[Congressional Record (Bound Edition), Volume 153 (2007), Part 9]
[Senate]
[Pages 12997-13040]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. FEINSTEIN:
  S. 1417. A bill to direct the Secretary of Veterans Affairs to submit 
a report to Congress providing a master plan for the use of the West 
Los Angeles Department of Veterans Affairs Medical Center, California, 
and for other purposes; to the Committee on Veterans' Affairs.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation 
to maintain the land on the West Los Angeles Veterans Affairs Medical 
Center campus for the exclusive use of America's Veterans.
  This legislation is a companion to an identical bill introduced by 
Congressman Waxman in the House earlier this month.
  The bill would:
  Prohibit the Department of Veterans Affairs, VA, from issuing 
enhanced-use lease agreements on the West Los Angeles VA property; 
expand the scope of the Cranston Act, which already prohibits the 
disposal of land and the use of enhanced-use leases on 109 acres, to 
cover the entire 388-acre West Los Angeles VA property; prohibit the VA 
from exchanging, trading, auctioning or transferring any land connected 
to

[[Page 12998]]

the West Los Angeles VA; require that a master plan related to the West 
Los Angeles VA property be completed no later than 1 year after this 
legislation is enacted; prohibit the VA from receiving funding to enact 
the provisions of a master plan for the West Los Angeles VA without 
first receiving Congressional authorization; and establish a public 
advisory committee, consisting of federally elected representatives, 
local elected officials, local Veterans, and community members to 
provide input on the master plan.
  The bill I am introducing today is absolutely essential in light of a 
number of unacceptable actions previously taken by the VA that, in my 
view, violate the spirit, if not the letter, of the law.
  In March, I joined with my colleagues Senator Barbara Boxer and 
Congressman Henry Waxman in writing a letter to VA Secretary James 
Nicholson, strongly objecting to recent decisions made by the VA 
relating to the West Los Angeles VA facility and land.
  For example, the VA has signed sharing agreements to allow an 
Enterprise- Rent-A-Car facility to operate on the VA land. The VA also 
continues to film on the property and recently allowed Fox Studios to 
construct a set storage building there.
  In 1996, a 65,000-seat NFL Football stadium was proposed for the open 
space on the West Los Angeles VA land until Congress passed a 
resolution to prohibit this action.
  This legislation also ensures that the VA never issues an enhanced-
use lease agreement on the West Los Angeles VA property that would have 
little or nothing to do with direct veterans services.
  The VA now has a number of other effective tools at its disposal to 
provide services directly to veterans, including sharing agreements and 
existing legislation to address homeless veterans' needs.
  If the VA is already exceeding the scope of its sharing agreements, 
it is likely to also pursue enhanced-use leases for developing the 
property. Enhanced-use leases are disposal tools and should not be 
permitted on the West Los Angeles VA land, as the community and local 
veterans overwhelmingly oppose them.
  Notably, Congress mandated that the VA create a Land Use master plan 
for the entire West Los Angeles Veterans' property in 1998, Public Law 
105-368.
  Last year, the Senate approved language in the fiscal year 2007 
MILCON/VA Appropriations bill that required the VA to provide the 
Appropriations Committees a report on the master plan for the West Los 
Angeles VA Medical Center and connected land.
  The fiscal year 2007 MILCON/VA Appropriations Act passed the Senate 
on November 18, 2006.
  Unfortunately, all but 2 of the 11 Appropriations bills, including 
MILCON/VA, were ultimately packaged together in a continuing resolution 
for fiscal year 2007, and the language was never considered by the full 
Congress.
  For too long, commercial interests have trumped the needs of our 
Veterans.
  These 388 acres of land were donated to the Government in 1888 
specifically for serving and supporting our Nation's veterans and I 
strongly believe they should remain that way.
  This bill would make sure that this happens.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1417

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``West Los Angeles Department 
     of Veterans Affairs Medical Center Preservation Act of 
     2007''.

     SEC. 2. PROHIBITION ON DISPOSAL OF DEPARTMENT OF VETERANS 
                   AFFAIRS LANDS AND IMPROVEMENTS AT WEST LOS 
                   ANGELES MEDICAL CENTER, CALIFORNIA.

       (a) In General.--The Secretary of Veterans Affairs may not 
     declare as excess to the needs of the Department of Veterans 
     Affairs, or otherwise take any action to exchange, trade, 
     auction, transfer, or otherwise dispose of, or reduce the 
     acreage of, Federal land and improvements at the Department 
     of Veterans Affairs West Los Angeles Medical Center, 
     California, encompassing approximately 388 acres on the north 
     and south sides of Wilshire Boulevard and west of the 405 
     Freeway.
       (b) Special Provision Regarding Lease With Representative 
     of the Homeless.--Notwithstanding any provision of this Act, 
     Section 7 of the Homeless Veterans Comprehensive Services Act 
     of 1992 (Public Law 102-590) shall remain in effect.
       (c) Conforming Amendment.--Section 8162(c)(1) of title 38, 
     United States Code, is amended by inserting ``or section 2(a) 
     of the West Los Angeles Department of Veterans Affairs 
     Medical Center Preservation Act of 2007'' after ``section 421 
     (b)(2) of the Veterans' Benefits and Services Act of 1988 
     (Public Law 100-322; 102 Stat. 553)''.

     SEC. 3. MASTER PLAN REGARDING USE OF DEPARTMENT OF VETERANS 
                   AFFAIRS LANDS AT WEST LOS ANGELES MEDICAL 
                   CENTER, CALIFORNIA.

       (a) Finding.--Congress finds that section 707 of the 
     Veterans Programs Enhancement Act of 1998 (Public Law 105-
     368) required the Secretary of Veterans Affairs to submit to 
     Congress a report on the master plan of the Department of 
     Veterans Affairs, or a plan for the development of such a 
     master plan, relating to the use of Department land at the 
     West Los Angeles Department of Veterans Affairs Medical 
     Center, California.
       (b) Master Plan Required.--Not later than one year after 
     the date of the enactment of this Act, the Secretary shall 
     submit to the appropriate congressional committees a report 
     providing a master plan, consistent with the provisions of 
     this Act, for the use of the Federal land and improvements 
     described in section 2(a).
       (c) Advisory Committee.--The Secretary shall appoint a 
     committee to advise the Secretary in developing the master 
     plan. The committee shall include representatives of State 
     and local governments, veterans, veterans' service 
     organizations, and community organizations. The committee 
     shall be composed of 9 members, who shall be appointed by the 
     Secretary, of whom two shall be appointed on the 
     recommendation of the Member of Congress representing the 
     30th district of California, and two each shall be appointed 
     on the recommendation of each of the Senators from 
     California.
       (d) Limitation on Funding.--Except for direct veterans' 
     services, no funding shall be available to implement the 
     master plan except pursuant to provisions of law enacted 
     after the date of the receipt by the appropriate 
     congressional committees of the report providing such plan.
       (e) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Veterans' Affairs and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Veterans' Affairs and the Committee on 
     Appropriations of the House of Representatives.
       (2) Direct veterans' services.--The term ``direct veterans' 
     services'' means services directly related to maintaining the 
     health, welfare, and support of veterans.
                                 ______
                                 
      By Mr. DODD (for himself, Mr. Brown, Mr. Smith, and Mr. Leahy):
  S. 1418. A bill to provide assistance to improve the health of 
newborns, children, and mothers in developing countries, and for other 
purposes; to the Committee on Foreign Relations.
  Mr. DODD. Mr. President, I rise today to introduce, on behalf of 
myself and good friend, Senator Gordon Smith, the United States 
Commitment to Global Child Survival Act of 2007.
  This bill seeks to drastically reduce child and maternal mortality 
rates abroad. It is a goal entirely within our reach, relying on tools 
that are already within our grasp. We have the power to save millions 
of innocent lives; and there is no better measure for the success of 
our foreign aid.
  The legislation would perform three simple yet vital functions. 
First, it would require the administration to develop and implement a 
strategy to improve the health of, and reduce mortality rates among, 
newborns, children, and mothers in developing countries.
  Second, it would establish a task force to monitor and evaluate the 
progress of the relevant departments and agencies of our Government in 
meeting by 2015 the U.N. Millennium Development Goals related to 
reducing mortality rates for mothers and for children under 5.
  Third, it would authorize appropriations for programs that improve 
the health of newborns, children, and mothers in developing countries. 
Specifically, it would increase funding for

[[Page 12999]]

child survival programs from the current level of around $350 million 
to $600 million in fiscal year 2008, $900 million in fiscal year 2009, 
$1.2 billion in fiscal year 2010, and up to $1.6 billion in fiscal year 
2011-2012.
  I know that some of my colleagues will dispute the wisdom of such a 
large investment. None of them would deny this issue's importance; but 
some may question its priority. How can we answer them?
  In a world of seemingly intractable problems, we have here an 
opportunity for quick and uncomplicated success. Each dollar we spend 
in this cause helps to save a vulnerable life.
  And what is more, we have already given our word. As part of the 
Millennium Development Goals, the United States made an explicit 
commitment, along with 188 other countries, to reducing child and 
maternal mortality. But at current funding levels, we are set to renege 
on that promise by a wide margin.
  On September 14, 2005, President Bush stated that the United States 
is ``committed to the Millennium Development Goals.'' I commend the 
President for his words, but they have not been matched with action.
  As we reach the goals' halfway mark, the world's progress is 
distressingly slow. The leading medical journal The Lancet reports 
that, of the 60 countries accounting for 90 percent of child deaths, 
``only 7 are on track to meet the goal for reducing child mortality, 39 
are making some progress, and 14 are cause for serious concern.''
  Now what does that mean in real, human terms? It means each year over 
10 million children under the age of 5 die in the developing world, 
that's approximately 30,000 each day. About 4 million of those children 
die in their first 4 weeks of life. In many cases, they aren't even 
provided with a fighting chance. Preventable or treatable diseases such 
as measles, tetanus, diarrhea, pneumonia, and malaria are the most 
common causes of death.
  Similarly, more than 525,000 women die from causes related to 
pregnancy and childbirth, more than 1,400 each day. Some of the most 
common risk factors for maternal death include early pregnancy and 
childbirth, closely spaced births, infectious diseases, malnutrition, 
and complications during childbirth.
  Nearly every one of those deaths is entirely preventable. And that 
fact makes a poor American commitment inexcusable.
  That commitment will not require new medicine. It will not require 
sophisticated technology. The tools we need are already at hand. Even 
now, simple measures are saving lives in the developing world.
  Studies in the Lancet tell us that, for just over $5 billion, the 
world could prevent two-thirds of under-5 child deaths with proven, 
low-cost, high-impact interventions. For 6 million lives, that is a 
bargain.
  How cheap are these lifesaving measures? Oral rehydration therapy for 
diarrhea costs 6 cents per treatment. Antibiotics to treat respiratory 
infections cost a quarter per treatment. Encouraging breastfeeding, 
providing vitamin supplements and immunizations, and expanding basic 
clinical care are just as cost effective.
  This bill incrementally scales up U.S. funding for child and maternal 
health programs up to $1.6 billion by 2011. That is a third of the 
money the world needs to save those 6 million children's lives, and it 
is proportionate to our efforts against HIV/AIDS, TB, and malaria. And 
it is less money than we spend in Iraq in just 1 week. Yes, 1 week.
  To be clear, America is not new to this battle. We've had some 
significant successes: Between 1960 and 1990, U.S. investment in 
reducing child mortality in the developing world contributed to a 50 
percent reduction in under-5 deaths. Over the past 20 years, we have 
devoted over $6 billion to child survival programs.
  But as I have noted, at current funding levels in the U.S. and 
abroad, the world will not meet the Millennium Development Goals. 
Certainly, America cannot meet them alone. But with a strong effort, we 
can galvanize other nations to do their part and come forward with the 
funds we need to save lives.
  So I am proud to offer the Global Child Survival Act of 2007, a bill 
with widespread, bipartisan, bicameral support. It has been endorsed by 
Save the Children, the US Fund for UNICEF, and the One Campaign; is 
being jointly introduced with my good friend Senator Gordon Smith from 
across the aisle; and was introduced last week in the House in a 
bipartisan manner by Congresswoman Betty McCollum and Congressman Chris 
Shays.
  For me it's simple. As the world's only superpower and largest 
economy, the United States is in a unique position to tackle the 
toughest challenges of our times. Where we can make a concrete 
difference, we must not fail to act. Where we have the tools to 
alleviate death and suffering, we must deliver them.
  So I urge my colleagues to support this bill. Millions of lives are 
in the balance.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1418

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``United States Commitment to 
     Global Child Survival Act of 2007''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) In 2000, the United States joined 188 countries in 
     committing to achieve 8 Millennium Development Goals (MDGs) 
     by 2015, including ``MDG 4'' and ``MDG 5'' that aim to reduce 
     the mortality rate of children under the age of 5 by \2/3\ 
     and maternal mortality rate by \3/4\ in developing countries, 
     respectively.
       (2) The significant commitment of the United States to 
     reducing child mortality in the developing world contributed 
     to a 50-percent reduction in the mortality rate of children 
     under the age of 5 between 1960 and 1990, and over the past 
     20 years, the United States has invested over $6,000,000,000 
     in child survival programs run by the United States Agency 
     for International Development.
       (3) According to one of the world's leading medical 
     journals, the Lancet, despite United States and global 
     efforts to achieve MDG 4, of the 60 countries that account 
     for 94 percent of under-5 child deaths, ``only seven 
     countries are on track to meet MDG 4, thirty-nine countries 
     are making some progress, although they need to accelerate 
     the speed, and fourteen countries are cause for serious 
     concern''.
       (4) 10,500,000 children under the age of 5 die annually, 
     over 29,000 children per day, from easily preventable and 
     treatable causes, including 4,000,000 newborns who die in the 
     first 4 weeks of life.
       (5) 3,000,000 children die each year due to lack of access 
     to low-cost antibiotics and antimalarial drugs, and 1,700,000 
     die from diseases for which vaccines are readily available.
       (6) Maternal health is an important determinant of neonatal 
     survival with maternal death increasing death rates for 
     newborns to as high as 100 percent in certain countries in 
     the developing world.
       (7) Approximately 525,000 women die every year in the 
     developing world from causes related to pregnancy and 
     childbirth.
       (8) Risk factors for maternal death in developing countries 
     include pregnancy and childbirth at an early age, closely 
     spaced births, infectious diseases, malnutrition, and 
     complications during childbirth.
       (9) According to the Lancet, nearly \2/3\ of annual child 
     and newborn deaths, 6,000,000 children, can be avoided in 
     accordance with MDG 4 if a package of high impact, low-cost 
     interventions were made available at a total, additional, 
     annual cost of $5,100,000,000, including oral rehydration 
     therapy for diarrhea ($0.06 per treatment) and antibiotics to 
     treat respiratory infections ($0.25 per treatment).
       (10) 2,000,000 lives could be saved annually by providing 
     oral rehydration therapy prepared with clean water.
       (11) Exclusive breastfeeding--giving only breast milk for 
     the first 6 months of life--could prevent an estimated 
     1,300,000 newborn and infant deaths each year, primarily by 
     protecting against diarrhea and pneumonia.
       (12) Expansion of clinical care for newborns and mothers, 
     such as clean delivery by skilled attendants, emergency 
     obstetric care, and neonatal resuscitation, can avert 50 
     percent of newborn deaths and reduce maternal mortality.
       (13) The United Nations Children's Fund (UNICEF), with 
     support from the World Health Organization, the World Bank, 
     and

[[Page 13000]]

     the African Union, has successfully demonstrated the 
     accelerated child survival and development program in 
     Senegal, Mali, Benin, and Ghana, reducing mortality of 
     children under the age of 5 by 20 percent in targeted areas 
     using low-cost, high-impact interventions.
       (14) On September 14, 2005, President George W. Bush stated 
     before the United Nations High-Level Plenary Meeting that the 
     United States is ``committed to the Millennium Development 
     Goals''.
       (15) Nearing the halfway point of attaining the MDGs by 
     2015 with thousands of avoidable newborn, child, and maternal 
     deaths still occurring, the United States must immediately 
     scale up its funding and delivery of proven low-cost, life-
     saving interventions in order to fulfill its commitment to 
     help ensure that MDGs 4 and 5 are met.
       (b) Purposes.--The purposes of this Act are--
       (1) to develop a strategy to reduce mortality and improve 
     the health of newborns, children, and mothers, and authorize 
     assistance for its implementation; and
       (2) to establish a task force to assess, monitor, and 
     evaluate the progress and contributions of relevant 
     departments and agencies of the United States Government in 
     achieving MDGs 4 and 5.

     SEC. 3. ASSISTANCE TO IMPROVE THE HEALTH OF NEWBORNS, 
                   CHILDREN, AND MOTHERS IN DEVELOPING COUNTRIES.

       (a) In General.--Chapter 1 of part I of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended--
       (1) in section 104(c)--
       (A) by striking paragraphs (2) and (3); and
       (B) by redesignating paragraph (4) as paragraph (2); and
       (2) by inserting after section 104C the following new 
     section:

     ``SEC. 104D. ASSISTANCE TO REDUCE MORTALITY AND IMPROVE THE 
                   HEALTH OF NEWBORNS, CHILDREN, AND MOTHERS.

       ``(a) Authorization.--Consistent with section 104(c), the 
     President is authorized to furnish assistance, on such terms 
     and conditions as the President may determine, to reduce 
     mortality and improve the health of newborns, children, and 
     mothers in developing countries.
       ``(b) Activities Supported.--Assistance provided under 
     subsection (a) shall, to the maximum extent practicable, be 
     used to carry out the following activities:
       ``(1) Activities to improve newborn care and treatment.
       ``(2) Activities to treat childhood illness, including 
     increasing access to appropriate treatment for diarrhea, 
     pneumonia, and other life-threatening childhood illnesses.
       ``(3) Activities to improve child and maternal nutrition, 
     including the delivery of iron, zinc, vitamin A, iodine, and 
     other key micronutrients and the promotion of breastfeeding.
       ``(4) Activities to strengthen the delivery of immunization 
     services, including efforts to eliminate polio.
       ``(5) Activities to improve birth preparedness and 
     maternity services.
       ``(6) Activities to improve the recognition and treatment 
     of obstetric complications and disabilities.
       ``(7) Activities to improve household-level behavior 
     related to safe water, hygiene, exposure to indoor smoke, and 
     environmental toxins such as lead.
       ``(8) Activities to improve capacity for health governance, 
     health finance, and the health workforce, including support 
     for training clinicians, nurses, technicians, sanitation and 
     public health workers, community-based health works, 
     midwives, birth attendants, peer educators, volunteers, and 
     private sector enterprises.
       ``(9) Activities to address antimicrobial resistance in 
     child and maternal health.
       ``(10) Activities to establish and support the management 
     information systems of host country institutions and the 
     development and use of tools and models to collect, analyze, 
     and disseminate information related to newborn, child, and 
     maternal health.
       ``(11) Activities to develop and conduct needs assessments, 
     baseline studies, targeted evaluations, or other information-
     gathering efforts for the design, monitoring, and evaluation 
     of newborn, child, and maternal health efforts.
       ``(12) Activities to integrate and coordinate assistance 
     provided under this section with existing health programs 
     for--
       ``(A) the prevention of the transmission of HIV from 
     mother-to-child and other HIV/AIDS counseling, care, and 
     treatment activities;
       ``(B) malaria;
       ``(C) tuberculosis; and
       ``(D) child spacing.
       ``(c) Guidelines.--To the maximum extent practicable, 
     programs, projects, and activities carried out using 
     assistance provided under this section shall be--
       ``(1) carried out through private and voluntary 
     organizations, including faith-based organizations, and 
     relevant international and multilateral organizations, 
     including the GAVI Alliance and UNICEF, that demonstrate 
     effectiveness and commitment to improving the health of 
     newborns, children, and mothers;
       ``(2) carried out with input by host countries, including 
     civil society and local communities, as well as other donors 
     and multilateral organizations;
       ``(3) carried out with input by beneficiaries and other 
     directly affected populations, especially women and 
     marginalized communities; and
       ``(4) designed to build the capacity of host country 
     governments and civil society organizations.
       ``(d) Annual Report.--Not later than January 31 of each 
     year, the President shall transmit to Congress a report on 
     the implementation of this section for the prior fiscal year.
       ``(e) Definitions.--In this section:
       ``(1) AIDS.--The term `AIDS' has the meaning given the term 
     in section 104A(g)(1) of this Act.
       ``(2) HIV.--The term `HIV' has the meaning given the term 
     in section 104A(g)(2) of this Act.
       ``(3) HIV/AIDS.--The term `HIV/AIDS' has the meaning given 
     the term in section 104A(g)(3) of this Act.''.
       (b) Conforming Amendments.--The Foreign Assistance Act of 
     1961 (22 U.S.C. 2151 et seq.) is amended--
       (1) in section 104(c)(2) (as redesignated by subsection 
     (a)(1)(B) of this section), by striking ``and 104C'' and 
     inserting ``104C, and 104D'';
       (2) in section 104A--
       (A) in subsection (c)(1), by inserting ``and section 104D'' 
     after ``section 104(c)''; and
       (B) in subsection (f), by striking ``section 104(c), this 
     section, section 104B, and section 104C'' and inserting 
     ``section 104(c), this section, section 104B, section 104C, 
     and section 104D'';
       (3) in subsection (c) of section 104B, by inserting ``and 
     section 104D'' after ``section 104(c)'';
       (4) in subsection (c) of section 104C, by inserting ``and 
     section 104D'' after ``section 104(c)''; and
       (5) in the first sentence of section 119(c), by striking 
     ``section 104(c)(2), relating to Child Survival Fund'' and 
     inserting ``section 104D''.

     SEC. 4. DEVELOPMENT OF STRATEGY TO REDUCE MORTALITY AND 
                   IMPROVE THE HEALTH OF NEWBORNS, CHILDREN, AND 
                   MOTHERS IN DEVELOPING COUNTRIES.

       (a) Development of Strategy.--The President shall develop 
     and implement a comprehensive strategy to improve the health 
     of newborns, children, and mothers in developing countries.
       (b) Components.--The comprehensive United States Government 
     strategy developed pursuant to subsection (a) shall include 
     the following:
       (1) An identification of not less than 60 countries with 
     priority needs for the 5-year period beginning on the date of 
     the enactment of this Act based on--
       (A) the number and rate of neonatal deaths;
       (B) the number and rate of child deaths; and
       (C) the number and rate of maternal deaths.
       (2) For each country identified in paragraph (1)--
       (A) an assessment of the most common causes of newborn, 
     child, and maternal mortality;
       (B) a description of the programmatic areas and 
     interventions providing maximum health benefits to 
     populations at risk and maximum reduction in mortality;
       (C) an assessment of the investments needed in identified 
     programs and interventions to achieve the greatest results;
       (D) a description of how United States assistance 
     complements and leverages efforts by other donors and builds 
     capacity and self-sufficiency among recipient countries; and
       (E) a description of goals and objectives for improving 
     newborn, child, and maternal health, including, to the extent 
     feasible, objective and quantifiable indicators.
       (3) An expansion of the Child Survival and Health Grants 
     Program of the United States Agency for International 
     Development, at least proportionate to any increase in child 
     and maternal health assistance, to provide additional support 
     programs and interventions determined to be efficacious and 
     cost-effective.
       (4) Enhanced coordination among relevant departments and 
     agencies of the United States Government engaged in 
     activities to improve the health and well-being of newborns, 
     children, and mothers in developing countries.
       (5) A description of the measured or estimated impact on 
     child morbidity and mortality of each project or program.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the President shall transmit to 
     Congress a report that contains the strategy described in 
     this section.

     SEC. 5. INTERAGENCY TASK FORCE ON CHILD SURVIVAL AND MATERNAL 
                   HEALTH IN DEVELOPING COUNTRIES.

       (a) Establishment.--There is established a task force to be 
     known as the Interagency Task Force on Child Survival and 
     Maternal Health in Developing Countries (in this section 
     referred to as the ``Task Force'').
       (b) Duties.--

[[Page 13001]]

       (1) In general.--The Task Force shall assess, monitor, and 
     evaluate the progress and contributions of relevant 
     departments and agencies of the United States Government in 
     achieving MDGs 4 and 5 in developing countries, including 
     by--
       (A) identifying and evaluating programs and interventions 
     that directly or indirectly contribute to the reduction of 
     child and maternal mortality rates;
       (B) assessing effectiveness of programs, interventions, and 
     strategies toward achieving the maximum reduction of child 
     and maternal mortality rates;
       (C) assessing the level of coordination among relevant 
     departments and agencies of the United States Government, the 
     international community, international organizations, faith-
     based organizations, academic institutions, and the private 
     sector;
       (D) assessing the contributions made by United States-
     funded programs toward achieving MDGs 4 and 5;
       (E) identifying the bilateral efforts of other nations and 
     multilateral efforts toward achieving MDGs 4 and 5; and
       (F) preparing the annual report required by subsection (f).
       (2) Consultation.--To the maximum extent practicable, the 
     Task Force shall consult with individuals with expertise in 
     the matters to be considered by the Task Force who are not 
     officers or employees of the United States Government, 
     including representatives of United States-based 
     nongovernmental organizations (including faith-based 
     organizations and private foundations), academic 
     institutions, private corporations, the United Nations 
     Children's Fund (UNICEF), and the World Bank.
       (c) Membership.--
       (1) Number and appointment.--The Task Force shall be 
     composed of the following members:
       (A) The Administrator of the United States Agency for 
     International Development.
       (B) The Assistant Secretary of State for Population, 
     Refugees and Migration.
       (C) The Coordinator of United States Government Activities 
     to Combat HIV/AIDS Globally.
       (D) The Director of the Office of Global Health Affairs of 
     the Department of Health and Human Services.
       (E) The Under Secretary for Food, Nutrition and Consumer 
     Services of the Department of Agriculture.
       (F) The Chief Executive Officer of the Millennium Challenge 
     Corporation.
       (G) Other officials of relevant departments and agencies of 
     the Federal Government who shall be appointed by the 
     President.
       (H) Two ex officio members appointed by the Speaker of the 
     House of Representatives in consultation with the Minority 
     Leader of the House of Representatives.
       (I) Two ex officio members appointed by the Majority Leader 
     of the Senate in consultation with the Minority Leader of the 
     Senate.
       (2) Chairperson.--The Administrator of the United States 
     Agency for International Development shall serve as 
     chairperson of the Task Force.
       (d) Meetings.--The Task Force shall meet on a regular 
     basis, not less often than quarterly, on a schedule to be 
     agreed upon by the members of the Task Force, and starting 
     not later than 90 days after the date of the enactment of 
     this Act.
       (e) Definition.--In this subsection, the term ``Millennium 
     Development Goals'' means the key development objectives 
     described in the United Nations Millennium Declaration, as 
     contained in United Nations General Assembly Resolution 55/2 
     (September 2000).
       (f) Report.--Not later than 120 days after the date of the 
     enactment of this Act, and not later than April 30 of each 
     year thereafter, the Task Force shall submit to Congress and 
     the President a report on the implementation of this section.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this Act, and the amendments made by this Act, 
     $600,000,000 for fiscal year 2008, $900,000,000 for fiscal 
     year 2009, $1,200,000,000 for fiscal year 2010, and 
     $1,600,000,000 for each of fiscal years 2011 and 2012.
       (b) Availability of Funds.--Amounts appropriated pursuant 
     to the authorization of appropriations under subsection (a) 
     are authorized to remain available until expended.
                                 ______
                                 
      By Mr. REID:
  S. 1419. A bill to move the United States toward greater energy 
independence and security, to increase the production of clean 
renewable fuels, to protect consumers from price gouging, to increase 
the energy efficiency of products, buildings and vehicles, to promote 
research on and deploy greenhouse gas capture and storage options, and 
to improve the energy performance of the Federal Government, and for 
other purposes; placed on the calendar.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1419

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Renewable 
     Fuels, Consumer Protection, and Energy Efficiency Act of 
     2007''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Relationship to other law.

        TITLE I--BIOFUELS FOR ENERGY SECURITY AND TRANSPORTATION

Sec. 101. Short title.
Sec. 102. Definitions.

                  Subtitle A--Renewable Fuel Standard

Sec. 111. Renewable fuel standard.
Sec. 112. Production of renewable fuel using renewable energy.

               Subtitle B--Renewable Fuels Infrastructure

Sec. 121. Infrastructure pilot program for renewable fuels.
Sec. 122. Bioenergy research and development.
Sec. 123. Bioresearch centers for systems biology program.
Sec. 124. Loan guarantees for renewable fuel facilities.
Sec. 125. Grants for renewable fuel production research and development 
              in certain States.
Sec. 126. Grants for infrastructure for transportation of biomass to 
              local biorefineries.
Sec. 127. Biorefinery information center.
Sec. 128. Alternative fuel database and materials.
Sec. 129. Fuel tank cap labeling requirement.
Sec. 130. Biodiesel.

                          Subtitle C--Studies

Sec. 141. Study of advanced biofuels technologies.
Sec. 142. Study of increased consumption of ethanol-blended gasoline 
              with higher levels of ethanol.
Sec. 143. Pipeline feasibility study.
Sec. 144. Study of optimization of flexible fueled vehicles to use E-85 
              fuel.
Sec. 145. Study of credits for use of renewable electricity in electric 
              vehicles.
Sec. 146. Study of engine durability associated with the use of 
              biodiesel.
Sec. 147. Study of incentives for renewable fuels.
Sec. 148. Study of streamlined lifecycle analysis tools for the 
              evaluation of renewable carbon content of biofuels.
Sec. 149. Study of the adequacy of railroad transportation of 
              domestically-produced renewable fuel.
Sec. 150. Study of effects of ethanol-blended gasoline on off road 
              vehicles.

                 TITLE II--ENERGY EFFICIENCY PROMOTION

Sec. 201. Short title.
Sec. 202. Definition of Secretary.

          Subtitle A--Promoting Advanced Lighting Technologies

Sec. 211. Accelerated procurement of energy efficient lighting.
Sec. 212. Incandescent reflector lamp efficiency standards.
Sec. 213. Bright Tomorrow Lighting Prizes.
Sec. 214. Sense of Senate concerning efficient lighting standards.
Sec. 215. Renewable energy construction grants.

         Subtitle B--Expediting New Energy Efficiency Standards

Sec. 221. Definition of energy conservation standard.
Sec. 222. Regional efficiency standards for heating and cooling 
              products.
Sec. 223. Furnace fan rulemaking.
Sec. 224. Expedited rulemakings.
Sec. 225. Periodic reviews.
Sec. 226. Energy efficiency labeling for consumer products.
Sec. 227. Residential boiler efficiency standards.
Sec. 228. Technical corrections.
Sec. 229. Electric motor efficiency standards.
Sec. 230. Energy standards for home appliances.
Sec. 231. Improved energy efficiency for appliances and buildings in 
              cold climates.
Sec. 232. Deployment of new technologies for high-efficiency consumer 
              products.
Sec. 233. Industrial efficiency program.

Subtitle C--Promoting High Efficiency Vehicles, Advanced Batteries, and 
                             Energy Storage

Sec. 241. Lightweight materials research and development.
Sec. 242. Loan guarantees for fuel-efficient automobile parts 
              manufacturers.
Sec. 243. Advanced technology vehicles manufacturing incentive program.
Sec. 244. Energy storage competitiveness.
Sec. 245. Advanced transportation technology program.

              Subtitle D--Setting Energy Efficiency Goals

Sec. 251. National goals for energy savings in transportation.

[[Page 13002]]

Sec. 252. National energy efficiency improvement goals.
Sec. 253. National media campaign.
Sec. 254. Modernization of electricity grid system.

   Subtitle E--Promoting Federal Leadership in Energy Efficiency and 
                            Renewable Energy

Sec. 261. Federal fleet conservation requirements.
Sec. 262. Federal requirement to purchase electricity generated by 
              renewable energy.
Sec. 263. Energy savings performance contracts.
Sec. 264. Energy management requirements for Federal buildings.
Sec. 265. Combined heat and power and district energy installations at 
              Federal sites.
Sec. 266. Federal building energy efficiency performance standards.
Sec. 267. Application of International Energy Conservation Code to 
              public and assisted housing.
Sec. 268. Energy efficient commercial buildings initiative.

 Subtitle F--Assisting State and Local Governments in Energy Efficiency

Sec. 271. Weatherization assistance for low-income persons.
Sec. 272. State energy conservation plans.
Sec. 273. Utility energy efficiency programs.
Sec. 274. Energy efficiency and demand response program assistance.
Sec. 275. Energy and environmental block grant.
Sec. 276. Energy sustainability and efficiency grants for institutions 
              of higher education.
Sec. 277. Workforce training.
Sec. 278. Assistance to States to reduce school bus idling.

   TITLE III--CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, AND 
                             DEMONSTRATION

Sec. 301. Short title.
Sec. 302. Carbon capture and storage research, development, and 
              demonstration program.
Sec. 303. Carbon dioxide storage capacity assessment.
Sec. 304. Carbon capture and storage initiative.

               TITLE IV--PUBLIC BUILDINGS COST REDUCTION

Sec. 401. Short title.
Sec. 402. Cost-effective technology acceleration program.
Sec. 403. Environmental Protection Agency demonstration grant program 
              for local governments.
Sec. 404. Definitions.

           TITLE V--CORPORATE AVERAGE FUEL ECONOMY STANDARDS

Sec. 501. Short title.
Sec. 502. Average fuel economy standards for automobiles, medium-duty 
              trucks, and heavy duty trucks.
Sec. 503. Amending fuel economy standards.
Sec. 504. Definitions.
Sec. 505. Ensuring safety of automobiles.
Sec. 506. Credit trading program.
Sec. 507. Labels for fuel economy and greenhouse gas emissions.
Sec. 508. Continued applicability of existing standards.
Sec. 509. National Academy of Sciences studies.
Sec. 510. Standards for Executive agency automobiles.
Sec. 511. Ensuring availability of flexible fuel automobiles.
Sec. 512. Increasing consumer awareness of flexible fuel automobiles.
Sec. 513. Periodic review of accuracy of fuel economy labeling 
              procedures.
Sec. 514. Tire fuel efficiency consumer information.
Sec. 515. Advanced Battery Initiative.
Sec. 516. Biodiesel standards.
Sec. 517. Use of civil penalties for research and development.
Sec. 518. Authorization of appropriations.

                        TITLE VI--PRICE GOUGING

Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Prohibition on price gouging during Energy emergencies.
Sec. 604. Prohibition on market manipulation.
Sec. 605. Prohibition on false information.
Sec. 606. Presidential declaration of Energy emergency.
Sec. 607. Enforcement by the Federal Trade Commission.
Sec. 608. Enforcement by State Attorneys General.
Sec. 609. Penalties.
Sec. 610. Effect on other laws.

                TITLE VII--ENERGY DIPLOMACY AND SECURITY

Sec. 701. Short title.
Sec. 702. Definitions.
Sec. 703. Sense of Congress on energy diplomacy and security.
Sec. 704. Strategic energy partnerships.
Sec. 705. International energy crisis response mechanisms.
Sec. 706. Hemisphere energy cooperation forum.
Sec. 707. Appropriate congressional committees defined.

     SEC. 2. RELATIONSHIP TO OTHER LAW.

       Except to the extent expressly provided in this Act or an 
     amendment made by this Act, nothing in this Act or an 
     amendment made by this Act supersedes, limits the authority 
     provided or responsibility conferred by, or authorizes any 
     violation of any provision of law (including a regulation), 
     including any energy or environmental law or regulation.

        TITLE I--BIOFUELS FOR ENERGY SECURITY AND TRANSPORTATION

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Biofuels for Energy 
     Security and Transportation Act of 2007''.

     SEC. 102. DEFINITIONS.

       In this title:
       (1) Advanced biofuel.--
       (A) In general.--The term ``advanced biofuel'' means fuel 
     derived from renewable biomass other than corn starch.
       (B) Inclusions.--The term ``advanced biofuel'' includes--
       (i) ethanol derived from cellulose, hemicellulose, or 
     lignin;
       (ii) ethanol derived from sugar or starch, other than 
     ethanol derived from corn starch;
       (iii) ethanol derived from waste material, including crop 
     residue, other vegetative waste material, animal waste, and 
     food waste and yard waste;
       (iv) diesel-equivalent fuel derived from renewable biomass, 
     including vegetable oil and animal fat;
       (v) biogas produced through the conversion of organic 
     matter from renewable biomass; and
       (vi) butanol or higher alcohols produced through the 
     conversion of organic matter from renewable biomass.
       (2) Cellulosic biomass ethanol.--The term ``cellulosic 
     biomass ethanol'' means ethanol derived from any cellulose, 
     hemicellulose, or lignin that is derived from renewable 
     biomass.
       (3) Conventional biofuel.--The term ``conventional 
     biofuel'' means ethanol derived from corn starch.
       (4) Renewable biomass.--The term ``renewable biomass'' 
     means--
       (A) biomass (as defined by section 210 of the Energy Policy 
     Act of 2005 (42 U.S.C. 15855)) (excluding the bole of old-
     growth trees of a forest from the late successional state of 
     forest development) that is harvested where permitted by law 
     and in accordance with applicable land management plans 
     from--
       (i) National Forest System land; or
       (ii) public lands (as defined in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702)); or
       (B) any organic matter that is available on a renewable or 
     recurring basis from non-Federal land or from land belonging 
     to an Indian tribe, or an Indian individual, that is held in 
     trust by the United States or subject to a restriction 
     against alienation imposed by the United States, including--
       (i) renewable plant material, including--

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

       (ii) waste material, including--

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

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

                  Subtitle A--Renewable Fuel Standard

     SEC. 111. RENEWABLE FUEL STANDARD.

