrower a 
     payment in full for the cost of the obligation and deposited 
     the payment into the Treasury.
       ``(2) Limitation.--The source of payments received from a 
     borrower under paragraph (1)(B) shall not be a loan or other 
     debt obligation that is made or guaranteed by the Federal 
     Government.
       ``(3) Relation to other laws.--Section 504(b) of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall 
     not apply to a loan or loan guarantee made in accordance with 
     paragraph (1)(B).''.
       (3) Amount.--Section 1702 of the Energy Policy Act of 2005 
     (42 U.S.C. 16512) is amended by striking subsection (c) and 
     inserting the following:
       ``(c) Amount.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall guarantee up to 100 percent of the principal and 
     interest due on 1 or more loans for a facility that are the 
     subject of the guarantee.
       ``(2) Limitation.--The total amount of loans guaranteed for 
     a facility by the Secretary shall not exceed 80 percent of 
     the total cost of the facility, as estimated at the time at 
     which the guarantee is issued.''.
       (4) Subrogation.--Section 1702(g)(2) of the Energy Policy 
     Act of 2005 (42 U.S.C. 16512(g)(2)) is amended--
       (A) by striking subparagraph (B); and
       (B) by redesignating subparagraph (C) as subparagraph (B).

     SEC. 205. 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.
       (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); or
       (B) be a consortium of such institutions of higher 
     education, industry, State agencies, or local government 
     agencies located in the State; and
       (2) have proven experience and capabilities with relevant 
     technologies.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000 for 
     each of fiscal years 2008 through 2010.

     SEC. 206. GRANTS FOR INFRASTRUCTURE FOR TRANSPORTATION OF 
                   BIOMASS TO LOCAL BIOREFINERIES.

       (a) In General.--The Secretary shall conduct a program 
     under which the Secretary shall provide grants to local 
     governments and other eligible entities (as determined by the 
     Secretary) (referred to in this section as ``eligible 
     entities'') to promote the development of infrastructure to 
     support the transportation of biomass to local biorefineries, 
     including by portable processing equipment.
       (b) Phases.--The Secretary shall conduct the program in the 
     following phases:
       (1) Development.--In the first phase of the program, the 
     Secretary shall make grants to eligible entities to assist 
     the eligible entities in the development of local projects to 
     promote the development of infrastructure to support the 
     transportation of biomass to local biorefineries, including 
     by portable processing equipment.
       (2) Implementation.--In the second phase of the program, 
     the Secretary shall make competitive grants to eligible 
     entities to implement projects developed under paragraph (1).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 207. BIOREFINERY INFORMATION CENTER.

       (a) In General.--The Secretary, in cooperation with the 
     Secretary of Agriculture, shall establish a biorefinery 
     information center to make available to interested parties 
     information on--
       (1) renewable fuel resources, including information on 
     programs and incentives for renewable fuels;
       (2) renewable fuel producers;
       (3) renewable fuel users; and
       (4) potential renewable fuel users.
       (b) Administration.--In administering the biorefinery 
     information center, the Secretary shall--
       (1) continually update information provided by the center;

[[Page 7602]]

       (2) make information available to interested parties on the 
     process for establishing a biorefinery; and
       (3) make information and assistance provided by the center 
     available through a toll-free telephone number and website.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 208. CONVERSION ASSISTANCE FOR CELLULOSIC BIOMASS, 
                   WASTE-DERIVED ETHANOL, APPROVED RENEWABLE 
                   FUELS.

       (a) Definitions.--In this section:
       (1) Approved renewable fuel.--The term ``approved renewable 
     fuels'' means an alternative or replacement fuel that--
       (A) has been approved under title III of the Energy Policy 
     Act of 1992 (42 U.S.C. 13211 et seq.); and
       (B) is made from renewable biomass.
       (2) Producer.--The term ``producer'' means--
       (A) a merchant producer;
       (B) a farm or dairy cooperative; or
       (C) an association of agricultural producers.
       (3) Waste-derived ethanol.--The term ``waste-derived 
     ethanol'' means ethanol derived from--
       (A) animal waste (including poultry fat and poultry waste) 
     and other waste material; or
       (B) municipal solid waste.
       (b) Conversion Assistance.--The Secretary may provide 
     grants to producers of cellulosic biomass ethanol, waste-
     derived ethanol, and approved renewable fuels in the United 
     States to assist the producers in building eligible 
     production facilities described in subsection (c) for the 
     production of ethanol or approved renewable fuels.
       (c) Eligible Production Facilities.--A production facility 
     shall be eligible to receive a grant under this section if 
     the production facility--
       (1) is located in the United States; and
       (2) uses renewable biomass.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $400,000,000 for fiscal year 2008;
       (2) $500,000,000 for fiscal year 2009; and
       (3) $600,000,000 for fiscal year 2010.