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

       (I) the requirements of this subsection are met; and

[[Page 13003]]

       (II) renewable fuels produced from facilities built after 
     the date of enactment of this Act achieve at least a 20 
     percent reduction in life cycle greenhouse gas emissions 
     compared to gasoline; but

       (ii) shall not--

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

       (C) Relationship to other regulations.--Regulations 
     promulgated under this paragraph shall, to the maximum extent 
     practicable, incorporate the program structure, compliance, 
     and reporting requirements established under the final 
     regulations promulgated to implement the renewable fuel 
     program established by the amendment made by section 
     1501(a)(2) of the Energy Policy Act of 2005 (Public Law 109-
     58; 119 Stat. 1067).
       (2) Applicable volume.--
       (A) Calendar years 2008 through 2022.--
       (i) Renewable fuel.--For the purpose of paragraph (1), 
     subject to clause (ii), the applicable volume for any of 
     calendar years 2008 through 2022 shall be determined in 
     accordance with the following table:
Calendar yApplicable volume of renewable fuel (in billions of gallons):
2008................................................................8.5
2009...............................................................10.5
2010...............................................................12.0
2011...............................................................12.6
2012...............................................................13.2
2013...............................................................13.8
2014...............................................................14.4
2015...............................................................15.0
2016...............................................................18.0
2017...............................................................21.0
2018...............................................................24.0
2019...............................................................27.0
2020...............................................................30.0
2021...............................................................33.0
2022...............................................................36.0
       (ii) Advanced biofuels.--For the purpose of paragraph (1), 
     of the volume of renewable fuel required under clause (i), 
     the applicable volume for any of calendar years 2016 through 
     2022 for advanced biofuels shall be determined in accordance 
     with the following table:
CalendaApplicable volume of advanced biofuels (in billions of gallons):
2016................................................................3.0
2017................................................................6.0
2018................................................................9.0
2019...............................................................12.0
2020...............................................................15.0
2021...............................................................18.0
2022...............................................................21.0
       (B) Calendar year 2023 and thereafter.--Subject to 
     subparagraph (C), for the purposes of paragraph (1), the 
     applicable volume for calendar year 2023 and each calendar 
     year thereafter shall be determined by the President, in 
     coordination with the Secretary of Energy, the Secretary of 
     Agriculture, and the Administrator of the Environmental 
     Protection Agency, based on a review of the implementation of 
     the program during calendar years 2007 through 2022, 
     including a review of--
       (i) the impact of renewable fuels on the energy security of 
     the United States;
       (ii) the expected annual rate of future production of 
     renewable fuels, including advanced biofuels;
       (iii) the impact of renewable fuels on the infrastructure 
     of the United States, including deliverability of materials, 
     goods, and products other than renewable fuel, and the 
     sufficiency of infrastructure to deliver renewable fuel; and
       (iv) the impact of the use of renewable fuels on other 
     factors, including job creation, the price and supply of 
     agricultural commodities, rural economic development, and the 
     environment.
       (C) Minimum applicable volume.--Subject to subparagraph 
     (D), for the purpose of paragraph (1), the applicable volume 
     for calendar year 2023 and each calendar year thereafter 
     shall be equal to the product obtained by multiplying--
       (i) the number of gallons of gasoline that the President 
     estimates will be sold or introduced into commerce in the 
     calendar year; and
       (ii) the ratio that--

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

       (D) Minimum percentage of advanced biofuel.--For the 
     purpose of paragraph (1) and subparagraph (C), at least 60 
     percent of the minimum applicable volume for calendar year 
     2023 and each calendar year thereafter shall be advanced 
     biofuel.
       (b) Applicable Percentages.--
       (1) Provision of estimate of volumes of gasoline sales.--
     Not later than October 31 of each of calendar years 2008 
     through 2021, the Administrator of the Energy Information 
     Administration shall provide to the President an estimate, 
     with respect to the following calendar year, of the volumes 
     of gasoline projected to be sold or introduced into commerce 
     in the United States.
       (2) Determination of applicable percentages.--
       (A) In general.--Not later than November 30 of each of 
     calendar years 2008 through 2022, based on the estimate 
     provided under paragraph (1), the President shall determine 
     and publish in the Federal Register, with respect to the 
     following calendar year, the renewable fuel obligation that 
     ensures that the requirements of subsection (a) are met.
       (B) Required elements.--The renewable fuel obligation 
     determined for a calendar year under subparagraph (A) shall--
       (i) be applicable to refineries, blenders, and importers, 
     as appropriate;
       (ii) be expressed in terms of a volume percentage of 
     gasoline sold or introduced into commerce in the United 
     States; and
       (iii) subject to paragraph (3)(A), consist of a single 
     applicable percentage that applies to all categories of 
     persons specified in clause (i).
       (3) Adjustments.--In determining the applicable percentage 
     for a calendar year, the President shall make adjustments--
       (A) to prevent the imposition of redundant obligations on 
     any person specified in paragraph (2)(B)(i); and
       (B) to account for the use of renewable fuel during the 
     previous calendar year by small refineries that are exempt 
     under subsection (g).
       (c) Volume Conversion Factors for Renewable Fuels Based on 
     Energy Content or Requirements.--
       (1) In general.--For the purpose of subsection (a), the 
     President shall assign values to specific types of advanced 
     biofuels for the purpose of satisfying the fuel volume 
     requirements of subsection (a)(2) in accordance with this 
     subsection.
       (2) Energy content relative to ethanol.--For advanced 
     biofuel, 1 gallon of the advanced biofuel shall be considered 
     to be the equivalent of 1 gallon of renewable fuel multiplied 
     by the ratio that--
       (A) the number of British thermal units of energy produced 
     by the combustion of 1 gallon of the advanced biofuel (as 
     measured under conditions determined by the Secretary); bears 
     to
       (B) the number of British thermal units of energy produced 
     by the combustion of 1 gallon of pure ethanol (as measured 
     under conditions determined by the Secretary to be comparable 
     to conditions described in subparagraph (A)).
       (3) Transitional energy-related conversion factors for 
     cellulosic biomass ethanol.--For any of calendar years 2008 
     through 2015, 1 gallon of cellulosic biomass ethanol shall be 
     considered to be the equivalent of 2.5 gallons of renewable 
     fuel.
       (d) Credit Program.--
       (1) In general.--The President, in consultation with the 
     Secretary and the Administrator of the Environmental 
     Protection Agency, shall implement a credit program to manage 
     the renewable fuel requirement of this section in a manner 
     consistent with the credit program established by the 
     amendment made by section 1501(a)(2) of the Energy Policy Act 
     of 2005 (Public Law 109-58; 119 Stat. 1067).
       (2) Market transparency.--In carrying out the credit 
     program under this subsection, the President shall facilitate 
     price transparency in markets for the sale and trade of 
     credits, with due regard for the public interest, the 
     integrity of those markets, fair competition, and the 
     protection of consumers and agricultural producers.
       (e) Seasonal Variations in Renewable Fuel Use.--
       (1) Study.--For each of calendar years 2008 through 2022, 
     the Administrator of the Energy Information Administration 
     shall conduct a study of renewable fuel blending to determine 
     whether there are excessive seasonal variations in the use of 
     renewable fuel.
       (2) Regulation of excessive seasonal variations.--If, for 
     any calendar year, the Administrator of the Energy 
     Information Administration, based on the study under 
     paragraph (1), makes the determinations specified in 
     paragraph (3), the President shall promulgate regulations to 
     ensure that 25 percent or more of the quantity of renewable 
     fuel necessary to meet the requirements of subsection (a) is 
     used during each of the 2 periods specified in paragraph (4) 
     of each subsequent calendar year.
       (3) Determinations.--The determinations referred to in 
     paragraph (2) are that--
       (A) less than 25 percent of the quantity of renewable fuel 
     necessary to meet the requirements of subsection (a) has been 
     used during 1 of the 2 periods specified in paragraph (4) of 
     the calendar year;
       (B) a pattern of excessive seasonal variation described in 
     subparagraph (A) will continue in subsequent calendar years; 
     and
       (C) promulgating regulations or other requirements to 
     impose a 25 percent or more seasonal use of renewable fuels 
     will not significantly--
       (i) increase the price of motor fuels to the consumer; or
       (ii) prevent or interfere with the attainment of national 
     ambient air quality standards.
       (4) Periods.--The 2 periods referred to in this subsection 
     are--
       (A) April through September; and
       (B) January through March and October through December.
       (f) Waivers.--
       (1) In general.--The President, in consultation with the 
     Secretary of Energy, the

[[Page 13004]]

     Secretary of Agriculture, and the Administrator of the 
     Environmental Protection Agency, may waive the requirements 
     of subsection (a) in whole or in part on petition by one or 
     more States by reducing the national quantity of renewable 
     fuel required under subsection (a), based on a determination 
     by the President (after public notice and opportunity for 
     comment), that--
       (A) implementation of the requirement would severely harm 
     the economy or environment of a State, a region, or the 
     United States; or
       (B) extreme and unusual circumstances exist that prevent 
     distribution of an adequate supply of domestically-produced 
     renewable fuel to consumers in the United States.
       (2) Petitions for waivers.--The President, in consultation 
     with the Secretary of Energy, the Secretary of Agriculture, 
     and the Administrator of the Environmental Protection Agency, 
     shall approve or disapprove a State petition for a waiver of 
     the requirements of subsection (a) within 90 days after the 
     date on which the petition is received by the President.
       (3) Termination of waivers.--A waiver granted under 
     paragraph (1) shall terminate after 1 year, but may be 
     renewed by the President after consultation with the 
     Secretary of Energy, the Secretary of Agriculture, and the 
     Administrator of the Environmental Protection Agency.
       (4) Report to congress.--If the Secretary makes a 
     determination under paragraph (1)(B) that railroad 
     transportation of domestically-produced renewable fuel is 
     inadequate, based on either the service provided by, or the 
     price of, the railroad transportation, the President shall 
     submit to Congress a report that describes--
       (A) the actions the Federal Government is taking, or will 
     take, to address the inadequacy, including a description of 
     the specific powers of the applicable Federal agencies; and
       (B) if the President finds that there are inadequate 
     Federal powers to address the railroad service or pricing 
     inadequacies, recommendations for legislation to provide 
     appropriate powers to Federal agencies to address the 
     inadequacies.
       (g) Small Refineries.--
       (1) Temporary exemption.--
       (A) In general.--The requirements of subsection (a) shall 
     not apply to--
       (i) small refineries (other than a small refinery described 
     in clause (ii)) until calendar year 2013; and
       (ii) small refineries owned by a small business refiner (as 
     defined in section 45H(c) of the Internal Revenue Code of 
     1986) until calendar year 2015.
       (B) Extension of exemption.--
       (i) Study by secretary.--Not later than December 31, 2008, 
     the Secretary shall submit to the President and Congress a 
     report describing the results of a study to determine whether 
     compliance with the requirements of subsection (a) would 
     impose a disproportionate economic hardship on small 
     refineries.
       (ii) Extension of exemption.--In the case of a small 
     refinery that the Secretary determines under clause (i) would 
     be subject to a disproportionate economic hardship if 
     required to comply with subsection (a), the President shall 
     extend the exemption under subparagraph (A) for the small 
     refinery for a period of not less than 2 additional years.
       (2) Petitions based on disproportionate economic 
     hardship.--
       (A) Extension of exemption.--A small refinery may at any 
     time petition the President for an extension of the exemption 
     under paragraph (1) for the reason of disproportionate 
     economic hardship.
       (B) Evaluation of petitions.--In evaluating a petition 
     under subparagraph (A), the President, in consultation with 
     the Secretary, shall consider the findings of the study under 
     paragraph (1)(B) and other economic factors.
       (C) Deadline for action on petitions.--The President shall 
     act on any petition submitted by a small refinery for a 
     hardship exemption not later than 90 days after the date of 
     receipt of the petition.
       (3) Opt-in for small refineries.--A small refinery shall be 
     subject to the requirements of subsection (a) if the small 
     refinery notifies the President that the small refinery 
     waives the exemption under paragraph (1).
       (h) Penalties and Enforcement.--
       (1) Civil penalties.--
       (A) In general.--Any person that violates a regulation 
     promulgated under subsection (a), or that fails to furnish 
     any information required under such a regulation, shall be 
     liable to the United States for a civil penalty of not more 
     than the total of--
       (i) $25,000 for each day of the violation; and
       (ii) the amount of economic benefit or savings received by 
     the person resulting from the violation, as determined by the 
     President.
       (B) Collection.--Civil penalties under subparagraph (A) 
     shall be assessed by, and collected in a civil action brought 
     by, the Secretary or such other officer of the United States 
     as is designated by the President.
       (2) Injunctive authority.--
       (A) In general.--The district courts of the United States 
     shall have jurisdiction to--
       (i) restrain a violation of a regulation promulgated under 
     subsection (a);
       (ii) award other appropriate relief; and
       (iii) compel the furnishing of information required under 
     the regulation.
       (B) Actions.--An action to restrain such violations and 
     compel such actions shall be brought by and in the name of 
     the United States.
       (C) Subpoenas.--In the action, a subpoena for a witness who 
     is required to attend a district court in any district may 
     apply in any other district.
       (i) Voluntary Labeling Program.--
       (1) In general.--The President shall establish criteria for 
     a system of voluntary labeling of renewable fuels based on 
     life cycle greenhouse gas emissions.
       (2) Consumer education.--The President shall ensure that 
     the labeling system under this subsection provides useful 
     information to consumers making fuel purchases.
       (3) Flexibility.--In carrying out this subsection, the 
     President may establish more than 1 label, as appropriate.
       (j) Effective Date.--Except as otherwise specifically 
     provided in this section, this section takes effect on 
     January 1, 2008.

     SEC. 112. PRODUCTION OF RENEWABLE FUEL USING RENEWABLE 
                   ENERGY.

       (a) Definitions.--In this section:
       (1) Facility.--The term ``facility'' means a facility used 
     for the production of renewable fuel.
       (2) Renewable energy.--
       (A) In general.--The term ``renewable energy'' has the 
     meaning given the term in section 203(b) of the Energy Policy 
     Act of 2005 (42 U.S.C. 15852(b)).
       (B) Inclusion.--The term ``renewable energy'' includes 
     biogas produced through the conversion of organic matter from 
     renewable biomass.
       (b) Additional Credit.--
       (1) In general.--The President shall provide a credit under 
     the program established under section 111(d) to the owner of 
     a facility that uses renewable energy to displace more than 
     90 percent of the fossil fuel normally used in the production 
     of renewable fuel.
       (2) Credit amount.--The President may provide the credit in 
     a quantity that is not more than the equivalent of 1.5 
     gallons of renewable fuel for each gallon of renewable fuel 
     produced in a facility described in paragraph (1).

               Subtitle B--Renewable Fuels Infrastructure

     SEC. 121. INFRASTRUCTURE PILOT PROGRAM FOR RENEWABLE FUELS.

       (a) In General.--The Secretary, in consultation with the 
     Secretary of Transportation and the Administrator of the 
     Environmental Protection Agency, shall establish a 
     competitive grant pilot program (referred to in this section 
     as the ``pilot program''), to be administered through the 
     Vehicle Technology Deployment Program of the Department of 
     Energy, to provide not more than 10 geographically-dispersed 
     project grants to State governments, Indian tribal 
     governments, local governments, metropolitan transportation 
     authorities, or partnerships of those entities to carry out 1 
     or more projects for the purposes described in subsection 
     (b).
       (b) Grant Purposes.--A grant under this section shall be 
     used for the establishment of refueling infrastructure 
     corridors, as designated by the Secretary, for gasoline 
     blends that contain not less than 11 percent, and not more 
     than 85 percent, renewable fuel or diesel fuel that contains 
     at least 10 percent renewable fuel, including--
       (1) installation of infrastructure and equipment necessary 
     to ensure adequate distribution of renewable fuels within the 
     corridor;
       (2) installation of infrastructure and equipment necessary 
     to directly support vehicles powered by renewable fuels; and
       (3) operation and maintenance of infrastructure and 
     equipment installed as part of a project funded by the grant.
       (c) Applications.--
       (1) Requirements.--
       (A) In general.--Subject to subparagraph (B), not later 
     than 90 days after the date of enactment of this Act, the 
     Secretary shall issue requirements for use in applying for 
     grants under the pilot program.
       (B) Minimum requirements.--At a minimum, the Secretary 
     shall require that an application for a grant under this 
     section--
       (i) be submitted by--

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

       (ii) include--

       (I) a description of the project proposed in the 
     application, including the ways in which the project meets 
     the requirements of this section;
       (II) an estimate of the degree of use of the project, 
     including the estimated size of fleet of vehicles operated 
     with renewable fuel available within the geographic region of 
     the corridor, measured as a total quantity and a percentage;
       (III) an estimate of the potential petroleum displaced as a 
     result of the project (measured as a total quantity and a 
     percentage), and a plan to collect and disseminate petroleum 
     displacement and other relevant data relating to the project 
     to be funded under the grant, over the expected life of the 
     project;

[[Page 13005]]

       (IV) a description of the means by which the project will 
     be sustainable without Federal assistance after the 
     completion of the term of the grant;
       (V) a complete description of the costs of the project, 
     including acquisition, construction, operation, and 
     maintenance costs over the expected life of the project; and
       (VI) a description of which costs of the project will be 
     supported by Federal assistance under this subsection.

       (2) Partners.--An applicant under paragraph (1) may carry 
     out a project under the pilot program in partnership with 
     public and private entities.
       (d) Selection Criteria.--In evaluating applications under 
     the pilot program, the Secretary shall--
       (1) consider the experience of each applicant with 
     previous, similar projects; and
       (2) give priority consideration to applications that--
       (A) are most likely to maximize displacement of petroleum 
     consumption, measured as a total quantity and a percentage;
       (B) are best able to incorporate existing infrastructure 
     while maximizing, to the extent practicable, the use of 
     advanced biofuels;
       (C) demonstrate the greatest commitment on the part of the 
     applicant to ensure funding for the proposed project and the 
     greatest likelihood that the project will be maintained or 
     expanded after Federal assistance under this subsection is 
     completed;
       (D) represent a partnership of public and private entities; 
     and
       (E) exceed the minimum requirements of subsection 
     (c)(1)(B).
       (e) Pilot Project Requirements.--
       (1) Maximum amount.--The Secretary shall provide not more 
     than $20,000,000 in Federal assistance under the pilot 
     program to any applicant.
       (2) Cost sharing.--The non-Federal share of the cost of any 
     activity relating to renewable fuel infrastructure 
     development carried out using funds from a grant under this 
     section shall be not less than 20 percent.
       (3) Maximum period of grants.--The Secretary shall not 
     provide funds to any applicant under the pilot program for 
     more than 2 years.
       (4) Deployment and distribution.--The Secretary shall seek, 
     to the maximum extent practicable, to ensure a broad 
     geographic distribution of project sites funded by grants 
     under this section.
       (5) Transfer of information and knowledge.--The Secretary 
     shall establish mechanisms to ensure that the information and 
     knowledge gained by participants in the pilot program are 
     transferred among the pilot program participants and to other 
     interested parties, including other applicants that submitted 
     applications.
       (f) Schedule.--
       (1) Initial grants.--
       (A) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall publish in the 
     Federal Register, Commerce Business Daily, and such other 
     publications as the Secretary considers to be appropriate, a 
     notice and request for applications to carry out projects 
     under the pilot program.
       (B) Deadline.--An application described in subparagraph (A) 
     shall be submitted to the Secretary by not later than 180 
     days after the date of publication of the notice under that 
     subparagraph.
       (C) Initial selection.--Not later than 90 days after the 
     date by which applications for grants are due under 
     subparagraph (B), the Secretary shall select by competitive, 
     peer-reviewed proposal up to 5 applications for projects to 
     be awarded a grant under the pilot program.
       (2) Additional grants.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall publish in the 
     Federal Register, Commerce Business Daily, and such other 
     publications as the Secretary considers to be appropriate, a 
     notice and request for additional applications to carry out 
     projects under the pilot program that incorporate the 
     information and knowledge obtained through the implementation 
     of the first round of projects authorized under the pilot 
     program.
       (B) Deadline.--An application described in subparagraph (A) 
     shall be submitted to the Secretary by not later than 180 
     days after the date of publication of the notice under that 
     subparagraph.
       (C) Initial selection.--Not later than 90 days after the 
     date by which applications for grants are due under 
     subparagraph (B), the Secretary shall select by competitive, 
     peer-reviewed proposal such additional applications for 
     projects to be awarded a grant under the pilot program as the 
     Secretary determines to be appropriate.
       (g) Reports to Congress.--
       (1) Initial report.--Not later than 60 days after the date 
     on which grants are awarded under this section, the Secretary 
     shall submit to Congress a report containing--
       (A) an identification of the grant recipients and a 
     description of the projects to be funded under the pilot 
     program;
       (B) an identification of other applicants that submitted 
     applications for the pilot program but to which funding was 
     not provided; and
       (C) a description of the mechanisms used by the Secretary 
     to ensure that the information and knowledge gained by 
     participants in the pilot program are transferred among the 
     pilot program participants and to other interested parties, 
     including other applicants that submitted applications.
       (2) Evaluation.--Not later than 2 years after the date of 
     enactment of this Act, and annually thereafter until the 
     termination of the pilot program, the Secretary shall submit 
     to Congress a report containing an evaluation of the 
     effectiveness of the pilot program, including an assessment 
     of the petroleum displacement and benefits to the environment 
     derived from the projects included in the pilot program.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $200,000,000, to remain available until expended.

     SEC. 122. BIOENERGY RESEARCH AND DEVELOPMENT.

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

     SEC. 123. BIORESEARCH CENTERS FOR SYSTEMS BIOLOGY PROGRAM.

       Section 977(a)(1) of the Energy Policy Act of 2005 (42 
     U.S.C. 16317(a)(1)) is amended by inserting before the period 
     at the end the following: ``, including the establishment of 
     at least 11 bioresearch centers of varying sizes, as 
     appropriate, that focus on biofuels, of which at least 2 
     centers shall be located in each of the 4 Petroleum 
     Administration for Defense Districts with no subdistricts and 
     1 center shall be located in each of the subdistricts of the 
     Petroleum Administration for Defense District with 
     subdistricts''.

     SEC. 124. LOAN GUARANTEES FOR RENEWABLE FUEL FACILITIES.

       (a) In General.--Section 1703 of the Energy Policy Act of 
     2005 (42 U.S.C. 16513) is amended by adding at the end the 
     following:
       ``(f) Renewable Fuel Facilities.--
       ``(1) In general.--The Secretary may make guarantees under 
     this title for projects that produce advanced biofuel (as 
     defined in section 102 of the Biofuels for Energy Security 
     and Transportation Act of 2007).
       ``(2) Requirements.--A project under this subsection shall 
     employ new or significantly improved technologies for the 
     production of renewable fuels as compared to commercial 
     technologies in service in the United States at the time that 
     the guarantee is issued.
       ``(3) Issuance of first loan guarantees.--The requirement 
     of section 20320(b) of division B of the Continuing 
     Appropriations Resolution, 2007 (Public Law 109-289, Public 
     Law 110-5), relating to the issuance of final regulations, 
     shall not apply to the first 6 guarantees issued under this 
     subsection.
       ``(4) Project design.--A project for which a guarantee is 
     made under this subsection shall have a project design that 
     has been validated through the operation of a continuous 
     process pilot facility with an annual output of at least 
     50,000 gallons of ethanol or the energy equivalent volume of 
     other advanced biofuels.
       ``(5) Maximum guaranteed principal.--The total principal 
     amount of a loan guaranteed under this subsection may not 
     exceed $250,000,000 for a single facility.
       ``(6) Amount of guarantee.--The Secretary shall guarantee 
     100 percent of the principal and interest due on 1 or more 
     loans made for a facility that is the subject of the 
     guarantee under paragraph (3).
       ``(7) Deadline.--The Secretary shall approve or disapprove 
     an application for a guarantee under this subsection not 
     later than 90 days after the date of receipt of the 
     application.
       ``(8) Report.--Not later than 30 days after approving or 
     disapproving an application under paragraph (7), the 
     Secretary shall submit to Congress a report on the approval 
     or disapproval (including the reasons for the action).''.
       (b) Improvements to Underlying Loan Guarantee Authority.--
       (1) Definition of commercial technology.--Section 1701(1) 
     of the Energy Policy Act of 2005 (42 U.S.C. 16511(1)) is 
     amended by striking subparagraph (B) and inserting the 
     following:
       ``(B) Exclusion.--The term `commercial technology' does not 
     include a technology if the sole use of the technology is in 
     connection with--
       ``(i) a demonstration plant; or
       ``(ii) a project for which the Secretary approved a loan 
     guarantee.''.
       (2) Specific appropriation or contribution.--Section 1702 
     of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended 
     by striking subsection (b) and inserting the following:
       ``(b) Specific Appropriation or Contribution.--
       ``(1) In general.--No guarantee shall be made unless--
       ``(A) an appropriation for the cost has been made; or
       ``(B) the Secretary has received from the borrower a 
     payment in full for the cost of the obligation and deposited 
     the payment into the Treasury.
       ``(2) Limitation.--The source of payments received from a 
     borrower under paragraph

[[Page 13006]]

     (1)(B) shall not be a loan or other debt obligation that is 
     made or guaranteed by the Federal Government.
       ``(3) Relation to other laws.--Section 504(b) of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall 
     not apply to a loan or loan guarantee made in accordance with 
     paragraph (1)(B).''.
       (3) Amount.--Section 1702 of the Energy Policy Act of 2005 
     (42 U.S.C. 16512) is amended by striking subsection (c) and 
     inserting the following:
       ``(c) Amount.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall guarantee up to 100 percent of the principal and 
     interest due on 1 or more loans for a facility that are the 
     subject of the guarantee.
       ``(2) Limitation.--The total amount of loans guaranteed for 
     a facility by the Secretary shall not exceed 80 percent of 
     the total cost of the facility, as estimated at the time at 
     which the guarantee is issued.''.
       (4) Subrogation.--Section 1702(g)(2) of the Energy Policy 
     Act of 2005 (42 U.S.C. 16512(g)(2)) is amended--
       (A) by striking subparagraph (B); and
       (B) by redesignating subparagraph (C) as subparagraph (B).
       (5) Fees.--Section 1702(h) of the Energy Policy Act of 2005 
     (42 U.S.C. 16512(h)) is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) Availability.--Fees collected under this subsection 
     shall--
       ``(A) be deposited by the Secretary into a special fund in 
     the Treasury to be known as the `Incentives For Innovative 
     Technologies Fund'; and
       ``(B) remain available to the Secretary for expenditure, 
     without further appropriation or fiscal year limitation, for 
     administrative expenses incurred in carrying out this 
     title.''.

     SEC. 125. GRANTS FOR RENEWABLE FUEL PRODUCTION RESEARCH AND 
                   DEVELOPMENT IN CERTAIN STATES.

       (a) In General.--The Secretary shall provide grants to 
     eligible entities to conduct research into, and develop and 
     implement, renewable fuel production technologies in States 
     with low rates of ethanol production, including low rates of 
     production of cellulosic biomass ethanol, as determined by 
     the Secretary.
       (b) Eligibility.--To be eligible to receive a grant under 
     the section, an entity shall--
       (1)(A) be an institution of higher education (as defined in 
     section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)) 
     located in a State described in subsection (a);
       (B) be an institution--
       (i) referred to in section 532 of the Equity in Educational 
     Land-Grant Status Act of 1994 (Public Law 103-382; 7 U.S.C. 
     301 note);
       (ii) that is eligible for a grant under the Tribally 
     Controlled College or University Assistance Act of 1978 (25 
     U.S.C. 1801 et seq.), including Dine College; or
       (iii) that is eligible for a grant under the Navajo 
     Community College Act (25 U.S.C. 640a et seq.); or
       (C) be a consortium of such institutions of higher 
     education, industry, State agencies, Indian tribal agencies, 
     or local government agencies located in the State; and
       (2) have proven experience and capabilities with relevant 
     technologies.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000 for 
     each of fiscal years 2008 through 2010.

     SEC. 126. GRANTS FOR INFRASTRUCTURE FOR TRANSPORTATION OF 
                   BIOMASS TO LOCAL BIOREFINERIES.

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

     SEC. 127. BIOREFINERY INFORMATION CENTER.

       (a) In General.--The Secretary, in cooperation with the 
     Secretary of Agriculture, shall establish a biorefinery 
     information center to make available to interested parties 
     information on--
       (1) renewable fuel resources, including information on 
     programs and incentives for renewable fuels;
       (2) renewable fuel producers;
       (3) renewable fuel users; and
       (4) potential renewable fuel users.
       (b) Administration.--In administering the biorefinery 
     information center, the Secretary shall--
       (1) continually update information provided by the center;
       (2) make information available to interested parties on the 
     process for establishing a biorefinery; and
       (3) make information and assistance provided by the center 
     available through a toll-free telephone number and website.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 128. ALTERNATIVE FUEL DATABASE AND MATERIALS.

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

     SEC. 129. FUEL TANK CAP LABELING REQUIREMENT.

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

     SEC. 130. BIODIESEL.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on any research and development challenges inherent 
     in increasing to 5 percent the proportion of diesel fuel sold 
     in the United States that is biodiesel (as defined in section 
     757 of the Energy Policy Act of 2005 (42 U.S.C. 16105)).
       (b) Regulations.--The President shall promulgate 
     regulations providing for the uniform labeling of biodiesel 
     blends that are certified to meet applicable standards 
     published by the American Society for Testing and Materials.
       (c) National Biodiesel Fuel Quality Standard.--
       (1) Quality regulations.--Within 180 days following the 
     date of enactment of this Act, the President shall promulgate 
     regulations to ensure that only biodiesel that is tested and 
     certified to comply with the American Society for Testing and 
     Materials (ASTM) 6751 standard is introduced into interstate 
     commerce.
       (2) Enforcement.--The President shall ensure that all 
     biodiesel entering interstate commerce meets the requirements 
     of paragraph (1).
       (3) Funding.--There are authorized to be appropriated to 
     the President to carry out this section:
       (A) $3,000,000 for fiscal year 2008.
       (B) $3,000,000 for fiscal year 2009.
       (C) $3,000,000 for fiscal year 2010.

                          Subtitle C--Studies

     SEC. 141. STUDY OF ADVANCED BIOFUELS TECHNOLOGIES.

       (a) In General.--Not later than October 1, 2012, the 
     Secretary shall offer to enter into a contract with the 
     National Academy of Sciences under which the Academy shall 
     conduct a study of technologies relating to the production, 
     transportation, and distribution of advanced biofuels.
       (b) Scope.--In conducting the study, the Academy shall--
       (1) include an assessment of the maturity of advanced 
     biofuels technologies;
       (2) consider whether the rate of development of those 
     technologies will be sufficient to meet the advanced biofuel 
     standards required under section 111;
       (3) consider the effectiveness of the research and 
     development programs and activities of the Department of 
     Energy relating to advanced biofuel technologies; and
       (4) make policy recommendations to accelerate the 
     development of those technologies to commercial viability, as 
     appropriate.
       (c) Report.--Not later than November 30, 2014, the 
     Secretary shall submit to the Committee on Energy and Natural 
     Resources of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives a report describing 
     the results of the study conducted under this section.

     SEC. 142. STUDY OF INCREASED CONSUMPTION OF ETHANOL-BLENDED 
                   GASOLINE WITH HIGHER LEVELS OF ETHANOL.

       (a) In General.--The Secretary, in cooperation with the 
     Secretary of Agriculture, the Administrator of the 
     Environmental Protection Agency, and the Secretary of 
     Transportation, and after providing notice and an opportunity 
     for public comment, shall conduct a study of the feasibility 
     of increasing consumption in the United States of ethanol-
     blended gasoline with levels of ethanol that are not less 
     than 10 percent and not more than 40 percent.

[[Page 13007]]

       (b) Study.--The study under subsection (a) shall include--
       (1) a review of production and infrastructure constraints 
     on increasing consumption of ethanol;
       (2) an evaluation of the economic, market, and energy-
     related impacts of State and regional differences in ethanol 
     blends;
       (3) an evaluation of the economic, market, and energy-
     related impacts on gasoline retailers and consumers of 
     separate and distinctly labeled fuel storage facilities and 
     dispensers;
       (4) an evaluation of the environmental impacts of mid-level 
     ethanol blends on evaporative and exhaust emissions from on-
     road, off-road, and marine engines, recreational boats, 
     vehicles, and equipment;
       (5) an evaluation of the impacts of mid-level ethanol 
     blends on the operation, durability, and performance of on-
     road, off-road, and marine engines, recreational boats, 
     vehicles, and equipment; and
       (6) an evaluation of the safety impacts of mid-level 
     ethanol blends on consumers that own and operate off-road and 
     marine engines, recreational boats, vehicles, or equipment.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the results of the study conducted under 
     this section.

     SEC. 143. PIPELINE FEASIBILITY STUDY.

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

     SEC. 144. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED VEHICLES 
                   TO USE E-85 FUEL.

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

     SEC. 145. STUDY OF CREDITS FOR USE OF RENEWABLE ELECTRICITY 
                   IN ELECTRIC VEHICLES.

       (a) Definition of Electric Vehicle.--In this section, the 
     term ``electric vehicle'' means an electric motor vehicle (as 
     defined in section 601 of the Energy Policy Act of 1992 (42 
     U.S.C. 13271)) for which the rechargeable storage battery--
       (1) receives a charge directly from a source of electric 
     current that is external to the vehicle; and
       (2) provides a minimum of 80 percent of the motive power of 
     the vehicle.
       (b) Study.--The Secretary shall conduct a study on the 
     feasibility of issuing credits under the program established 
     under section 111(d) to electric vehicles powered by 
     electricity produced from renewable energy sources.
       (c) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives a report that describes the results of the 
     study, including a description of--
       (1) existing programs and studies on the use of renewable 
     electricity as a means of powering electric vehicles; and
       (2) alternatives for--
       (A) designing a pilot program to determine the feasibility 
     of using renewable electricity to power electric vehicles as 
     an adjunct to a renewable fuels mandate;
       (B) allowing the use, under the pilot program designed 
     under subparagraph (A), of electricity generated from nuclear 
     energy as an additional source of supply;
       (C) identifying the source of electricity used to power 
     electric vehicles; and
       (D) equating specific quantities of electricity to 
     quantities of renewable fuel under section 111(d).

     SEC. 146. STUDY OF ENGINE DURABILITY ASSOCIATED WITH THE USE 
                   OF BIODIESEL.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall initiate a study 
     on the effects of the use of biodiesel on engine durability.
       (b) Components.--The study under this section shall 
     include--
       (1) an assessment of whether the use of biodiesel in 
     conventional diesel engines lessens engine durability; and
       (2) an assessment of the effects referred to in subsection 
     (a) with respect to biodiesel blends at varying 
     concentrations, including--
       (A) B5;
       (B) B10;
       (C) B20; and
       (D) B30.

     SEC. 147. STUDY OF INCENTIVES FOR RENEWABLE FUELS.

       (a) Study.--The President shall conduct a study of the 
     renewable fuels industry and markets in the United States, 
     including--
       (1) the costs to produce conventional and advanced 
     biofuels;
       (2) the factors affecting the future market prices for 
     those biofuels, including world oil prices; and
       (3) the financial incentives necessary to enhance, to the 
     maximum extent practicable, the biofuels industry of the 
     United States to reduce the dependence of the United States 
     on foreign oil during calendar years 2011 through 2030.
       (b) Goals.--The study shall include an analysis of the 
     options for financial incentives and the advantage and 
     disadvantages of each option.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the President shall submit to Congress 
     a report that describes the results of the study.

     SEC. 148. STUDY OF STREAMLINED LIFECYCLE ANALYSIS TOOLS FOR 
                   THE EVALUATION OF RENEWABLE CARBON CONTENT OF 
                   BIOFUELS.

       (a) In General.--The Secretary, in consultation with the 
     Secretary of Agriculture and the Administrator of the 
     Environmental Protection Agency, shall conduct a study of--
       (1) published methods for evaluating the lifecycle fossil 
     and renewable carbon content of fuels, including conventional 
     and advanced biofuels; and
       (2) methods for performing simplified, streamlined 
     lifecycle analyses of the fossil and renewable carbon content 
     of biofuels.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives a report that describes the results of the 
     study under subsection (a), including recommendations for a 
     method for performing a simplified, streamlined lifecycle 
     analysis of the fossil and renewable carbon content of 
     biofuels that includes--
       (1) carbon inputs to feedstock production; and
       (2) carbon inputs to the biofuel production process, 
     including the carbon associated with electrical and thermal 
     energy inputs.

     SEC. 149. STUDY OF THE ADEQUACY OF RAILROAD TRANSPORTATION OF 
                   DOMESTICALLY-PRODUCED RENEWABLE FUEL.

       (a) Study.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of Transportation, shall conduct a study of the 
     adequacy of railroad transportation of domestically-produced 
     renewable fuel.
       (2) Components.--In conducting the study under paragraph 
     (1), the Secretary shall consider--
       (A) the adequacy of, and appropriate location for, tracks 
     that have sufficient capacity, and are in the appropriate 
     condition, to move the necessary quantities of domestically-
     produced renewable fuel within the timeframes required by 
     section 111;
       (B) the adequacy of the supply of railroad tank cars, 
     locomotives, and rail crews to move the necessary quantities 
     of domestically-produced renewable fuel in a timely fashion;
       (C)(i) the projected costs of moving the domestically-
     produced renewable fuel using railroad transportation; and
       (ii) the impact of the projected costs on the marketability 
     of the domestically-produced renewable fuel;
       (D) whether there is adequate railroad competition to 
     ensure--
       (i) a fair price for the railroad transportation of 
     domestically-produced renewable fuel; and
       (ii) acceptable levels of service for railroad 
     transportation of domestically-produced renewable fuel;
       (E) any rail infrastructure capital costs that the 
     railroads indicate should be paid by the producers or 
     distributors of domestically-produced renewable fuel;
       (F) whether Federal agencies have adequate legal authority 
     to ensure a fair and reasonable transportation price and 
     acceptable levels of service in cases in which the

[[Page 13008]]

     domestically-produced renewable fuel source does not have 
     access to competitive rail service;
       (G) whether Federal agencies have adequate legal authority 
     to address railroad service problems that may be resulting in 
     inadequate supplies of domestically-produced renewable fuel 
     in any area of the United States; and
       (H) any recommendations for any additional legal 
     authorities for Federal agencies to ensure the reliable 
     railroad transportation of adequate supplies of domestically-
     produced renewable fuel at reasonable prices.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives a report that describes the results of the 
     study conducted under subsection (a).

     SEC. 150. STUDY OF EFFECTS OF ETHANOL-BLENDED GASOLINE ON OFF 
                   ROAD VEHICLES.

       (a) Study.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of Transportation and the Administrator of the 
     Environmental Protection Agency, shall conduct a study to 
     determine the effects of ethanol-blended gasoline on off-road 
     vehicles and recreational boats.
       (2) Evaluation.--The study shall include an evaluation of 
     the operational, safety, durability, and environmental 
     impacts of ethanol-blended gasoline on off-road and marine 
     engines, recreational boats, and related equipment.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the results of the study.

                 TITLE II--ENERGY EFFICIENCY PROMOTION

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Energy Efficiency 
     Promotion Act of 2007''.

     SEC. 202. DEFINITION OF SECRETARY.

       In this title, the term ``Secretary'' means the Secretary 
     of Energy.

          Subtitle A--Promoting Advanced Lighting Technologies

     SEC. 211. ACCELERATED PROCUREMENT OF ENERGY EFFICIENT 
                   LIGHTING.

       Section 553 of the National Energy Conservation Policy Act 
     (42 U.S.C. 8259b) is amended by adding the following:
       ``(f) Accelerated Procurement of Energy Efficient 
     Lighting.--
       ``(1) In general.--Not later than October 1, 2013, in 
     accordance with guidelines issued by the Secretary, all 
     general purpose lighting in Federal buildings shall be Energy 
     Star products or products designated under the Federal Energy 
     Management Program.
       ``(2) Guidelines.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Secretary shall issue 
     guidelines to carry out this subsection.
       ``(B) Replacement costs.--The guidelines shall take into 
     consideration the costs of replacing all general service 
     lighting and the reduced cost of operation and maintenance 
     expected to result from such replacement.''.

     SEC. 212. INCANDESCENT REFLECTOR LAMP EFFICIENCY STANDARDS.

       (a) Definitions.--Section 321 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291) is amended--
       (1) in paragraph (30)(C)(ii)--
       (A) in the matter preceding subclause (I)--
       (i) by striking ``or similar bulb shapes (excluding ER or 
     BR)'' and inserting ``ER, BR, BPAR, or similar bulb shapes''; 
     and
       (ii) by striking ``2.75'' and inserting ``2.25''; and
       (B) by striking ``is either--'' and all that follows 
     through subclause (II) and inserting ``has a rated wattage 
     that is 40 watts or higher''; and
       (2) by adding at the end the following:
       ``(52) BPAR incandescent reflector lamp.--The term `BPAR 
     incandescent reflector lamp' means a reflector lamp as shown 
     in figure C78.21-278 on page 32 of ANSI C78.21-2003.
       ``(53) BR incandescent reflector lamp; br30; br40.--
       ``(A) BR incandescent reflector lamp.--The term `BR 
     incandescent reflector lamp' means a reflector lamp that 
     has--
       ``(i) a bulged section below the major diameter of the bulb 
     and above the approximate baseline of the bulb, as shown in 
     figure 1 (RB) on page 7 of ANSI C79.1-1994, incorporated by 
     reference in section 430.22 of title 10, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     paragraph); and
       ``(ii) a finished size and shape shown in ANSI C78.21-1989, 
     including the referenced reflective characteristics in part 7 
     of ANSI C78.21-1989, incorporated by reference in section 
     430.22 of title 10, Code of Federal Regulations (as in effect 
     on the date of enactment of this paragraph).
       ``(B) BR30.--The term `BR30' means a BR incandescent 
     reflector lamp with a diameter of 30/8ths of an inch.
       ``(C) BR40.--The term `BR40' means a BR incandescent 
     reflector lamp with a diameter of 40/8ths of an inch.
       ``(54) ER incandescent reflector lamp; er30; er40.--
       ``(A) ER incandescent reflector lamp.--The term `ER 
     incandescent reflector lamp' means a reflector lamp that 
     has--
       ``(i) an elliptical section below the major diameter of the 
     bulb and above the approximate baseline of the bulb, as shown 
     in figure 1 (RE) on page 7 of ANSI C79.1-1994, incorporated 
     by reference in section 430.22 of title 10, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     paragraph); and
       ``(ii) a finished size and shape shown in ANSI C78.21-1989, 
     incorporated by reference in section 430.22 of title 10, Code 
     of Federal Regulations (as in effect on the date of enactment 
     of this paragraph).
       ``(B) ER30.--The term `ER30' means an ER incandescent 
     reflector lamp with a diameter of 30/8ths of an inch.
       ``(C) ER40.--The term `ER40' means an ER incandescent 
     reflector lamp with a diameter of 40/8ths of an inch.
       ``(55) R20 incandescent reflector lamp.--The term `R20 
     incandescent reflector lamp' means a reflector lamp that has 
     a face diameter of approximately 2.5 inches, as shown in 
     figure 1(R) on page 7 of ANSI C79.1-1994.''.
       (b) Standards for Fluorescent Lamps and Incandescent 
     Reflector Lamps.--Section 325(i) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6925(i)) is amended by striking 
     paragraph (1) and inserting the following:
       ``(1) Standards.--
       ``(A) Definition of effective date.--In this paragraph 
     (other than subparagraph (D)), the term `effective date' 
     means, with respect to each type of lamp specified in a table 
     contained in subparagraph (B), the last day of the period of 
     months corresponding to that type of lamp (as specified in 
     the table) that follows October 24, 1992.
       ``(B) Minimum standards.--Each of the following general 
     service fluorescent lamps and incandescent reflector lamps 
     manufactured after the effective date specified in the tables 
     contained in this paragraph shall meet or exceed the 
     following lamp efficacy and CRI standards:


                                               ``FLUORESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
                                                                            Minimum Average
            Lamp Type                Nominal Lamp         Minimum CRI        Lamp Efficacy      Effective Date
                                        Wattage                                  (LPW)        (Period of Months)
----------------------------------------------------------------------------------------------------------------
4-foot medium bi-pin............              >35 W                  69                75.0                  36
                                               35 W                  45                75.9                  36
2-foot U-shaped.................              >35 W                  69                68.0                  36
                                               35 W                  45                64.0                  36
8-foot slimline.................               65 W                  69                80.0                  18
                                               65 W                  45                80.0                  18
8-foot high output..............             >100 W                  69                80.0                  18
                                              100 W                  45                80.0                  18
----------------------------------------------------------------------------------------------------------------



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


[[Page 13009]]

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

     SEC. 213. BRIGHT TOMORROW LIGHTING PRIZES.

       (a) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, as part of the program carried out 
     under section 1008 of the Energy Policy Act of 2005 (42 
     U.S.C. 16396), the Secretary shall establish and award Bright 
     Tomorrow Lighting Prizes for solid state lighting in 
     accordance with this section.
       (b) Prize Specifications.--
       (1) 60-watt incandescent replacement lamp prize.--The 
     Secretary shall award a 60-Watt Incandescent Replacement Lamp 
     Prize to an entrant that produces a solid-state light package 
     simultaneously capable of--
       (A) producing a luminous flux greater than 900 lumens;
       (B) consuming less than or equal to 10 watts;
       (C) having an efficiency greater than 90 lumens per watt;
       (D) having a color rendering index greater than 90;
       (E) having a correlated color temperature of not less than 
     2,750, and not more than 3,000, degrees Kelvin;
       (F) having 70 percent of the lumen value under subparagraph 
     (A) exceeding 25,000 hours under typical conditions expected 
     in residential use;
       (G) having a light distribution pattern similar to a soft 
     60-watt incandescent A19 bulb;
       (H) having a size and shape that fits within the maximum 
     dimensions of an A19 bulb in accordance with American 
     National Standards Institute standard C78.20-2003, figure 
     C78.20-211;
       (I) using a single contact medium screw socket; and
       (J) mass production for a competitive sales commercial 
     market satisfied by the submission of 10,000 such units equal 
     to or exceeding the criteria described in subparagraphs (A) 
     through (I).
       (2) PAR type 38 halogen replacement lamp prize.--The 
     Secretary shall award a Parabolic Aluminized Reflector Type 
     38 Halogen Replacement Lamp Prize (referred to in this 
     section as the ``PAR Type 38 Halogen Replacement Lamp 
     Prize'') to an entrant that produces a solid-state-light 
     package simultaneously capable of--
       (A) producing a luminous flux greater than or equal to 
     1,350 lumens;
       (B) consuming less than or equal to 11 watts;
       (C) having an efficiency greater than 123 lumens per watt;
       (D) having a color rendering index greater than or equal to 
     90;
       (E) having a correlated color coordinate temperature of not 
     less than 2,750, and not more than 3,000, degrees Kelvin;
       (F) having 70 percent of the lumen value under subparagraph 
     (A) exceeding 25,000 hours under typical conditions expected 
     in residential use;
       (G) having a light distribution pattern similar to a PAR 38 
     halogen lamp;
       (H) having a size and shape that fits within the maximum 
     dimensions of a PAR 38 halogen lamp in accordance with 
     American National Standards Institute standard C78-21-2003, 
     figure C78.21-238;
       (I) using a single contact medium screw socket; and
       (J) mass production for a competitive sales commercial 
     market satisfied by the submission of 10,000 such units equal 
     to or exceeding the criteria described in subparagraphs (A) 
     through (I).
       (3) Twenty-first century lamp prize.--The Secretary shall 
     award a Twenty-First Century Lamp Prize to an entrant that 
     produces a solid-state-light-light capable of--
       (A) producing a light output greater than 1,200 lumens;
       (B) having an efficiency greater than 150 lumens per watt;
       (C) having a color rendering index greater than 90;
       (D) having a color coordinate temperature between 2,800 and 
     3,000 degrees Kelvin; and
       (E) having a lifetime exceeding 25,000 hours.
       (c) Private Funds.--The Secretary may accept and use 
     funding from private sources as part of the prizes awarded 
     under this section.
       (d) Technical Review.--The Secretary shall establish a 
     technical review committee composed of non-Federal officers 
     to review entrant data submitted under this section to 
     determine whether the data meets the prize specifications 
     described in subsection (b).
       (e) Third Party Administration.--The Secretary may 
     competitively select a third party to administer awards under 
     this section.
       (f) Award Amounts.--Subject to the availability of funds to 
     carry out this section, the amount of--
       (1) the 60-Watt Incandescent Replacement Lamp Prize 
     described in subsection (b)(1) shall be $10,000,000;
       (2) the PAR Type 38 Halogen Replacement Lamp Prize 
     described in subsection (b)(2) shall be $5,000,000; and
       (3) the Twenty-First Century Lamp Prize described in 
     subsection (b)(3) shall be $5,000,000.
       (g) Federal Procurement of Solid-State-Lights.--
       (1) 60-watt incandescent replacement.--Subject to paragraph 
     (3), as soon as practicable after the successful award of the 
     60-Watt Incandescent Replacement Lamp Prize under subsection 
     (b)(1), the Secretary (in consultation with the Administrator 
     of General Services) shall develop governmentwide Federal 
     purchase guidelines with a goal of replacing the use of 60-
     watt incandescent lamps in Federal Government buildings with 
     a solid-state-light package described in subsection (b)(1) by 
     not later than the date that is 5 years after the date the 
     award is made.
       (2) PAR 38 halogen replacement lamp replacement.--Subject 
     to paragraph (3), as soon as practicable after the successful 
     award of the PAR Type 38 Halogen Replacement Lamp Prize under 
     subsection (b)(2), the Secretary (in consultation with the 
     Administrator of General Services) shall develop 
     governmentwide Federal purchase guidelines with the goal of 
     replacing the use of PAR 38 halogen lamps in Federal 
     Government buildings with a solid-state-light package 
     described in subsection (b)(2) by not later than the date 
     that is 5 years after the date the award is made.
       (3) Waivers.--
       (A) In general.--The Secretary or the Administrator of 
     General Services may waive the application of paragraph (1) 
     or (2) if the Secretary or Administrator determines that the 
     return on investment from the purchase of a solid-state-light 
     package described in paragraph (1) or (2) of subsection (b), 
     respectively, is cost prohibitive.
       (B) Report of waiver.--If the Secretary or Administrator 
     waives the application of paragraph (1) or (2), the Secretary 
     or Administrator, respectively, shall submit to Congress an 
     annual report that describes the waiver and provides a 
     detailed justification for the waiver.
       (h) Bright Light Tomorrow Award Fund.--
       (1) Establishment.--There is established in the United 
     States Treasury a Bright Light Tomorrow permanent fund 
     without fiscal year limitation to award prizes under 
     paragraphs (1), (2), and (3) of subsection (b).
       (2) Sources of funding.--The fund established under 
     paragraph (1) shall accept--
       (A) fiscal year appropriations; and
       (B) private contributions authorized under subsection (c).
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 214. SENSE OF SENATE CONCERNING EFFICIENT LIGHTING 
                   STANDARDS.

       (a) Findings.--The Senate finds that--
       (1) there are approximately 4,000,000,000 screw-based 
     sockets in the United States that contain traditional, 
     energy-inefficient, incandescent light bulbs;
       (2) incandescent light bulbs are based on technology that 
     is more than 125 years old;
       (3) there are radically more efficient lighting 
     alternatives in the market, with the promise of even more 
     choices over the next several years;
       (4) national policy can support a rapid substitution of 
     new, energy-efficient light bulbs for the less efficient 
     products in widespread use; and,
       (5) transforming the United States market to use of more 
     efficient lighting technologies can--
       (A) reduce electric costs in the United States by more than 
     $18,000,000,000 annually;
       (B) save the equivalent electricity that is produced by 80 
     base load coal-fired power plants; and
       (C) reduce fossil fuel related emissions by approximately 
     158,000,000 tons each year.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Senate should--
       (1) pass a set of mandatory, technology-neutral standards 
     to establish firm energy efficiency performance targets for 
     lighting products;
       (2) ensure that the standards become effective within the 
     next 10 years; and
       (3) in developing the standards--
       (A) establish the efficiency requirements to ensure that 
     replacement lamps will provide consumers with the same 
     quantity of light while using significantly less energy;
       (B) ensure that consumers will continue to have multiple 
     product choices, including energy-saving halogen, 
     incandescent, compact fluorescent, and LED light bulbs; and

[[Page 13010]]

       (C) work with industry and key stakeholders on measures 
     that can assist consumers and businesses in making the 
     important transition to more efficient lighting.

     SEC. 215. RENEWABLE ENERGY CONSTRUCTION GRANTS.

       (a) Definitions.--In this section:
       (1) Alaska small hydroelectric power.--The term ``Alaska 
     small hydroelectric power'' means power that--
       (A) is generated--
       (i) in the State of Alaska;
       (ii) without the use of a dam or impoundment of water; and
       (iii) through the use of--

       (I) a lake tap (but not a perched alpine lake); or
       (II) a run-of-river screened at the point of diversion; and

       (B) has a nameplate capacity rating of a wattage that is 
     not more than 15 megawatts.
       (2) Eligible applicant.--The term ``eligible applicant'' 
     means any--
       (A) governmental entity;
       (B) private utility;
       (C) public utility;
       (D) municipal utility;
       (E) cooperative utility;
       (F) Indian tribes; and
       (G) Regional Corporation (as defined in section 3 of the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1602)).
       (3) Ocean energy.--
       (A) Inclusions.--The term ``ocean energy'' includes 
     current, wave, and tidal energy.
       (B) Exclusion.--The term ``ocean energy'' excludes thermal 
     energy.
       (4) Renewable energy project.--The term ``renewable energy 
     project'' means a project--
       (A) for the commercial generation of electricity; and
       (B) that generates electricity from--
       (i) solar, wind, or geothermal energy or ocean energy;
       (ii) biomass (as defined in section 203(b) of the Energy 
     Policy Act of 2005 (42 U.S.C. 15852(b)));
       (iii) landfill gas; or
       (iv) Alaska small hydroelectric power.
       (b) Renewable Energy Construction Grants.--
       (1) In general.--The Secretary shall use amounts 
     appropriated under this section to make grants for use in 
     carrying out renewable energy projects.
       (2) Criteria.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall set forth criteria 
     for use in awarding grants under this section.
       (3) Application.--To receive a grant from the Secretary 
     under paragraph (1), an eligible applicant shall submit to 
     the Secretary an application at such time, in such manner, 
     and containing such information as the Secretary may require, 
     including a written assurance that--
       (A) all laborers and mechanics employed by contractors or 
     subcontractors during construction, alteration, or repair 
     that is financed, in whole or in part, by a grant under this 
     section shall be paid wages at rates not less than those 
     prevailing on similar construction in the locality, as 
     determined by the Secretary of Labor in accordance with 
     sections 3141-3144, 3146, and 3147 of title 40, United States 
     Code; and
       (B) the Secretary of Labor shall, with respect to the labor 
     standards described in this paragraph, have the authority and 
     functions set forth in Reorganization Plan Numbered 14 of 
     1950 (5 U.S.C. App.) and section 3145 of title 40, United 
     States Code.
       (4) Non-federal share.--Each eligible applicant that 
     receives a grant under this subsection shall contribute to 
     the total cost of the renewable energy project constructed by 
     the eligible applicant an amount not less than 50 percent of 
     the total cost of the project.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Fund such sums as are necessary to 
     carry out this section.

         Subtitle B--Expediting New Energy Efficiency Standards

     SEC. 221. DEFINITION OF ENERGY CONSERVATION STANDARD.

       Section 321 of the Energy Policy and Conservation Act (42 
     U.S.C. 6291) is amended by striking paragraph (6) and 
     inserting the following:
       ``(6) Energy conservation standard.--
       ``(A) In general.--The term `energy conservation standard' 
     means 1 or more performance standards that prescribe a 
     minimum level of energy efficiency or a maximum quantity of 
     energy use and, in the case of a showerhead, faucet, water 
     closet, urinal, clothes washer, and dishwasher, water use, 
     for a covered product, determined in accordance with test 
     procedures prescribed under section 323.
       ``(B) Inclusions.--The term `energy conservation standard' 
     includes--
       ``(i) 1 or more design requirements, as part of a consensus 
     agreement under section 325(hh); and
       ``(ii) any other requirements that the Secretary may 
     prescribe under subsections (o) and (r) of section 325.
       ``(C) Exclusion.--The term `energy conservation standard' 
     does not include a performance standard for a component of a 
     finished covered product.''.

     SEC. 222. REGIONAL EFFICIENCY STANDARDS FOR HEATING AND 
                   COOLING PRODUCTS.

       (a) In General.--Section 327 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6297) is amended--
       (1) by redesignating subsections (e), (f), and (g) as 
     subsections (f), (g), and (h), respectively; and
       (2) by inserting after subsection (d) the following:
       ``(e) Regional Efficiency Standards for Heating and Cooling 
     Products.--
       ``(1) In general.--
       ``(A) Determination.--The Secretary may determine, after 
     notice and comment, that more stringent Federal energy 
     conservation standards are appropriate for furnaces, boilers, 
     or central air conditioning equipment than applicable Federal 
     energy conservation standards.
       ``(B) Finding.--The Secretary may determine that more 
     stringent standards are appropriate for up to 2 different 
     regions only after finding that the regional standards--
       ``(i) would contribute to energy savings that are 
     substantially greater than that of a single national energy 
     standard; and
       ``(ii) are economically justified.
       ``(C) Regions.--On making a determination described in 
     subparagraph (B), the Secretary shall establish the regions 
     so that the more stringent standards would achieve the 
     maximum level of energy savings that is technologically 
     feasible and economically justified.
       ``(D) Factors.--In determining the appropriateness of 1 or 
     more regional standards for furnaces, boilers, and central 
     and commercial air conditioning equipment, the Secretary 
     shall consider all of the factors described in paragraphs (1) 
     through (4) of section 325(o).
       ``(2) State petition.--After a determination made by the 
     Secretary under paragraph (1), a State may petition the 
     Secretary requesting a rule that a State regulation that 
     establishes a standard for furnaces, boilers, or central air 
     conditioners become effective at a level determined by the 
     Secretary to be appropriate for the region that includes the 
     State.
       ``(3) Rule.--Subject to paragraphs (4) through (7), the 
     Secretary may issue the rule during the period described in 
     paragraph (4) and after consideration of the petition and the 
     comments of interested persons.
       ``(4) Procedure.--
       ``(A) Notice.--The Secretary shall provide notice of any 
     petition filed under paragraph (2) and afford interested 
     persons a reasonable opportunity to make written comments, 
     including rebuttal comments, on the petition.
       ``(B) Decision.--Except as provided in subparagraph (C), 
     during the 180-day period beginning on the date on which the 
     petition is filed, the Secretary shall issue the requested 
     rule or deny the petition.
       ``(C) Extension.--The Secretary may publish in the Federal 
     Register a notice--
       ``(i) extending the period to a specified date, but not 
     longer than 1 year after the date on which the petition is 
     filed; and
       ``(ii) describing the reasons for the delay.
       ``(D) Denials.--If the Secretary denies a petition under 
     this subsection, the Secretary shall publish in the Federal 
     Register notice of, and the reasons for, the denial.
       ``(5) Finding of significant burden on manufacturing, 
     marketing, distribution, sale, or servicing of covered 
     product on national basis.--
       ``(A) In general.--The Secretary may not issue a rule under 
     this subsection if the Secretary finds (and publishes the 
     finding) that interested persons have established, by a 
     preponderance of the evidence, that the State regulation will 
     significantly burden manufacturing, marketing, distribution, 
     sale, or servicing of a covered product on a national basis.
       ``(B) Factors.--In determining whether to make a finding 
     described in subparagraph (A), the Secretary shall evaluate 
     all relevant factors, including--
       ``(i) the extent to which the State regulation will 
     increase manufacturing or distribution costs of 
     manufacturers, distributors, and others;
       ``(ii) the extent to which the State regulation will 
     disadvantage smaller manufacturers, distributors, or dealers 
     or lessen competition in the sale of the covered product in 
     the State; and
       ``(iii) the extent to which the State regulation would 
     cause a burden to manufacturers to redesign and produce the 
     covered product type (or class), taking into consideration 
     the extent to which the regulation would result in a 
     reduction--

       ``(I) in the current models, or in the projected 
     availability of models, that could be shipped on the 
     effective date of the regulation to the State and within the 
     United States; or
       ``(II) in the current or projected sales volume of the 
     covered product type (or class) in the State and the United 
     States.

       ``(6) Application.--No State regulation shall become 
     effective under this subsection with respect to any covered 
     product manufactured before the date specified in the 
     determination made by the Secretary under paragraph (1).
       ``(7) Petition to withdraw federal rule following amendment 
     of federal standard.--
       ``(A) In general.--If a State has issued a rule under 
     paragraph (3) with respect to a

[[Page 13011]]

     covered product and subsequently a Federal energy 
     conservation standard concerning the product is amended 
     pursuant to section 325, any person subject to the State 
     regulation may file a petition with the Secretary requesting 
     the Secretary to withdraw the rule issued under paragraph (3) 
     with respect to the product in the State.
       ``(B) Burden of proof.--The Secretary shall consider the 
     petition in accordance with paragraph (5) and the burden 
     shall be on the petitioner to show by a preponderance of the 
     evidence that the rule received by the State under paragraph 
     (3) should be withdrawn as a result of the amendment to the 
     Federal standard.
       ``(C) Withdrawal.--If the Secretary determines that the 
     petitioner has shown that the rule issued by the Secretary 
     under paragraph (3) should be withdrawn in accordance with 
     subparagraph (B), the Secretary shall withdraw the rule.''.
       (b) Conforming Amendments.--
       (1) Section 327 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6297) is amended--
       (A) in subsection (b)--
       (i) in paragraph (2), by striking ``subsection (e)'' and 
     inserting ``subsection (f)''; and
       (ii) in paragraph (3)--

       (I) by striking ``subsection (f)(1)'' and inserting 
     ``subsection (g)(1)''; and
       (II) by striking ``subsection (f)(2)'' and inserting 
     ``subsection (g)(2)''; and

       (B) in subsection (c)(3), by striking ``subsection (f)(3)'' 
     and inserting ``subsection (g)(3)''.
       (2) Section 345(b)(2) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6316(b)(2)) is amended by adding at the end 
     the following:
       ``(E) Relationship to certain state regulations.--
     Notwithstanding subparagraph (A), a standard prescribed or 
     established under section 342(a) with respect to the 
     equipment specified in subparagraphs (B), (C), (D), (H), (I), 
     and (J) of section 340 shall not supersede a State regulation 
     that is effective under the terms, conditions, criteria, 
     procedures, and other requirements of section 327(e).''.

     SEC. 223. FURNACE FAN RULEMAKING.

       Section 325(f)(3) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(f)(3)) is amended by adding at the end the 
     following:
       ``(E) Final rule.--
       ``(i) In general.--The Secretary shall publish a final rule 
     to carry out this subsection not later than December 31, 
     2014.
       ``(ii) Criteria.--The standards shall meet the criteria 
     established under subsection (o).''.

     SEC. 224. EXPEDITED RULEMAKINGS.

       Section 325 of the Energy Policy and Conservation Act (42 
     U.S.C. 6295) is amended by adding at the end the following:
       ``(hh) Expedited Rulemaking for Consensus Standards.--
       ``(1) In general.--The Secretary shall conduct an expedited 
     rulemaking based on an energy conservation standard or test 
     procedure recommended by interested persons, if--
       ``(A) the interested persons (demonstrating significant and 
     broad support from manufacturers of a covered product, 
     States, utilities, and environmental, energy efficiency, and 
     consumer advocates) submit a joint comment or petition 
     recommending a consensus energy conservation standard or test 
     procedure; and
       ``(B) the Secretary determines that the joint comment or 
     petition includes evidence that (assuming no other evidence 
     were considered) provides an adequate basis for determining 
     that the proposed consensus energy conservation standard or 
     test procedure proposed in the joint comment or petition 
     complies with the provisions and criteria of this Act 
     (including subsection (o)) that apply to the type or class of 
     covered products covered by the joint comment or petition.
       ``(2) Procedure.--
       ``(A) In general.--Notwithstanding subsection (p) or 
     section 336(a), if the Secretary receives a joint comment or 
     petition that meets the criteria described in paragraph (1), 
     the Secretary shall conduct an expedited rulemaking with 
     respect to the standard or test procedure proposed in the 
     joint comment or petition in accordance with this paragraph.
       ``(B) Advanced notice of proposed rulemaking.--If no 
     advanced notice of proposed rulemaking has been issued under 
     subsection (p)(1) with respect to the rulemaking covered by 
     the joint comment or petition, the requirements of subsection 
     (p) with respect to the issuance of an advanced notice of 
     proposed rulemaking shall not apply.
       ``(C) Publication of determination.--Not later than 60 days 
     after receipt of a joint comment or petition described in 
     paragraph (1)(A), the Secretary shall publish a description 
     of a determination as to whether the proposed standard or 
     test procedure covered by the joint comment or petition meets 
     the criteria described in paragraph (1).
       ``(D) Proposed rule.--
       ``(i) Publication.--If the Secretary determines that the 
     proposed consensus standard or test procedure covered by the 
     joint comment or petition meets the criteria described in 
     paragraph (1), not later than 30 days after the 
     determination, the Secretary shall publish a proposed rule 
     proposing the consensus standard or test procedure covered by 
     the joint comment or petition.
       ``(ii) Public comment period.--Notwithstanding paragraphs 
     (2) and (3) of subsection (p), the public comment period for 
     the proposed rule shall be the 30-day period beginning on the 
     date of the publication of the proposed rule in the Federal 
     Register.
       ``(iii) Public hearing.--Notwithstanding section 336(a), 
     the Secretary may waive the holding of a public hearing with 
     respect to the proposed rule.
       ``(E) Final rule.--Notwithstanding subsection (p)(4), the 
     Secretary--
       ``(i) may publish a final rule at any time after the 60-day 
     period beginning on the date of publication of the proposed 
     rule in the Federal Register; and
       ``(ii) shall publish a final rule not later than 120 days 
     after the date of publication of the proposed rule in the 
     Federal Register.''.

     SEC. 225. PERIODIC REVIEWS.

       (a) Test Procedures.--Section 323(b)(1) of the Energy 
     Policy and Conservation Act (42 U.S.C. 6293(b)(1)) is amended 
     by striking ``(1)'' and all that follows through the end of 
     the paragraph and inserting the following:
       ``(1) Test procedures.--
       ``(A) Amendment.--At least once every 7 years, the 
     Secretary shall review test procedures for all covered 
     products and--
       ``(i) amend test procedures with respect to any covered 
     product, if the Secretary determines that amended test 
     procedures would more accurately or fully comply with the 
     requirements of paragraph (3); or
       ``(ii) publish notice in the Federal Register of any 
     determination not to amend a test procedure.''.
       (b) Energy Conservation Standards.--Section 325 of the 
     Energy Policy and Conservation Act (42 U.S.C. 6295) is 
     amended by striking subsection (m) and inserting the 
     following:
       ``(m) Further Rulemaking.--
       ``(1) In general.--After issuance of the last final rules 
     required for a product under this part, the Secretary shall, 
     not later than 5 years after the date of issuance of a final 
     rule establishing or amending a standard or determining not 
     to amend a standard, publish a final rule to determine 
     whether standards for the product should be amended based on 
     the criteria described in subsection (n)(2).
       ``(2) Analysis.--Prior to publication of the determination, 
     the Secretary shall publish a notice of availability 
     describing the analysis of the Department and provide 
     opportunity for written comment.
       ``(3) Final rule.--Not later than 3 years after a positive 
     determination under paragraph (1), the Secretary shall 
     publish a final rule amending the standard for the product.
       ``(4) Application of amendment.--An amendment prescribed 
     under this subsection shall apply to a product manufactured 
     after a date that is 5 years after--
       ``(A) the effective date of the previous amendment made 
     pursuant to this part; or
       ``(B) if the previous final rule published under this part 
     did not amend the standard, the earliest date by which a 
     previous amendment could have been in effect, except that in 
     no case may an amended standard apply to products 
     manufactured within 3 years after publication of the final 
     rule establishing a standard.''.
       (c) Standards.--Section 342(a) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6313(a)) is amended by striking 
     paragraph (6) and inserting the following:
       ``(6) Amended energy efficiency standards.--
       ``(A) Analysis of potential energy savings.--If ASHRAE/IES 
     Standard 90.1 is amended with respect to any small commercial 
     package air conditioning and heating equipment, large 
     commercial package air conditioning and heating equipment, 
     packaged terminal central and commercial air conditioners, 
     packaged terminal heat pumps, warm-air furnaces, packaged 
     boilers, storage water heaters, instantaneous water heaters, 
     or unfired hot water storage tanks, not later than 180 days 
     after the amendment of the standard, the Secretary shall 
     publish in the Federal Register for public comment an 
     analysis of the energy savings potential of amended energy 
     efficiency standards.
       ``(B) Amended uniform national standard for products.--
       ``(i) In general.--Except as provided in clause (ii), not 
     later than 18 months after the date of publication of the 
     amendment to the ASHRAE/IES Standard 90.1 for a product 
     described in subparagraph (A), the Secretary shall establish 
     an amended uniform national standard for the product at the 
     minimum level for the applicable effective date specified in 
     the amended ASHRAE/IES Standard 90.1.
       ``(ii) More stringent standard.--Clause (i) shall not apply 
     if the Secretary determines, by rule published in the Federal 
     Register, and supported by clear and convincing evidence, 
     that adoption of a uniform national standard more stringent 
     than the amended ASHRAE/IES Standard 90.1 for the product 
     would result in significant additional conservation of energy 
     and is technologically feasible and economically justified.
       ``(C) Rule.--If the Secretary makes a determination 
     described in subparagraph (B)(ii) for a product described in 
     subparagraph (A), not later than 30 months after the date of 
     publication of the amendment to the ASHRAE/IES Standard 90.1 
     for the product,

[[Page 13012]]

     the Secretary shall issue the rule establishing the amended 
     standard.
       ``(D) Amendment of standards.--
       ``(i) In general.--After issuance of the most recent final 
     rule for a product under this subsection, not later than 5 
     years after the date of issuance of a final rule establishing 
     or amending a standard or determining not to amend a 
     standard, the Secretary shall publish a final rule to 
     determine whether standards for the product should be amended 
     based on the criteria described in subparagraph (A).
       ``(ii) Analysis.--Prior to publication of the 
     determination, the Secretary shall publish a notice of 
     availability describing the analysis of the Department and 
     provide opportunity for written comment.
       ``(iii) Final rule.--Not later than 3 years after a 
     positive determination under clause (i), the Secretary shall 
     publish a final rule amending the standard for the 
     product.''.
       (d) Test Procedures.--Section 343(a) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6313(a)) is amended by 
     striking ``(a)'' and all that follows through the end of 
     paragraph (1) and inserting the following:
       ``(a) Prescription by Secretary; Requirements.--
       ``(1) Test procedures.--
       ``(A) Amendment.--At least once every 7 years, the 
     Secretary shall conduct an evaluation of each class of 
     covered equipment and--
       ``(i) if the Secretary determines that amended test 
     procedures would more accurately or fully comply with the 
     requirements of paragraphs (2) and (3), shall prescribe test 
     procedures for the class in accordance with this section; or
       ``(ii) shall publish notice in the Federal Register of any 
     determination not to amend a test procedure.''.
       (e) Effective Date.--The amendments made by subsections (b) 
     and (c) take effect on January 1, 2012.

     SEC. 226. ENERGY EFFICIENCY LABELING FOR CONSUMER PRODUCTS.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act or not later than 18 months after test 
     procedures have been developed for a consumer electronics 
     product category described in subsection (b), whichever is 
     later, the Federal Trade Commission, in consultation with the 
     Secretary and the Administrator of the Environmental 
     Protection Agency shall promulgate regulations, in accordance 
     with the Energy Star program and in a manner that minimizes, 
     to the maximum extent practicable, duplication with respect 
     to the requirements of that program and other national and 
     international energy labeling programs, to add the consumer 
     electronics product categories described in subsection (b) to 
     the Energy Guide labeling program of the Commission.
       (b) Consumer Electronics Product Categories.--The consumer 
     electronics product categories referred to in subsection (a) 
     are the following:
       (1) Televisions.
       (2) Personal computers.
       (3) Cable or satellite set-top boxes.
       (4) Stand-alone digital video recorder boxes.
       (5) Computer monitors.
       (c) Label Placement.--The regulations shall include 
     specific requirements for each product on the placement of 
     Energy Guide labels.
       (d) Deadline for Labeling.--Not later than 1 year after the 
     date of promulgation of regulations under subsection (a), the 
     Commission shall require labeling electronic products 
     described in subsection (b) in accordance with this section 
     (including the regulations).
       (e) Authority To Include Additional Product Categories.--
     The Commission may add additional product categories to the 
     Energy Guide labeling program if the product categories 
     include products, as determined by the Commission--
       (1) that have an annual energy use in excess of 100 
     kilowatt hours per year; and
       (2) for which there is a significant difference in energy 
     use between the most and least efficient products.

     SEC. 227. RESIDENTIAL BOILER EFFICIENCY STANDARDS.

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


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

       ``(B) Pilots.--The manufacturer shall not equip gas hot 
     water or steam boilers with constant-burning pilot lights.
       ``(C) Automatic means for adjusting water temperature.--
       ``(i) In general.--The manufacturer shall equip each gas, 
     oil, and electric hot water boiler (other than a boiler 
     equipped with tankless domestic water heating coils) with an 
     automatic means for adjusting the temperature of the water 
     supplied by the boiler to ensure that an incremental change 
     in inferred heat load produces a corresponding incremental 
     change in the temperature of water supplied.
       ``(ii) Certain boilers.--For a boiler that fires at 1 input 
     rate, the requirements of this subparagraph may be satisfied 
     by providing an automatic means that allows the burner or 
     heating element to fire only when the means has determined 
     that the inferred heat load cannot be met by the residual 
     heat of the water in the system.
       ``(iii) No inferred heat load.--When there is no inferred 
     heat load with respect to a hot water boiler, the automatic 
     means described in clauses (i) and (ii) shall limit the 
     temperature of the water in the boiler to not more than 140 
     degrees Fahrenheit.
       ``(iv) Operation.--A boiler described in clause (i) or (ii) 
     shall be operable only when the automatic means described in 
     clauses (i), (ii), and (iii) is installed.''.

     SEC. 228. TECHNICAL CORRECTIONS.

       (a) Definition of Fluorescent Lamp.--Section 
     321(30)(B)(viii) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6291(30)(B)(viii)) is amended by striking ``82'' 
     and inserting ``87''.
       (b) Standards for Commercial Package Air Conditioning and 
     Heating Equipment.--Section 342(a)(1) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6313(a)(1)) is amended in the 
     matter preceding subparagraph (A) by striking ``but before 
     January 1, 2010,''.
       (c) Mercury Vapor Lamp Ballasts.--
       (1) Definitions.--Section 321 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291) (as amended by section 
     212(a)(2)) is amended--
       (A) in paragraph (46)(A)--
       (i) in clause (i), by striking ``bulb'' and inserting ``the 
     arc tube''; and
       (ii) in clause (ii), by striking ``has a bulb'' and 
     inserting ``wall loading is'';
       (B) in paragraph (47)(A), by striking ``operating at a 
     partial'' and inserting ``typically operating at a partial 
     vapor'';
       (C) in paragraph (48), by inserting ``intended for general 
     illumination'' after ``lamps''; and
       (D) by adding at the end the following:
       ``(56) The term `specialty application mercury vapor lamp 
     ballast' means a mercury vapor lamp ballast that--
       ``(A) is designed and marketed for medical use, optical 
     comparators, quality inspection, industrial processing, or 
     scientific use, including fluorescent microscopy, ultraviolet 
     curing, and the manufacture of microchips, liquid crystal 
     displays, and printed circuit boards; and
       ``(B) in the case of a specialty application mercury vapor 
     lamp ballast, is labeled as a specialty application mercury 
     vapor lamp ballast.''.
       (2) Standard setting authority.--Section 325(ee) of the 
     Energy Policy and Conservation Act (42 U.S.C. 6295(ee)) is 
     amended by inserting ``(other than specialty application 
     mercury vapor lamp ballasts)'' after ``ballasts''.

     SEC. 229. ELECTRIC MOTOR EFFICIENCY STANDARDS.

       (a) Definitions.--Section 340(13) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6311(13)) is amended by striking 
     subparagraph (A) and inserting the following:
       ``(A)(i) The term `electric motor' means--
       ``(I) a general purpose electric motor--subtype I; and
       ``(II) a general purpose electric motor--subtype II.
       ``(ii) The term `general purpose electric motor--subtype I' 
     means any motor that  is considered a general purpose motor 
     under section 431.12 of title 10, Code of Federal Regulations 
     (or successor regulations).
       ``(iii) The term `general purpose electric motor--subtype 
     II' means a motor that, in addition to the design elements 
     for a general purpose electric motor--subtype I, incorporates 
     the design elements (as established in National Electrical 
     Manufacturers Association MG-1 (2006)) for any of the 
     following:
       ``(I) A U-Frame Motor.
       ``(II) A Design C Motor.
       ``(III) A close-coupled pump motor.
       ``(IV) A footless motor.
       ``(V) A vertical solid shaft normal thrust (tested in a 
     horizontal configuration).
       ``(VI) An 8-pole motor.
       ``(VII) A poly-phase motor with voltage of not more than 
     600 volts (other than 230 or 460 volts).''.
       (b) Standards.--Section 342(b) of the Energy Policy and 
     Conservation Act (42 U.S.C.

[[Page 13013]]

     6313(13)) is amended by striking paragraph (1) and inserting 
     the following:
       ``(1) Standards.--
       ``(A) General purpose electric motors--subtype i.--
       ``(i) In general.--Except as otherwise provided in this 
     subparagraph, a general purpose electric motor--subtype I 
     with a power rating of not less than 1, and not more than 
     200, horsepower manufactured (alone or as a component of 
     another piece of equipment) after the 3-year period beginning 
     on the date of enactment of this subparagraph, shall have a 
     nominal full load efficiency established in Table 12-12 of 
     National Electrical Manufacturers Association (referred to in 
     this paragraph as `NEMA') MG-1 (2006).
       ``(ii) Fire pump motors.--A fire pump motor shall have a 
     nominal full load efficiency established in Table 12-11 of 
     NEMA MG-1 (2006).
       ``(B) General purpose electric motors--subtype ii.--A 
     general purpose electric motor--subtype II with a power 
     rating of not less than 1, and not more than 200, horsepower 
     manufactured (alone or as a component of another piece of 
     equipment) after the 3-year period beginning on the date of 
     enactment of this subparagraph, shall have a nominal full 
     load efficiency established in Table 12-11 of NEMA MG-1 
     (2006).
       ``(C) Design b, general purpose electric motors.--A NEMA 
     Design B, general purpose electric motor with a power rating 
     of not less than 201, and not more than 500, horsepower 
     manufactured (alone or as a component of another piece of 
     equipment) after the 3-year period beginning on the date of 
     the enactment of this subparagraph shall have a nominal full 
     load efficiency established in Table 12-11 of NEMA MG-1 
     (2006).''.
       (c) Effective Date.--The amendments made by this section 
     take effect on the date that is 3 years after the date of 
     enactment of this Act.

     SEC. 230. ENERGY STANDARDS FOR HOME APPLIANCES.

       (a) Definition of Energy Conservation Standard.--Section 
     321(6)(A) of the Energy Policy and Conservation Act (42 
     U.S.C. 6291(6)(A)) is amended by striking ``or, in the case 
     of'' and inserting ``and, in the case of residential clothes 
     washers, residential dishwashers,''.
       (b) Refrigerators, Refrigerator-Freezers, and Freezers.--
     Section 325(b) of the Energy Policy and Conservation Act (42 
     U.S.C. 6295(b)) is amended by adding at the end the 
     following:
       ``(4) Refrigerators, refrigerator-freezers, and freezers 
     manufactured on or after january 1, 2014.--Not later than 
     December 31, 2010, the Secretary shall publish a final rule 
     determining whether to amend the standards in effect for 
     refrigerators, refrigerator-freezers, and freezers 
     manufactured on or after January 1, 2014, and including any 
     amended standards.''.
       (c) Residential Clothes Washers and Dishwashers.--Section 
     325(g)(4) of the Energy Policy and Conservation Act (42 
     U.S.C. 6295(g)(4)) is amended by adding at the end the 
     following:
       ``(D) Clothes washers.--
       ``(i) Clothes washers manufactured on or after january 1, 
     2011.--A residential clothes washer manufactured on or after 
     January 1, 2011, shall have--

       ``(I) a modified energy factor of at least 1.26; and
       ``(II) a water factor of not more than 9.5.

       ``(ii) Clothes washers manufactured on or after january 1, 
     2012.--Not later than January 1, 2012, the Secretary shall 
     publish a final rule determining whether to amend the 
     standards in effect for residential clothes washers 
     manufactured on or after January 1, 2012, and including any 
     amended standards.
       ``(E) Dishwashers.--
       ``(i) Dishwashers manufactured on or after january 1, 
     2010.--A dishwasher manufactured on or after January 1, 2010, 
     shall use not more than--

       ``(I) in the case of a standard-size dishwasher, 355 kWh 
     per year or 6.5 gallons of water per cycle; and
       ``(II) in the case of a compact-size dishwasher, 260 kWh 
     per year or 4.5 gallons of water per cycle.

       ``(ii) Dishwashers manufactured on or after january 1, 
     2018.--Not later than January 1, 2015, the Secretary shall 
     publish a final rule determining whether to amend the 
     standards for dishwashers manufactured on or after January 1, 
     2018, and including any amended standards.''.
       (d) Dehumidifiers.--Section 325(cc) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6295(cc)) is amended--
       (1) in paragraph (1), by inserting ``and before October 1, 
     2012,'' after ``2007,''; and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) Dehumidifiers manufactured on or after october 1, 
     2012.--Dehumidifiers manufactured on or after October 1, 
     2012, shall have an Energy Factor that meets or exceeds the 
     following values:''


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

       (e) Energy Star Program.--Section 324A(d)(2) of the Energy 
     Policy and Conservation Act (42 U.S.C. 6294a(d)(2)) is 
     amended by striking ``2010'' and inserting ``2009''.

     SEC. 231. IMPROVED ENERGY EFFICIENCY FOR APPLIANCES AND 
                   BUILDINGS IN COLD CLIMATES.

       (a) Research.--Section 911(a)(2) of the Energy Policy Act 
     of 2005 (42 U.S.C. 16191(a)(2)) is amended--
       (1) in subparagraph (C), by striking ``and'' at the end;
       (2) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(E) technologies to improve the energy efficiency of 
     appliances and mechanical systems for buildings in cold 
     climates, including combined heat and power units and 
     increased use of renewable resources, including fuel.''.
       (b) Rebates.--Section 124 of the Energy Policy Act of 2005 
     (42 U.S.C. 15821) is amended--
       (1) in subsection (b)(1), by inserting ``, or products with 
     improved energy efficiency in cold climates,'' after 
     ``residential Energy Star products''; and
       (2) in subsection (e), by inserting ``or product with 
     improved energy efficiency in a cold climate'' after 
     ``residential Energy Star product'' each place it appears.

     SEC. 232. DEPLOYMENT OF NEW TECHNOLOGIES FOR HIGH-EFFICIENCY 
                   CONSUMER PRODUCTS.

       (a) Definitions.--In this section:
       (1) Energy savings.--The term ``energy savings'' means 
     megawatt-hours of electricity or million British thermal 
     units of natural gas saved by a product, in comparison to 
     projected energy consumption under the energy efficiency 
     standard applicable to the product.
       (2) High-efficiency consumer product.--The term ``high-
     efficiency consumer product'' means a product that exceeds 
     the energy efficiency of comparable products available in the 
     market by a percentage determined by the Secretary to be an 
     appropriate benchmark for the consumer product category 
     competing for an award under this section.
       (b) Financial Incentives Program.--Effective beginning 
     October 1, 2007, the Secretary shall competitively award 
     financial incentives under this section for the manufacture 
     of high-efficiency consumer products.
       (c) Requirements.--
       (1) In general.--The Secretary shall make awards under this 
     section to manufacturers of high-efficiency consumer 
     products, based on the bid of each manufacturer in terms of 
     dollars per megawatt-hour or million British thermal units 
     saved.
       (2) Acceptance of bids.--In making awards under this 
     section, the Secretary shall--
       (A) solicit bids for reverse auction from appropriate 
     manufacturers, as determined by the Secretary; and
       (B) award financial incentives to the manufacturers that 
     submit the lowest bids that meet the requirements established 
     by the Secretary.
       (d) Forms of Awards.--An award for a high-efficiency 
     consumer product under this section shall be in the form of a 
     lump sum payment in an amount equal to the product obtained 
     by multiplying--
       (1) the amount of the bid by the manufacturer of the high-
     efficiency consumer product; and
       (2) the energy savings during the projected useful life of 
     the high-efficiency consumer product, not to exceed 10 years, 
     as determined under regulations issued by the Secretary.

     SEC. 233. INDUSTRIAL EFFICIENCY PROGRAM.

       (a) Definitions.--In this section:
       (1) Eligible entity.--The term eligible entity means--
       (A) an institution of higher education under contract or in 
     partnership with a nonprofit or for-profit private entity 
     acting on behalf of an industrial or commercial sector or 
     subsector;
       (B) a nonprofit or for-profit private entity acting on 
     behalf on an industrial or commercial sector or subsector; or
       (C) a consortia of entities acting on behalf of an 
     industrial or commercial sector or subsector.
       (2) Energy-intensive commercial applications.--The term 
     ``energy-intensive commercial applications'' means processes 
     and facilities that use significant quantities of energy as 
     part of the primary economic activities of the processes and 
     facilities, including--
       (A) information technology data centers;
       (B) product manufacturing; and
       (C) food processing.
       (3) Feedstock.--The term ``feedstock'' means the raw 
     material supplied for use in manufacturing, chemical, and 
     biological processes.
       (4) Materials manufacturers.--The term ``materials 
     manufacturers'' means the energy-intensive primary 
     manufacturing industries, including the aluminum, chemicals, 
     forest and paper products, glass, metal casting, and steel 
     industries.

[[Page 13014]]

       (5) Partnership.--The term ``partnership'' means an energy 
     efficiency and utilization partnership established under 
     subsection (c)(1)(A).
       (6) Program.--The term ``program'' means the industrial 
     efficiency program established under subsection (b).
       (b) Establishment of Program.--The Secretary shall 
     establish a program under which the Secretary, in cooperation 
     with materials manufacturers, companies engaged in energy-
     intensive commercial applications, and national industry 
     trade associations representing the manufactures and 
     companies, shall support, develop, and promote the use of new 
     materials manufacturing and industrial and commercial 
     processes, technologies, and techniques to optimize energy 
     efficiency and the economic competitiveness of the United 
     States.
       (c) Partnerships.--
       (1) In general.--As part of the program, the Secretary 
     shall--
       (A) establish energy efficiency and utilization 
     partnerships between the Secretary and eligible entities to 
     conduct research on, develop, and demonstrate new processes, 
     technologies, and operating practices and techniques to 
     significantly improve energy efficiency and utilization by 
     materials manufacturers and in energy-intensive commercial 
     applications, including the conduct of activities to--
       (i) increase the energy efficiency of industrial and 
     commercial processes and facilities in energy-intensive 
     commercial application sectors;
       (ii) research, develop, and demonstrate advanced 
     technologies capable of energy intensity reductions and 
     increased environmental performance in energy-intensive 
     commercial application sectors; and
       (iii) promote the use of the processes, technologies, and 
     techniques described in clauses (i) and (ii); and
       (B) pay the Federal share of the cost of any eligible 
     partnership activities for which a proposal has been 
     submitted and approved in accordance with paragraph (3)(B).
       (2) Eligible activities.--Partnership activities eligible 
     for financial assistance under this subsection include--
       (A) feedstock and recycling research, development, and 
     demonstration activities to identify and promote--
       (i) opportunities for meeting manufacturing feedstock 
     requirements with more energy efficient and flexible sources 
     of feedstock or energy supply;
       (ii) strategies to develop and deploy technologies that 
     improve the quality and quantity of feedstocks recovered from 
     process and waste streams; and
       (iii) other methods using recycling, reuse, and improved 
     industrial materials;
       (B) industrial and commercial energy efficiency and 
     sustainability assessments to--
       (i) assist individual industrial and commercial sectors in 
     developing tools, techniques, and methodologies to assess--

       (I) the unique processes and facilities of the sectors;
       (II) the energy utilization requirements of the sectors; 
     and
       (III) the application of new, more energy efficient 
     technologies; and

       (ii) conduct energy savings assessments;
       (C) the incorporation of technologies and innovations that 
     would significantly improve the energy efficiency and 
     utilization of energy-intensive commercial applications; and
       (D) any other activities that the Secretary determines to 
     be appropriate.
       (3) Proposals.--
       (A) In general.--To be eligible for financial assistance 
     under this subsection, a partnership shall submit to the 
     Secretary a proposal that describes the proposed research, 
     development, or demonstration activity to be conducted by the 
     partnership.
       (B) Review.--After reviewing the scientific, technical, and 
     commercial merit of a proposals submitted under subparagraph 
     (A), the Secretary shall approve or disapprove the proposal.
       (C) Competitive awards.--The provision of financial 
     assistance under this subsection shall be on a competitive 
     basis.
       (4) Cost-sharing requirement.--In carrying out this 
     section, the Secretary shall require cost sharing in 
     accordance with section 988 of the Energy Policy Act of 2005 
     (42 U.S.C. 16352).
       (d) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary to carry out this section--
       (A) $184,000,000 for fiscal year 2008;
       (B) $190,000,000 for fiscal year 2009;
       (C) $196,000,000 for fiscal year 2010;
       (D) $202,000,000 for fiscal year 2011;
       (E) $208,000,000 for fiscal year 2012; and
       (F) such sums as are necessary for fiscal year 2013 and 
     each fiscal year thereafter.
       (2) Partnership activities.--Of the amounts made available 
     under paragraph (1), not less than 50 percent shall be used 
     to pay the Federal share of partnership activities under 
     subsection (c).