     SEC. 209. ALTERNATIVE FUEL DATABASE AND MATERIALS.

       The Secretary and the Director of the National Institute of 
     Standards and Technology shall jointly establish and make 
     available to the public--
       (1) a database that describes the physical properties of 
     different types of alternative fuel; and
       (2) standard reference materials for different types of 
     alternative fuel.

     SEC. 210. FUEL TANK CAP LABELING REQUIREMENT.

       Section 406(a) of the Energy Policy Act of 1992 (42 U.S.C. 
     13232(a)) is amended--
       (1) by striking ``The Federal Trade Commission'' and 
     inserting the following:
       ``(1) In general.--The Federal Trade Commission''; and
       (2) by adding at the end the following:
       ``(2) Fuel tank cap labeling requirement.--Beginning with 
     model year 2010, the fuel tank cap of each alternative fueled 
     vehicle manufactured for sale in the United States shall be 
     clearly labeled to inform consumers that such vehicle can 
     operate on alternative fuel.''.

                           TITLE III--STUDIES

     SEC. 301. STUDY OF ADVANCED BIOFUELS TECHNOLOGIES.

       (a) In General.--Not later than October 1, 2012, the 
     Secretary shall offer to enter into a contract with the 
     National Academy of Sciences under which the Academy shall 
     conduct a study of technologies relating to the production, 
     transportation, and distribution of advanced biofuels.
       (b) Scope.--In conducting the study, the Academy shall--
       (1) include an assessment of the maturity of advanced 
     biofuels technologies;
       (2) consider whether the rate of development of those 
     technologies will be sufficient to meet the advanced biofuel 
     standards required under section 101;
       (3) consider the effectiveness of the research and 
     development programs and activities of the Department of 
     Energy relating to advanced biofuel technologies; and
       (4) make policy recommendations to accelerate the 
     development of those technologies to commercial viability, as 
     appropriate.
       (c) Report.--Not later than November 30, 2014, the 
     Secretary shall submit to the Committee on Energy and Natural 
     Resources of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives a report describing 
     the results of the study conducted under this section.

     SEC. 302. 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 feasibility of 
     increasing consumption in the United States of ethanol-
     blended gasoline with levels of ethanol that are not less 
     than 10 percent and not more than 25 percent, including a 
     study of production and infrastructure constraints on 
     increasing the consumption.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the results of the study conducted under 
     this section.

     SEC. 303. PIPELINE FEASIBILITY STUDY.

       (a) In General.--The Secretary, in coordination with the 
     Secretary of Agriculture and the Secretary of Transportation, 
     shall conduct a study of the feasibility of the construction 
     of dedicated ethanol pipelines.
       (b) Factors.--In conducting the study, the Secretary shall 
     consider--
       (1) the quantity of ethanol production that would make 
     dedicated pipelines economically viable;
       (2) existing or potential barriers to dedicated ethanol 
     pipelines, including technical, siting, financing, and 
     regulatory barriers;
       (3) market risk (including throughput risk) and means of 
     mitigating the risk;
       (4) regulatory, financing, and siting options that would 
     mitigate risk in those areas and help ensure the construction 
     of 1 or more dedicated ethanol pipelines;
       (5) financial incentives that may be necessary for the 
     construction of dedicated ethanol pipelines, including the 
     return on equity that sponsors of the initial dedicated 
     ethanol pipelines will require to invest in the pipelines;
       (6) technical factors that may compromise the safe 
     transportation of ethanol in pipelines, identifying remedial 
     and preventative measures to ensure pipeline integrity; and
       (7) such other factors as the Secretary considers 
     appropriate.
       (c) Report.--Not later than 15 months after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the results of the study conducted under 
     this section.

     SEC. 304. STUDY OF OPTIMIZATION OF ALTERNATIVE FUELED 
                   VEHICLES TO USE E-85 FUEL.

       (a) In General.--The Secretary shall conduct a study of 
     methods of increasing the fuel efficiency of alternative 
     fueled vehicles by optimizing alternative fueled vehicles to 
     operate using E-85 fuel.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Natural Resources of the House of 
     Representatives a report that describes the results of the 
     study, including any recommendations of the Secretary.

     SEC. 305. STUDY OF CREDITS FOR USE OF RENEWABLE ELECTRICITY 
                   IN ELECTRIC VEHICLES.