Subtitle C--Promoting High Efficiency Vehicles, Advanced Batteries, and 
                             Energy Storage

     SEC. 241. LIGHTWEIGHT MATERIALS RESEARCH AND DEVELOPMENT.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall establish a 
     research and development program to determine ways in which--
       (1) the weight of vehicles may be reduced to improve fuel 
     efficiency without compromising passenger safety; and
       (2) the cost of lightweight materials (such as steel 
     alloys, fiberglass, and carbon composites) required for the 
     construction of lighter-weight vehicles may be reduced.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $60,000,000 for 
     each of fiscal years 2007 through 2012.

     SEC. 242. LOAN GUARANTEES FOR FUEL-EFFICIENT AUTOMOBILE PARTS 
                   MANUFACTURERS.

       (a) In General.--Section 712(a) of the Energy Policy Act of 
     2005 (42 U.S.C. 16062(a)) is amended in the second sentence 
     by striking ``grants to automobile manufacturers'' and 
     inserting ``grants and loan guarantees under section 1703 to 
     automobile manufacturers and suppliers''.
       (b) Conforming Amendment.--Section 1703(b) of the Energy 
     Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by 
     striking paragraph (8) and inserting the following:
       ``(8) Production facilities for the manufacture of fuel 
     efficient vehicles or parts of those vehicles, including 
     electric drive transportation technology and advanced diesel 
     vehicles.''.

     SEC. 243. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING 
                   INCENTIVE PROGRAM.

       (a) Definitions.--In this section:
       (1) Adjusted average fuel economy.--The term ``adjusted 
     average fuel economy'' means the average fuel economy of a 
     manufacturer for all light duty vehicles produced by the 
     manufacturer, adjusted such that the fuel economy of each 
     vehicle that qualifies for an award shall be considered to be 
     equal to the average fuel economy for vehicles of a similar 
     footprint for model year 2005.
       (2) Advanced technology vehicle.--The term ``advanced 
     technology vehicle'' means a light duty vehicle that meets--
       (A) the Bin 5 Tier II emission standard established in 
     regulations issued by the Administrator of the Environmental 
     Protection Agency under section 202(i) of the Clean Air Act 
     (42 U.S.C. 7521(i)), or a lower-numbered Bin emission 
     standard;
       (B) any new emission standard for fine particulate matter 
     prescribed by the Administrator under that Act (42 U.S.C. 
     7401 et seq.); and
       (C) at least 125 percent of the average base year combined 
     fuel economy, calculated on an energy-equivalent basis, for 
     vehicles of a substantially similar footprint.
       (3) Combined fuel economy.--The term ``combined fuel 
     economy'' means--
       (A) the combined city/highway miles per gallon values, as 
     reported in accordance with section 32908 of title 49, United 
     States Code; and
       (B) in the case of an electric drive vehicle with the 
     ability to recharge from an off-board source, the reported 
     mileage, as determined in a manner consistent with the 
     Society of Automotive Engineers recommended practice for that 
     configuration or a similar practice recommended by the 
     Secretary, using a petroleum equivalence factor for the off-
     board electricity (as defined in section 474 of title 10, 
     Code of Federal Regulations).
       (4) Engineering integration costs.--The term ``engineering 
     integration costs'' includes the cost of engineering tasks 
     relating to--
       (A) incorporating qualifying components into the design of 
     advanced technology vehicles; and
       (B) designing new tooling and equipment for production 
     facilities that produce qualifying components or advanced 
     technology vehicles.
       (5) Qualifying components.--The term ``qualifying 
     components'' means components that the Secretary determines 
     to be--
       (A) specially designed for advanced technology vehicles; 
     and
       (B) installed for the purpose of meeting the performance 
     requirements of advanced technology vehicles.
       (b) Advanced Vehicles Manufacturing Facility.--The 
     Secretary shall provide facility funding awards under this 
     section to automobile manufacturers and component suppliers 
     to pay not more than 30 percent of the cost of--
       (1) reequipping, expanding, or establishing a manufacturing 
     facility in the United States to produce--
       (A) qualifying advanced technology vehicles; or
       (B) qualifying components; and
       (2) engineering integration performed in the United States 
     of qualifying vehicles and qualifying components.
       (c) Period of Availability.--An award under subsection (b) 
     shall apply to--
       (1) facilities and equipment placed in service before 
     December 30, 2017; and
       (2) engineering integration costs incurred during the 
     period beginning on the date of enactment of this Act and 
     ending on December 30, 2017.
       (d) Improvement.--The Secretary shall issue regulations 
     that require that, in order for an automobile manufacturer to 
     be eligible for an award under this section during a

[[Page 13015]]

     particular year, the adjusted average fuel economy of the 
     manufacturer for light duty vehicles produced by the 
     manufacturer during the most recent year for which data are 
     available shall be not less than the average fuel economy for 
     all light duty vehicles of the manufacturer for model year 
     2005.

     SEC. 244. ENERGY STORAGE COMPETITIVENESS.

       (a) Short Title.--This section may be cited as the ``United 
     States Energy Storage Competitiveness Act of 2007''.
       (b) Energy Storage Systems for Motor Transportation and 
     Electricity Transmission and Distribution.--
       (1) Definitions.--In this subsection:
       (A) Council.--The term ``Council'' means the Energy Storage 
     Advisory Council established under paragraph (3).
       (B) Compressed air energy storage.--The term ``compressed 
     air energy storage'' means, in the case of an electricity 
     grid application, the storage of energy through the 
     compression of air.
       (C) Department.--The term ``Department'' means the 
     Department of Energy.
       (D) Flywheel.--The term ``flywheel'' means, in the case of 
     an electricity grid application, a device used to store 
     rotational kinetic energy.
       (E) Ultracapacitor.--The term ``ultracapacitor'' means an 
     energy storage device that has a power density comparable to 
     conventional capacitors but capable of exceeding the energy 
     density of conventional capacitors by several orders of 
     magnitude.
       (2) Program.--The Secretary shall carry out a research, 
     development, and demonstration program to support the ability 
     of the United States to remain globally competitive in energy 
     storage systems for motor transportation and electricity 
     transmission and distribution.
       (3) Energy storage advisory council.--
       (A) Establishment.--Not later than 90 days after the date 
     of enactment of this Act, the Secretary shall establish an 
     Energy Storage Advisory Council.
       (B) Composition.--
       (i) In general.--Subject to clause (ii), the Council shall 
     consist of not less than 15 individuals appointed by the 
     Secretary, based on recommendations of the National Academy 
     of Sciences.
       (ii) Energy storage industry.--The Council shall consist 
     primarily of representatives of the energy storage industry 
     of the United States.
       (iii) Chairperson.--The Secretary shall select a 
     Chairperson for the Council from among the members appointed 
     under clause (i)
       (C) Meetings.--
       (i) In general.--The Council shall meet not less than once 
     a year.
       (ii) Federal advisory committee act.--The Federal Advisory 
     Committee Act (5 U.S.C. App. 2) shall apply to a meeting of 
     the Council.
       (D) Plans.--No later than 1 year after the date of 
     enactment of this Act, in conjunction with the Secretary, the 
     Council shall develop 5-year plans for integrating basic and 
     applied research so that the United States retains a globally 
     competitive domestic energy storage industry for motor 
     transportation and electricity transmission and distribution.
       (E) Review.--The Council shall--
       (i) assess the performance of the Department in meeting the 
     goals of the plans developed under subparagraph (D); and
       (ii) make specific recommendations to the Secretary on 
     programs or activities that should be established or 
     terminated to meet those goals.
       (4) Basic research program.--
       (A) Basic research.--The Secretary shall conduct a basic 
     research program on energy storage systems to support motor 
     transportation and electricity transmission and distribution, 
     including--
       (i) materials design;
       (ii) materials synthesis and characterization;
       (iii) electrolytes, including bioelectrolytes;
       (iv) surface and interface dynamics; and
       (v) modeling and simulation.
       (B) Nanoscience centers.--The Secretary shall ensure that 
     the nanoscience centers of the Department--
       (i) support research in the areas described in subparagraph 
     (A), as part of the mission of the centers; and
       (ii) coordinate activities of the centers with activities 
     of the Council.
       (5) Applied research program.--The Secretary shall conduct 
     an applied research program on energy storage systems to 
     support motor transportation and electricity transmission and 
     distribution technologies, including--
       (A) ultracapacitors;
       (B) flywheels;
       (C) batteries;
       (D) compressed air energy systems;
       (E) power conditioning electronics; and
       (F) manufacturing technologies for energy storage systems.
       (6) Energy storage research centers.--
       (A) In general.--The Secretary shall establish, through 
     competitive bids, 4 energy storage research centers to 
     translate basic research into applied technologies to advance 
     the capability of the United States to maintain a globally 
     competitive posture in energy storage systems for motor 
     transportation and electricity transmission and distribution.
       (B) Program management.--The centers shall be jointly 
     managed by the Under Secretary for Science and the Under 
     Secretary of Energy of the Department.
       (C) Participation agreements.--As a condition of 
     participating in a center, a participant shall enter into a 
     participation agreement with the center that requires that 
     activities conducted by the participant for the center 
     promote the goal of enabling the United States to compete 
     successfully in global energy storage markets.
       (D) Plans.--A center shall conduct activities that promote 
     the achievement of the goals of the plans of the Council 
     under paragraph (3)(D).
       (E) Cost sharing.--In carrying out this paragraph, the 
     Secretary shall require cost-sharing in accordance with 
     section 988 of the Energy Policy Act of 2005 (42 U.S.C. 
     16352).
       (F) National laboratories.--A national laboratory (as 
     defined in section 2 of the Energy Policy Act of 2005 (42 
     U.S.C. 15801)) may participate in a center established under 
     this paragraph, including a cooperative research and 
     development agreement (as defined in section 12(d) of the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3710a(d))).
       (G) Intellectual property.--A participant shall be provided 
     appropriate intellectual property rights commensurate with 
     the nature of the participation agreement of the participant.
       (7) Review by national academy of sciences.--Not later than 
     5 years after the date of enactment of this Act, the 
     Secretary shall offer to enter into an arrangement with the 
     National Academy of Sciences to assess the performance of the 
     Department in making the United States globally competitive 
     in energy storage systems for motor transportation and 
     electricity transmission and distribution.
       (8) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out--
       (A) the basic research program under paragraph (4) 
     $50,000,000 for each of fiscal years 2008 through 2017;
       (B) the applied research program under paragraph (5) 
     $80,000,000 for each of fiscal years 2008 through 2017; and;
       (C) the energy storage research center program under 
     paragraph (6) $100,000,000 for each of fiscal years 2008 
     through 2017.

     SEC. 245. ADVANCED TRANSPORTATION TECHNOLOGY PROGRAM.

       (a) Electric Drive Vehicle Demonstration Program.--
       (1) Definition of electric drive vehicle.--In this 
     subsection, the term ``electric drive vehicle'' means a 
     precommercial vehicle that--
       (A) draws motive power from a battery with at least 4 
     kilowatt-hours of electricity;
       (B) can be recharged from an external source of electricity 
     for motive power; and
       (C) is a light-, medium-, or heavy-duty onroad or nonroad 
     vehicle.
       (2) Program.--The Secretary shall establish a competitive 
     program to provide grants for demonstrations of electric 
     drive vehicles.
       (3) Eligibility.--A State government, local government, 
     metropolitan transportation authority, air pollution control 
     district, private entity, and nonprofit entity shall be 
     eligible to receive a grant under this subsection.
       (4) Priority.--In making grants under this subsection, the 
     Secretary shall give priority to proposals that--
       (A) are likely to contribute to the commercialization and 
     production of electric drive vehicles in the United States; 
     and
       (B) reduce petroleum usage.
       (5) Scope of demonstrations.--The Secretary shall ensure, 
     to the extent practicable, that the program established under 
     this subsection includes a variety of applications, 
     manufacturers, and end-uses.
       (6) Reporting.--The Secretary shall require a grant 
     recipient under this subsection to submit to the Secretary, 
     on an annual basis, data relating to vehicle, performance, 
     life cycle costs, and emissions of vehicles demonstrated 
     under the grant, including emissions of greenhouse gases.
       (7) Cost sharing.--Section 988 of the Energy Policy Act of 
     2005 (42 U.S.C. 16352) shall apply to a grant made under this 
     subsection.
       (8) Authorizations of appropriations.--There are authorized 
     to be appropriated to carry out this subsection $60,000,000 
     for each of fiscal years 2008 through 2012, of which not less 
     than $20,000,000 shall be available each fiscal year only to 
     make grants local and municipal governments.
       (b) Near-Term Oil Saving Transportation Deployment 
     Program.--
       (1) Definition of qualified transportation project.--In 
     this subsection, the term ``qualified transportation 
     project'' means--
       (A) a project that simultaneously reduces emissions of 
     criteria pollutants, greenhouse gas emissions, and petroleum 
     usage by at least 40 percent as compared to commercially 
     available, petroleum-based technologies used in nonroad 
     vehicles; and
       (B) an electrification project involving onroad commercial 
     trucks, rail transportation, or ships, and any associated 
     infrastructure (including any panel upgrades, battery 
     chargers, trenching, and alternative fuel infrastructure).

[[Page 13016]]

       (2) Program.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of Transportation, shall establish a program to 
     provide grants to eligible entities for the conduct of 
     qualified transportation projects.
       (3) Priority.--In providing grants under this subsection, 
     the Secretary shall give priority to large-scale projects and 
     large-scale aggregators of projects.
       (4) Cost sharing.--Section 988 of the Energy Policy Act of 
     2005 (42 U.S.C. 16352) shall apply to a grant made under this 
     subsection.
       (5) Authorization of appropriations.--There are authorized 
     to carry this subsection $90,000,000 for each of fiscal years 
     2008 through 2013.

              Subtitle D--Setting Energy Efficiency Goals

     SEC. 251. NATIONAL GOALS FOR ENERGY SAVINGS IN 
                   TRANSPORTATION.

       (a) Goals.--The goals of the United States are to reduce 
     gasoline usage in the United States from the levels projected 
     under subsection (b) by--
       (1) 20 percent by calendar year 2017;
       (2) 35 percent by calendar year 2025; and
       (3) 45 percent by calendar year 2030.
       (b) Measurement.--For purposes of subsection (a), reduction 
     in gasoline usage shall be measured from the estimates for 
     each year in subsection (a) contained in the reference case 
     in the report of the Energy Information Administration 
     entitled ``Annual Energy Outlook 2007''.
       (c) Strategic Plan.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in cooperation with the 
     Administrator of the Environmental Protection Agency and the 
     heads of other appropriate Federal agencies, shall develop a 
     strategic plan to achieve the national goals for reduction in 
     gasoline usage established under subsection (a).
       (2) Public input and comment.--The Secretary shall develop 
     the plan in a manner that provides appropriate opportunities 
     for public comment.
       (d) Plan Contents.--The strategic plan shall--
       (1) establish future regulatory, funding, and policy 
     priorities to ensure compliance with the national goals;
       (2) include energy savings estimates for each sector; and
       (3) include data collection methodologies and compilations 
     used to establish baseline and energy savings data.
       (e) Plan Updates.--
       (1) In general.--The Secretary shall--
       (A) update the strategic plan biennially; and
       (B) include the updated strategic plan in the national 
     energy policy plan required by section 801 of the Department 
     of Energy Organization Act (42 U.S.C. 7321).
       (2) Contents.--In updating the plan, the Secretary shall--
       (A) report on progress made toward implementing efficiency 
     policies to achieve the national goals established under 
     subsection (a); and
       (B) to the maximum extent practicable, verify energy 
     savings resulting from the policies.
       (f) Report to Congress and Public.--The Secretary shall 
     submit to Congress, and make available to the public, the 
     initial strategic plan developed under subsection (c) and 
     each updated plan.

     SEC. 252. NATIONAL ENERGY EFFICIENCY IMPROVEMENT GOALS.

       (a) Goals.--The goals of the United States are--
       (1) to achieve an improvement in the overall energy 
     productivity of the United States (measured in gross domestic 
     product per unit of energy input) of at least 2.5 percent per 
     year by the year 2012; and
       (2) to maintain that annual rate of improvement each year 
     through 2030.
       (b) Strategic Plan.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in cooperation with the 
     Administrator of the Environmental Protection Agency and the 
     heads of other appropriate Federal agencies, shall develop a 
     strategic plan to achieve the national goals for improvement 
     in energy productivity established under subsection (a).
       (2) Public input and comment.--The Secretary shall develop 
     the plan in a manner that provides appropriate opportunities 
     for public input and comment.
       (c) Plan Contents.--The strategic plan shall--
       (1) establish future regulatory, funding, and policy 
     priorities to ensure compliance with the national goals;
       (2) include energy savings estimates for each sector; and
       (3) include data collection methodologies and compilations 
     used to establish baseline and energy savings data.
       (d) Plan Updates.--
       (1) In general.--The Secretary shall--
       (A) update the strategic plan biennially; and
       (B) include the updated strategic plan in the national 
     energy policy plan required by section 801 of the Department 
     of Energy Organization Act (42 U.S.C. 7321).
       (2) Contents.--In updating the plan, the Secretary shall--
       (A) report on progress made toward implementing efficiency 
     policies to achieve the national goals established under 
     subsection (a); and
       (B) verify, to the maximum extent practicable, energy 
     savings resulting from the policies.
       (e) Report to Congress and Public.--The Secretary shall 
     submit to Congress, and make available to the public, the 
     initial strategic plan developed under subsection (b) and 
     each updated plan.

     SEC. 253. NATIONAL MEDIA CAMPAIGN.

       (a) In General.--The Secretary, acting through the 
     Assistant Secretary for Energy Efficiency and Renewable 
     Energy (referred to in this section as the ``Secretary''), 
     shall develop and conduct a national media campaign--
       (1) to increase energy efficiency throughout the economy of 
     the United States over the next decade;
       (2) to promote the national security benefits associated 
     with increased energy efficiency; and
       (3) to decrease oil consumption in the United States over 
     the next decade.
       (b) Contract With Entity.--The Secretary shall carry out 
     subsection (a) directly or through--
       (1) competitively bid contracts with 1 or more nationally 
     recognized media firms for the development and distribution 
     of monthly television, radio, and newspaper public service 
     announcements; or
       (2) collective agreements with 1 or more nationally 
     recognized institutes, businesses, or nonprofit organizations 
     for the funding, development, and distribution of monthly 
     television, radio, and newspaper public service 
     announcements.
       (c) Use of Funds.--
       (1) In general.--Amounts made available to carry out this 
     section shall be used for the following:
       (A) Advertising costs.--
       (i) The purchase of media time and space.
       (ii) Creative and talent costs.
       (iii) Testing and evaluation of advertising.
       (iv) Evaluation of the effectiveness of the media campaign.
       (B) Administrative costs.--Operational and management 
     expenses.
       (2) Limitations.--In carrying out this section, the 
     Secretary shall allocate not less than 85 percent of funds 
     made available under subsection (e) for each fiscal year for 
     the advertising functions specified under paragraph (1)(A).
       (d) Reports.--The Secretary shall annually submit to 
     Congress a report that describes--
       (1) the strategy of the national media campaign and whether 
     specific objectives of the campaign were accomplished, 
     including--
       (A) determinations concerning the rate of change of energy 
     consumption, in both absolute and per capita terms; and
       (B) an evaluation that enables consideration whether the 
     media campaign contributed to reduction of energy 
     consumption;
       (2) steps taken to ensure that the national media campaign 
     operates in an effective and efficient manner consistent with 
     the overall strategy and focus of the campaign;
       (3) plans to purchase advertising time and space;
       (4) policies and practices implemented to ensure that 
     Federal funds are used responsibly to purchase advertising 
     time and space and eliminate the potential for waste, fraud, 
     and abuse; and
       (5) all contracts or cooperative agreements entered into 
     with a corporation, partnership, or individual working on 
     behalf of the national media campaign.
       (e) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $5,000,000 for each of fiscal years 
     2008 through 2012.
       (2) Decreased oil consumption.--The Secretary shall use not 
     less than 50 percent of the amount that is made available 
     under this section for each fiscal year to develop and 
     conduct a national media campaign to decrease oil consumption 
     in the United States over the next decade.

     SEC. 254. MODERNIZATION OF ELECTRICITY GRID SYSTEM.

       (a) Statement of Policy.--It is the policy of the United 
     States that developing and deploying advanced technology to 
     modernize and increase the efficiency of the electricity grid 
     system of the United States is essential to maintain a 
     reliable and secure electricity transmission and distribution 
     infrastructure that can meet future demand growth.
       (b) Programs.--The Secretary, the Federal Energy Regulatory 
     Commission, and other Federal agencies, as appropriate, shall 
     carry out programs to support the use, development, and 
     demonstration of advanced transmission and distribution 
     technologies, including real-time monitoring and analytical 
     software--
       (1) to maximize the capacity and efficiency of electricity 
     networks;
       (2) to enhance grid reliability;
       (3) to reduce line losses;
       (4) to facilitate the transition to real-time electricity 
     pricing;
       (5) to allow grid incorporation of more onsite renewable 
     energy generators;

[[Page 13017]]

       (6) to enable electricity to displace a portion of the 
     petroleum used to power the national transportation system of 
     the United States; and
       (7) to enable broad deployment of distributed generation 
     and demand side management technology.

   Subtitle E--Promoting Federal Leadership in Energy Efficiency and 
                            Renewable Energy

     SEC. 261. FEDERAL FLEET CONSERVATION REQUIREMENTS.

       (a) Federal Fleet Conservation Requirements.--
       (1) In general.--Part J of title III of the Energy Policy 
     and Conservation Act (42 U.S.C. 6374 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 400FF. FEDERAL FLEET CONSERVATION REQUIREMENTS.

       ``(a) Mandatory Reduction in Petroleum Consumption.--
       ``(1) In general.--The Secretary shall issue regulations 
     (including provisions for waivers from the requirements of 
     this section) for Federal fleets subject to section 400AA 
     requiring that not later than October 1, 2015, each Federal 
     agency achieve at least a 20 percent reduction in petroleum 
     consumption, and that each Federal agency increase 
     alternative fuel consumption by 10 percent annually, as 
     calculated from the baseline established by the Secretary for 
     fiscal year 2005.
       ``(2) Plan.--
       ``(A) Requirement.--The regulations shall require each 
     Federal agency to develop a plan to meet the required 
     petroleum reduction levels and the alternative fuel 
     consumption increases.
       ``(B) Measures.--The plan may allow an agency to meet the 
     required petroleum reduction level through--
       ``(i) the use of alternative fuels;
       ``(ii) the acquisition of vehicles with higher fuel 
     economy, including hybrid vehicles, neighborhood electric 
     vehicles, electric vehicles, and plug-in hybrid vehicles if 
     the vehicles are commercially available;
       ``(iii) the substitution of cars for light trucks;
       ``(iv) an increase in vehicle load factors;
       ``(v) a decrease in vehicle miles traveled;
       ``(vi) a decrease in fleet size; and
       ``(vii) other measures.
       ``(b) Federal Employee Incentive Programs for Reducing 
     Petroleum Consumption.--
       ``(1) In general.--Each Federal agency shall actively 
     promote incentive programs that encourage Federal employees 
     and contractors to reduce petroleum usage through the use of 
     practices such as--
       ``(A) telecommuting;
       ``(B) public transit;
       ``(C) carpooling; and
       ``(D) bicycling.
       ``(2) Monitoring and support for incentive programs.--The 
     Administrator of General Services, the Director of the Office 
     of Personnel Management, and the Secretary of Energy shall 
     monitor and provide appropriate support to agency programs 
     described in paragraph (1).
       ``(3) Recognition.--The Secretary may establish a program 
     under which the Secretary recognizes private sector employers 
     and State and local governments for outstanding programs to 
     reduce petroleum usage through practices described in 
     paragraph (1).
       ``(c) Replacement Tires.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     regulations issued under subsection (a)(1) shall include a 
     requirement that, to the maximum extent practicable, each 
     Federal agency purchase energy-efficient replacement tires 
     for the respective fleet vehicles of the agency.
       ``(2) Exceptions.--This section does not apply to--
       ``(A) law enforcement motor vehicles;
       ``(B) emergency motor vehicles; or
       ``(C) motor vehicles acquired and used for military 
     purposes that the Secretary of Defense has certified to the 
     Secretary must be exempt for national security reasons.
       ``(d) Annual Reports on Compliance.--The Secretary shall 
     submit to Congress an annual report that summarizes actions 
     taken by Federal agencies to comply with this section.''.
       (2) Table of contents amendment.--The table of contents of 
     the Energy Policy and Conservation Act (42 U.S.C. prec. 6201) 
     is amended by adding at the end of the items relating to part 
     J of title III the following:

``Sec. 400FF. Federal fleet conservation requirements.''.

       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out the amendment made by this 
     section $10,000,000 for the period of fiscal years 2008 
     through 2013.

     SEC. 262. FEDERAL REQUIREMENT TO PURCHASE ELECTRICITY 
                   GENERATED BY RENEWABLE ENERGY.

       Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 
     15852) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Requirement.--
       ``(1) In general.--The President, acting through the 
     Secretary, shall require that, to the extent economically 
     feasible and technically practicable, of the total quantity 
     of domestic electric energy the Federal Government consumes 
     during any fiscal year, the following percentages shall be 
     renewable energy from facilities placed in service after 
     January 1, 1999:
       ``(A) Not less than 10 percent in fiscal year 2010.
       ``(B) Not less than 15 percent in fiscal year 2015.
       ``(2) Capitol complex.--The Architect of the Capitol, in 
     consultation with the Secretary, shall ensure that, of the 
     total quantity of electric energy the Capitol complex 
     consumes during any fiscal year, the percentages prescribed 
     in paragraph (1) shall be renewable energy.
       ``(3) Waiver authority.--The President may reduce or waive 
     the requirement under paragraph (1) on a fiscal-year basis if 
     the President determines that complying with paragraph (1) 
     for a fiscal year would result in--
       ``(A) a negative impact on military training or readiness 
     activities conducted by the Department of Defense;
       ``(B) a negative impact on domestic preparedness activities 
     conducted by the Department of Homeland Security; or
       ``(C) a requirement that a Federal agency provide emergency 
     response services in the event of a natural disaster or 
     terrorist attack.''; and
       (2) by adding at the end the following:
       ``(e) Contracts for Renewable Energy From Public Utility 
     Services.--Notwithstanding section 501(b)(1)(B) of title 40, 
     United States Code, a contract for renewable energy from a 
     public utility service may be made for a period of not more 
     than 50 years.''.

     SEC. 263. ENERGY SAVINGS PERFORMANCE CONTRACTS.

       (a) Retention of Savings.--Section 546(c) of the National 
     Energy Conservation Policy Act (42 U.S.C. 8256(c)) is amended 
     by striking paragraph (5).
       (b) Sunset and Reporting Requirements.--Section 801 of the 
     National Energy Conservation Policy Act (42 U.S.C. 8287) is 
     amended by striking subsection (c).
       (c) Definition of Energy Savings.--Section 804(2) of the 
     National Energy Conservation Policy Act (42 U.S.C. 8287c(2)) 
     is amended--
       (1) by redesignating subparagraphs (A), (B), and (C) as 
     clauses (i), (ii), and (iii), respectively, and indenting 
     appropriately;
       (2) by striking ``means a reduction'' and inserting 
     ``means--
       ``(A) a reduction'';
       (3) by striking the period at the end and inserting a 
     semicolon; and
       (4) by adding at the end the following:
       ``(B) the increased efficient use of an existing energy 
     source by cogeneration or heat recovery, and installation of 
     renewable energy systems;
       ``(C) if otherwise authorized by Federal or State law 
     (including regulations), the sale or transfer of electrical 
     or thermal energy generated on-site from renewable energy 
     sources or cogeneration, but in excess of Federal needs, to 
     utilities or non-Federal energy users; and
       ``(D) the increased efficient use of existing water sources 
     in interior or exterior applications.''.
       (d) Notification.--
       (1) Authority to enter into contracts.--Section 
     801(a)(2)(D) of the National Energy Conservation Policy Act 
     (42 U.S.C. 8287(a)(2)(D)) is amended--
       (A) in clause (ii), by inserting ``and'' after the 
     semicolon at the end;
       (B) by striking clause (iii); and
       (C) by redesignating clause (iv) as clause (iii).
       (2) Reports.--Section 548(a)(2) of the National Energy 
     Conservation Policy Act (42 U.S.C. 8258(a)(2)) is amended by 
     inserting ``and any termination penalty exposure'' after 
     ``the energy and cost savings that have resulted from such 
     contracts''.
       (3) Conforming amendment.--Section 2913 of title 10, United 
     States Code, is amended by striking subsection (e).
       (e) Energy and Cost Savings in Nonbuilding Applications.--
       (1) Definitions.--In this subsection:
       (A) Nonbuilding application.--The term ``nonbuilding 
     application'' means--
       (i) any class of vehicles, devices, or equipment that is 
     transportable under the power of the applicable vehicle, 
     device, or equipment by land, sea, or air and that consumes 
     energy from any fuel source for the purpose of--

       (I) that transportation; or
       (II) maintaining a controlled environment within the 
     vehicle, device, or equipment; and

       (ii) any federally-owned equipment used to generate 
     electricity or transport water.
       (B) Secondary savings.--
       (i) In general.--The term ``secondary savings'' means 
     additional energy or cost savings that are a direct 
     consequence of the energy savings that result from the energy 
     efficiency improvements that were financed and implemented 
     pursuant to an energy savings performance contract.
       (ii) Inclusions.--The term ``secondary savings'' includes--

       (I) energy and cost savings that result from a reduction in 
     the need for fuel delivery and logistical support;
       (II) personnel cost savings and environmental benefits; and

[[Page 13018]]

       (III) in the case of electric generation equipment, the 
     benefits of increased efficiency in the production of 
     electricity, including revenues received by the Federal 
     Government from the sale of electricity so produced.

       (2) Study.--
       (A) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary and the Secretary of 
     Defense shall jointly conduct, and submit to Congress and the 
     President a report of, a study of the potential for the use 
     of energy savings performance contracts to reduce energy 
     consumption and provide energy and cost savings in 
     nonbuilding applications.
       (B) Requirements.--The study under this subsection shall 
     include--
       (i) an estimate of the potential energy and cost savings to 
     the Federal Government, including secondary savings and 
     benefits, from increased efficiency in nonbuilding 
     applications;
       (ii) an assessment of the feasibility of extending the use 
     of energy savings performance contracts to nonbuilding 
     applications, including an identification of any regulatory 
     or statutory barriers to such use; and
       (iii) such recommendations as the Secretary and Secretary 
     of Defense determine to be appropriate.

     SEC. 264. ENERGY MANAGEMENT REQUIREMENTS FOR FEDERAL 
                   BUILDINGS.

       Section 543(a)(1) of the National Energy Conservation 
     Policy Act (42 U.S.C. 8253(a)(1)) is amended by striking the 
     table and inserting the following:
``Fiscal Year                                      Percentage reduction
  2006...............................................................2 
  2007...............................................................4 
  2008...............................................................9 
  2009..............................................................12 
  2010..............................................................15 
  2011..............................................................18 
  2012..............................................................21 
  2013..............................................................24 
  2014..............................................................27 
  2015...........................................................30.''.

     SEC. 265. COMBINED HEAT AND POWER AND DISTRICT ENERGY 
                   INSTALLATIONS AT FEDERAL SITES.

       Section 543 of the National Energy Conservation Policy Act 
     (42 U.S.C. 8253) is amended by adding at the end the 
     following:
       ``(f) Combined Heat and Power and District Energy 
     Installations at Federal Sites.--
       ``(1) In general.--Not later than 18 months after the date 
     of enactment of this subsection, the Secretary, in 
     consultation with the Administrator of General Services and 
     the Secretary of Defense, shall identify Federal sites that 
     could achieve significant cost-effective energy savings 
     through the use of combined heat and power or district energy 
     installations.
       ``(2) Information and technical assistance.--The Secretary 
     shall provide agencies with information and technical 
     assistance that will enable the agencies to take advantage of 
     the energy savings described in paragraph (1).
       ``(3) Energy performance requirements.--Any energy savings 
     from the installations described in paragraph (1) may be 
     applied to meet the energy performance requirements for an 
     agency under subsection (a)(1).''.

     SEC. 266. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE 
                   STANDARDS.

       Section 305(a)(3)(A) of the Energy Conservation and 
     Production Act (42 U.S.C. 6834(a)(3)(A)) is amended--
       (1) in the matter preceding clause (i), by striking ``this 
     paragraph'' and by inserting ``the Energy Efficiency 
     Promotion Act of 2007''; and
       (2) in clause (i)--
       (A) in subclause (I), by striking ``and'' at the end;
       (B) by redesignating subclause (II) as subclause (III); and
       (C) by inserting after subclause (I) the following:
       ``(II) the buildings be designed, to the extent 
     economically feasible and technically practicable, so that 
     the fossil fuel-generated energy consumption of the buildings 
     is reduced, as compared with the fossil fuel-generated energy 
     consumption by a similar Federal building in fiscal year 2003 
     (as measured by Commercial Buildings Energy Consumption 
     Survey or Residential Energy Consumption Survey data from the 
     Energy Information Agency), by the percentage specified in 
     the following table:
Fiscal Year                                        Percentage Reduction
  2007...............................................................50
  2010...............................................................60
  2015...............................................................70
  2020...............................................................80
  2025...............................................................90
  2030.............................................................100;
     and''.

     SEC. 267. APPLICATION OF INTERNATIONAL ENERGY CONSERVATION 
                   CODE TO PUBLIC AND ASSISTED HOUSING.

       Section 109 of the Cranston-Gonzalez National Affordable 
     Housing Act (42 U.S.C. 12709) is amended--
       (1) in subsection (a)(1)(C), by striking, ``, where such 
     standards are determined to be cost effective by the 
     Secretary of Housing and Urban Development'';
       (2) in subsection (a)(2)--
       (A) by striking ``the Council of American Building 
     Officials Model Energy Code, 1992'' and inserting ``2006 
     International Energy Conservation Code''; and
       (B) by striking ``, and, with respect to rehabilitation and 
     new construction of public and assisted housing funded by 
     HOPE VI revitalization grants under section 24 of the United 
     States Housing Act of 1937 (42 U.S.C. 1437v), the 2003 
     International Energy Conservation Code'';
       (3) in subsection (b)--
       (A) in the heading, by striking ``Model Energy Code.--'' 
     and inserting ``International Energy Conservation Code.--'';
       (B) after ``all new construction'' in the first sentence 
     insert ``and rehabilitation''; and
       (C) by striking ``, and, with respect to rehabilitation and 
     new construction of public and assisted housing funded by 
     HOPE VI revitalization grants under section 24 of the United 
     States Housing Act of 1937 (42 U.S.C. 1437v), the 2003 
     International Energy Conservation Code'';
       (4) in subsection (c)--
       (A) in the heading, by striking ``Model Energy Code and''; 
     and
       (B) by striking ``, or, with respect to rehabilitation and 
     new construction of public and assisted housing funded by 
     HOPE VI revitalization grants under section 24 of the United 
     States Housing Act of 1937 (42 U.S.C. 1437v), the 2003 
     International Energy Conservation Code'';
       (5) by adding at the end the following:
       ``(d) Failure To Amend the Standards.--If the Secretaries 
     have not, within 1 year after the requirements of the 2006 
     IECC or the ASHRAE Standard 90.1-2004 are revised, amended 
     the standards or made a determination under subsection (c) of 
     this section, and if the Secretary of Energy has made a 
     determination under section 304 of the Energy Conservation 
     and Production Act (42 U.S.C. 6833) that the revised code or 
     standard would improve energy efficiency, all new 
     construction and rehabilitation of housing specified in 
     subsection (a) shall meet the requirements of the revised 
     code or standard.'';
       (6) by striking ``CABO Model Energy Code, 1992'' each place 
     it appears and inserting ``the 2006 IECC''; and
       (7) by striking ``1989'' each place it appears and 
     inserting ``2004''.

     SEC. 268. ENERGY EFFICIENT COMMERCIAL BUILDINGS INITIATIVE.

       (a) Definitions.--In this section:
       (1) Consortium.--The term ``consortium'' means a working 
     group that is comprised of--
       (A) individuals representing--
       (i) 1 or more businesses engaged in--

       (I) commercial building development;
       (II) construction; or
       (III) real estate;

       (ii) financial institutions;
       (iii) academic or research institutions;
       (iv) State or utility energy efficiency programs;
       (v) nongovernmental energy efficiency organizations; and
       (vi) the Federal Government;
       (B) 1 or more building designers; and
       (C) 1 or more individuals who own or operate 1 or more 
     buildings.
       (2) Energy efficient commercial building.--The term 
     ``energy efficient commercial building'' means a commercial 
     building that is designed, constructed, and operated--
       (A) to require a greatly reduced quantity of energy;
       (B) to meet, on an annual basis, the balance of energy 
     needs of the commercial building from renewable sources of 
     energy; and
       (C) to be economically viable.
       (3) Initiative.--The term ``initiative'' means the Energy 
     Efficient Commercial Buildings Initiative.
       (b) Initiative.--
       (1) In general.--The Secretary shall enter into an 
     agreement with the consortium to develop and carry out the 
     initiative--
       (A) to reduce the quantity of energy consumed by commercial 
     buildings located in the United States; and
       (B) to achieve the development of energy efficient 
     commercial buildings in the United States.
       (2) Goal of initiative.--The goal of the initiative shall 
     be to develop technologies and practices and implement 
     policies that lead to energy efficient commercial buildings 
     for--
       (A) any commercial building newly constructed in the United 
     States by 2030;
       (B) 50 percent of the commercial building stock of the 
     United States by 2040; and
       (C) all commercial buildings in the United States by 2050.
       (3) Components.--In carrying out the initiative, the 
     Secretary, in collaboration with the consortium, may--
       (A) conduct research and development on building design, 
     materials, equipment and controls, operation and other 
     practices, integration, energy use measurement and 
     benchmarking, and policies;
       (B) conduct demonstration projects to evaluate replicable 
     approaches to achieving energy efficient commercial buildings 
     for a variety of building types in a variety of climate 
     zones;
       (C) conduct deployment activities to disseminate 
     information on, and encourage

[[Page 13019]]

     widespread adoption of, technologies, practices, and policies 
     to achieve energy efficient commercial buildings; and
       (D) conduct any other activity necessary to achieve any 
     goal of the initiative, as determined by the Secretary, in 
     collaboration with the consortium.
       (c) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     such sums as are necessary to carry out this section.
       (2) Additional funding.--In addition to amounts authorized 
     to be appropriated under paragraph (1), the Secretary may 
     allocate funds from other appropriations to the initiative 
     without changing the purpose for which the funds are 
     appropriated.
 Subtitle F--Assisting State and Local Governments in Energy Efficiency

     SEC. 271. WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS.

       Section 422 of the Energy Conservation and Production Act 
     (42 U.S.C. 6872) is amended by striking ``$700,000,000 for 
     fiscal year 2008'' and inserting ``$750,000,000 for each of 
     fiscal years 2008 through 2012''.

     SEC. 272. STATE ENERGY CONSERVATION PLANS.

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

     SEC. 273. UTILITY ENERGY EFFICIENCY PROGRAMS.

       (a) Electric Utilities.--Section 111(d) of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) 
     is amended by adding at the end the following:
       ``(16) Integrated resource planning.--Each electric utility 
     shall--
       ``(A) integrate energy efficiency resources into utility, 
     State, and regional plans; and
       ``(B) adopt policies establishing cost-effective energy 
     efficiency as a priority resource.
       ``(17) Rate design modifications to promote energy 
     efficiency investments.--
       ``(A) In general.--The rates allowed to be charged by any 
     electric utility shall--
       ``(i) align utility incentives with the delivery of cost-
     effective energy efficiency; and
       ``(ii) promote energy efficiency investments.
       ``(B) Policy options.--In complying with subparagraph (A), 
     each State regulatory authority and each nonregulated utility 
     shall consider--
       ``(i) removing the throughput incentive and other 
     regulatory and management disincentives to energy efficiency;
       ``(ii) providing utility incentives for the successful 
     management of energy efficiency programs;
       ``(iii) including the impact on adoption of energy 
     efficiency as 1 of the goals of retail rate design, 
     recognizing that energy efficiency must be balanced with 
     other objectives;
       ``(iv) adopting rate designs that encourage energy 
     efficiency for each customer class; and
       ``(v) allowing timely recovery of energy efficiency-related 
     costs.''.
       (b) Natural Gas Utilities.--Section 303(b) of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 3203(b)) 
     is amended by adding at the end the following:
       ``(5) Energy efficiency.--Each natural gas utility shall--
       ``(A) integrate energy efficiency resources into the plans 
     and planning processes of the natural gas utility; and
       ``(B) adopt policies that establish energy efficiency as a 
     priority resource in the plans and planning processes of the 
     natural gas utility.
       ``(6) Rate design modifications to promote energy 
     efficiency investments.--
       ``(A) In general.--The rates allowed to be charged by a 
     natural gas utility shall align utility incentives with the 
     deployment of cost-effective energy efficiency.
       ``(B) Policy options.--In complying with subparagraph (A), 
     each State regulatory authority and each nonregulated utility 
     shall consider--
       ``(i) separating fixed-cost revenue recovery from the 
     volume of transportation or sales service provided to the 
     customer;
       ``(ii) providing to utilities incentives for the successful 
     management of energy efficiency programs, such as allowing 
     utilities to retain a portion of the cost-reducing benefits 
     accruing from the programs;
       ``(iii) promoting the impact on adoption of energy 
     efficiency as 1 of the goals of retail rate design, 
     recognizing that energy efficiency must be balanced with 
     other objectives; and
       ``(iv) adopting rate designs that encourage energy 
     efficiency for each customer class.''.

     SEC. 274. ENERGY EFFICIENCY AND DEMAND RESPONSE PROGRAM 
                   ASSISTANCE.

       The Secretary shall provide technical assistance regarding 
     the design and implementation of the energy efficiency and 
     demand response programs established under this title, and 
     the amendments made by this title, to State energy offices, 
     public utility regulatory commissions, and nonregulated 
     utilities through the appropriate national laboratories of 
     the Department of Energy.

     SEC. 275. ENERGY AND ENVIRONMENTAL BLOCK GRANT.

       Title I of the Housing and Community Development Act of 
     1974 (42 U.S.C. 5301 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 123. ENERGY AND ENVIRONMENTAL BLOCK GRANT.

       ``(a) Definitions.--In this section
       ``(1) Eligible entity.--The term `eligible entity' means--
       ``(A) a State;
       ``(B) an eligible unit of local government within a State; 
     and
       ``(C) an Indian tribe.
       ``(2) Eligible unit of local government.--The term 
     `eligible unit of local government' means--
       ``(A) a city with a population--
       ``(i) of at least 35,000; or
       ``(ii) that causes the city to be 1 of the top 10 most 
     populous cities of the State in which the city is located; 
     and
       ``(B) a county with a population--
       ``(i) of at least 200,000; or
       ``(ii) that causes the county to be 1 of the top 10 most 
     populous counties of the State in which the county is 
     located.
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of Energy.
       ``(4) State.--The term `State' means--
       ``(A) a State;
       ``(B) the District of Columbia;
       ``(C) the Commonwealth of Puerto Rico; and
       ``(D) any other territory or possession of the United 
     States.
       ``(b) Purpose.--The purpose of this section is to assist 
     State and local governments in implementing strategies--
       ``(1) to reduce fossil fuel emissions created as a result 
     of activities within the boundaries of the States or units of 
     local government;
       ``(2) to reduce the total energy use of the States and 
     units of local government; and
       ``(3) to improve energy efficiency in the transportation 
     sector, building sector, and any other appropriate sectors.
       ``(c)  Program.--
       ``(1) In general.--The Secretary shall provide to eligible 
     entities block grants to carry out eligible activities (as 
     specified under paragraph (2)) relating to the implementation 
     of environmentally beneficial energy strategies.
       ``(2) Eligible activities.--The Secretary, in consultation 
     with the Administrator of the Environmental Protection 
     Agency, the Secretary of Transportation, and the Secretary of 
     Housing and Urban Development, shall establish a list of 
     activities that are eligible for assistance under the grant 
     program.
       ``(3) Allocation to states and eligible units of local 
     government.--
       ``(A) In general.--Of the amounts made available to provide 
     grants under this subsection, the Secretary shall allocate--
       ``(i) 70 percent to eligible units of local government; and
       ``(ii) 30 percent to States.
       ``(B) Distribution to eligible units of local government.--
       ``(i) In general.--The Secretary shall establish a formula 
     for the distribution of amounts under subparagraph (A)(i) to 
     eligible units of local government, taking into account any 
     factors that the Secretary determines to be appropriate, 
     including the residential and daytime population of the 
     eligible units of local government.
       ``(ii) Criteria.--Amounts shall be distributed to eligible 
     units of local government under clause (i) only if the 
     eligible units of local government meet the criteria for 
     distribution established by the Secretary for units of local 
     government.
       ``(C) Distribution to states.--
       ``(i) In general.--Of the amounts provided to States under 
     subparagraph (A)(ii), the Secretary shall distribute--

       ``(I) at least 1.25 percent to each State; and
       ``(II) the remainder among the States, based on a formula, 
     to be determined by the Secretary, that takes into account 
     the population of the States and any other criteria that the 
     Secretary determines to be appropriate.

       ``(ii) Criteria.--Amounts shall be distributed to States 
     under clause (i) only if the States meet the criteria for 
     distribution established by the Secretary for States.
       ``(iii) Limitation on use of state funds.--At least 40 
     percent of the amounts distributed to States under this 
     subparagraph shall be used by the States for the conduct of 
     eligible activities in nonentitlement areas in the States, in 
     accordance with any criteria established by the Secretary.
       ``(4) Report.--Not later than 2 years after the date on 
     which an eligible entity first receives a grant under this 
     section, and every 2 years thereafter, the eligible entity 
     shall submit to the Secretary a report that describes any 
     eligible activities carried out using assistance provided 
     under this subsection.
       ``(5) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this subsection for each of fiscal years 2008 
     through 2012.
       ``(d) Environmentally Beneficial Energy Strategies 
     Supplemental Grant Program.--
       ``(1) In general.--The Secretary shall provide to each 
     eligible entity that meets the applicable criteria under 
     subparagraph (B)(ii) or (C)(ii) of subsection (c)(3) a 
     supplemental grant to pay the Federal share of the total 
     costs of carrying out an activity relating to the 
     implementation of an environmentally beneficial energy 
     strategy.

[[Page 13020]]

       ``(2) Requirements.--To be eligible for a grant under 
     paragraph (1), an eligible entity shall--
       ``(A) demonstrate to the satisfaction of the Secretary that 
     the eligible entity meets the applicable criteria under 
     subparagraph (B)(ii) or (C)(ii) of subsection (c)(3); and
       ``(B) submit to the Secretary for approval a plan that 
     describes the activities to be funded by the grant.
       ``(3) Cost-sharing requirement.--
       ``(A) Federal share.--The Federal share of the cost of 
     carrying out any activities under this subsection shall be 75 
     percent.
       ``(B) Non-federal share.--
       ``(i) Form.--Not more than 50 percent of the non-Federal 
     share may be in the form of in-kind contributions.
       ``(ii) Limitation.--Amounts provided to an eligible entity 
     under subsection (c) shall not be used toward the non-Federal 
     share.
       ``(4) Maintenance of effort.--An eligible entity shall 
     provide assurances to the Secretary that funds provided to 
     the eligible entity under this subsection will be used only 
     to supplement, not to supplant, the amount of Federal, State, 
     and local funds otherwise expended by the eligible entity for 
     eligible activities under this subsection.
       ``(5) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this subsection for each of fiscal years 2008 
     through 2012.
       ``(e) Grants to Other States and Communities.--
       ``(1) In general.--Of the total amount of funds that are 
     made available each fiscal year to carry out this section, 
     the Secretary shall use 2 percent of the amount to make 
     competitive grants under this section to States and units of 
     local government that are not eligible entities or to 
     consortia of such units of local government.
       ``(2) Applications.--To be eligible for a grant under this 
     subsection, a State, unit of local government, or consortia 
     described in paragraph (1) shall apply to the Secretary for a 
     grant to carry out an activity that would otherwise be 
     eligible for a grant under subsection (c) or (d).
       ``(3) Priority.--In awarding grants under this subsection, 
     the Secretary shall give priority to--
       ``(A) States with populations of less than 2,000,000; and
       ``(B) projects that would result in significant energy 
     efficiency improvements, reductions in fossil fuel use, or 
     capital improvements.''.

     SEC. 276. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS FOR 
                   INSTITUTIONS OF HIGHER EDUCATION.

       Part G of title III of the Energy Policy and Conservation 
     Act is amended by inserting after section 399 (42 U.S.C. 
     371h) the following:

     ``SEC. 399A. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS FOR 
                   INSTITUTIONS OF HIGHER EDUCATION.

       ``(a) Definitions.--In this section:
       ``(1) Energy sustainability.--The term `energy 
     sustainability' includes using a renewable energy resource 
     and a highly efficient technology for electricity generation, 
     transportation, heating, or cooling.
       ``(2) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 
     15801).
       ``(b) Grants for Energy Efficiency Improvement.--
       ``(1) In general.--The Secretary shall award not more than 
     100 grants to institutions of higher education to carry out 
     projects to improve energy efficiency on the grounds and 
     facilities of the institution of higher education, including 
     not less than 1 grant to an institution of higher education 
     in each State.
       ``(2) Condition.--As a condition of receiving a grant under 
     this subsection, an institution of higher education shall 
     agree to--
       ``(A) implement a public awareness campaign concerning the 
     project in the community in which the institution of higher 
     education is located; and
       ``(B) submit to the Secretary, and make available to the 
     public, reports on any efficiency improvements, energy cost 
     savings, and environmental benefits achieved as part of a 
     project carried out under paragraph (1).
       ``(c) Grants for Innovation in Energy Sustainability.--
       ``(1) In general.--The Secretary shall award not more than 
     250 grants to institutions of higher education to engage in 
     innovative energy sustainability projects, including not less 
     than 2 grants to institutions of higher education in each 
     State.
       ``(2) Innovation projects.--An innovation project carried 
     out with a grant under this subsection shall--
       ``(A) involve--
       ``(i) an innovative technology that is not yet commercially 
     available; or
       ``(ii) available technology in an innovative application 
     that maximizes energy efficiency and sustainability;
       ``(B) have the greatest potential for testing or 
     demonstrating new technologies or processes; and
       ``(C) ensure active student participation in the project, 
     including the planning, implementation, evaluation, and other 
     phases of the project.
       ``(3) Condition.--As a condition of receiving a grant under 
     this subsection, an institution of higher education shall 
     agree to submit to the Secretary, and make available to the 
     public, reports that describe the results of the projects 
     carried out under paragraph (1).
       ``(d) Awarding of Grants.--
       ``(1) Application.--An institution of higher education that 
     seeks to receive a grant under this section may submit to the 
     Secretary an application for the grant at such time, in such 
     form, and containing such information as the Secretary may 
     prescribe.
       ``(2) Selection.--The Secretary shall establish a committee 
     to assist in the selection of grant recipients under this 
     section.
       ``(e) Allocation to Institutions of Higher Education With 
     Small Endowments.--Of the amount of grants provided for a 
     fiscal year under this section, the Secretary shall provide 
     not less 50 percent of the amount to institutions of higher 
     education that have an endowment of not more than 
     $100,000,000, with 50 percent of the allocation set aside for 
     institutions of higher education that have an endowment of 
     not more than $50,000,000.
       ``(f) Grant Amounts.--The maximum amount of grants for a 
     project under this section shall not exceed--
       ``(1) in the case of grants for energy efficiency 
     improvement under subsection (b), $1,000,000; or
       ``(2) in the case of grants for innovation in energy 
     sustainability under subsection (c), $500,000.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section for each of fiscal years 2008 through 
     2012.''.

     SEC. 277. WORKFORCE TRAINING.

       Section 1101 of the Energy Policy Act of 2005 (42 U.S.C. 
     16411) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following:
       ``(d) Workforce Training.--
       ``(1) In general.--The Secretary, in cooperation with the 
     Secretary of Labor, shall promulgate regulations to implement 
     a program to provide workforce training to meet the high 
     demand for workers skilled in the energy efficiency and 
     renewable energy industries.
       ``(2) Consultation.--In carrying out this subsection, the 
     Secretary shall consult with representatives of the energy 
     efficiency and renewable energy industries concerning skills 
     that are needed in those industries.''.

     SEC. 278. ASSISTANCE TO STATES TO REDUCE SCHOOL BUS IDLING.

       (a) Statement of Policy.--Congress encourages each local 
     educational agency (as defined in section 9101(26) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801(26))) that receives Federal funds under the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) 
     to develop a policy to reduce the incidence of school bus 
     idling at schools while picking up and unloading students.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary, working in coordination 
     with the Secretary of Education, $5,000,000 for each of 
     fiscal years 2007 through 2012 for use in educating States 
     and local education agencies about--
       (1) benefits of reducing school bus idling; and
       (2) ways in which school bus idling may be reduced.
   TITLE III--CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, AND 
                             DEMONSTRATION

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Carbon Capture and 
     Sequestration Act of 2007''.

     SEC. 302. CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, 
                   AND DEMONSTRATION PROGRAM.

       Section 963 of the Energy Policy Act of 2005 (42 U.S.C. 
     16293) is amended--
       (1) in the section heading, by striking ``RESEARCH AND 
     DEVELOPMENT'' and inserting ``AND STORAGE RESEARCH, 
     DEVELOPMENT, AND DEMONSTRATION'';
       (2) in subsection (a)--
       (A) by striking ``research and development'' and inserting 
     ``and storage research, development, and demonstration''; and
       (B) by striking ``capture technologies on combustion-based 
     systems'' and inserting ``capture and storage technologies 
     related to energy systems'';
       (3) in subsection (b)--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) to expedite and carry out large-scale testing of 
     carbon sequestration systems in a range of geological 
     formations that will provide information on the cost and 
     feasibility of deployment of sequestration technologies.''; 
     and
       (4) by striking subsection (c) and inserting the following:
       ``(c) Programmatic Activities.--
       ``(1) Energy research and development underlying carbon 
     capture and storage technologies and carbon use activities.--

[[Page 13021]]

       ``(A) In general.--The Secretary shall carry out 
     fundamental science and engineering research (including 
     laboratory-scale experiments, numeric modeling, and 
     simulations) to develop and document the performance of new 
     approaches to capture and store, recycle, or reuse carbon 
     dioxide.
       ``(B) Program integration.--The Secretary shall ensure that 
     fundamental research carried out under this paragraph is 
     appropriately applied to energy technology development 
     activities, the field testing of carbon sequestration, and 
     carbon use activities, including--
       ``(i) development of new or improved technologies for the 
     capture of carbon dioxide;
       ``(ii) development of new or improved technologies that 
     reduce the cost and increase the efficacy of the compression 
     of carbon dioxide required for the storage of carbon dioxide;
       ``(iii) modeling and simulation of geological sequestration 
     field demonstrations;
       ``(iv) quantitative assessment of risks relating to 
     specific field sites for testing of sequestration 
     technologies; and
       ``(v) research and development of new and improved 
     technologies for carbon use, including recycling and reuse of 
     carbon dioxide.
       ``(2) Carbon capture demonstration project.--
       ``(A) In general.--The Secretary shall carry out a 
     demonstration of large-scale carbon dioxide capture from an 
     appropriate gasification facility selected by the Secretary.
       ``(B) Link to storage activities.--The Secretary may 
     require the use of carbon dioxide from the project carried 
     out under subparagraph (A) in a field testing validation 
     activity under this section.
       ``(3) Field validation testing activities.--
       ``(A) In general.--The Secretary shall promote, to the 
     maximum extent practicable, regional carbon sequestration 
     partnerships to conduct geologic sequestration tests 
     involving carbon dioxide injection and monitoring, 
     mitigation, and verification operations in a variety of 
     candidate geological settings, including--
       ``(i) operating oil and gas fields;
       ``(ii) depleted oil and gas fields;
       ``(iii) unmineable coal seams;
       ``(iv) deep saline formations;
       ``(v) deep geological systems that may be used as 
     engineered reservoirs to extract economical quantities of 
     heat from geothermal resources of low permeability or 
     porosity; and
       ``(vi) deep geologic systems containing basalt formations.
       ``(B) Objectives.--The objectives of tests conducted under 
     this paragraph shall be--
       ``(i) to develop and validate geophysical tools, analysis, 
     and modeling to monitor, predict, and verify carbon dioxide 
     containment;
       ``(ii) to validate modeling of geological formations;
       ``(iii) to refine storage capacity estimated for particular 
     geological formations;
       ``(iv) to determine the fate of carbon dioxide concurrent 
     with and following injection into geological formations;
       ``(v) to develop and implement best practices for 
     operations relating to, and monitoring of, injection and 
     storage of carbon dioxide in geologic formations;
       ``(vi) to assess and ensure the safety of operations 
     related to geological storage of carbon dioxide; and
       ``(vii) to allow the Secretary to promulgate policies, 
     procedures, requirements, and guidance to ensure that the 
     objectives of this subparagraph are met in large-scale 
     testing and deployment activities for carbon capture and 
     storage that are funded by the Department of Energy.
       ``(4) Large-scale testing and deployment.--
       ``(A) In general.--The Secretary shall conduct not less 
     than 7 initial large-volume sequestration tests for 
     geological containment of carbon dioxide (at least 1 of which 
     shall be international in scope) to validate information on 
     the cost and feasibility of commercial deployment of 
     technologies for geological containment of carbon dioxide.
       ``(B) Diversity of formations to be studied.--In selecting 
     formations for study under this paragraph, the Secretary 
     shall consider a variety of geological formations across the 
     United States, and require characterization and modeling of 
     candidate formations, as determined by the Secretary.
       ``(5) Preference in project selection from meritorious 
     proposals.--In making competitive awards under this 
     subsection, subject to the requirements of section 989, the 
     Secretary shall give preference to proposals from 
     partnerships among industrial, academic, and government 
     entities.
       ``(6) Cost sharing.--Activities under this subsection shall 
     be considered research and development activities that are 
     subject to the cost-sharing requirements of section 988(b).
       ``(7) Program review and report.--During fiscal year 2011, 
     the Secretary shall--
       ``(A) conduct a review of programmatic activities carried 
     out under this subsection; and
       ``(B) make recommendations with respect to continuation of 
     the activities.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $150,000,000 for fiscal year 2008;
       ``(2) $200,000,000 for fiscal year 2009;
       ``(3) $200,000,000 for fiscal year 2010;
       ``(4) $180,000,000 for fiscal year 2011; and
       ``(5) $165,000,000 for fiscal year 2012.''.

     SEC. 303. CARBON DIOXIDE STORAGE CAPACITY ASSESSMENT.

       (a) Definitions.--In this section
       (1) Assessment.--The term ``assessment'' means the national 
     assessment of capacity for carbon dioxide completed under 
     subsection (f).
       (2) Capacity.--The term ``capacity'' means the portion of a 
     storage formation that can retain carbon dioxide in 
     accordance with the requirements (including physical, 
     geological, and economic requirements) established under the 
     methodology developed under subsection (b).
       (3) Engineered hazard.--The term ``engineered hazard'' 
     includes the location and completion history of any well that 
     could affect potential storage.
       (4) Risk.--The term ``risk'' includes any risk posed by 
     geomechanical, geochemical, hydrogeological, structural, and 
     engineered hazards.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the United 
     States Geological Survey.
       (6) Storage formation.--The term ``storage formation'' 
     means a deep saline formation, unmineable coal seam, or oil 
     or gas reservoir that is capable of accommodating a volume of 
     industrial carbon dioxide.
       (b) Methodology.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall develop a 
     methodology for conducting an assessment under subsection 
     (f), taking into consideration--
       (1) the geographical extent of all potential storage 
     formations in all States;
       (2) the capacity of the potential storage formations;
       (3) the injectivity of the potential storage formations;
       (4) an estimate of potential volumes of oil and gas 
     recoverable by injection and storage of industrial carbon 
     dioxide in potential storage formations;
       (5) the risk associated with the potential storage 
     formations; and
       (6) the Carbon Sequestration Atlas of the United States and 
     Canada that was completed by the Department of Energy in 
     April 2006.
       (c) Coordination.--
       (1) Federal coordination.--
       (A) Consultation.--The Secretary shall consult with the 
     Secretary of Energy and the Administrator of the 
     Environmental Protection Agency on issues of data sharing, 
     format, development of the methodology, and content of the 
     assessment required under this title to ensure the maximum 
     usefulness and success of the assessment.
       (B) Cooperation.--The Secretary of Energy and the 
     Administrator shall cooperate with the Secretary to ensure, 
     to the maximum extent practicable, the usefulness and success 
     of the assessment.
       (2) State coordination.--The Secretary shall consult with 
     State geological surveys and other relevant entities to 
     ensure, to the maximum extent practicable, the usefulness and 
     success of the assessment.
       (d) External Review and Publication.--On completion of the 
     methodology under subsection (b), the Secretary shall--
       (1) publish the methodology and solicit comments from the 
     public and the heads of affected Federal and State agencies;
       (2) establish a panel of individuals with expertise in the 
     matters described in paragraphs (1) through (5) of subsection 
     (b) composed, as appropriate, of representatives of Federal 
     agencies, institutions of higher education, nongovernmental 
     organizations, State organizations, industry, and 
     international geoscience organizations to review the 
     methodology and comments received under paragraph (1); and
       (3) on completion of the review under paragraph (2), 
     publish in the Federal Register the revised final 
     methodology.
       (e) Periodic Updates.--The methodology developed under this 
     section shall be updated periodically (including at least 
     once every 5 years) to incorporate new data as the data 
     becomes available.
       (f) National Assessment.--
       (1) In general.--Not later than 2 years after the date of 
     publication of the methodology under subsection (d)(1), the 
     Secretary, in consultation with the Secretary of Energy and 
     State geological surveys, shall complete a national 
     assessment of capacity for carbon dioxide in accordance with 
     the methodology.
       (2) Geological verification.--As part of the assessment 
     under this subsection, the Secretary shall carry out a 
     drilling program to supplement the geological data relevant 
     to determining storage capacity of carbon dioxide in 
     geological storage formations, including--
       (A) well log data;
       (B) core data; and
       (C) fluid sample data.
       (3) Partnership with other drilling programs.--As part of 
     the drilling program under paragraph (2), the Secretary shall 
     enter, as appropriate, into partnerships with other entities 
     to collect and integrate data from other drilling programs 
     relevant to the

[[Page 13022]]

     storage of carbon dioxide in geologic formations.
       (4) Incorporation into natcarb.--
       (A) In general.--On completion of the assessment, the 
     Secretary of Energy shall incorporate the results of the 
     assessment using the NatCarb database, to the maximum extent 
     practicable.
       (B) Ranking.--The database shall include the data necessary 
     to rank potential storage sites for capacity and risk, across 
     the United States, within each State, by formation, and 
     within each basin.
       (5) Report.--Not later than 180 days after the date on 
     which the assessment is completed, the Secretary shall submit 
     to the Committee on Energy and Natural Resources of the 
     Senate and the Committee on Science and Technology of the 
     House of Representatives a report describing the findings 
     under the assessment.
       (6) Periodic updates.--The national assessment developed 
     under this section shall be updated periodically (including 
     at least once every 5 years) to support public and private 
     sector decisionmaking.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $30,000,000 for 
     the period of fiscal years 2008 through 2012.

     SEC. 304. CARBON CAPTURE AND STORAGE INITIATIVE.

       (a) Definitions.--In this section:
       (1) Industrial sources of carbon dioxide.--The term 
     ``industrial sources of carbon dioxide'' means one or more 
     facilities to--
       (A) generate electric energy from fossil fuels;
       (B) refine petroleum;
       (C) manufacture iron or steel;
       (D) manufacture cement or cement clinker;
       (E) manufacture commodity chemicals (including from coal 
     gasification); or
       (F) manufacture transportation fuels from coal.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (b) Program Establishment.--
       (1) In general.--The Secretary shall carry out a program to 
     demonstrate technologies for the large-scale capture of 
     carbon dioxide from industrial sources of carbon dioxide.
       (2) Scope of award.--An award under this section shall be 
     only for the portion of the project that carries out the 
     large-scale capture (including purification and compression) 
     of carbon dioxide, as well as the cost of transportation and 
     injection of carbon dioxide.
       (3) Qualifications for award.--To be eligible for an award 
     under this section, a project proposal must include the 
     following:
       (A) Capacity.--The capture of not less than eighty-five 
     percent of the produced carbon dioxide at the facility, and 
     not less than 500,000 short tons of carbon dioxide per year.
       (B) Storage agreement.--A binding agreement for the storage 
     of all of the captured carbon dioxide in--
       (i) a field testing validation activity under section 963 
     of the Energy Policy Act of 2005, as amended by this Act; or
       (ii) other geological storage projects approved by the 
     Secretary.
       (C) Purity level.--A purity level of at least 95 percent 
     for the captured carbon dioxide delivered for storage.
       (D) Commitment to continued operation of successful unit.--
     If the project successfully demonstrates capture and storage 
     of carbon dioxide, a commitment to continued capture and 
     storage of carbon dioxide after the conclusion of the 
     demonstration.
       (4) Cost-sharing.--The cost-sharing requirements of section 
     988 of the Energy Policy Act of 2005 shall apply to this 
     section.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $100,000,000 per year for fiscal years 2009 through 2013.
               TITLE IV--PUBLIC BUILDINGS COST REDUCTION

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Public Buildings Cost 
     Reduction Act of 2007''.

     SEC. 402. COST-EFFECTIVE TECHNOLOGY ACCELERATION PROGRAM.

       (a) Establishment.--
       (1) In general.--The Administrator of General Services 
     (referred to in this section as the ``Administrator'') shall 
     establish a program to accelerate the use of more cost-
     effective technologies and practices at GSA facilities.
       (2) Requirements.--The program established under this 
     subsection shall--
       (A) ensure centralized responsibility for the coordination 
     of cost reduction recommendations, practices, and activities 
     of all relevant Federal agencies;
       (B) provide technical assistance and operational guidance 
     to applicable tenants in order to achieve the goals 
     identified in subsection (c)(2)(A); and
       (C) establish methods to track the success of departments 
     and agencies with respect to the goals identified in 
     subsection (c)(2)(A).
       (b) Accelerated Use of Cost-Effective Lighting 
     Technologies.--
       (1) Review.--
       (A) In general.--As part of the program under this 
     subsection, not later than 90 days after the date of 
     enactment of this Act, the Administrator shall conduct a 
     review of--
       (i) current use of cost-effective lighting technologies in 
     GSA facilities; and
       (ii) the availability to managers of GSA facilities of 
     cost-effective lighting technologies.
       (B) Requirements.--The review under subparagraph (A) 
     shall--
       (i) examine the use of cost-effective lighting technologies 
     and other cost-effective technologies and practices by 
     Federal agencies in GSA facilities; and
       (ii) identify, in consultation with the Environmental 
     Protection Agency, cost-effective lighting technology 
     standards that could be used for all types of GSA facilities.
       (2) Replacement.--
       (A) In general.--As part of the program under this 
     subsection, not later than 180 days after the date of 
     enactment of this Act, the Administrator shall establish a 
     cost-effective lighting technology acceleration program to 
     achieve maximum feasible replacement of existing lighting 
     technologies with more cost-effective lighting technologies 
     in each GSA facility using available appropriations.
       (B) Acceleration plan timetable.--
       (i) In general.--To implement the program established under 
     subparagraph (A), not later than 1 year after the date of 
     enactment of this Act, the Administrator shall establish a 
     timetable including milestones for specific activities needed 
     to replace existing lighting technologies with more cost-
     effective lighting technologies, to the maximum extent 
     feasible (including at the maximum rate feasible), at each 
     GSA facility.
       (ii) Goal.--The goal of the timetable under clause (i) 
     shall be to complete, using available appropriations, maximum 
     feasible replacement of existing lighting technologies with 
     more cost-effective lighting technologies by not later than 
     the date that is 5 years after the date of enactment of this 
     Act.
       (c) GSA Facility Cost-Effective Technologies and 
     Practices.--Not later than 180 days after the date of 
     enactment of this Act, and annually thereafter, the 
     Administrator shall--
       (1) ensure that a manager responsible for accelerating the 
     use of cost-effective technologies and practices is 
     designated for each GSA facility; and
       (2) submit to Congress a plan, to be implemented to the 
     maximum extent feasible (including at the maximum rate 
     feasible) using available appropriations, by not later than 
     the date that is 5 years after the date of enactment of this 
     Act, that--
       (A) identifies the specific activities needed to achieve a 
     20-percent reduction in operational costs through the 
     application of cost-effective technologies and practices from 
     2003 levels at GSA facilities by not later than 5 years after 
     the date of enactment of this Act;
       (B) describes activities required and carried out to 
     estimate the funds necessary to achieve the reduction 
     described in subparagraph (A);
       (C) describes the status of the implementation of cost-
     effective technologies and practices at GSA facilities, 
     including--
       (i) the extent to which programs, including the program 
     established under subsection (b), are being carried out in 
     accordance with this title; and
       (ii) the status of funding requests and appropriations for 
     those programs;
       (D) identifies within the planning, budgeting, and 
     construction process all types of GSA facility-related 
     procedures that inhibit new and existing GSA facilities from 
     implementing cost-effective technologies and practices;
       (E) recommends language for uniform standards for use by 
     Federal agencies in implementing cost-effective technologies 
     and practices;
       (F) in coordination with the Office of Management and 
     Budget, reviews the budget process for capital programs with 
     respect to alternatives for--
       (i) permitting Federal agencies to retain all identified 
     savings accrued as a result of the use of cost-effective 
     technologies and practices; and
       (ii) identifying short- and long-term cost savings that 
     accrue from cost-effective technologies and practices;
       (G) achieves cost savings through the application of cost-
     effective technologies and practices sufficient to pay the 
     incremental additional costs of installing the cost-effective 
     technologies and practices by not later than the date that is 
     5 years after the date of installation; and
       (H) includes recommendations to address each of the 
     matters, and a plan for implementation of each 
     recommendation, described in subparagraphs (A) through (G).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section, to remain available until expended.

     SEC. 403. ENVIRONMENTAL PROTECTION AGENCY DEMONSTRATION GRANT 
                   PROGRAM FOR LOCAL GOVERNMENTS.

       (a) Grant Program.--
       (1) In general.--The Administrator of the Environmental 
     Protection Agency (referred to in this section as the 
     ``Administrator'') shall establish a demonstration program 
     under which the Administrator shall provide

[[Page 13023]]

     competitive grants to assist local governments (such as 
     municipalities and counties), with respect to local 
     government buildings--
       (A) to deploy cost-effective technologies and practices; 
     and
       (B) to achieve operational cost savings, through the 
     application of cost-effective technologies and practices, as 
     verified by the Administrator.
       (2) Cost sharing.--
       (A) In general.--The Federal share of the cost of an 
     activity carried out using a grant provided under this 
     section shall be 40 percent.
       (B) Waiver of non-federal share.--The Administrator may 
     waive up to 100 percent of the local share of the cost of any 
     grant under this section should the Administrator determine 
     that the community is economically distressed, pursuant to 
     objective economic criteria established by the Administrator 
     in published guidelines.
       (3) Maximum amount.--The amount of a grant provided under 
     this subsection shall not exceed $1,000,000.
       (b) Guidelines.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall issue 
     guidelines to implement the grant program established under 
     subsection (a).
       (2) Requirements.--The guidelines under paragraph (1) shall 
     establish--
       (A) standards for monitoring and verification of 
     operational cost savings through the application of cost-
     effective technologies and practices reported by grantees 
     under this section;
       (B) standards for grantees to implement training programs, 
     and to provide technical assistance and education, relating 
     to the retrofit of buildings using cost-effective 
     technologies and practices; and
       (C) a requirement that each local government that receives 
     a grant under this section shall achieve facility-wide cost 
     savings, through renovation of existing local government 
     buildings using cost-effective technologies and practices, of 
     at least 40 percent as compared to the baseline operational 
     costs of the buildings before the renovation (as calculated 
     assuming a 3-year, weather-normalized average).
       (c) Compliance With State and Local Law.--Nothing in this 
     section or any program carried out using a grant provided 
     under this section supersedes or otherwise affects any State 
     or local law, to the extent that the State or local law 
     contains a requirement that is more stringent than the 
     relevant requirement of this section.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000 for 
     each of fiscal years 2007 through 2012.
       (e) Reports.--
       (1) In general.--The Administrator shall provide annual 
     reports to Congress on cost savings achieved and actions 
     taken and recommendations made under this section, and any 
     recommendations for further action.
       (2) Final report.--The Administrator shall issue a final 
     report at the conclusion of the program, including findings, 
     a summary of total cost savings achieved, and recommendations 
     for further action.
       (f) Termination.--The program under this section shall 
     terminate on September 30, 2012.

     SEC. 404. DEFINITIONS.

       In this title:
       (1) Cost-effective lighting technology.--
       (A) In general.--The term ``cost-effective lighting 
     technology'' means a lighting technology that--
       (i) will result in substantial operational cost savings by 
     ensuring an installed consumption of not more than 1 watt per 
     square foot; or
       (ii) is contained in a list under--

       (I) section 553 of Public Law 95-619 (42 U.S.C. 8259b); and
       (II) Federal acquisition regulation 23-203.

       (B) Inclusions.--The term ``cost-effective lighting 
     technology'' includes--
       (i) lamps;
       (ii) ballasts;
       (iii) luminaires;
       (iv) lighting controls;
       (v) daylighting; and
       (vi) early use of other highly cost-effective lighting 
     technologies.
       (2) Cost-effective technologies and practices.--The term 
     ``cost-effective technologies and practices'' means a 
     technology or practice that--
       (A) will result in substantial operational cost savings by 
     reducing utility costs; and
       (B) complies with the provisions of section 553 of Public 
     Law 95-619 (42 U.S.C. 8259b) and Federal acquisition 
     regulation 23-203.
       (3) Operational cost savings.--
       (A) In general.--The term ``operational cost savings'' 
     means a reduction in end-use operational costs through the 
     application of cost-effective technologies and practices, 
     including a reduction in electricity consumption relative to 
     consumption by the same customer or at the same facility in a 
     given year, as defined in guidelines promulgated by the 
     Administrator pursuant to section 403(b), that achieves cost 
     savings sufficient to pay the incremental additional costs of 
     using cost-effective technologies and practices by not later 
     than the date that is 5 years after the date of installation.
       (B) Inclusions.--The term ``operational cost savings'' 
     includes savings achieved at a facility as a result of--
       (i) the installation or use of cost-effective technologies 
     and practices; or
       (ii) the planting of vegetation that shades the facility 
     and reduces the heating, cooling, or lighting needs of the 
     facility.
       (C) Exclusion.--The term ``operational cost savings'' does 
     not include savings from measures that would likely be 
     adopted in the absence of cost-effective technology and 
     practices programs, as determined by the Administrator.
       (4) GSA facility.--
       (A) In general.--The term ``GSA facility'' means any 
     building, structure, or facility, in whole or in part 
     (including the associated support systems of the building, 
     structure, or facility) that--
       (i) is constructed (including facilities constructed for 
     lease), renovated, or purchased, in whole or in part, by the 
     Administrator for use by the Federal Government; or
       (ii) is leased, in whole or in part, by the Administrator 
     for use by the Federal Government--

       (I) except as provided in subclause (II), for a term of not 
     less than 5 years; or
       (II) for a term of less than 5 years, if the Administrator 
     determines that use of cost-effective technologies and 
     practices would result in the payback of expenses.

       (B) Inclusion.--The term ``GSA facility'' includes any 
     group of buildings, structures, or facilities described in 
     subparagraph (A) (including the associated energy-consuming 
     support systems of the buildings, structures, and 
     facilities).
       (C) Exemption.--The Administrator may exempt from the 
     definition of ``GSA facility'' under this paragraph a 
     building, structure, or facility that meets the requirements 
     of section 543(c) of Public Law 95-619 (42 U.S.C. 8253(c)).

           TITLE V--CORPORATE AVERAGE FUEL ECONOMY STANDARDS

     SEC. 501. SHORT TITLE.

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

     SEC. 502. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES, 
                   MEDIUM-DUTY TRUCKS, AND HEAVY DUTY TRUCKS.

       (a) Increased Standards.--Section 32902 of title 49, United 
     States Code, is amended--
       (1) by striking ``Non-Passenger Automobiles.--'' in 
     subsection (a) and inserting ``Prescription of Standards by 
     Regula-  tion.--'';
       (2) by striking ``automobiles (except passenger 
     automobiles)'' in subsection (a) and inserting ``automobiles, 
     medium-duty trucks, and heavy-duty trucks''; and
       (3) by striking subsection (b) and inserting the following:
       ``(b) Standards for Automobiles, Medium-Duty Trucks, and 
     Heavy-Duty Trucks.--
       ``(1) In general.--The Secretary of Transportation, after 
     consultation with the Administrator of the Environmental 
     Protection Agency, shall prescribe average fuel economy 
     standards for automobiles, medium-duty trucks, and heavy-duty 
     trucks manufactured by a manufacturer in each model year 
     beginning with model year 2011 in accordance with subsection 
     (c).
       ``(2) Annual increases in fuel economy standards.--
       ``(A) Baseline average fuel economy standards for medium- 
     and heavy-duty trucks.--For the first 2 model years beginning 
     after the submission to Congress of the initial report by the 
     National Academy of Sciences required by section 510 of the 
     Ten-in-Ten Fuel Economy Act, the average fuel economy 
     required to be attained for each attribute class of medium-
     duty trucks and heavy-duty trucks shall be the average 
     combined highway and city miles-per-gallon performance of all 
     vehicles within that class in the model year immediately 
     preceding the first of those 2 model years (rounded to the 
     nearest \1/10\ mile per gallon).
       ``(B) Medium- and heavy-duty truck fuel economy average 
     after baseline model year.--For each model year beginning 
     after the 2 model years specified in subparagraph (A), the 
     average fuel economy required to be attained by the fleet of 
     medium-duty trucks and heavy-duty trucks manufactured in the 
     United States shall be at least 4 percent greater than the 
     average fuel economy required to be attained for the fleet in 
     the previous model year (rounded to the nearest \1/10\ mile 
     per gallon). Standards shall be issued for medium-duty trucks 
     and heavy-duty trucks for 20 model years.
       ``(3) Fuel economy target for automobiles.--
       ``(A) Baseline average fuel economy standards for 
     automobiles.--The Secretary shall prescribe average fuel 
     economy standards for automobiles in each model year 
     beginning with model year 2011 to achieve a combined fuel 
     economy standard for model year 2020 of at least 35 miles per 
     gallon for the fleet of automobiles manufactured or sold in 
     the United States. The average fuel economy standards 
     prescribed by the Secretary shall be the maximum feasible 
     average fuel economy standards for model years 2011 through 
     2019.
       ``(B) Automobile fuel economy average for model years 2021 
     through 2030.--For model years 2021 through 2030, the average 
     fuel economy required to be attained by the

[[Page 13024]]

     fleet of automobiles manufactured or sold in the United 
     States shall be at least 4 percent greater than the average 
     fuel economy standard required to be attained for the fleet 
     in the previous model year (rounded to the nearest \1/10\ 
     mile per gallon).''.
       (b) Authority of Secretary.--Section 32902 of title 49, 
     United States Code, is amended by adding at the end thereof 
     the following:
       ``(k) Authority of the Secretary.--
       ``(1) Vehicle attributes.--The authority of the Secretary 
     to prescribe by regulation average fuel economy standards for 
     automobiles, medium-duty trucks, and heavy-duty trucks under 
     this section includes the authority--
       ``(A) to prescribe standards based on vehicle attributes 
     and to express the standards in the form of a mathematical 
     function; and
       ``(B) to issue regulations under this title prescribing 
     average fuel economy standards for 1 or more model years.
       ``(2) Prohibition of uniform percentage increase.--When the 
     Secretary prescribes a standard, or prescribes an amendment 
     under this section that changes a standard, the standard may 
     not be expressed as a uniform percentage increase from the 
     fuel-economy performance of attribute classes or categories 
     already achieved in a model year by a manufacturer.''.

     SEC. 503. AMENDING FUEL ECONOMY STANDARDS.