       (a) Definition of Electric Vehicle.--In this section, the 
     term ``electric vehicle'' means an electric motor vehicle (as 
     defined in section 601 of the Energy Policy Act of 1992 (42 
     U.S.C. 13271)) for which the rechargeable storage battery--
       (1) receives a charge directly from a source of electric 
     current that is external to the vehicle; and
       (2) provides a minimum of 80 percent of the motive power of 
     the vehicle.
       (b) Study.--The Secretary shall conduct a study on the 
     feasibility of issuing credits under the program established 
     under section 101(d) to electric vehicles powered by 
     electricity produced from renewable energy sources.
       (c) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives a report that describes the results of the 
     study, including a description of--
       (1) existing programs and studies on the use of renewable 
     electricity as a means of powering electric vehicles; and
       (2) alternatives for--
       (A) designing a pilot program to determine the feasibility 
     of using renewable electricity to power electric vehicles as 
     an adjunct to a renewable fuels mandate;
       (B) allowing the use, under the pilot program designed 
     under subparagraph (A), of electricity generated from nuclear 
     energy as an additional source of supply;
       (C) identifying the source of electricity used to power 
     electric vehicles; and
       (D) equating specific quantities of electricity to 
     quantities of renewable fuel under section 101(d).
                                 ______
                                 
      BY Mr. MENENDEZ (for himself and Mr. Lautenberg):
  S. 990. A bill to fight criminal gangs; to the Committee on the 
Judiciary.
  Mr. MENDENEZ. Mr. President, today, all across America, organized 
criminal gangs plague our communities, destroying the lives of 
thousands of young children and adults each and every year. 
Unfortunately, this plague is currently not being treated effectively, 
and as a result has grown in size and power in almost every State in 
the Nation. In order to effectively counter this growing threat, we 
cannot continue to believe it is only

[[Page 7603]]