       (a) In General.--Section 32902(c) of title 49, United 
     States Code, is amended to read as follows:
       ``(c) Amending Fuel Economy Standards.--
       ``(1) In general.--Notwithstanding subsections (a) and (b), 
     the Secretary of Transportation--
       ``(A) may prescribe a standard higher than that required 
     under subsection (b); or
       ``(B) may prescribe an average fuel economy standard for a 
     class of automobiles, medium-duty trucks, or heavy-duty 
     trucks that is the maximum feasible level for the model year, 
     despite being lower than the standard required under 
     subsection (b), if the Secretary, based on clear and 
     convincing evidence, that the average fuel economy standard 
     prescribed in accordance with subsections (a) and (b) for 
     that class of vehicles in that model year is shown not to be 
     cost-effective.
       ``(2) Requirements for lower standard.--Before adopting an 
     average fuel economy standard for a class of automobiles, 
     medium-duty trucks, or heavy-duty trucks in a model year 
     under paragraph (1)(B), the Secretary of Transportation shall 
     do the following:
       ``(A) Notice of proposed rule.--Except for standards to be 
     promulgated by 2011, at least 30 months before the model year 
     for which the standard is to apply, the Secretary shall post 
     a notice of proposed rulemaking for the proposed standard. 
     The notice shall include a detailed analysis of the basis for 
     the Secretary's determination under paragraph (1)(B).
       ``(B) Final rule.--At least 18 months before the model year 
     for which the standard is to apply, the Secretary shall 
     promulgate a final rule establishing the standard.
       ``(C) Report.--The Secretary shall submit a report to 
     Congress that outlines the steps that need to be taken to 
     avoid further reductions in average fuel economy standards.
       ``(3) Maximum feasible standard.--An average fuel economy 
     standard prescribed for a class of automobiles, medium-duty 
     trucks, or heavy-duty trucks in a model year under paragraph 
     (1) shall be the maximum feasible standard.''.
       (b) Feasibility Criteria.--Section 32902(f) of title 49, 
     United States Code, is amended to read as follows:
       ``(f) Decisions on Maximum Feasible Average Fuel Economy.--
       ``(1) In general.--When deciding maximum feasible average 
     fuel economy under this section, the Secretary shall 
     consider--
       ``(A) economic practicability;
       ``(B) the effect of other motor vehicle standards of the 
     Government on fuel economy;
       ``(C) environmental impacts; and
       ``(D) the need of the United States to conserve energy.
       ``(2) Limitations.--In setting any standard under 
     subsection (b), (c), or (d), the Secretary shall ensure that 
     each standard is the highest standard that--
       ``(A) is technologically achievable;
       ``(B) can be achieved without materially reducing the 
     overall safety of automobiles, medium-duty trucks, and heavy-
     duty trucks manufactured or sold in the United States;
       ``(C) is not less than the standard for that class of 
     vehicles from any prior year; and
       ``(D) is cost-effective.
       ``(3) Determining cost-effectiveness.--
       ``(A) In general.--In determining cost effectiveness under 
     paragraph (2)(D), the Secretary shall take into account the 
     total value to the United States of reduced fuel use, 
     including the monetary value of the reduced fuel use over the 
     life of the vehicle.
       ``(B) Additional factors for consideration by secretary.--
     The Secretary shall consider in the analysis the following 
     factors:
       ``(i) Economic security.
       ``(ii) The impact of the oil or energy intensity of the 
     United States economy on the sensitivity of the economy to 
     oil and other fuel price changes, including the magnitude of 
     gross domestic product losses in response to short term price 
     shocks or long term price increases.
       ``(iii) National security, including the impact of United 
     States payments for oil and other fuel imports on political, 
     economic, and military developments in unstable or unfriendly 
     oil-exporting countries.
       ``(iv) The uninternalized costs of pipeline and storage oil 
     seepage, and for risk of oil spills from production, 
     handling, and transport, and related landscape damage.
       ``(v) The emissions of pollutants including greenhouse 
     gases over the lifecycle of the fuel and the resulting costs 
     to human health, the economy, and the environment.
       ``(vi) Such additional factors as the Secretary deems 
     relevant.
       ``(4) Minimum valuation.--When considering the value to 
     consumers of a gallon of gasoline saved, the Secretary of 
     Transportation shall use as a minimum value the value of the 
     gasoline prices projected by the Energy Information 
     Administration for the period covered by the standard 
     beginning in the year following the year in which the 
     standards are established.
       ``(5) Cost-effective defined.--In this subsection, the term 
     `cost-effective' means that the total value to the United 
     States of reduced fuel use from a proposed fuel economy 
     standard is greater than or equal to the total cost to the 
     United States of such standard. Notwithstanding this 
     definition, the Secretary shall not base the level of any 
     standard on any technology whose cost to the United States is 
     substantially more than the value to the United States of the 
     reduction in fuel use attributable to that technology.''.
       (c) Consultation Requirement.--Section 32902(i) of title 
     49, United States Code, is amended by inserting ``and the 
     Administrator of the Environmental Protection Agency'' after 
     ``Energy''.
       (d) Comments.--Section 32902(j) of title 49, United States 
     Code, is amended--
       (1) by striking paragraph (1) and inserting:
       ``(1) Before issuing a notice proposing to prescribe or 
     amend an average fuel economy standard under subsection (b), 
     (c), or (g) of this section, the Secretary of Transportation 
     shall give the Secretary of Energy and Administrator of the 
     Environmental Protection Agency at least 10 days after the 
     receipt of the notice during which the Secretary of Energy 
     and Administrator may, if the Secretary of Energy or 
     Administrator concludes that the proposed standard would 
     adversely affect the conservation goals of the Secretary of 
     Energy or environmental protection goals of the 
     Administrator, provide written comments to the Secretary of 
     Transportation about the impact of the standard on those 
     goals. To the extent the Secretary of Transportation does not 
     revise a proposed standard to take into account comments of 
     the Secretary of Energy or Administrator on any adverse 
     impact of the standard, the Secretary of Transportation shall 
     include those comments in the notice.''; and
       (2) by inserting ``and the Administrator'' after ``Energy'' 
     each place it appears in paragraph (2).
       (e) Technical and Conforming Amendments.--
       (1) Section 32902(d) of title 49, United States Code, is 
     amended by striking ``passenger'' each place it appears.
       (2) Section 32902(g) of title 49, United States Code, is 
     amended--
       (A) by striking ``subsection (a) or (d)'' each place it 
     appears in paragraph (1) and inserting ``subsection (b), (c), 
     or (d)''; and
       (B) striking ``(and submit the amendment to Congress when 
     required under subsection (c)(2) of this section)'' in 
     paragraph (2).

     SEC. 504. DEFINITIONS.

       (a) In General.--Section 32901(a) of title 49, United 
     States Code, is amended--
       (1) by striking paragraph (3) and inserting the following:
       ``(3) except as provided in section 32908 of this title, 
     `automobile' means a 4-wheeled vehicle that is propelled by 
     fuel, or by alternative fuel, manufactured primarily for use 
     on public streets, roads, and highways (except a vehicle 
     operated only on a rail line), and rated at not more than 
     10,000 pounds gross vehicle weight.'';
       (2) by inserting after paragraph (10) the following:
       ``(10) `heavy-duty truck' means a truck (as defined in 
     section 30127) with a gross vehicle weight in excess of 
     26,000 pounds.'';
       (3) by inserting after paragraph (13) the following:
       ``(13) `medium-duty truck' means a truck (as defined in 
     section 30127) with a gross vehicle weight of at least 10,000 
     pounds but not more than 26,000 pounds.''; and
       (4) by striking paragraph (16).
       (b) Deadline for Regulations.--The Secretary of 
     Transportation--
       (1) shall issue proposed regulations implementing the 
     amendments made by subsection (a) not later than 1 year after 
     the date of the enactment of this Act; and
       (2) shall issue final regulations implementing the 
     amendments not later than 18 months after the date of the 
     enactment of this Act.
       (c) Effective Date.--Regulations prescribed under 
     subsection (b) shall apply beginning with model year 2010.

[[Page 13025]]



     SEC. 505. ENSURING SAFETY OF AUTOMOBILES.

       (a) In General.--The Secretary of Transportation shall 
     exercise such authority under Federal law as the Secretary 
     may have to ensure that automobiles (as defined in section 
     32901 of title 49, United States Code) are safe.
       (b) Vehicle Safety.--Subchapter II of chapter 301 of title 
     49, United States Code, is amended by adding at the end the 
     following:

     ``Sec. 30129. Vehicle compatibility and aggressivity 
       reduction standard

       ``(a) Standards.--The Secretary of Transportation shall 
     issue a motor vehicle safety standard to reduce automobile 
     incompatibility and aggressivity. The standard shall address 
     characteristics necessary to ensure better management of 
     crash forces in multiple vehicle frontal and side impact 
     crashes between different types, sizes, and weights of 
     automobiles with a gross vehicle weight of 10,000 pounds or 
     less in order to decrease occupant deaths and injuries.
       ``(b) Consumer Information.--The Secretary shall develop 
     and implement a public information side and frontal 
     compatibility crash test program with vehicle ratings based 
     on risks to occupants, risks to other motorists, and combined 
     risks by vehicle make and model.''.
       (c) Rulemaking Deadlines.--
       (1) Rulemaking.--The Secretary of Transportation shall 
     issue--
       (A) a notice of a proposed rulemaking under section 30129 
     of title 49, United States Code, not later than January 1, 
     2010; and
       (B) a final rule under such section not later than December 
     31, 2012.
       (2) Effective date of requirements.--Any requirement 
     imposed under the final rule issued under paragraph (1) shall 
     become fully effective not later than September 1, 2013.
       (d) Conforming Amendment.--The chapter analysis for chapter 
     301 is amended by inserting after the item relating to 
     section 30128 the following:

``30129. Vehicle compatibility and aggressivity reduction standard''.

     SEC. 506. CREDIT TRADING PROGRAM.

       Section 32903 of title 49, United States Code, is amended--
       (1) by striking ``passenger'' each place it appears;
       (2) by striking ``section 32902(b)-(d) of this title'' each 
     place it appears and inserting ``subsection (a), (c), or (d) 
     of section 32902'';
       (3) by striking ``3 consecutive model years'' in 
     subsections (a)(1) and (a)(2) and inserting ``5 consecutive 
     model years'';
       (4) in subsection (a)(2), by striking ``clause (1) of this 
     subsection,'' and inserting ``paragraph (1)''; and
       (5) by striking ``3 model years'' in subsection (b)(2) and 
     inserting ``5 model years''; and
       (6) by striking subsection (e) and inserting the following:
       ``(e) Credit Trading Among Manufacturers.--The Secretary of 
     Transportation may establish, by regulation, a corporate 
     average fuel economy credit trading program to allow 
     manufacturers whose automobiles exceed the average fuel 
     economy standards prescribed under section 32902 to earn 
     credits to be sold to manufacturers whose automobiles fail to 
     achieve the prescribed standards.''.

     SEC. 507. LABELS FOR FUEL ECONOMY AND GREENHOUSE GAS 
                   EMISSIONS.

       Section 32908 of title 49, United States Code, is amended--
       (1) by redesignating subparagraph (F) of subsection (b)(1) 
     as subparagraph (H) and inserting after subparagraph (E) the 
     following:
       ``(F) a label (or a logo imprinted on a label required by 
     this paragraph) that--
       ``(i) reflects an automobile's performance on the basis of 
     criteria developed by the Administrator to reflect the fuel 
     economy and greenhouse gas and other emissions consequences 
     of operating the automobile over its likely useful life;
       ``(ii) permits consumers to compare performance results 
     under clause (i) among all automobiles; and
       ``(iii) is designed to encourage the manufacture and sale 
     of automobiles that meet or exceed applicable fuel economy 
     standards under section 32902.
       ``(G) a fuelstar under paragraph (5).''; and
       (2) by adding at the end of subsection (b) the following:
       ``(4) Green Label Program.--
       ``(A) Marketing analysis.--Not later than 2 years after the 
     date of the enactment of the Ten-in-Ten Fuel Economy Act, the 
     Administrator shall implement a consumer education program 
     and execute marketing strategies to improve consumer 
     understanding of automobile performance described in 
     paragraph (1)(F).
       ``(B) Eligibility.--Not later than 3 years after the date 
     described in subparagraph (A), the Administrator shall issue 
     requirements for the label or logo required under paragraph 
     (1)(F) to ensure that an automobile is not eligible for the 
     label or logo unless it--
       ``(i) meets or exceeds the applicable fuel economy 
     standard; or
       ``(ii) will have the lowest greenhouse gas emissions over 
     the useful life of the vehicle of all vehicles in the vehicle 
     attribute class to which it belongs in that model year.
       ``(5) Fuelstar Program.--
       ``(A) In general.--The Secretary shall establish a program, 
     to be known as the `Fuelstar Program', under which stars 
     shall be imprinted on or attached to the label required by 
     paragraph (1).
       ``(B) Green stars.--Under the Fuelstar Program, a 
     manufacturer may include on the label maintained on an 
     automobile under paragraph (1)--
       ``(i) 1 green star for any automobile that meets the 
     average fuel economy standard for the model year under 
     section 32902; and
       ``(ii) 1 additional green star for each 2 miles per gallon 
     by which the automobile exceeds such standard.
       ``(C) Gold stars.--Under the Fuelstar Program, a 
     manufacturer may include a gold star on the label maintained 
     on an automobile under paragraph (1) if the automobile 
     attains a fuel economy of at least 50 miles per gallon.''.

     SEC. 508. CONTINUED APPLICABILITY OF EXISTING STANDARDS.

       Nothing in this title, or the amendments made by this 
     title, shall be construed to affect the application of 
     section 32902 of title 49, United States Code, to passenger 
     automobiles or non-passenger automobiles manufactured before 
     model year 2011.

     SEC. 509. NATIONAL ACADEMY OF SCIENCES STUDIES.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     execute an agreement with the National Academy of Sciences to 
     develop a report evaluating vehicle fuel economy standards, 
     including--
       (1) an assessment of automotive technologies and costs to 
     reflect developments since the Academy's 2002 report 
     evaluating the corporate average fuel economy standards was 
     conducted;
       (2) an analysis of existing and potential technologies that 
     may be used practically to improve automobile, medium-duty 
     truck, or heavy-duty truck fuel economy;
       (3) an analysis of how such technologies may be practically 
     integrated into the automotive, medium-duty truck, or heavy-
     duty truck manufacturing process; and
       (4) an assessment of how such technologies may be used to 
     meet the new fuel economy standards under chapter 329 of 
     title 49, United States Code, as amended by this title.
       (b) Quinquennial Updates.--After submitting the initial 
     report, the Academy shall update the report at 5 year 
     intervals thereafter through 2025.
       (c) Report.--The Academy shall submit the report to the 
     Secretary, the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Energy and Commerce, with its findings and recommendations no 
     later than 18 months after the date on which the Secretary 
     executes the agreement with the Academy.

     SEC. 510. STANDARDS FOR EXECUTIVE AGENCY AUTOMOBILES.

       (a) In General.--Section 32917 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 32917. Standards for Executive agency automobiles

       ``(a) Fuel Efficiency.--The head of an Executive agency 
     shall ensure that each new automobile procured by the 
     Executive agency is as fuel efficient as practicable.
       ``(b) Definitions.--In this section:
       ``(1) Executive agency.--The term `Executive agency' has 
     the meaning given that term in section 105 of title 5.
       ``(2) New automobile.--The term `new automobile', with 
     respect to the fleet of automobiles of an executive agency, 
     means an automobile that is leased for at least 60 
     consecutive days or bought, by or for the Executive agency, 
     after September 30, 2008. The term does not include any 
     vehicle designed for combat-related missions, law enforcement 
     work, or emergency rescue work.''.
       (b) Report.--The Administrator of the General Services 
     Administration shall develop a report describing and 
     evaluating the efforts of the heads of the Executive agencies 
     to comply with section 32917 of title 49, United States Code, 
     for fiscal year 2009. The Administrator shall submit the 
     report to Congress no later than December 31, 2009.

     SEC. 511. ENSURING AVAILABILITY OF FLEXIBLE FUEL AUTOMOBILES.

       (a) Amendment.--
       (1) In general.--Chapter 329 of title 49, United States 
     Code, is amended by inserting after section 32902 the 
     following:

     ``Sec. 32902A. Requirement to manufacture flexible fuel 
       automobiles

       ``(a) In General.--For each model year, each manufacturer 
     of new automobiles described in subsection (b) shall ensure 
     that the percentage of such automobiles manufactured in a 
     particular model year that are flexible fuel vehicles shall 
     be not less than the percentage set forth for that model year 
     in the following table:

``If the model yeaThe percentage of flexible fuel automobiles shall be:
2012.........................................................50 percent
2013.........................................................60 percent
2014.........................................................70 percent
2015.........................................................80 percent

       ``(b) Automobiles to Which Section Applies.--An automobile 
     is described in this subsection if it--
       ``(1) is capable of operating on gasoline or diesel fuel;

[[Page 13026]]

       ``(2) is distributed in interstate commerce for sale in the 
     United States; and
       ``(3) does not contain certain engines that the Secretary 
     of Transportation, in consultation with the Administrator of 
     the Environmental Protection Agency and the Secretary of 
     Energy, may temporarily exclude from the definition because 
     it is technologically infeasible for the engines to have 
     flexible fuel capability at any time during a period that the 
     Secretaries and the Administrator are engaged in an active 
     research program with the vehicle manufacturers to develop 
     that capability for the engines.''.
       (2) Definition of flexible fuel automobile.--Section 
     32901(a) of title 49, United States Code, is amended by 
     inserting after paragraph (8), the following:
       ``(8) `flexible fuel automobile' means an automobile 
     described in paragraph (8)(A).''.
       (3) Clerical amendment.--The table of sections for chapter 
     329 of title 49, United States Code, is amended by inserting 
     after the item relating to section 32902 the following:

``Sec. 32902A. Requirement to manufacture flexible fuel automobiles''.

       (b) Rulemaking.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall issue regulations to carry out the amendments made by 
     subsection (a).
       (2) Hardship exemption.--The regulations issued pursuant to 
     paragraph (1) shall include a process by which a manufacturer 
     may be exempted from the requirement under section 32902A(a) 
     upon demonstrating that such requirement would create a 
     substantial economic hardship for the manufacturer.

     SEC. 512. INCREASING CONSUMER AWARENESS OF FLEXIBLE FUEL 
                   AUTOMOBILES.

       Section 32908 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(g) Increasing Consumer Awareness of Flexible Fuel 
     Automobiles.--(1) The Secretary of Transportation shall 
     prescribe regulations that require the manufacturer of 
     automobiles distributed in interstate commerce for sale in 
     the United States--
       ``(A) to prominently display a permanent badge or emblem on 
     the quarter panel or tailgate of each such automobile that 
     indicates such vehicle is capable of operating on alternative 
     fuel; and
       ``(B) to include information in the owner's manual of each 
     such automobile information that describes--
       ``(i) the capability of the automobile to operate using 
     alternative fuel;
       ``(ii) the benefits of using alternative fuel, including 
     the renewable nature, and the environmental benefits of using 
     alternative fuel; and
       ``(C) to contain a fuel tank cap that is clearly labeled to 
     inform consumers that the automobile is capable of operating 
     on alternative fuel.
       ``(2) The Secretary of Transportation shall collaborate 
     with autombile retailers to develop voluntary methods for 
     providing prospective purchasers of automobiles with 
     information regarding the benefits of using alternative fuel 
     in automobiles, including--
       ``(A) the renewable nature of alternative fuel; and
       ``(B) the environmental benefits of using alternative 
     fuel.''.

     SEC. 513. PERIODIC REVIEW OF ACCURACY OF FUEL ECONOMY 
                   LABELING PROCEDURES.

       Beginning in December, 2009, and not less often than every 
     5 years thereafter, the Secretary of Transportation, in 
     consultation with the Administrator of the Environmental 
     Protection Agency, shall--
       (1) reevaluate the fuel economy labeling procedures 
     described in the final rule published in the Federal Register 
     on December 27, 2006 (71 Fed. Reg. 77,872; 40 C.F.R. parts 86 
     and 600) to determine whether changes in the factors used to 
     establish the labeling procedures warrant a revision of that 
     process; and
       (2) submit a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Energy and Commerce that describes the results 
     of the reevaluation process.

     SEC. 514. TIRE FUEL EFFICIENCY CONSUMER INFORMATION.

       (a) In General.--Chapter 301 of title 49, United States 
     Code, is amended by inserting after section 30123 the 
     following new section:

     ``Sec. 30123A. Tire fuel efficiency consumer information

       ``(a) Rulemaking.--
       ``(1) In general.--Not later than 18 months after the date 
     of enactment of the Ten-in-Ten Fuel Economy Act, the 
     Secretary of Transportation shall, after notice and 
     opportunity for comment, promulgate rules establishing a 
     national tire fuel efficiency consumer information program 
     for tires designed for use on motor vehicles to educate 
     consumers about the effect of tires on automobile fuel 
     efficiency.
       ``(2) Items included in rule.--The rulemaking shall 
     include--
       ``(A) a national tire fuel efficiency rating system for 
     motor vehicle tires to assist consumers in making more 
     educated tire purchasing decisions;
       ``(B) requirements for providing information to consumers, 
     including information at the point of sale and other 
     potential information dissemination methods, including the 
     Internet;
       ``(C) specifications for test methods for manufacturers to 
     use in assessing and rating tires to avoid variation among 
     test equipment and manufacturers; and
       ``(D) a national tire maintenance consumer education 
     program including, information on tire inflation pressure, 
     alignment, rotation, and tread wear to maximize fuel 
     efficiency.
       ``(3) Applicability.--This section shall not apply to tires 
     excluded from coverage under section 575.104(c)(2) of title 
     49, Code of Federal Regulations, as in effect on date of 
     enactment of the Ten-in-Ten Fuel Economy Act.
       ``(b) Consultation.--The Secretary shall consult with the 
     Secretary of Energy and the Administrator of the 
     Environmental Protection Agency on the means of conveying 
     tire fuel efficiency consumer information.
       ``(c) Report to Congress.--The Secretary shall conduct 
     periodic assessments of the rules promulgated under this 
     section to determine the utility of such rules to consumers, 
     the level of cooperation by industry, and the contribution to 
     national goals pertaining to energy consumption. The 
     Secretary shall transmit periodic reports detailing the 
     findings of such assessments to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Energy and Commerce.
       ``(d) Tire Marking.--The Secretary shall not require 
     permanent labeling of any kind on a tire for the purpose of 
     tire fuel efficiency information.
       ``(e) Preemption.--When a requirement under this section is 
     in effect, a State or political subdivision of a State may 
     adopt or enforce a law or regulation on tire fuel efficiency 
     consumer information only if the law or regulation is 
     identical to that requirement. Nothing in this section shall 
     be construed to preempt a State or political subdivision of a 
     State from regulating the fuel efficiency of tires not 
     otherwise preempted under this chapter.''.
       (b) Enforcement.--Section 30165(a) of title 49, United 
     States Code, is amended by adding at the end the following:
       ``(4) Section 30123a.--Any person who fails to comply with 
     the national tire fuel efficiency consumer information 
     program under section 30123A is liable to the United States 
     Government for a civil penalty of not more than $50,000 for 
     each violation.''.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     301 of title 49, United States Code, is amended by inserting 
     after the item relating to section 30123 the folllowing:

``30123A. Tire fuel efficiency consumer information''.

     SEC. 515. ADVANCED BATTERY INITIATIVE.

       (a) In General.--The Secretary of Transportation shall 
     establish and carry out an Advanced Battery Initiative in 
     accordance with this section to support research, 
     development, demonstration, and commercial application of 
     battery technologies.
       (b) Industry Alliance.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary shall 
     competitively select an Industry Alliance to represent 
     participants who are private, for-profit firms headquartered 
     in the United States, the primary business of which is the 
     manufacturing of batteries.
       (c) Research.--
       (1) Grants.--The Secretary shall carry out research 
     activities of the Initiative through competitively-awarded 
     grants to--
       (A) researchers, including Industry Alliance participants;
       (B) small businesses;
       (C) National Laboratories; and
       (D) institutions of higher education.
       (2) Industry alliance.--The Secretary shall annually 
     solicit from the Industry Alliance--
       (A) comments to identify advanced battery technology needs 
     relevant to electric drive technology;
       (B) an assessment of the progress of research activities of 
     the Initiative; and
       (C) assistance in annually updating advanced battery 
     technology roadmaps.
       (d) Availability to the Public.--The information and 
     roadmaps developed under this section shall be available to 
     the public.
       (e) Preference.--In making awards under this subsection, 
     the Secretary shall give preference to participants in the 
     Industry Alliance.
       (f) Cost Sharing.--In carrying out this section, the 
     Secretary shall require cost sharing in accordance with 
     section 120(b) of title 23, United States Code.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary for each of fiscal years 2008 through 2012.

     SEC. 516. BIODIESEL STANDARDS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the President, in consultation with 
     the Secretary of Transportation, the Secretary of Energy, and 
     the Administrator of the Environmental Protection 
     Administration, shall promulgate standards for biodiesel 
     blend sold or introduced into commerce in the United States.

[[Page 13027]]

       (b) Definitions.--In this section:
       (1) Biodiesel.--
       (A) In general.--The term ``biodiesel'' means the monoalkyl 
     esters of long chain fatty acids derived from plant or animal 
     matter that meet--
       (i) the registration requirements for fuels and fuel 
     additives established by the Environmental Protection Agency 
     under section 211 of the Clean Air Act (42 U.S.C. 7545); and
       (ii) the requirements of the American Society of Testing 
     and Materials D6751.
       (B) Inclusions.--The term ``biodiesel'' includes esters 
     described in subparagraph (A) derived from--
       (i) animal waste, including poultry fat, poultry waste, and 
     other waste material; and
       (ii) municipal solid waste, sludge, and oil derived from 
     wastewater or the treatment of wastewater.
       (2) Biodiesel blend.--The term ``biodiesel blend'' means a 
     mixture of biodiesel and diesel fuel, including--
       (A) a blend of biodiesel and diesel fuel approximately 5 
     percent of the content of which is biodiesel (commonly known 
     as ``B5''); and
       (B) a blend of biodiesel and diesel fuel approximately 20 
     percent of the content of which is biodiesel (commonly known 
     as ``B20'').

     SEC. 517. USE OF CIVIL PENALTIES FOR RESEARCH AND 
                   DEVELOPMENT.

       Section 32912 of title 49, United States Code, is amended 
     by adding at the end thereof the following:
       ``(e) Use of Civil Penalties.--For fiscal year 2008 and 
     each fiscal year thereafter, from the total amount deposited 
     in the general fund of the Treasury during the preceding 
     fiscal year from fines, penalties, and other funds obtained 
     through enforcement actions conducted pursuant to this 
     section (including funds obtained under consent decrees), the 
     Secretary of the Treasury, subject to the availability of 
     appropriations, shall--
       ``(1) transfer 50 percent of such total amount to the 
     account providing appropriations to the Secretary of 
     Transportation for the administration of this chapter, which 
     shall be used by the Secretary to carry out a program of 
     research and development into fuel saving automotive 
     technologies and to support rulemaking under this chapter; 
     and
       ``(2) transfer 50 percent of such total amount to the 
     Energy Security Fund established by section 518(a) of the 
     Ten-in-Ten Fuel Economy Act.

     ``SEC. 118. ENERGY SECURITY FUND AND ALTERNATIVE FUEL GRANT 
                   PROGRAM.

       ``(a) Establishment of Fund.--
       ``(1) In general.--There is established in the Treasury a 
     fund, to be known as the `Energy Security Fund' (referred to 
     in this section as the `Fund'), consisting of--
       ``(A) amounts transferred to the Fund under section 
     32912(e)(2) of title 49, United States Code; and
       ``(B) amounts credited to the Fund under paragraph 
     (2)(C).''
       (1) Investment of amounts.--
       (A) In general.--The Secretary of the Treasury shall invest 
     in interest-bearing obligations of the United States such 
     portion of the Fund as is not, in the judgment of the 
     Secretary of the Treasury, required to meet current 
     withdrawals.
       (B) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       (C) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to, and form a part of, the Fund in 
     accordance with section 9602 of the Internal Revenue Code of 
     1986.
       (2) Use of amounts in fund.--Amounts in the Fund shall be 
     made available to the Secretary of Energy, subject to the 
     availability of appropriations, to carry out the grant 
     program under subsection (b).
       (3) Alternative fuels grant program.--Not later than 90 
     days after the date of enactment of this Act, the Secretary 
     of Energy, acting through the Clean Cities Program of the 
     Department of Energy, shall establish and carry out a program 
     under which the Secretary shall provide grants to expand the 
     availability to consumers of alternative fuels (as defined in 
     section 32901(a) of title 49, United States Code).
       (4) Eligibility.--
       (A) In general.--Except as provided in subparagraph (B), 
     any entity that is eligible to receive assistance under the 
     Clean Cities Program shall be eligible to receive a grant 
     under this subsection.
       (B) Exceptions.--
       (i) Certain oil companies.--A large, vertically-integrated 
     oil company shall not be eligible to receive a grant under 
     this subsection.
       (ii) Prohibition of dual benefits.--An entity that receives 
     any other Federal funds for the construction or expansion of 
     alternative refueling infrastructure shall not be eligible to 
     receive a grant under this subsection for the construction or 
     expansion of the same alternative refueling infrastructure.
       (C) Ensuring compliance.--Not later than 30 days after the 
     date of enactment of this Act, the Secretary of Energy shall 
     promulgate regulations to ensure that, before receiving a 
     grant under this subsection, an eligible entity meets 
     applicable standards relating to the installation, 
     construction, and expansion of infrastructure necessary to 
     increase the availability to consumers of alternative fuels 
     (as defined in section 32901(a) of title 49, United States 
     Code).
       (5) Maximum amount.--
       (A) Grants.--The amount of a grant provided under this 
     subsection shall not exceed $30,000.
       (B) Amount per station.--An eligible entity shall receive 
     not more than $90,000 under this subsection for any station 
     of the eligible entity during a fiscal year.
       (6) Use of funds.--
       (A) In general.--A grant provided under this subsection 
     shall be used for the construction or expansion of 
     alternative fueling infrastructure.
       (B) Administrative expenses.--Not more than 3 percent of 
     the amount of a grant provided under this subsection shall be 
     used for administrative expenses.

     SEC. 518. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary of 
     Transportation $25,000,000 for each of fiscal years 2009 
     through 2021 to carry out the provisions of chapter 329 of 
     title 49, United States Code.

                        TITLE VI--PRICE GOUGING

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Petroleum Consumer Price 
     Gouging Protection Act''.

     SEC. 602. DEFINITIONS.

       In this title:
       (1) Affected area.--The term ``affected area'' means an 
     area covered by a Presidential declaration of energy 
     emergency.
       (2) Supplier.--The term ``supplier'' means any person 
     engaged in the trade or business of selling or reselling, at 
     retail or wholesale, or distributing crude oil, gasoline, or 
     petroleum distillates.
       (3) Price gouging.--The term ``price gouging'' means the 
     charging of an unconscionably excessive price by a supplier 
     in an affected area.
       (4) Unconscionably excessive price.--The term 
     ``unconscionably excessive price'' means a price charged in 
     an affected area for crude oil, gasoline, or petroleum 
     distillates that--
       (A)(i) represents a gross disparity between the price at 
     which it was offered for sale in the usual course of the 
     supplier's business immediately prior to the President's 
     declaration of an energy emergency;
       (ii) grossly exceeds the price at which the same or similar 
     crude oil, gasoline, or petroleum distillate was readily 
     obtainable by other purchasers in the affected area; or
       (iii) represents an exercise of unfair leverage or 
     unconscionable means on the part of the supplier, during a 
     period of declared energy emergency; and
       (B) is not attributable to increased wholesale or 
     operational costs outside the control of the supplier, 
     incurred in connection with the sale of crude oil, gasoline, 
     or petroleum distillates.
       (5) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.

     SEC. 603. PROHIBITION ON PRICE GOUGING DURING ENERGY 
                   EMERGENCIES.

       (a) In General.--During any energy emergency declared by 
     the President under section 606 of this title, it is unlawful 
     for any supplier to sell, or offer to sell, crude oil, 
     gasoline, or petroleum distillates in, or for use in, the 
     area to which that declaration applies at an unconscionably 
     excessive price.
       (b) Factors Considered.--In determining whether a violation 
     of subsection (a) has occurred, there shall be taken into 
     account, among other factors, the price that would reasonably 
     equate supply and demand in a competitive and freely 
     functioning market.

     SEC. 604. PROHIBITION ON MARKET MANIPULATION.

       It is unlawful for any person, directly or indirectly, to 
     use or employ, in connection with the purchase or sale of 
     crude oil, gasoline, or petroleum distillates at wholesale, 
     any manipulative or deceptive device or contrivance, in 
     contravention of such rules and regulations as the Commission 
     may prescribe as necessary or appropriate in the public 
     interest or for the protection of United States citizens.

     SEC. 605. PROHIBITION ON FALSE INFORMATION.

       (a) In General.--It is unlawful for any person to report 
     information related to the wholesale price of crude oil, 
     gasoline, or petroleum distillates to the Commission if--
       (1) that person knew, or reasonably should have known, the 
     information to be false or misleading;
       (2) the information was required by law to be reported; and
       (3) the person intended the false or misleading data to 
     affect data compiled by the Commission for statistical or 
     analytical purposes with respect to the market for crude oil, 
     gasoline, or petroleum distillates.

     SEC. 606. PRESIDENTIAL DECLARATION OF ENERGY EMERGENCY.

       (a) In General.--If the President finds that the health, 
     safety, welfare, or economic well-being of the citizens of 
     the United States is at risk because of a shortage or 
     imminent shortage of adequate supplies of crude oil, 
     gasoline, or petroleum distillates due to a disruption in the 
     national distribution system for crude oil, gasoline, or 
     petroleum distillates (including such a shortage

[[Page 13028]]

     related to a major disaster (as defined in section 102(2) of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5122(2))), or significant pricing 
     anomalies in national energy markets for crude oil, gasoline, 
     or petroleum distillates, the President may declare that a 
     Federal energy emergency exists.
       (b) Scope and Duration.--The emergency declaration shall 
     specify--
       (1) the period, not to exceed 30 days, for which the 
     declaration applies;
       (2) the circumstance or condition necessitating the 
     declaration; and
       (3) the area or region to which it applies, which, for the 
     48 contiguous states may not be limited to a single State.
       (c) Extensions.--The President may--
       (1) extend a declaration under subsection (a) for a period 
     of not more than 30 days; and
       (2) extend such a declaration more than once.

     SEC. 607. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.

       (a) Enforcement.--This title shall be enforced by the 
     Federal Trade Commission. In enforcing section 603 of this 
     title, the Commission shall give priority to enforcement 
     actions concerning companies with total United States 
     wholesale or retail sales of crude oil, gasoline, and 
     petroleum distillates in excess of $500,000,000 per year but 
     shall not exclude enforcement actions against companies with 
     total United States wholesale sales of $500,000,000 or less 
     per year.
       (b) Violation Is Unfair or Deceptive Act or Practice.--The 
     violation of any provision of this title shall be treated as 
     an unfair or deceptive act or practice proscribed under a 
     rule issued under section 18(a)(1)(B) of the Federal Trade 
     Commission Act (15 U.S.C. 57a(a)(1)(B)).
       (c) Commission Actions.--Following the declaration of an 
     energy emergency by the President under section 606 of this 
     title, the Commission shall--
       (1) establish within the Commission--
       (A) a toll-free hotline that a consumer may call to report 
     an incident of price gouging in the affected area; and
       (B) a program to develop and distribute to the public 
     informational materials to assist residents of the affected 
     area in detecting and avoiding price gouging;
       (2) consult with the Attorney General, the United States 
     Attorney for the districts in which a disaster occurred (if 
     the declaration is related to a major disaster), and State 
     and local law enforcement officials to determine whether any 
     supplier in the affected area is charging or has charged an 
     unconscionably excessive price for crude oil, gasoline, or 
     petroleum distillates in the affected area; and
       (3) conduct an investigation to determine whether any 
     supplier in the affected area has violated section 603 of 
     this title, and upon such finding, take any action the 
     Commission determines to be appropriate to remedy the 
     violation.

     SEC. 608. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

       (a) In General.--A State, as parens patriae, may bring a 
     civil action on behalf of its residents in an appropriate 
     district court of the United States to enforce the provisions 
     of section 603 of this title, or to impose the civil 
     penalties authorized by section 609 for violations of section 
     603, whenever the attorney general of the State has reason to 
     believe that the interests of the residents of the State have 
     been or are being threatened or adversely affected by a 
     supplier engaged in the sale or resale, at retail or 
     wholesale, or distribution of crude oil, gasoline, or 
     petroleum distillates in violation of section 603 of this 
     title.
       (b) Notice.--The State shall serve written notice to the 
     Commission of any civil action under subsection (a) prior to 
     initiating the action. The notice shall include a copy of the 
     complaint to be filed to initiate the civil action, except 
     that if it is not feasible for the State to provide such 
     prior notice, the State shall provide such notice immediately 
     upon instituting the civil action.
       (c) Authority to Intervene.--Upon receiving the notice 
     required by subsection (b), the Commission may intervene in 
     the civil action and, upon intervening--
       (1) may be heard on all matters arising in such civil 
     action; and
       (2) may file petitions for appeal of a decision in such 
     civil action.
       (d) Construction.--For purposes of bringing any civil 
     action under subsection (a), nothing in this section shall 
     prevent the attorney general of a State from exercising the 
     powers conferred on the Attorney General by the laws of such 
     State to conduct investigations or to administer oaths or 
     affirmations or to compel the attendance of witnesses or the 
     production of documentary and other evidence.
       (e) Venue; Service of Process.--In a civil action brought 
     under subsection (a)--
       (1) the venue shall be a judicial district in which--
       (A) the defendant operates;
       (B) the defendant was authorized to do business; or
       (C) where the defendant in the civil action is found;
       (2) process may be served without regard to the territorial 
     limits of the district or of the State in which the civil 
     action is instituted; and
       (3) a person who participated with the defendant in an 
     alleged violation that is being litigated in the civil action 
     may be joined in the civil action without regard to the 
     residence of the person.
       (f) Limitation on State Action While Federal Action Is 
     Pending.--If the Commission has instituted a civil action or 
     an administrative action for violation of this title, a State 
     attorney general, or official or agency of a State, may not 
     bring an action under this section during the pendency of 
     that action against any defendant named in the complaint of 
     the Commission or the other agency for any violation of this 
     title alleged in the Commission's civil or administrative 
     action.
       (g) No Preemption.--Nothing contained in this section shall 
     prohibit an authorized State official from proceeding in 
     State court to enforce a civil or criminal statute of that 
     State.

     SEC. 609. PENALTIES.

       (a) Civil Penalty.--
       (1) In general.--In addition to any penalty applicable 
     under the Federal Trade Commission Act, any supplier--
       (A) that violates section 604 or section 605 of this title 
     is punishable by a civil penalty of not more than $1,000,000; 
     and
       (B) that violates section 603 of this title is punishable 
     by a civil penalty of--
       (i) not more than $500,000, in the case of an independent 
     small business marketer of gasoline (within the meaning of 
     section 324(c) of the Clean Air Act (42 U.S.C. 7625(c))); and
       (ii) not more than $5,000,000 in the case of any other 
     supplier.
       (2) Method of assessment.--The penalties provided by 
     paragraph (1) shall be assessed in the same manner as civil 
     penalties imposed under section 5 of the Federal Trade 
     Commission Act (15 U.S.C. 45).
       (3) Multiple offenses; mitigating factors.--In assessing 
     the penalty provided by subsection (a)--
       (A) each day of a continuing violation shall be considered 
     a separate violation; and
       (B) the Commission shall take into consideration the 
     seriousness of the violation and the efforts of the person 
     committing the violation to remedy the harm caused by the 
     violation in a timely manner.
       (b) Criminal Penalty.--Violation of section 603 of this 
     title is punishable by a fine of not more than $5,000,000, 
     imprisonment for not more than 5 years, or both.

     SEC. 610. EFFECT ON OTHER LAWS.

       (a) Other Authority of the Commission.--Nothing in this 
     title shall be construed to limit or affect in any way the 
     Commission's authority to bring enforcement actions or take 
     any other measure under the Federal Trade Commission Act (15 
     U.S.C. 41 et seq.) or any other provision of law.
       (b) State Law.--Nothing in this title preempts any State 
     law.

                TITLE VII--ENERGY DIPLOMACY AND SECURITY

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Energy Diplomacy and 
     Security Act of 2007''.

     SEC. 702. DEFINITIONS.

       In this title:
       (1) Major energy producer.--The term ``major energy 
     producer'' means a country that--
       (A) had crude oil, oil sands, or natural gas to liquids 
     production of 1,000,000 barrels per day or greater average in 
     the previous year;
       (B) has crude oil, shale oil, or oil sands reserves of 
     6,000,000,000 barrels or greater, as recognized by the 
     Department of Energy;
       (C) had natural gas production of 30,000,000,000 cubic 
     meters or greater in the previous year;
       (D) has natural gas reserves of 1,250,000,000,000 cubic 
     meters or greater, as recognized by the Department of Energy; 
     or
       (E) is a direct supplier of natural gas or liquefied 
     natural gas to the United States.
       (2) Major energy consumer.--The term ``major energy 
     consumer'' means a country that--
       (A) had an oil consumption average of 1,000,000 barrels per 
     day or greater in the previous year;
       (B) had an oil consumption growth rate of 8 percent or 
     greater in the previous year;
       (C) had a natural gas consumption of 30,000,000,000 cubic 
     meters or greater in the previous year; or
       (D) had a natural gas consumption growth rate of 15 percent 
     or greater in the previous year.

     SEC. 703. SENSE OF CONGRESS ON ENERGY DIPLOMACY AND SECURITY.

       (a) Findings.--Congress makes the following findings:
       (1) It is imperative to the national security and 
     prosperity of the United States to have reliable, affordable, 
     clean, sufficient, and sustainable sources of energy.
       (2) United States dependence on oil imports causes 
     tremendous costs to the United States national security, 
     economy, foreign policy, military, and environmental 
     sustainability.
       (3) Energy security is a priority for the governments of 
     many foreign countries and increasingly plays a central role 
     in the relations of the United States Government with foreign 
     governments. Global reserves of oil and natural gas are 
     concentrated in a small number of countries. Access to these 
     oil and natural gas supplies depends on the political

[[Page 13029]]

     will of these producing states. Competition between 
     governments for access to oil and natural gas reserves can 
     lead to economic, political, and armed conflict. Oil 
     exporting states have received dramatically increased 
     revenues due to high global prices, enhancing the ability of 
     some of these states to act in a manner threatening to global 
     stability.
       (4) Efforts to combat poverty and protect the environment 
     are hindered by the continued predominance of oil and natural 
     gas in meeting global energy needs. Development of renewable 
     energy through sustainable practices will help lead to a 
     reduction in greenhouse gas emissions and enhance 
     international development.
       (5) Cooperation on energy issues between the United States 
     Government and the governments of foreign countries is 
     critical for securing the strategic and economic interests of 
     the United States and of partner governments. In the current 
     global energy situation, the energy policies and activities 
     of the governments of foreign countries can have dramatic 
     impacts on United States energy security.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) United States national security requires that the 
     United States Government have an energy policy that pursues 
     the strategic goal of achieving energy security through 
     access to clean, affordable, sufficient, reliable, and 
     sustainable sources of energy;
       (2) achieving energy security is a priority for United 
     States foreign policy and requires continued and enhanced 
     engagement with foreign governments and entities in a variety 
     of areas, including activities relating to the promotion of 
     alternative and renewable fuels, trade and investment in oil, 
     coal, and natural gas, energy efficiency, climate and 
     environmental protection, data transparency, advanced 
     scientific research, public-private partnerships, and energy 
     activities in international development;
       (3) the President should ensure that the international 
     energy activities of the United States Government are given 
     clear focus to support the national security needs of the 
     United States, and to this end, there should be established a 
     mechanism to coordinate the implementation of United States 
     international energy policy among the Federal agencies 
     engaged in relevant agreements and activities; and
       (4) the Secretary of State should ensure that energy 
     security is integrated into the core mission of the 
     Department of State, and to this end, there should be 
     established within the Office of the Secretary of State a 
     Coordinator for International Energy Affairs with 
     responsibility for--
       (A) developing United States international energy policy in 
     coordination with the Department of Energy and other relevant 
     Federal agencies;
       (B) working with appropriate United States Government 
     officials to develop and update analyses of the national 
     security implications of global energy developments;
       (C) incorporating energy security priorities into the 
     activities of the Department;
       (D) coordinating activities with relevant Federal agencies; 
     and
       (E) coordinating energy security and other relevant 
     functions currently undertaken by offices within the Bureau 
     of Economic, Business, and Agricultural Affairs, the Bureau 
     of Democracy and Global Affairs, and other offices within the 
     Department of State.

     SEC. 704. STRATEGIC ENERGY PARTNERSHIPS.

       (a) Findings.--Congress makes the following findings:
       (1) United States Government partnership with foreign 
     governments and entities, including partnership with the 
     private sector, for securing reliable and sustainable energy 
     is imperative to ensuring United States security and economic 
     interests, promoting international peace and security, 
     expanding international development, supporting democratic 
     reform, fostering economic growth, and safeguarding the 
     environment.
       (2) Democracy and freedom should be promoted globally by 
     partnership with foreign governments, including in particular 
     governments of emerging democracies such as those of Ukraine 
     and Georgia, in their efforts to reduce their dependency on 
     oil and natural gas imports.
       (3) The United States Government and the governments of 
     foreign countries have common needs for adequate, reliable, 
     affordable, clean, and sustainable energy in order to ensure 
     national security, economic growth, and high standards of 
     living in their countries. Cooperation by the United States 
     Government with foreign governments on meeting energy 
     security needs is mutually beneficial. United States 
     Government partnership with foreign governments should 
     include cooperation with major energy consuming countries, 
     major energy producing countries, and other governments 
     seeking to advance global energy security through reliable 
     and sustainable means.
       (4) The United States Government participates in hundreds 
     of bilateral and multilateral energy agreements and 
     activities with foreign governments and entities. These 
     agreements and activities should reflect the strategic need 
     for energy security.
       (b) Statement of Policy.--It is the policy of the United 
     States--
       (1) to advance global energy security through cooperation 
     with foreign governments and entities;
       (2) to promote reliable, diverse, and sustainable sources 
     of all types of energy;
       (3) to increase global availability of renewable and clean 
     sources of energy;
       (4) to decrease global dependence on oil and natural gas 
     energy sources; and
       (5) to engage in energy cooperation to strengthen strategic 
     partnerships that advance peace, security, and democratic 
     prosperity.
       (c) Authority.--The Secretary of State, in coordination 
     with the Secretary of Energy, should immediately seek to 
     establish and expand strategic energy partnerships with the 
     governments of major energy producers and major energy 
     consumers, and with governments of other countries (but 
     excluding any countries that are ineligible to receive United 
     States economic or military assistance).
       (d) Purposes.--The purposes of the strategic energy 
     partnerships established pursuant to subsection (c) are--
       (1) to strengthen global relationships to promote 
     international peace and security through fostering 
     cooperation in the energy sector on a mutually beneficial 
     basis in accordance with respective national energy policies;
       (2) to promote the policy set forth in subsection (b), 
     including activities to advance--
       (A) the mutual understanding of each country's energy 
     needs, priorities, and policies, including interparliamentary 
     understanding;
       (B) measures to respond to acute energy supply disruptions, 
     particularly in regard to petroleum and natural gas 
     resources;
       (C) long-term reliability and sustainability in energy 
     supply;
       (D) the safeguarding and safe handling of nuclear fuel;
       (E) human and environmental protection;
       (F) renewable energy production;
       (G) access to reliable and affordable energy for 
     underdeveloped areas, in particular energy access for the 
     poor;
       (H) appropriate commercial cooperation;
       (I) information reliability and transparency; and
       (J) research and training collaboration;
       (3) to advance the national security priority of developing 
     sustainable and clean energy sources, including through 
     research and development related to, and deployment of--
       (A) renewable electrical energy sources, including biomass, 
     wind, and solar;
       (B) renewable transportation fuels, including biofuels;
       (C) clean coal technologies;
       (D) carbon sequestration, including in conjunction with 
     power generation, agriculture, and forestry; and
       (E) energy and fuel efficiency, including hybrids and plug-
     in hybrids, flexible fuel, advanced composites, hydrogen, and 
     other transportation technologies; and
       (4) to provide strategic focus for current and future 
     United States Government activities in energy cooperation to 
     meet the global need for energy security.
       (e) Determination of Agendas.--In general, the specific 
     agenda with respect to a particular strategic energy 
     partnership, and the Federal agencies designated to implement 
     related activities, shall be determined by the Secretary of 
     State and the Secretary of Energy.
       (f) Use of Current Agreements To Establish Partnerships.--
     Some or all of the purposes of the strategic energy 
     partnerships established under subsection (c) may be pursued 
     through existing bilateral or multilateral agreements and 
     activities. Such agreements and activities shall be subject 
     to the reporting requirements in subsection (g).
       (g) Reports Required.--
       (1) Initial progress report.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of State 
     shall submit to the appropriate congressional committees a 
     report on progress made in developing the strategic energy 
     partnerships authorized under this section.
       (2) Annual progress reports.--
       (A) In general.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter for 20 
     years, the Secretary of State shall submit to the appropriate 
     congressional committees an annual report on agreements 
     entered into and activities undertaken pursuant to this 
     section, including international environment activities.
       (B) Content.--Each report submitted under this paragraph 
     shall include details on--
       (i) agreements and activities pursued by the United States 
     Government with foreign governments and entities, the 
     implementation plans for such agreements and progress 
     measurement benchmarks, United States Government resources 
     used in pursuit of such agreements and activities, and 
     legislative changes recommended for improved partnership; and
       (ii) polices and actions in the energy sector of 
     partnership countries pertinent to United States economic, 
     security, and environmental interests.

     SEC. 705. INTERNATIONAL ENERGY CRISIS RESPONSE MECHANISMS.

       (a) Findings.--Congress makes the following findings:

[[Page 13030]]

       (1) Cooperation between the United States Government and 
     governments of other countries during energy crises promotes 
     the national security of the United States.
       (2) The participation of the United States in the 
     International Energy Program established under the Agreement 
     on an International Energy Program, done at Paris November 
     18, 1974 (27 UST 1685), including in the coordination of 
     national strategic petroleum reserves, is a national security 
     asset that--
       (A) protects the consumers and the economy of the United 
     States in the event of a major disruption in petroleum 
     supply;
       (B) maximizes the effectiveness of the United States 
     strategic petroleum reserve through cooperation in accessing 
     global reserves of various petroleum products;
       (C) provides market reassurance in countries that are 
     members of the International Energy Program; and
       (D) strengthens United States Government relationships with 
     members of the International Energy Program.
       (3) The International Energy Agency projects that the 
     largest growth in demand for petroleum products, other than 
     demand from the United States, will come from China and 
     India, which are not members of the International Energy 
     Program. The Governments of China and India vigorously pursue 
     access to global oil reserves and are attempting to develop 
     national petroleum reserves. Participation of the Governments 
     of China and India in an international petroleum reserve 
     mechanism would promote global energy security, but such 
     participation should be conditional on the Governments of 
     China and India abiding by customary petroleum reserve 
     management practices.
       (4) In the Western Hemisphere, only the United States and 
     Canada are members of the International Energy Program. The 
     vulnerability of most Western Hemisphere countries to supply 
     disruptions from political, natural, or terrorism causes may 
     introduce instability in the hemisphere and can be a source 
     of conflict, despite the existence of major oil reserves in 
     the hemisphere.
       (5) Countries that are not members of the International 
     Energy Program and are unable to maintain their own national 
     strategic reserves are vulnerable to petroleum supply 
     disruption. Disruption in petroleum supply and spikes in 
     petroleum costs could devastate the economies of developing 
     countries and could cause internal or interstate conflict.
       (6) The involvement of the United States Government in the 
     extension of international mechanisms to coordinate strategic 
     petroleum reserves and the extension of other emergency 
     preparedness measures should strengthen the current 
     International Energy Program.
       (b) Energy Crisis Response Mechanisms With India and 
     China.--
       (1) Authority.--The Secretary of State, in coordination 
     with the Secretary of Energy, should immediately seek to 
     establish a petroleum crisis response mechanism or mechanisms 
     with the Governments of China and India.
       (2) Scope.--The mechanism or mechanisms established under 
     paragraph (1) should include--
       (A) technical assistance in the development and management 
     of national strategic petroleum reserves;
       (B) agreements for coordinating drawdowns of strategic 
     petroleum reserves with the United States, conditional upon 
     reserve holdings and management conditions established by the 
     Secretary of Energy;
       (C) emergency demand restraint measures;
       (D) fuel switching preparedness and alternative fuel 
     production capacity; and
       (E) ongoing demand intensity reduction programs.
       (3) Use of existing agreements to establish mechanism.--The 
     Secretary may, after consultation with Congress and in 
     accordance with existing international agreements, including 
     the International Energy Program, include China and India in 
     a petroleum crisis response mechanism through existing or new 
     agreements.
       (c) Energy Crisis Response Mechanism for the Western 
     Hemisphere.--
       (1) Authority.--The Secretary of State, in coordination 
     with the Secretary of Energy, should immediately seek to 
     establish a Western Hemisphere energy crisis response 
     mechanism.
       (2) Scope.--The mechanism established under paragraph (1) 
     should include--
       (A) an information sharing and coordinating mechanism in 
     case of energy supply emergencies;
       (B) technical assistance in the development and management 
     of national strategic petroleum reserves within countries of 
     the Western Hemisphere;
       (C) technical assistance in developing national programs to 
     meet the requirements of membership in a future international 
     energy application procedure as described in subsection (d);
       (D) emergency demand restraint measures;
       (E) energy switching preparedness and alternative energy 
     production capacity; and
       (F) ongoing demand intensity reduction programs.
       (3) Membership.--The Secretary should seek to include in 
     the Western Hemisphere energy crisis response mechanism 
     membership for each major energy producer and major energy 
     consumer in the Western Hemisphere and other members of the 
     Hemisphere Energy Cooperation Forum authorized under section 
     706.
       (d) International Energy Program Application Procedure.--
       (1) Authority.--The President should place on the agenda 
     for discussion at the Governing Board of the International 
     Energy Agency, as soon as practicable, the merits of 
     establishing an international energy program application 
     procedure.
       (2) Purpose.--The purpose of such procedure is to allow 
     countries that are not members of the International Energy 
     Program to apply to the Governing Board of the International 
     Energy Agency for allocation of petroleum reserve stocks in 
     times of emergency on a grant or loan basis. Such countries 
     should also receive technical assistance for, and be subject 
     to, conditions requiring development and management of 
     national programs for energy emergency preparedness, 
     including demand restraint, fuel switching preparedness, and 
     development of alternative fuels production capacity.
       (e) Reports Required.--
       (1) Petroleum reserves.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Energy 
     shall submit to the appropriate congressional committees a 
     report that evaluates the options for adapting the United 
     States national strategic petroleum reserve and the 
     international petroleum reserve coordinating mechanism in 
     order to carry out this section.
       (2) Crisis response mechanisms.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     State, in coordination with the Secretary of Energy, shall 
     submit to the appropriate congressional committees a report 
     on the status of the establishment of the international 
     petroleum crisis response mechanisms described in subsections 
     (b) and (c). The report shall include recommendations of the 
     Secretary of State and the Secretary of Energy for any 
     legislation necessary to establish or carry out such 
     mechanisms.
       (3) Emergency application procedure.--Not later than 60 
     days after a discussion by the Governing Board of the 
     International Energy Agency of the application procedure 
     described under subsection (d), the President should submit 
     to Congress a report that describes--
       (A) the actions the United States Government has taken 
     pursuant to such subsection; and
       (B) a summary of the debate on the matter before the 
     Governing Board of the International Energy Agency, including 
     any decision that has been reached by the Governing Board 
     with respect to the matter.

     SEC. 706. HEMISPHERE ENERGY COOPERATION FORUM.

       (a) Findings.--Congress makes the following findings:
       (1) The engagement of the United States Government with 
     governments of countries in the Western Hemisphere is a 
     strategic priority for reducing the potential for tension 
     over energy resources, maintaining and expanding reliable 
     energy supplies, expanding use of renewable energy, and 
     reducing the detrimental effects of energy import dependence 
     within the hemisphere. Current energy dialogues should be 
     expanded and refocused as needed to meet this challenge.
       (2) Countries of the Western Hemisphere can most 
     effectively meet their common needs for energy security and 
     sustainability through partnership and cooperation. 
     Cooperation between governments on energy issues will enhance 
     bilateral relationships among countries of the hemisphere. 
     The Western Hemisphere is rich in natural resources, 
     including biomass, oil, natural gas, coal, and has 
     significant opportunity for production of renewable hydro, 
     solar, wind, and other energies. Countries of the Western 
     Hemisphere can provide convenient and reliable markets for 
     trade in energy goods and services.
       (3) Development of sustainable energy alternatives in the 
     countries of the Western Hemisphere can improve energy 
     security, balance of trade, and environmental quality and 
     provide markets for energy technology and agricultural 
     products. Brazil and the United States have led the world in 
     the production of ethanol, and deeper cooperation on biofuels 
     with other countries of the hemisphere would extend economic 
     and security benefits.
       (4) Private sector partnership and investment in all 
     sources of energy is critical to providing energy security in 
     the Western Hemisphere.
       (b) Hemisphere Energy Cooperation Forum.--
       (1) Establishment.--The Secretary of State, in coordination 
     with the Secretary of Energy, should immediately seek to 
     establish a regional-based ministerial forum to be known as 
     the Hemisphere Energy Cooperation Forum.
       (2) Purposes.--The Hemisphere Energy Cooperation Forum 
     should seek--
       (A) to strengthen relationships between the United States 
     and other countries of the Western Hemisphere through 
     cooperation on energy issues;

[[Page 13031]]

       (B) to enhance cooperation between major energy producers 
     and major energy consumers in the Western Hemisphere, 
     particularly among the governments of Brazil, Canada, Mexico, 
     the United States, and Venezuela;
       (C) to ensure that energy contributes to the economic, 
     social, and environmental enhancement of the countries of the 
     Western Hemisphere;
       (D) to provide an opportunity for open dialogue and joint 
     commitments between member governments and with private 
     industry; and
       (E) to provide participating countries the flexibility 
     necessary to cooperatively address broad challenges posed to 
     the energy supply of the Western Hemisphere that are 
     practical in policy terms and politically acceptable.
       (3) Activities.--The Hemisphere Energy Cooperation Forum 
     should implement the following activities:
       (A) An Energy Crisis Initiative that will establish 
     measures to respond to temporary energy supply disruptions, 
     including through--
       (i) strengthening sea-lane and infrastructure security;
       (ii) implementing a real-time emergency information sharing 
     system;
       (iii) encouraging members to have emergency mechanisms and 
     contingency plans in place; and
       (iv) establishing a Western Hemisphere energy crisis 
     response mechanism as authorized under section 705(c).
       (B) An Energy Sustainability Initiative to facilitate long-
     term supply security through fostering reliable supply 
     sources of fuels, including development, deployment, and 
     commercialization of technologies for sustainable renewable 
     fuels within the region, including activities that--
       (i) promote production and trade in sustainable energy, 
     including energy from biomass;
       (ii) facilitate investment, trade, and technology 
     cooperation in energy infrastructure, petroleum products, 
     natural gas (including liquefied natural gas), energy 
     efficiency (including automotive efficiency), clean fossil 
     energy, renewable energy, and carbon sequestration;
       (iii) promote regional infrastructure and market 
     integration;
       (iv) develop effective and stable regulatory frameworks;
       (v) develop renewable fuels standards and renewable 
     portfolio standards;
       (vi) establish educational training and exchange programs 
     between member countries; and
       (vii) identify and remove barriers to trade in technology, 
     services, and commodities.
       (C) An Energy for Development Initiative to promote energy 
     access for underdeveloped areas through energy policy and 
     infrastructure development, including activities that--
       (i) increase access to energy services for the poor;
       (ii) improve energy sector market conditions;
       (iii) promote rural development though biomass energy 
     production and use;
       (iv) increase transparency of, and participation in, energy 
     infrastructure projects;
       (v) promote development and deployment of technology for 
     clean and sustainable energy development, including biofuel 
     and clean coal technologies; and
       (vi) facilitate use of carbon sequestration methods in 
     agriculture and forestry and linking greenhouse gas emissions 
     reduction programs to international carbon markets.
       (c) Hemisphere Energy Industry Group.--
       (1) Authority.--The Secretary of State, in coordination 
     with the Secretary of Commerce and the Secretary of Energy, 
     should approach the governments of other countries in the 
     Western Hemisphere to seek cooperation in establishing a 
     Hemisphere Energy Industry Group, to be coordinated by the 
     United States Government, involving industry representatives 
     and government representatives from the Western Hemisphere.
       (2) Purpose.--The purpose of the forum should be to 
     increase public-private partnerships, foster private 
     investment, and enable countries of the Western Hemisphere to 
     devise energy agendas compatible with industry capacity and 
     cognizant of industry goals.
       (3) Topics of dialogues.--Topics for the forum should 
     include--
       (A) promotion of a secure investment climate;
       (B) development and deployment of biofuels and other 
     alternative fuels and clean electrical production facilities, 
     including clean coal and carbon sequestration;
       (C) development and deployment of energy efficient 
     technologies and practices, including in the industrial, 
     residential, and transportation sectors;
       (D) investment in oil and natural gas production and 
     distribution;
       (E) transparency of energy production and reserves data;
       (F) research promotion; and
       (G) training and education exchange programs.
       (d) Annual Report.--The Secretary of State, in coordination 
     with the Secretary of Energy, shall submit to the appropriate 
     congressional committees an annual report on the 
     implementation of this section, including the strategy and 
     benchmarks for measurement of progress developed under this 
     section.

     SEC. 707. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

       In this title, the term ``appropriate congressional 
     committees'' means the Committee on Foreign Relations and the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Foreign Affairs and the Committee on Energy 
     and Commerce of the House of Representatives.
                                 ______
                                 
      By Mr. MENENDEZ (for himself and Mr. Lautenberg):
  S. 1420. A bill to amend title XIX of the Social Security Act to 
require staff working with developmentally disabled individuals to call 
emergency services in the event of a life-threatening situation; to the 
Committee on Finance.
  Mr. MENENDEZ. Mr. President, I rise today with my good friend Senator 
Lautenberg to reintroduce Danielle's Act, an important piece of 
legislation that I know will save countless lives. I would also like to 
recognize Representative Rush Holt, who has championed the bill in the 
House and has been a tireless advocate for individuals with 
disabilities. This bill is named in memory of a young woman from New 
Jersey, Danielle Gruskowski, whose life was cut tragically short by a 
failure to call 9-1-1. The great State of New Jersey has already passed 
Danielle's Law, and it is time for Congress to act as well.
  In order to understand the importance of this legislation, I would 
like to share Danielle's story. She was born December 6, 1969, to Diane 
and Doug Gruskowski and raised in Carteret, NJ. Danielle was 
developmentally disabled and diagnosed with Rett Syndrome, a 
neurological disorder that causes a delay or regression in development, 
including speech, hand skills, and coordination. While Danielle needed 
help with daily activities, she managed to lead a full and active life. 
As a young adult, Danielle moved to a group home to experience the 
positive benefits of independent living. Tragically, on November 5, 
2002, Danielle passed away at the age of 32 because no one in the group 
home called 9-1-1 when she was clearly in need of emergency medical 
attention.
  So that no other mother would lose her child in such a tragic 
circumstance, Danielle's mother and her aunt, Robin Turner, developed a 
strong coalition of supporters and worked with their State 
representatives to develop and pass what we know as Danielle's Law. 
Like the New Jersey law, my bill will require staff working with 
individuals who have a developmental disability or traumatic brain 
injury to call emergency services in the event of a life-threatening 
situation. The legislation would raise the standard of care by 
improving staff training and ensuring that individuals with 
developmental disabilities get emergency care when they need it.
  All Americans deserve an advocate, and today I am speaking for those 
who often cannot speak for themselves. I am proud to be an advocate for 
individuals with disabilities, and I am proud to be an advocate for the 
families in New Jersey who are counting on safe, secure, and healthy 
independent living environments for their loved ones with disabilities. 
I also would like to recognize the hard-working caregivers and staff 
who help provide for the needs of those with disabilities. They show 
their compassion every day when they show up for work, performing one 
of the most difficult but rewarding jobs in our society--caring for 
someone's mother, father, son, or daughter. These caregivers play such 
a critical role in our society and their contributions are to be 
commended. By raising awareness and education about Danielle's Law, my 
hope is that more caregivers will realize how important it is to call 
9-1-1 for all life-threatening situations and that better training and 
support will be provided to staff across the country.
  I am reintroducing this legislation to remember Danielle and to make 
sure no other family or community experiences the pain and suffering of 
losing a loved one to an avoidable death. I hope my colleagues will 
join me in supporting this important bill.
  I ask unanimous consent that the text of the bill be printed in the 
Record.

[[Page 13032]]

  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1420

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as ``Danielle's Act''.

     SEC. 2. REQUIREMENT OF STAFF WORKING WITH DEVELOPMENTALLY 
                   DISABLED INDIVIDUALS TO CALL EMERGENCY SERVICES 
                   IN THE EVENT OF A LIFE-THREATENING SITUATION.

       (a) Requirement.--Section 1902(a) of the Social Security 
     Act (42 U.S.C. 1396a(a)) is amended--
       (1) in paragraph (69), by striking ``and'' at the end;
       (2) in paragraph (70), by striking the period at the end 
     and inserting ``; and''; and
       (3) by inserting after paragraph (70) the following new 
     paragraph:
       ``(71) provide, in accordance with regulations of the 
     Secretary, that direct care staff providing health-related 
     services to a individual with a developmental disability or 
     traumatic brain injury are required to call the 911 emergency 
     telephone service or equivalent emergency management service 
     for assistance in the event of a life-threatening emergency 
     to such individual and to report such call to the appropriate 
     State agency or department.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     take effect on January 1, 2008.
                                 ______
                                 
      By Mr. AKAKA:
  S. 1421. A bill to provide for the maintenance, management, and 
availability for research of assets of Air Force Health Study; to the 
Committee on Veterans' Affairs.

  Mr. AKAKA. Mr. President, today I am introducing legislation intended 
to ensure that valuable biological specimens and data from a seminal 
Air Force Health Study will be properly maintained and safeguarded for 
future research opportunities.
  In 1979, the U.S. Air Force began a study that lasted over 20 years 
to evaluate the health outcomes of occupational exposure to agent 
orange among the men who were members of Operation Ranch Hand during 
the Vietnam War. That study is now completed.
  During six cycles of examinations--1982, 1985, 1987, 1992, 1997, and 
2002--in which 2,758 members of the Air Force participated, data and 
specimens were gathered. No other epidemiological data set of Vietnam 
veterans contains as detailed information over as long a time period. 
Analysis of this data has contributed to a greater understanding of the 
long-term health effects of exposure to agent orange. Approximately 
$143 million was spent on this study.
  An amendment I authored last year, which was included in the 2006 
National Defense Authorization Act, resulted in transferring Ranch Hand 
Study materials from the Air Force to the Medical Follow-Up Agency of 
the Institute of Medicine for preservation and future use. In order to 
make the most effective use of this material, the Medical Follow-Up 
Agency requires small amounts of funding for several years to ensure 
that the specimens and data are properly maintained in a useful format 
and made available for further research.
  My bill is consistent with the recommendations of the Institute of 
Medicine's report on the disposition of the study. I urge my colleagues 
to support this legislation.
                                 ______
                                 
      By Mr. LUGAR:
  S. 1422. A bill to direct the Secretary of Agriculture to establish a 
program to provide to agricultural operators and producers a reserve to 
assist in the stabilization of farm income during low-revenue years, to 
assist operators and producers to invest in value-added farms, to 
promote higher levels of environmental stewardship, and for other 
purposes; to the Committee on Finance.
  Mr. LUGAR. Mr. President, I rise to introduce the Farm Risk 
Management Act for the 21st Century. This bill is a blueprint on how to 
transition away from the farm programs linked to the Great Depression 
into a new market driven system. We have also suggested how Congress 
could utilize achieved savings to improve our farm economy, our 
environment, alleviate hunger, promote renewable energy, and reduce our 
Federal deficit.
  Current Federal Farm Programs target payments to a relatively narrow 
sector of American farmers and provide direct payments regardless of 
commodity prices. The bulk of these payments are made to growers of 
just 5 crops. Cotton, rice, corn, wheat, and soybean farmers receive 
about 85 percent of the annual payments provided by U.S. taxpayers. 
Notably, about 70 percent of these payments go to only 10 percent of 
our nation's farmers.
  The current farm subsidy system is inequitable, inefficient, and 
disconnected from the core goal of maintaining a family farm safety 
net. It is also self-perpetuating, in that it stimulates over-
production and stagnant prices that produce calls for greater 
Government support. I believe that what we need is a true safety net 
that would embrace all farmers, avoid incentives to overproduce 
commodities when market signals do not exist, and lower costs for 
taxpayers.
  On my farm in Marion County, IN, we have 604 acres of corn, soybeans, 
and trees. This farm currently qualifies and receives direct payments 
as well as counter-cyclical and loan deficiency payments when prices 
dictate. Under this new plan we would continue to receive these 
payments for one year. After that year the farm will receive direct 
payments that decline over the next 5 years, and most of those payments 
would be deposited in an individual risk management account held in 
conjunction with the Secretary of Agriculture at a lending institution 
of our choice. We would be able to use funds from this risk management 
account to purchase crop or revenue insurance, to invest in enterprises 
that add value to the crops we produce, or to cover losses not covered 
by crop or revenue insurance compared to the 5 year revenue average of 
our operation. This legislation would also provide incentives for 
employing environmentally responsible farming techniques and other 
conservation practices.
  In addition to being a more market oriented approach, the plan also 
has the added advantage of saving Federal resources, which will be 
invested in conservation activities, domestic and international 
nutrition programs, bioenergy research and deployment, and deficit 
reduction.
                                 ______
                                 
      By Mr. PRYOR (for himself, Ms. Collins, and Mr. Warner):
  S. 1425. A bill to enhance the defense nanotechnology research and 
development program; to the Committee on Armed Services.
  Mr. PRYOR. Mr. President, I rise today with my colleagues Senator 
Collins from Maine and Senator Warner from Virginia to introduce 
legislation to strengthen the Department of Defense nanotechnology 
initiative. I greatly appreciate their strong leadership on this issue 
and their understanding of the importance of how the development of 
nanotechnology will impact our armed forces in the future.
  This bill, the Defense Nanotechnology Research and Development Act of 
2007, sustains the Department's nanotechnology research and development 
program while at the same time transitioning the technologies developed 
into products that can enhance the United States military capability.
  The Department of Defense has done a tremendous job conducting 
nanotechnology research and development. Examples of this 
nanotechnology research include improved energy absorbing body armor, 
lightweight batteries, and novel chemical and biological sensor. I 
believe now is the time to start the transition of this research into 
new technologies and products to protect our military personnel and 
enhance our war fighting capability.
  The Department of Defense has a long history of successfully 
supporting innovative nanotechnology research efforts for the future 
advancement of the war fighter and battle systems. Congress established 
the defense nanotechnology research program Section 246 of the Bob 
Stump National Defense Authorization Act for fiscal year 2003, Public 
Law 107-314, which this bill updates and enhances. Section 246 requires 
the Secretary of Defense to

[[Page 13033]]

carry out a defense nanotechnology research and development program in 
coordination with other Federal agencies performing nanotechnology 
research and development activities established by the 21st Century 
Nanotechnology Research and Development Act, Public Law 108-153. The 
investment strategy described in the National Nanotechnology 
Initiative, or NNI, Strategic Plan identifies and defines 7 major 
subject categories, or program component areas, relating to areas of 
investment that are critical to accomplishing the overall goals of the 
NNI. The Department of Defense has organized its nanotechnology 
research to align with these 7 program component areas and each year 
since 2004 has submitted to Congress an annual report on the 
nanotechnology programs within the Department of Defense.
  This bill requires the Secretary of Defense to act through the Under 
Secretary for Acquisition, Technology and Logistics, who shall 
supervise the planning, management, and coordination of the program. We 
believe this office can best achieve the goals of maintaining a state-
of-the-art research and development program while simultaneously 
accomplishing technology transition. The bill directs the Department to 
coordinate all nanoscale research and development within the Department 
of Defense with other departments and agencies of the United States 
that are involved in the NNI and with the National Nanotechnology 
Coordination Office, NNCO, including providing appropriate funds to 
support the NNCO. The bill also directs the Department to develop a 
strategic plan for defense nanotechnology research and development that 
integrates with the NNI strategic plan, issue policy guidance each year 
to the defense agencies and services that prioritizes the Program's 
research initiatives, state a clear strategy for transitioning the 
research into products needed by the Department of Defense, and develop 
a plan to transition nanoscale research and development within the 
Department of Defense, including the Small Business Innovative Research 
and Small Business Technology Transfer Research programs, to the 
Department of Defense Manufacturing Technology program.
  Finally, the bill requires the Department to submit a biennial report 
to the congressional defense committees describing the Department's 
coordination with the other departments and agencies participating in 
the NNI, a review of the findings relating to the Department by the NNI 
triennial external review, an assessment of the Department's technology 
transition from research to enhanced war fighting capability, an 
evaluation of nanotechnology used in foreign defense systems, and an 
appraisal of the defense nanotechnology manufacturing and industrial 
base. Because there is a need for metrics and goals to ensure that the 
Department's nanotechnology program is well structured and successfully 
developing needed defense technologies, the bill requires a review by 
the Government Accountability Office of the overall Department 
nanotechnology program.
  Nanotechnology is one of the next great scientific frontiers with the 
potential to enable novel applications that can enhance war fighting 
and battle system capabilities. I am proud to say that in Arkansas 
several universities including the University of Arkansas, the 
University of Arkansas at Little Rock, and Arkansas State University 
are performing research and technology development in support of the 
Department of Defense nanotechnology program. One example of particular 
note is the Center for Ferroelectric Electronic-Photonic Nanodevices 
that is developing new nanomagnetic devices for high performance 
information and communication technology. Our Arkansas small businesses 
are also contributing to the defense nanotechnology industrial base by 
developing novel nanoscale materials, devices, and products.
  I am very excited by the future nanotechnology holds for Arkansas and 
the United States. As a member of the Senate Armed Services Committee I 
look forward to working to strengthen the Department of Defense 
nanotechnology program.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1425

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

     SECTION 1. ENHANCEMENT OF DEFENSE NANOTECHNOLOGY RESEARCH AND 
                   DEVELOPMENT PROGRAM.

       (a) Program Purposes.--Subsection (b) of section 246 of the 
     Bob Stump National Defense Authorization Act for Fiscal Year 
     2003 (Public Law 107-314; 116 Stat. 2500; 10 U.S.C. 2358 
     note) is amended--
       (1) in paragraph (2), by striking ``in nanoscale research 
     and development'' and inserting ``in the National 
     Nanotechnology Initiative and with the National 
     Nanotechnology Coordination Office under section 3 of the 
     21st Century Nanotechnology Research and Development Act (15 
     U.S.C. 7502)''; and
       (2) in paragraph (3), by striking ``portfolio of 
     fundamental and applied nanoscience and engineering research 
     initiatives'' and inserting ``portfolio of nanotechnology 
     research and development initiatives''.
       (b) Program Administration.--
       (1) Administration through under secretary of defense for 
     acquisition, technology, and logistics.--Subsection (c) of 
     such section is amended--
       (A) by striking ``the Director of Defense Research and 
     Engineering'' and inserting ``the Under Secretary of Defense 
     for Acquisition, Technology, and Logistics''; and
       (B) by striking ``The Director'' and inserting ``The Under 
     Secretary''.
       (2) Other administrative matters.--Such subsection is 
     further amended--
       (A) in paragraph (2), by striking ``the Department's 
     increased investment in nanotechnology and the National 
     Nanotechnology Initiative; and'' and inserting ``investments 
     by the Department and other departments and agencies 
     participating in the National Nanotechnology Initiative in 
     nanotechnology research and development;'';
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(4) oversee interagency coordination of the program with 
     other departments and agencies participating in the National 
     Nanotechnology Initiative, including providing appropriate 
     funds to support the National Nanotechnology Coordination 
     Office.''.
       (c) Program Activities.--Such section is further amended--
       (1) by striking subsection (d); and
       (2) by adding at the end the following new subsection (d):
       ``(d) Activities.--Activities under the program shall 
     include the following:
       ``(1) The development of a strategic plan for defense 
     nanotechnology research and development that is integrated 
     with the strategic plan for the National Nanotechnology 
     Initiative.
       ``(2) The issuance on an annual basis of policy guidance to 
     the military departments and the Defense Agencies that--
       ``(A) establishes research priorities under the program;
       ``(B) provides for the determination and documentation of 
     the benefits to the Department of Defense of research under 
     the program; and
       ``(C) sets forth a clear strategy for transitioning the 
     research into products needed by the Department.
       ``(3) Advocating for the transition of nanotechnologies in 
     defense acquisition programs, including the development of 
     nanomanufacturing capabilities and a nanotechnology defense 
     industrial base.''.
       (d) Reports.--Such section is further amended by adding at 
     the end the following new subsection:
       ``(e) Reports.--(1) Not later than March 1 of each of 2009, 
     2011, and 2013, the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics shall submit to the 
     congressional defense committees a report on the program.
       ``(2) Each report under paragraph (1) shall include the 
     following:
       ``(A) A review of--
       ``(i) the long-term challenges and specific technical goals 
     of the program; and
       ``(ii) the progress made toward meeting such challenges and 
     achieving such goals.
       ``(B) An assessment of current and proposed funding levels 
     for the program, including an assessment of the adequacy of 
     such funding levels to support program activities.
       ``(C) A review of the coordination of activities under the 
     program within the Department of Defense, with other 
     departments and agencies of the United States, and with the 
     National Nanotechnology Initiative.
       ``(D) A review and analysis of the findings and 
     recommendations relating to the Department of Defense of the 
     most recent triennial external review of the National 
     Nanotechnology Program under section 5 of the 21st Century 
     Nanotechnology Research and Development Act (15 U.S.C. 1704), 
     and a description of initiatives of the Department to 
     implement such recommendations.

[[Page 13034]]

       ``(E) An assessment of technology transition from 
     nanotechnology research and development to enhanced 
     warfighting capabilities, including contributions from the 
     Department of Defense Small Business Innovative Research and 
     Small Business Technology Transfer Research programs, and the 
     Department of Defense Manufacturing Technology program, and 
     an identification of acquisition programs and deployed 
     defense systems that are incorporating nanotechnologies.
       ``(F) An assessment of global nanotechnology research and 
     development in areas of interest to the Department, including 
     an identification of the use of nanotechnologies in any 
     foreign defense systems.
       ``(G) An assessment of the defense nanotechnology 
     manufacturing and industrial base and its capability to meet 
     the near and far term requirements of the Department.
       ``(H) Such recommendations for additional activities under 
     the program to meet emerging national security requirements 
     as the Under Secretary considers appropriate.
       ``(3) Each report under paragraph (1) shall be submitted in 
     unclassified form, but may include a classified annex.''.
       (e) Comptroller General Report on Program.--Not later than 
     March 31, 2010, the Comptroller General of the United States 
     shall submit to the congressional defense committees a report 
     setting forth the assessment of the Comptroller General of 
     the progress made by the Department of Defense in achieving 
     the purposes of the defense nanotechnology research and 
     development program required by section 246 of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003 (as 
     amended by this section).
                                 ______
                                 
      By Mrs. CLINTON (for herself, Mrs. Boxer, Ms. Mikulski, Mr. 
        Lautenberg, Mr. Leahy, Ms. Landrieu, and Mr. Akaka):
  S. 1427. A bill to establish the Federal Emergency Management Agency 
as an independent agency, and for other purposes; to the Committee on 
Homeland Security and Governmental Affairs.
  Mrs. CLINTON. Mr. President, today I am introducing legislation to 
remove the Federal Emergency Management Agency, FEMA, from the 
Department of Homeland Security and restore it as an independent, 
cabinet-level agency.
  In the days after Hurricanes Katrina and Rita, Americans witnessed 
incompetence on the part of FEMA, the Department of Homeland Security, 
and the Administration in responding to a catastrophe of this 
magnitude. Countless Americans who were left behind were failed by 
their government when they needed help the most.
  Sadly, the tragedy continues for the more than 80,000 people still 
living in trailers and for the cities and towns still struggling to 
rebuild. In the years since the catastrophes of Katrina and Rita, 
FEMA's failures have continued.
  The Inspector General for the Department of Homeland Security found 
that FEMA awarded $3.6 billion in contracts to maintain trailers for 
hurricane victims to companies with no ties to the Gulf Coast region 
and bad paperwork.
  In the aftermath of Hurricanes Katrina and Rita, FEMA wasted $1 
billion in improper payments to individuals. FEMA spent $900 million on 
trailers that could not be used in flood zones. And FEMA paid $1.8 
billion for hotel rooms and cruise ship cabins that were more expensive 
than apartments.
  It was reported recently that more than $40 million worth of 
stockpiled food for the 2006 hurricane season spoiled due to FEMA's 
lack of preparation.
  FEMA also disclosed in recent days that it will not have a new 
national response plan ready in time for the start of this year's 
hurricane season.
  It is past time to restore competence and accountability, and to 
reestablish FEMA as an independent agency outside the Department of 
Homeland Security.
  In the Clinton administration, the head of FEMA reported directly to 
the President of the United States and that direct communication meant 
the buck stopped with the President, instead of being lost in the 
bureaucracy.
  The Government Accountability Office says that managing the 
transformation of an agency of the size and complexity of the 
Department of Homeland Security will likely span a number of years. 
Unfortunately with regard to preparing and recovering from a disaster, 
we cannot wait years for the Department of Homeland Security to live up 
to its intended mission. When the next disaster or catastrophe happens, 
we cannot afford to say that we'll be ready next time.
  Under my legislation, the Director of FEMA reports directly to the 
President and would have full authority to coordinate with all agencies 
and to take the necessary action to ensure resources and recovery 
personnel are deployed quickly in an emergency to impacted areas.
  When we created the Department of Homeland Security, in the Homeland 
Security Act of 2002, I said then that I was deeply concerned about 
moving FEMA under the Department of Homeland Security because when it 
operated as an independent agency, especially on September 11 and in 
the response thereafter, it was highly-functioning, and well-run.
  I remarked then that moving FEMA under the Department of Homeland 
Security must not force a highly-functioning and competent agency into 
a bureaucracy that will challenge integration and diminish FEMA's 
effectiveness in responding to crises of all kinds. Unfortunately, that 
seems to be exactly what has happened and that is exactly what we must 
fix.
  The bureaucracy created by moving FEMA under the Department of 
Homeland Security is clearly not working and we must ensure that FEMA 
has the ability and the authority to respond to a disaster or 
catastrophe. I thank all of my colleagues who have cosponsored this 
legislation and I hope that every Senator in this chamber will 
cosponsor this legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1427

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Emergency Management 
     Improvement Act of 2007''.

              TITLE I--FEDERAL EMERGENCY MANAGEMENT AGENCY

     SEC. 101. DEFINITIONS.

       In this title--
       (1) the term ``catastrophic incident'' means any natural 
     disaster, act of terrorism, or other man-made disaster that 
     results in extraordinary levels of casualties or damage or 
     disruption severely affecting the population (including mass 
     evacuations), infrastructure, environment, economy, national 
     morale, or government functions in an area;
       (2) the term ``Director'' means the Director of the Federal 
     Emergency Management Agency ;
       (3) the term ``Federal coordinating officer'' means a 
     Federal coordinating officer as described in section 302 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5143);
       (4) the term ``interoperable'' has the meaning given the 
     term ``interoperable communications'' under section 
     7303(g)(1) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (6 U.S.C. 194(g)(1));
       (5) the term ``National Advisory Council'' means the 
     National Advisory Council established under section 508 of 
     the Homeland Security Act of 2002;
       (6) the term ``National Incident Management System'' means 
     a system to enable effective, efficient, and collaborative 
     incident management;
       (7) the term ``National Response Plan'' means the National 
     Response Plan or any successor plan prepared under section 
     104(b)(6);
       (8) the term ``Nuclear Incident Response Team'' means a 
     resource that includes--
       (A) those entities of the Department of Energy that perform 
     nuclear or radiological emergency support functions 
     (including accident response, search response, advisory, and 
     technical operations functions), radiation exposure functions 
     at the medical assistance facility known as the Radiation 
     Emergency Assistance Center/Training Site (REAC/TS), 
     radiological assistance functions, and related functions; and
       (B) those entities of the Environmental Protection Agency 
     that perform such support functions (including radiological 
     emergency response functions) and related functions; and
       (9) the term ``tribal government'' means the government of 
     any entity described under section 2(10)(B) of the Homeland 
     Security Act of 2002 (6 U.S.C. 101).

     SEC. 102. ESTABLISHMENT OF AGENCY AND DIRECTOR AND DEPUTY 
                   DIRECTOR.