a State and local issue that predominantly occurs in highly urbanized 
areas. Instead, we must recognize that it has escalated into a national 
issue--reaching small rural towns, suburban areas, and big cities 
alike--and affecting our country as a whole.
  In light of this, it is clear that we must recalibrate our efforts 
and--in addition to our local initiatives--comprehensively confront 
gang violence at the national level. That is why I rise today, along 
with my colleague, Senator Lautenberg, to introduce the Fighting Gangs 
and Empowering Youth Act of 2007.
  Combining the efforts of Federal, State, and local agencies, this 
legislation would utilize a multi-pronged approach in order to 
comprehensively deal with all aspects of gang violence. From rigorously 
enforcing and appropriately sentencing criminal acts, to exposing and 
eliminating the root causes of gang pervasiveness, this bill would 
simultaneously deter gang violence while proactively targeting the 
sources that have led to its expanding prevalence.
  Like most of the problems we face as a society, gang violence can 
most effectively be handled by addressing its root causes. In order to 
grow in size and power, gangs need a large, self-replenishing pool of 
recruits to draw upon. They prey on areas that suffer from high dropout 
rates, crippling poverty, and rampant unemployment--areas where hope is 
often in short supply. All too often children who live in these areas 
are caught in a tragic web of gang violence simply because they can 
envision no other alternative.
  It is in these circumstances, where a 15-year-old child sees life in 
a gang as not just their best option, but often their only option--that 
gang membership thrives. It is in these circumstances, where children 
do not anticipate living to celebrate their 30th birthday--that gangs 
flourish. Not only does this environment destroy the life of the 
individual recruited--it also serves to strengthen the gang, further 
reinforcing a vicious cycle.
  Thus, any effort undertaken to combat gang violence must address the 
environment that transforms promising, young adolescents into ruthless 
tools of a criminal enterprise. While we will probably never be able to 
completely eliminate all acts of violence from our society, there is 
much we can do to instill in our children the skills they need to 
pursue a law abiding life. To this end, my legislation would authorize 
funds for afterschool and community-based programs designed to 
economically empower young people. Disadvantaged students will be given 
the opportunity to realize their potential, through tutoring, 
mentoring, and job training programs as well as college preparation 
classes and tuition assistance. Additionally, millions of dollars would 
be authorized to enhance and expand anti-gang and anti-violence 
programs in elementary and secondary schools, ensuring that students 
can focus solely on learning, without having to be concerned for their 
personal safety. By providing ``at-risk'' youth with the resources and 
opportunities necessary to succeed in life, they will be far less 
susceptible to the pressures to join a criminal gang.
  This bill would also attack one of the roots of gang violence--gang 
recruiters, who seek out young, economically disadvantaged, at-risk 
youth and pressure them to join. Currently, there is no Federal law 
specifically forbidding gang recruitment. This legislation would change 
that--making it illegal for a gang member to solicit or recruit others 
into a gang--and would incarcerate an offender for up to 10 years if 
the person being recruited was 18 or older, or up to 20 years if the 
individual was under the age of 18. This provision would effectively 
target the kingpins of gangs, who cowardly order younger members to do 
their violent bidding, callously sacrificing their lives like pawns on 
a chessboard.
  For those who have made wrong choices in life, but are still capable 
of rehabilitation, this bill would expand adult and juvenile offender 
reentry demonstration projects to help with post-release and 
transitional housing, while promoting programs that hire former 
prisoners, and establish reentry planning procedures within 
communities. To be eligible for early release, prisoners with drug 
addictions would be required to participate in treatment programs both 
while they are imprisoned as well as during their transition period 
back into society. All offenders would be encouraged to participate in 
educational initiatives such as job training, GED preparation, and a 
myriad of other programs designed to provide offenders with the skills 
necessary to become legally employed when they are released from 
prison. By providing such individuals with an alternative choice to a 
life of crime, lives can be transformed and recidivism rates amongst 
ex-convicts will be reduced.
  In addition to programs focused on gang violence prevention, we must 
provide law enforcement officials at every level of government with all 
of the tools and resources necessary for them to safely and effectively 
protect and serve their communities. All too often these heroic 
officers are caught in the crossfire of gang violence, and all too 
often they make the ultimate sacrifice so that others may live.
  One tragic example involves the late Detective Kiernan Shields from 
East Orange, New Jersey. Detective Shields was a rising star in the 
East Orange Police Department, living his lifelong dream of serving his 
community as an officer of the peace. He was a devoted, loving husband 
and proud father of three children, who was remembered by his peers and 
colleagues not just as a multi-talented person with a great sense of 
humor, but as the epitome of a role model in an area that desperately 
needed one. Unfortunately, New Jersey lost one of its bravest and 
finest sons on the evening of August 7, 2006, when Detective Shields 
was ruthlessly shot-gunned to death by a reputed member of the Bloods 
gang, as he valiantly ran toward the sound of echoing gunfire--Ran 
toward the gunfire.
  This single act of heroism is consistent with the way police officers 
across this Nation live their daily lives. These are the people who are 
fighting day in and day out to keep our communities safe. The best way 
to honor the victims of gang violence and those who are still fighting 
it is to fully commit ourselves to eradicating this cancer.
  To assist our frontline warriors in their daily struggle against gang 
violence, my proposal would provide law enforcement officials on every 
level of government with the resources and information they need to 
accurately track and effectively neutralize criminal gangs. 
Specifically, this legislation would establish a program similar to the 
current Community Oriented Policing Services (COPS) program to augment 
the number of police officers combating gangs in our local communities, 
and would authorize $700 million annually for it. Additional funds 
would be used to provide more forensic examiners to investigate, and 
more attorneys to prosecute, gang crimes. These measures would show 
that we pay homage not just with our words, but more importantly, with 
our actions, as we recognize the heroic deeds performed by law 
enforcement officials every single day.
  As is true with almost all problems, a better understanding of how 
gangs operate translates into a better understanding of how best to 
counter them. That is why this bill would authorize additional funding 
for the National Youth Gang Survey to increase the number of law 
enforcement agencies whose data is collected and included in the annual 
survey and provide money to upgrade technology to better identify gang 
members and include them in the National Gang Database. Additionally, 
this legislation would expand the Uniform Crime Reports (UCRs) to 
include local gang and other crime statistics from the municipal level, 
while also requiring the Attorney General to distinguish those crimes 
committed by juveniles. The bill also requires consolidation and 
standardization of criminal databases, enabling law enforcement all 
across the country to better share information.
  For those who still choose a life of crime, this proposal would 
increase the penalties for crimes committed in the furtherance of a 
gang. Gangs are dependent on committing crimes such as

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witness intimidation, illegal firearm possession, and drug 
trafficking--implementing these violent instruments to augment their 
power. Subsequently, when these crimes are committed in the furtherance 
of gang activity, they can be more detrimental to society than if they 
were committed in isolation. Thus, these tougher sentencing 
requirements for crimes committed in the furtherance of a gang are not 
only appropriate, but necessary to deter gang violence and shield 
society from its most dangerous and unremorseful criminals.
  Taken together, the provisions of this bill develop a comprehensive 
approach to gang violence by focusing on prevention, deterrence, and 
enforcement. Failure to address all of these gang violence catalysts in 
their entirety would leave us with an incomprehensive approach that 
would do little to quell the scourge of gang violence. Therefore, I 
urge my colleagues to support the Fighting Gangs and Empowering Youth 
Act, and by doing so, give law enforcement and our communities the 
means to thoroughly and comprehensively counter the growing specter of 
gang violence that afflicts our great Nation.

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