       (a) Establishment.--The Federal Emergency Management Agency 
     is established as an independent establishment in the 
     executive branch as defined under section 104 of title 5, 
     United States Code.
       (b) Director.--

[[Page 13035]]

       (1) In general.--The Director of the Federal Emergency 
     Management Agency shall be the head of the Federal Emergency 
     Management Agency. The Director shall be appointed by the 
     President, by and with the advice and consent of the Senate. 
     The Director shall report directly to the President.
       (2) Qualifications.--The Director of the Federal Emergency 
     Management Agency shall have significant experience, 
     knowledge, training, and expertise in the area of emergency 
     preparedness, response, recovery, and mitigation as related 
     to natural disasters and other national cataclysmic events.
       (3) Executive schedule position.--Section 5312 of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``Director of the Federal Emergency Management Agency.''.
       (4) Principal advisor on emergency management.--
       (A) In general.--The Director of the Federal Emergency 
     Management Agency is the principal advisor to the President, 
     the Homeland Security Council, and the Secretary of Homeland 
     Security for all matters relating to emergency management in 
     the United States.
       (B) Advice and recommendations.--
       (i) In general.--In presenting advice with respect to any 
     matter to the President, the Homeland Security Council, or 
     the Secretary of Homeland Security, the Director of the 
     Federal Emergency Management Agency shall, as the Director 
     considers appropriate, inform the President, the Homeland 
     Security Council, or the Secretary, as the case may be, of 
     the range of emergency preparedness, protection, response, 
     recovery, and mitigation options with respect to that matter.
       (ii) Advice on request.--The Director of the Federal 
     Emergency Management Agency, as the principal advisor on 
     emergency management, shall provide advice to the President, 
     the Homeland Security Council, or the Secretary of Homeland 
     Security on a particular matter when the President, the 
     Homeland Security Council, or the Secretary requests such 
     advice.
       (iii) Recommendations to congress.--After informing the 
     President, the Director of the Federal Emergency Management 
     Agency may make such recommendations to Congress relating to 
     emergency management as the Director considers appropriate.
       (5) Cabinet status.--The President shall designate the 
     Administrator to serve as a member of the Cabinet in the 
     event of natural disasters, acts of terrorism, or other man-
     made disasters.
       (c) Deputy Director.--
       (1) In general.--The Deputy Director of the Federal 
     Emergency Management Agency shall assist the Director of the 
     Federal Emergency Management Agency. The Deputy Director 
     shall be appointed by the President, by and with the advice 
     and consent of the Senate.
       (2) Qualifications.--The Deputy Director of the Federal 
     Emergency Management Agency shall have significant 
     experience, knowledge, training, and expertise in the area of 
     emergency preparedness, response, recovery, and mitigation as 
     related to natural disasters and other national cataclysmic 
     events.
       (3) Executive schedule position.--Section 5313 of title 5, 
     United States Code, is amended--
       (A) by striking the following:
       ``Administrator of the Federal Emergency Management 
     Agency.''; and
       (B) by adding at the end the following:
       ``Deputy Director of the Federal Emergency Management 
     Agency.''.

     SEC. 103. MISSION.

       (a) Primary Mission.--The primary mission of the Federal 
     Emergency Management Agency is to reduce the loss of life and 
     property and protect the Nation from all hazards, including 
     natural disasters, acts of terrorism, and other man-made 
     disasters, by leading and supporting the Nation in a risk-
     based, comprehensive emergency management system of 
     preparedness, protection, response, recovery, and mitigation.
       (b) Specific Activities.--In support of the primary mission 
     of the Federal Emergency Management Agency, the Director 
     shall--
       (1) lead the Nation's efforts to prepare for, protect 
     against, respond to, recover from, and mitigate against the 
     risk of natural disasters, acts of terrorism, and other man-
     made disasters, including catastrophic incidents;
       (2) partner with State, local, and tribal governments and 
     emergency response providers, with other Federal agencies, 
     with the private sector, and with nongovernmental 
     organizations to build a national system of emergency 
     management that can effectively and efficiently utilize the 
     full measure of the Nation's resources to respond to natural 
     disasters, acts of terrorism, and other man-made disasters, 
     including catastrophic incidents;
       (3) develop a Federal response capability that, when 
     necessary and appropriate, can act effectively and rapidly to 
     deliver assistance essential to saving lives or protecting or 
     preserving property or public health and safety in a natural 
     disaster, act of terrorism, or other man-made disaster;
       (4) integrate the Federal Emergency Management Agency's 
     emergency preparedness, protection, response, recovery, and 
     mitigation responsibilities to confront effectively the 
     challenges of a natural disaster, act of terrorism, or other 
     man-made disaster;
       (5) develop and maintain robust Regional Offices that will 
     work with State, local, and tribal governments, emergency 
     response providers, and other appropriate entities to 
     identify and address regional priorities;
       (6) coordinate with the Secretary of Homeland Security, the 
     Commandant of the Coast Guard, the Director of Customs and 
     Border Protection, the Director of Immigration and Customs 
     Enforcement, the National Operations Center, and other 
     agencies and offices in the Department of Homeland Security 
     to take full advantage of the substantial range of resources 
     in that Department;
       (7) provide funding, training, exercises, technical 
     assistance, planning, and other assistance to build tribal, 
     local, State, regional, and national capabilities (including 
     communications capabilities), necessary to respond to a 
     natural disaster, act of terrorism, or other man-made 
     disaster; and
       (8) develop and coordinate the implementation of a risk-
     based, all-hazards strategy for preparedness that builds 
     those common capabilities necessary to respond to natural 
     disasters, acts of terrorism, and other man-made disasters 
     while also building the unique capabilities necessary to 
     respond to specific types of incidents that pose the greatest 
     risk to our Nation.

     SEC. 104. AUTHORITY AND RESPONSIBILITIES.

       (a) In General.--The Director of the Federal Emergency 
     Management Agency shall provide Federal leadership necessary 
     to prepare for, protect against, respond to, recover from, or 
     mitigate against a natural disaster, act of terrorism, or 
     other man-made disaster, including--
       (1) helping to ensure the effectiveness of emergency 
     response providers to terrorist attacks, major disasters, and 
     other emergencies;
       (2) with respect to the Nuclear Incident Response Team, 
     regardless of whether it is operating as an organizational 
     unit of the Department of Homeland Security, and in 
     consultation with the Secretary of Homeland Security--
       (A) establishing standards and certifying when those 
     standards have been met;
       (B) conducting joint and other exercises and training and 
     evaluating performance; and
       (C) providing funds to the Department of Energy and the 
     Environmental Protection Agency, as appropriate, for homeland 
     security planning, exercises and training, and equipment;
       (3) providing the Federal Government's response to 
     terrorist attacks and major disasters, including--
       (A) managing such response;
       (B) directing the Domestic Emergency Support Team, the 
     National Disaster Medical System, and, in consultation with 
     the Secretary of Homeland Security, the Nuclear Incident 
     Response Team (when that team is operating as an 
     organizational unit of the Department of Homeland Security);
       (C) overseeing the Metropolitan Medical Response System; 
     and
       (D) coordinating other Federal response resources, 
     including requiring deployment of the Strategic National 
     Stockpile, in the event of a terrorist attack or major 
     disaster;
       (4) aiding the recovery from terrorist attacks and major 
     disasters;
       (5) building a comprehensive national incident management 
     system with Federal, State, and local government personnel, 
     agencies, and authorities, to respond to such attacks and 
     disasters;
       (6) consolidating existing Federal Government emergency 
     response plans into a single, coordinated national response 
     plan;
       (7) helping ensure the acquisition of operable and 
     interoperable communications capabilities by Federal, State, 
     local, and tribal governments and emergency response 
     providers;
       (8) assisting the President in carrying out the functions 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) and carrying out all 
     functions and authorities given to the Director under that 
     Act;
       (9) carrying out the mission of the Federal Emergency 
     Management Agency to reduce the loss of life and property and 
     protect the Nation from all hazards by leading and supporting 
     the Nation in a risk-based, comprehensive emergency 
     management system of--
       (A) mitigation, by taking sustained actions to reduce or 
     eliminate long-term risks to people and property from hazards 
     and their effects;
       (B) preparedness, by planning, training, and building the 
     emergency management profession to prepare effectively for, 
     mitigate against, respond to, and recover from any hazard;
       (C) response, by conducting emergency operations to save 
     lives and property through positioning emergency equipment, 
     personnel, and supplies, through evacuating potential 
     victims, through providing food, water, shelter, and medical 
     care to those in need, and through restoring critical public 
     services; and
       (D) recovery, by rebuilding communities so individuals, 
     businesses, and governments can function on their own, return 
     to normal life, and protect against future hazards;

[[Page 13036]]

       (10) increasing efficiencies, by coordinating efforts 
     relating to preparedness, protection, response, recovery, and 
     mitigation;
       (11) helping to ensure the effectiveness of emergency 
     response providers in responding to a natural disaster, act 
     of terrorism, or other man-made disaster;
       (12) supervising grant programs administered by the Federal 
     Emergency Management Agency;
       (13) administering and ensuring the implementation of the 
     National Response Plan, including coordinating and ensuring 
     the readiness of each emergency support function under the 
     National Response Plan;
       (14) coordinating with the National Advisory Council 
     established under section 508 of the Homeland Security Act of 
     2002;
       (15) preparing and implementing the plans and programs of 
     the Federal Government for--
       (A) continuity of operations;
       (B) continuity of government; and
       (C) continuity of plans;
       (16) minimizing, to the extent practicable, overlapping 
     planning and reporting requirements applicable to State, 
     local, and tribal governments and the private sector;
       (17) maintaining and operating within the Federal Emergency 
     Management Agency the National Response Coordination Center 
     or its successor;
       (18) developing a national emergency management system that 
     is capable of preparing for, protecting against, responding 
     to, recovering from, and mitigating against catastrophic 
     incidents;
       (19) assisting the President in carrying out the functions 
     under the national preparedness goal and the national 
     preparedness system and carrying out all functions and 
     authorities of the Director under the national preparedness 
     System;
       (20) carrying out all authorities of the Federal Emergency 
     Management Agency; and
       (21) otherwise carrying out the mission of the Federal 
     Emergency Management Agency as described in section 103.
       (b) All-Hazards Approach.--In carrying out the 
     responsibilities under this section, the Director shall 
     coordinate the implementation of a risk-based, all-hazards 
     strategy that builds those common capabilities necessary to 
     prepare for, protect against, respond to, recover from, or 
     mitigate against natural disasters, acts of terrorism, and 
     other man-made disasters, while also building the unique 
     capabilities necessary to prepare for, protect against, 
     respond to, recover from, or mitigate against the risks of 
     specific types of incidents that pose the greatest risk to 
     the Nation.
       (c) Conflict of Authorities.--If the Director determines 
     that there is a conflict between any authority of the 
     Director under this Act, the amendments made by this Act, or 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) and any authority of 
     another Federal officer, the Director shall request that the 
     President make such determinations as may be necessary 
     regarding such authorities.

     SEC. 105. REGIONAL OFFICES.

       (a) In General.--There are in the Federal Emergency 
     Management Agency 10 regional offices, as identified by the 
     Director of the Federal Emergency Management Agency.
       (b) Management of Regional Offices.--
       (1) Regional administrator.--Each Regional Office shall be 
     headed by a Regional Administrator who shall be appointed by 
     the Director, after consulting with State, local, and tribal 
     government officials in the region. Each Regional 
     Administrator shall report directly to the Director and be in 
     the Senior Executive Service.
       (2) Qualifications.--
       (A) In general.--Each Regional Administrator shall be 
     appointed from among individuals who have a demonstrated 
     ability in and knowledge of emergency management and homeland 
     security.
       (B) Considerations.--In selecting a Regional Administrator 
     for a Regional Office, the Director shall consider the 
     familiarity of an individual with the geographical area and 
     demographic characteristics of the population served by such 
     Regional Office.
       (c) Responsibilities.--
       (1) In general.--The Regional Administrator shall work in 
     partnership with State, local, and tribal governments, 
     emergency managers, emergency response providers, medical 
     providers, the private sector, nongovernmental organizations, 
     multijurisdictional councils of governments, and regional 
     planning commissions and organizations in the geographical 
     area served by the Regional Office to carry out the 
     responsibilities of a Regional Administrator under this 
     section.
       (2) Responsibilities.--The responsibilities of a Regional 
     Administrator include--
       (A) ensuring effective, coordinated, and integrated 
     regional preparedness, protection, response, recovery, and 
     mitigation activities and programs for natural disasters, 
     acts of terrorism, and other man-made disasters (including 
     planning, training, exercises, and professional development);
       (B) assisting in the development of regional capabilities 
     needed for a national catastrophic response system;
       (C) coordinating the establishment of effective regional 
     operable and interoperable emergency communications 
     capabilities;
       (D) staffing and overseeing 1 or more strike teams within 
     the region under subsection (f), to serve as the focal point 
     of the Federal Government's initial response efforts for 
     natural disasters, acts of terrorism, and other man-made 
     disasters within that region, and otherwise building Federal 
     response capabilities to respond to natural disasters, acts 
     of terrorism, and other man-made disasters within that 
     region;
       (E) designating an individual responsible for the 
     development of strategic and operational regional plans in 
     support of the National Response Plan;
       (F) fostering the development of mutual aid and other 
     cooperative agreements;
       (G) identifying critical gaps in regional capabilities to 
     respond to populations with special needs;
       (H) maintaining and operating a Regional Response 
     Coordination Center or its successor; and
       (I) performing such other duties relating to such 
     responsibilities as the Director may require.
       (3) Training and exercise requirements.--
       (A) Training.--The Director shall require each Regional 
     Administrator to undergo specific training periodically to 
     complement the qualifications of the Regional Administrator. 
     Such training, as appropriate, shall include training with 
     respect to the National Incident Management System, the 
     National Response Plan, and such other subjects as determined 
     by the Director.
       (B) Exercises.--The Director shall require each Regional 
     Administrator to participate as appropriate in regional and 
     national exercises.
       (d) Area Offices.--
       (1) In general.--There is an Area Office for the Pacific 
     and an Area Office for the Caribbean, as components in the 
     appropriate Regional Offices.
       (2) Alaska.--The Director shall establish an Area Office in 
     Alaska, as a component in the appropriate Regional Office.
       (e) Regional Advisory Council.--
       (1) Establishment.--Each Regional Administrator shall 
     establish a Regional Advisory Council.
       (2) Nominations.--A State, local, or tribal government 
     located within the geographic area served by the Regional 
     Office may nominate officials, including Adjutants General 
     and emergency managers, to serve as members of the Regional 
     Advisory Council for that region.
       (3) Responsibilities.--Each Regional Advisory Council 
     shall--
       (A) advise the Regional Administrator on emergency 
     management issues specific to that region;
       (B) identify any geographic, demographic, or other 
     characteristics peculiar to any State, local, or tribal 
     government within the region that might make preparedness, 
     protection, response, recovery, or mitigation more 
     complicated or difficult; and
       (C) advise the Regional Administrator of any weaknesses or 
     deficiencies in preparedness, protection, response, recovery, 
     and mitigation for any State, local, and tribal government 
     within the region of which the Regional Advisory Council is 
     aware.
       (f) Regional Office Strike Teams.--
       (1) In general.--In coordination with other relevant 
     Federal agencies, each Regional Administrator shall oversee 
     multi-agency strike teams authorized under section 303 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5144) that shall consist of--
       (A) a designated Federal coordinating officer;
       (B) personnel trained in incident management;
       (C) public affairs, response and recovery, and 
     communications support personnel;
       (D) a defense coordinating officer;
       (E) liaisons to other Federal agencies;
       (F) such other personnel as the Director or Regional 
     Administrator determines appropriate; and
       (G) individuals from the agencies with primary 
     responsibility for each of the emergency support functions in 
     the National Response Plan.
       (2) Other duties.--The duties of an individual assigned to 
     a Regional Office strike team from another relevant agency 
     when such individual is not functioning as a member of the 
     strike team shall be consistent with the emergency 
     preparedness activities of the agency that employs such 
     individual.
       (3) Location of members.--The members of each Regional 
     Office strike team, including representatives from agencies 
     other than the Department, shall be based primarily within 
     the region that corresponds to that strike team.
       (4) Coordination.--Each Regional Office strike team shall 
     coordinate the training and exercises of that strike team 
     with the State, local, and tribal governments and private 
     sector and nongovernmental entities which the strike team 
     shall support when a natural disaster, act of terrorism, or 
     other man-made disaster occurs.
       (5) Preparedness.--Each Regional Office strike team shall 
     be trained as a unit on a regular basis and equipped and 
     staffed to be well prepared to respond to natural disasters, 
     acts of terrorism, and other man-made disasters, including 
     catastrophic incidents.
       (6) Authorities.--If the Director determines that statutory 
     authority is inadequate

[[Page 13037]]

     for the preparedness and deployment of individuals in strike 
     teams under this subsection, the Director shall report to 
     Congress regarding the additional statutory authorities that 
     the Director determines are necessary.

     SEC. 106. NATIONAL INTEGRATION CENTER.

       (a) In General.--There is established in the Federal 
     Emergency Management Agency a National Integration Center.
       (b) Responsibilities.--
       (1) In general.--The Director of the Federal Emergency 
     Management Agency, through the National Integration Center, 
     and in consultation with other Federal departments and 
     agencies and the National Advisory Council, shall ensure 
     ongoing management and maintenance of the National Incident 
     Management System, the National Response Plan, and any 
     successor to such system or plan.
       (2) Specific responsibilities.--The National Integration 
     Center shall periodically review, and revise as appropriate, 
     the National Incident Management System and the National 
     Response Plan, including--
       (A) establishing, in consultation with the Director of the 
     Corporation for National and Community Service, a process to 
     better use volunteers and donations;
       (B) improving the use of Federal, State, local, and tribal 
     resources and ensuring the effective use of emergency 
     response providers at emergency scenes; and
       (C) revising the Catastrophic Incident Annex, finalizing 
     and releasing the Catastrophic Incident Supplement to the 
     National Response Plan, and ensuring that both effectively 
     address response requirements in the event of a catastrophic 
     incident.
       (c) Incident Management.--
       (1) In general.--
       (A) National response plan.--The Director of the Federal 
     Emergency Management Agency, in consultation with the 
     Secretary, shall ensure that the National Response Plan 
     provides for a clear chain of command to lead and coordinate 
     the Federal response to any natural disaster, act of 
     terrorism, or other man-made disaster.
       (B) Director of the federal emergency management agency.--
     The chain of the command specified in the National Response 
     Plan shall--
       (i) provide for a role for the Director of the Federal 
     Emergency Management Agency consistent with the role of the 
     Director under this Act and the amendments made by this Act; 
     and
       (ii) provide for a role for the Federal Coordinating 
     Officer consistent with the responsibilities under section 
     302(b) of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5143(b)).
       (2) Principal federal official.--The Principal Federal 
     Official (or the successor thereto) shall not--
       (A) direct or replace the incident command structure 
     established at the incident; or
       (B) have directive authority over the Senior Federal Law 
     Enforcement Official, Federal Coordinating Officer, or other 
     Federal and State officials.

     SEC. 107. CREDENTIALING AND TYPING.

       The Director of the Federal Emergency Management Agency 
     shall enter into a memorandum of understanding with the 
     administrators of the Emergency Management Assistance 
     Compact, State, local, and tribal governments, and 
     organizations that represent emergency response providers, to 
     collaborate on developing standards for deployment 
     capabilities, including credentialing of personnel and typing 
     of resources likely needed to respond to natural disasters, 
     acts of terrorism, and other man-made disasters.

     SEC. 108. DISABILITY COORDINATOR.

       (a) In General.--After consultation with organizations 
     representing individuals with disabilities, the National 
     Council on Disabilities, and the Interagency Coordinating 
     Council on Preparedness and Individuals with Disabilities, 
     established under Executive Order No. 13347 (6 U.S.C. 312 
     note), the Director of the Federal Emergency Management 
     Agency shall appoint a Disability Coordinator. The Disability 
     Coordinator shall report directly to the Director, in order 
     to ensure that the needs of individuals with disabilities are 
     being properly addressed in emergency preparedness and 
     disaster relief.
       (b) Responsibilities.--The Disability Coordinator shall be 
     responsible for--
       (1) providing guidance and coordination on matters related 
     to individuals with disabilities in emergency planning 
     requirements and relief efforts in the event of a natural 
     disaster, act of terrorism, or other man-made disaster;
       (2) interacting with the staff of the Federal Emergency 
     Management Agency, the National Council on Disabilities, the 
     Interagency Coordinating Council on Preparedness and 
     Individuals with Disabilities established under Executive 
     Order No. 13347 (6 U.S.C. 312 note), other agencies of the 
     Federal Government, and State, local, and tribal government 
     authorities regarding the needs of individuals with 
     disabilities in emergency planning requirements and relief 
     efforts in the event of a natural disaster, act of terrorism, 
     or other man-made disaster;
       (3) consulting with organizations that represent the 
     interests and rights of individuals with disabilities about 
     the needs of individuals with disabilities in emergency 
     planning requirements and relief efforts in the event of a 
     natural disaster, act of terrorism, or other man-made 
     disaster;
       (4) ensuring the coordination and dissemination of best 
     practices and model evacuation plans for individuals with 
     disabilities;
       (5) ensuring the development of training materials and a 
     curriculum for training of emergency response providers, 
     State, local, and tribal government officials, and others on 
     the needs of individuals with disabilities;
       (6) promoting the accessibility of telephone hotlines and 
     websites regarding emergency preparedness, evacuations, and 
     disaster relief;
       (7) working to ensure that video programming distributors, 
     including broadcasters, cable operators, and satellite 
     television services, make emergency information accessible to 
     individuals with hearing and vision disabilities;
       (8) ensuring the availability of accessible transportation 
     options for individuals with disabilities in the event of an 
     evacuation;
       (9) providing guidance and implementing policies to ensure 
     that the rights and wishes of individuals with disabilities 
     regarding post-evacuation residency and relocation are 
     respected;
       (10) ensuring that meeting the needs of individuals with 
     disabilities are included in the components of the national 
     preparedness system established under section 644 of the 
     Post-Katrina Emergency Management Reform Act of 2006; and
       (11) any other duties as assigned by the Director of the 
     Federal Emergency Management Agency.

     SEC. 109. NATIONAL OPERATIONS CENTER.

       (a) Definition.--In this section, the term ``situational 
     awareness'' means information gathered from a variety of 
     sources that, when communicated to emergency managers and 
     decision makers, can form the basis for incident management 
     decisionmaking.
       (b) Establishment.--The National Operations Center is the 
     principal operations center for the Federal Emergency 
     Management Agency and shall--
       (1) provide situational awareness and a common operating 
     picture for the entire Federal Government, and for State, 
     local, and tribal governments as appropriate, in the event of 
     a natural disaster, act of terrorism, or other man-made 
     disaster; and
       (2) ensure that critical terrorism and disaster-related 
     information reaches government decision-makers.

     SEC. 110. TECHNICAL AND CONFORMING AMENDMENTS.

       (1) In general.--Title V of the Homeland Security Act of 
     2002 (6 U.S.C. 311 et seq.) is amended--
       (A) in section 501, by striking all after ``In this title'' 
     and inserting ``the term `tribal government' means the 
     government of any entity described under section 2(10)(B).'';
       (B) by striking sections 503 through 507, 509, 510, 513, 
     and 515;
       (C) in section 508--
       (i) by striking ``Administrator'' each place that term 
     appears and inserting ``Director of Federal Emergency 
     Management Agency''; and
       (ii) in subsection (c)--

       (I) in paragraph (1), by inserting ``in consultation with 
     the Secretary,'' before ``and shall, to the extent 
     practicable''; and
       (II) in paragraph (3), by inserting ``, in consultation 
     with the Secretary,'' before ``shall designate'';

       (D) in section 512(c), by striking ``Administrator'' each 
     place that term appears and inserting ``Secretary''; and
       (E) in section 514--
       (i) by striking subsection (a); and
       (ii) redesignating subsections (b) and (c) as subsections 
     (a) and (b), respectively.
       (2) Table of contents.--The table of contents for the 
     Homeland Security Act of 2002 (6 U.S.C. 101) is amended by 
     striking the items relating to sections 503 through 510, 513 
     and 515.

     SEC. 111. RULE OF CONSTRUCTION.

       Nothing in this Act shall be construed to detract from the 
     Department of Homeland Security's primary mission to secure 
     the homeland from terrorist attacks.

               TITLE II--TRANSFER AND SAVINGS PROVISIONS

     SEC. 201. DEFINITIONS.

       In this title, unless otherwise provided or indicated by 
     the context--
       (1) the term ``Federal agency'' has the meaning given to 
     the term ``agency'' by section 551(1) of title 5, United 
     States Code;
       (2) the term ``function'' means any duty, obligation, 
     power, authority, responsibility, right, privilege, activity, 
     or program; and
       (3) the term ``office'' includes any office, 
     administration, agency, institute, unit, organizational 
     entity, or component thereof.

     SEC. 202. TRANSFER OF FUNCTIONS.

       There are transferred to the Federal Emergency Management 
     Agency established under section 101 of this Act all 
     functions which the Director of the Federal Emergency 
     Management Agency of the Department of Homeland Security 
     exercised before the date of the enactment of this title, 
     including all the functions described under section 505 of 
     the Homeland Security Act of 2002 (before the repeal of that 
     section under section 104 of this Act).

[[Page 13038]]



     SEC. 203. PERSONNEL PROVISIONS.

       (a) Appointments.--The Director of the Federal Emergency 
     Management Agency may appoint and fix the compensation of 
     such officers and employees, including investigators, 
     attorneys, and administrative law judges, as may be necessary 
     to carry out the respective functions transferred under this 
     title. Except as otherwise provided by law, such officers and 
     employees shall be appointed in accordance with the civil 
     service laws and their compensation fixed in accordance with 
     title 5, United States Code.
       (b) Experts and Consultants.--The Director of the Federal 
     Emergency Management Agency may obtain the services of 
     experts and consultants in accordance with section 3109 of 
     title 5, United States Code, and compensate such experts and 
     consultants for each day (including traveltime) at rates not 
     in excess of the rate of pay for level IV of the Executive 
     Schedule under section 5315 of such title. The Director of 
     the Federal Emergency Management Agency may pay experts and 
     consultants who are serving away from their homes or regular 
     place of business, travel expenses and per diem in lieu of 
     subsistence at rates authorized by sections 5702 and 5703 of 
     such title for persons in Government service employed 
     intermittently.

     SEC. 204. DELEGATION AND ASSIGNMENT.

       Except where otherwise expressly prohibited by law or 
     otherwise provided by this title, the Director of the Federal 
     Emergency Management Agency may delegate any of the functions 
     transferred to the Director of the Federal Emergency 
     Management Agency by this title and any function transferred 
     or granted to such Director after the effective date of this 
     title to such officers and employees of the Federal Emergency 
     Management Agency as the Director may designate, and may 
     authorize successive redelegations of such functions as may 
     be necessary or appropriate. No delegation of functions by 
     the Director of the Federal Emergency Management Agency under 
     this section or under any other provision of this title shall 
     relieve such Director of responsibility for the 
     administration of such functions.

     SEC. 205. REORGANIZATION.

       The Director of the Federal Emergency Management Agency is 
     authorized to allocate or reallocate any function transferred 
     under section 202 among the officers of the Federal Emergency 
     Management Agency, and to establish, consolidate, alter, or 
     discontinue such organizational entities in the Federal 
     Emergency Management Agency as may be necessary or 
     appropriate.

     SEC. 206. RULES.

       The Director of the Federal Emergency Management Agency is 
     authorized to prescribe, in accordance with the provisions of 
     chapters 5 and 6 of title 5, United States Code, such rules 
     and regulations as the Director determines necessary or 
     appropriate to administer and manage the functions of the 
     Federal Emergency Management Agency.

     SEC. 207. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND 
                   PERSONNEL.

       Except as otherwise provided in this title, the personnel 
     employed in connection with, and the assets, liabilities, 
     contracts, property, records, and unexpended balances of 
     appropriations, authorizations, allocations, and other funds 
     employed, used, held, arising from, available to, or to be 
     made available in connection with the functions transferred 
     by this title, subject to section 1531 of title 31, United 
     States Code, shall be transferred to the Federal Emergency 
     Management Agency. Unexpended funds transferred pursuant to 
     this section shall be used only for the purposes for which 
     the funds were originally authorized and appropriated.

     SEC. 208. INCIDENTAL TRANSFERS.

       The Director of the Office of Management and Budget, at 
     such time or times as the Director shall provide, is 
     authorized to make such determinations as may be necessary 
     with regard to the functions transferred by this title, and 
     to make such additional incidental dispositions of personnel, 
     assets, liabilities, grants, contracts, property, records, 
     and unexpended balances of appropriations, authorizations, 
     allocations, and other funds held, used, arising from, 
     available to, or to be made available in connection with such 
     functions, as may be necessary to carry out the provisions of 
     this title. The Director of the Office of Management and 
     Budget shall provide for the termination of the affairs of 
     all entities terminated by this title and for such further 
     measures and dispositions as may be necessary to effectuate 
     the purposes of this title.

     SEC. 209. EFFECT ON PERSONNEL.

       (a) In General.--Except as otherwise provided by this 
     title, the transfer pursuant to this title of full-time 
     personnel (except special Government employees) and part-time 
     personnel holding permanent positions shall not cause any 
     such employee to be separated or reduced in grade or 
     compensation for one year after the date of transfer of such 
     employee under this title.
       (b) Executive Schedule Positions.--Except as otherwise 
     provided in this title, any person who, on the day preceding 
     the effective date of this title, held a position compensated 
     in accordance with the Executive Schedule prescribed in 
     chapter 53 of title 5, United States Code, and who, without a 
     break in service, is appointed in the Federal Emergency 
     Management Agency to a position having duties comparable to 
     the duties performed immediately preceding such appointment 
     shall continue to be compensated in such new position at not 
     less than the rate provided for such previous position, for 
     the duration of the service of such person in such new 
     position.

     SEC. 210. SAVINGS PROVISIONS.

       (a) Continuing Effect of Legal Documents.--All orders, 
     determinations, rules, regulations, permits, agreements, 
     grants, contracts, certificates, licenses, registrations, 
     privileges, and other administrative actions--
       (1) which have been issued, made, granted, or allowed to 
     become effective by the President, any Federal agency or 
     official thereof, or by a court of competent jurisdiction, in 
     the performance of functions which are transferred under this 
     title, and
       (2) which are in effect at the time this title takes 
     effect, or were final before the effective date of this title 
     and are to become effective on or after the effective date of 
     this title,
     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the President, the Director of the 
     Federal Emergency Management Agency or other authorized 
     official, a court of competent jurisdiction, or by operation 
     of law.
       (b) Proceedings Not Affected.--The provisions of this title 
     shall not affect any proceedings, including notices of 
     proposed rulemaking, or any application for any license, 
     permit, certificate, or financial assistance pending before 
     the Federal Emergency Management Agency at the time this 
     title takes effect, with respect to functions transferred by 
     this title but such proceedings and applications shall 
     continue. Orders shall be issued in such proceedings, appeals 
     shall be taken therefrom, and payments shall be made pursuant 
     to such orders, as if this title had not been enacted, and 
     orders issued in any such proceedings shall continue in 
     effect until modified, terminated, superseded, or revoked by 
     a duly authorized official, by a court of competent 
     jurisdiction, or by operation of law. Nothing in this 
     subsection shall be deemed to prohibit the discontinuance or 
     modification of any such proceeding under the same terms and 
     conditions and to the same extent that such proceeding could 
     have been discontinued or modified if this title had not been 
     enacted.
       (c) Suits Not Affected.--The provisions of this title shall 
     not affect suits commenced before the effective date of this 
     title, and in all such suits, proceedings shall be had, 
     appeals taken, and judgments rendered in the same manner and 
     with the same effect as if this title had not been enacted.
       (d) Nonabatement of Actions.--No suit, action, or other 
     proceeding commenced by or against the Federal Emergency 
     Management Agency, or by or against any individual in the 
     official capacity of such individual as an officer of the 
     Federal Emergency Management Agency, shall abate by reason of 
     the enactment of this title.
       (e) Administrative Actions Relating to Promulgation of 
     Regulations.--Any administrative action relating to the 
     preparation or promulgation of a regulation by the Federal 
     Emergency Management Agency relating to a function 
     transferred under this title may be continued by the Federal 
     Emergency Management Agency with the same effect as if this 
     title had not been enacted.

     SEC. 211. SEPARABILITY.

       If a provision of this title or its application to any 
     person or circumstance is held invalid, neither the remainder 
     of this title nor the application of the provision to other 
     persons or circumstances shall be affected.

     SEC. 212. TRANSITION.

       The Director of the Federal Emergency Management Agency is 
     authorized to utilize--
       (1) the services of such officers, employees, and other 
     personnel of the Federal Emergency Management Agency with 
     respect to functions transferred by this title; and
       (2) funds appropriated to such functions for such period of 
     time as may reasonably be needed to facilitate the orderly 
     implementation of this title.

     SEC. 213. REFERENCES.

       Any reference in any other Federal law, Executive order, 
     rule, regulation, or delegation of authority, or any document 
     of or pertaining to a department, agency, or office from 
     which a function is transferred by this title--
       (1) to the head of such department, agency, or office is 
     deemed to refer to the head of the department, agency, or 
     office to which such function is transferred; or
       (2) to such department, agency, or office is deemed to 
     refer to the department, agency, or office to which such 
     function is transferred.

     SEC. 214. ADDITIONAL CONFORMING AMENDMENTS.

       (a) Recommended Legislation.--After consultation with the 
     appropriate committees of the Congress and the Director of 
     the Office of Management and Budget, the Director of the 
     Federal Emergency Management Agency shall prepare and submit 
     to Congress recommended legislation containing technical and 
     conforming amendments to reflect the changes made by this 
     Act.

[[Page 13039]]

       (b) Submission to Congress.--Not later than 6 months after 
     the effective date of this title, the Director of the Federal 
     Emergency Management Agency shall submit the recommended 
     legislation referred to under subsection (a).
                                 ______
                                 
      By Mr. HATCH (for himself and Mr. Conrad):
  S. 1428. A bill to amend part B of title XVIII of the Social Security 
Act to assure access to durable medical equipment under the Medicare 
program; to the Committee on Finance.
  Mr. HATCH. Mr. President, I am pleased to join Senators Conrad and 
Roberts in introducing the Medicare Durable Medical Equipment Access 
Act of 2007.
  Some background on why this bill is necessary might be useful.
  Among the provisions of the Medicare Modernization Act, MMA, was a 
provision that instituted a bidding process for durable medical 
equipment. It was a good concept--we have all seen the advantages to 
Medicare beneficiaries and to the Federal Government of competitive 
bidding in Medicare Part D. The government and beneficiaries are paying 
lower prices for prescription drugs as a result of fair competition.
  At the time of the passage of the MMA, it was known that Medicare was 
overpaying substantially for certain durable medical equipment. The MMA 
instituted a bidding process for durable medical equipment in order to 
bring market discipline to the purchasing process. It also directed the 
Secretary of Health and Human Services, HHS, to establish badly needed 
quality standards for Medicare's suppliers of durable medical equipment 
and related services.
  The purpose of S. 1428, the Medicare Durable Equipment Access Act, is 
to correct problems arising from provisions in the MMA that apply to 
rural areas and urban areas of low population density. The bill seeks 
to protect the access of Medicare beneficiaries in these areas to 
homecare equipment and services. It also will allow small businesses to 
participate in the program, but only if they meet the quality standards 
established in this legislation and can meet the competitively bid 
price.
  The bill protects Medicare beneficiaries in three ways.
  First, the MMA permits the HHS Secretary to exempt from the bidding 
process rural areas and areas with low population density that are not 
competitive unless there is a significant national market through mail 
order for a particular item or service. The law also permits suppliers 
in rural areas to be exempted from the program's quality standards. 
Medicare patients must be assured that they are dealing with qualified 
suppliers and our bill assures them that they will be.
  Second, the MMA allows the Secretary of HHS to exempt rural areas and 
sparsely populated urban areas from the bidding process if they lack 
health care infrastructure, a vague and subjective judgment. This bill 
defines areas eligible for exemption as metropolitan service areas with 
fewer than 500,000 people.
  Finally, the MMA established a Program Advisory and Oversight 
Committee to advise the Secretary on implementation of the program. The 
MMA exempted the Program Advisory and Oversight Committee from The 
Federal Advisory Committee Act, FACA. FACA was enacted by Congress in 
1972. Its purpose is to ensure that committees that advise the 
executive branch be accessible to the public and objective in their 
judgments. This bill places this program under FACA.
  This legislation also provides important protection to small 
businesses. The MMA provides that there shall be no administrative or 
judicial review for businesses participating in competitive bidding. 
Our bill provides for judicial appeal rights, giving legal recourse to 
businesses that participate in the competitive bidding process.
  The MMA also directs the HHS Secretary to take appropriate steps to 
ensure that small suppliers have an opportunity to participate. Our 
bill specifies that such appropriate steps shall include permitting 
suppliers that are classified as small businesses under the Small 
Business Act to continue to participate at the single payment amount, 
so long as they submit bids at less than the fee schedule amount.
  In addition, the MMA permits the HHS Secretary to use competitive 
acquisition bid rates from one region to determine payment rates in 
another noncompetitive acquisition area. Our bill requires the HHS 
Secretary to complete a comparability analysis to ensure that payments 
in non-competitive areas are fair. It requires the Secretary to publish 
the analysis in the Federal Register.
  Finally, the purpose of the competitive bidding process is to save 
the Medicare program and its beneficiaries' money from the purchase of 
durable medical equipment, but a new bureaucracy must be created to 
implement the program. Our bill requires the HHS Secretary to exempt 
from competitive acquisition requirements any items and services not 
likely to result in savings of at least 10 percent.
  Twenty-five small suppliers of durable medical equipment in Utah have 
banded together to support this legislation and I believe they speak 
for hundreds of small suppliers around the United States. They support 
the establishment of quality standards for all suppliers of durable 
medical equipment to Medicare. They are willing to price their products 
competitively. They are used to providing personal services to their 
customers in small Utah towns. Their customers are also their 
neighbors. They all fear that their businesses, which are built on 
personal service, may be sacrificed to large suppliers from distant 
cities who cannot educate Medicare beneficiaries. A flyer in the mail 
may not be enough to teach a disabled diabetic how to use a walker.
  I urge my colleagues to support this legislation which permits the 
potential savings from competitive bidding, mandates quality standards 
for all of Medicare's durable medical equipment suppliers, and protects 
small businesses and Medicare beneficiaries in rural areas and in low 
density urban areas.
  Mr. CONRAD. Mr. President, today I am pleased to join my colleague, 
Senator Hatch, in reintroducing the Medicare Durable Medical Equipment, 
DME, Access Act. This bill will help protect rural DME providers from 
the negative consequences of competitive bidding and ensure that 
seniors have access to the highest quality of DME supplies. It will 
also help to rid the system of fraudulent suppliers who are filing 
improper and illegal claims.
  As many of my colleagues know, the Medicare Modernization Act, MMA, 
required Medicare to replace the current DME payment methodology for 
certain items with a competitive acquisition process, which is 
currently underway. In fact, the first round of bids are due on July 
13. Our bill would address several issues that could negatively impact 
the ability of rural suppliers to compete and ensure that seniors are 
getting high-quality products.
  Specifically, our bill would strengthen language in the MMA that 
allows the Secretary to exempt rural areas by requiring the Secretary 
to exempt metropolitan statistical areas with fewer than 500,000 
people. In addition, the legislation would require that the Centers for 
Medicare and Medicaid Services, CMS, include the attainment of quality 
standards as a factor in computing the winning bid to ensure that 
patients receive both high-quality and low-cost equipment. Third, the 
Medicare Durable Medical Equipment Access Act would allow small 
businesses to continue providing DME in Medicare at the acquisition bid 
rate, even if the businesses didn't have the winning bid. Finally, the 
bill would take additional steps to ensure that competitive acquisition 
results in savings, that providers have access to administrative and 
judicial review, and that any meetings of the newly created CMS Program 
Advisory and Oversight Committee on competitive bidding be open to the 
public.
  Many argue that there is fraudulent activity in the Medicare DME 
benefit and that is why competitive bidding is necessary. I agree that 
it is far too easy to obtain a supplier number and start filing 
improper and illegal

[[Page 13040]]

claims. That is why I applaud the efforts of CMS and others who are 
cracking down on the inappropriate behavior. However, it is also 
imperative that we ensure sufficient access to quality DME care in the 
program and protect those suppliers who are acting appropriately. I 
believe this bill achieves the appropriate balance between these two 
goals. I urge all of my colleagues to support this important 
legislation.
                                 ______
                                 
      By Mr. OBAMA (for himself and Mr. Brownback):
  S. 1430. A bill to authorize State and local governments to direct 
divestiture from, and prevent investment in, companies with investments 
of $20,000,000 or more in Iran's energy sector, and for other purposes; 
to the Committee on Banking, Housing, and Urban Affairs.
  Mr. OBAMA. I rise today, along with Senator Brownback, to introduce 
the Iran Sanctions Enabling Act of 2007. Before proceeding, I want to 
commend Chairman Frank for introducing similar legislation on the House 
side--he is a major force behind this legislation and should be 
recognized for his work on this issue.
  This bill will enable citizens, institutional investors, and State 
and local governments to ensure that their money is not being used by 
companies that help develop Iran's oil and gas industry. This would 
place additional economic pressure on the Iranian regime with the goal 
of changing Iranian policies.
  The Obama-Brownback legislation does this in three ways:
  First, this legislation requires the U.S. government, every 6 months, 
to publish a list of companies that are investing more than $20 million 
in Iran's energy sector. This sunshine provision accomplishes two 
important objectives. It provides investors with the knowledge they 
need to make informed decisions about the consequences of their 
investments. And, since it is already illegal for U.S. companies to 
make such investments, it provides a powerful incentive for foreign 
companies to discontinue investments in Iran.
  Second, this legislation authorizes State and local governments to 
divest the assets of their pension funds and other funds under their 
control from any company on the list. Several states, such as Florida 
and Missouri, have already taken actions to achieve these ends. But the 
States' authority to undertake these measures is unclear, so an 
explicit authorization from Congress, contained in this bill, will 
resolve this issue.
  Third, this legislation seeks to give fund managers safe harbor and 
also provide investors with more choices. For fund managers who divest 
from companies on this list, the Obama-Brownback bill helps protect 
these managers from lawsuits brought by unhappy investors. The bill 
also expresses the sense of Congress that the government's own 401(k) 
fund, the Thrift Savings Plan, should create a ``terror-free'' and 
``genocide-free'' investment options for government employees.
  We need this bill, as Iranian actions have been well-documented. 
Iran's pursuit of a nuclear program, and its unwillingness to allow 
comprehensive international oversight, pose unacceptable risks to the 
United States and our allies. The international community has voiced 
its opposition to Iran's nuclear ambitions. For example, the U.N. 
Security Council passed resolutions last December, and again in March 
of this year, increasing sanctions on Iran for its failure to suspend 
uranium enrichment.
  The Iranian regime has been actively sowing the seeds of instability 
and violence in Iraq, with deadly consequences for American soldiers. 
Beyond Iraq's borders, Iranian leaders are exporting militancy, 
sectarianism, and rejectionism throughout the Middle East. Fueled by 
the billions of dollars it earns from oil and gas exports, Iran has 
been pumping money into radical Islamist terror groups like Hezbollah 
and Hamas. Every bit as worrying is the rhetoric of President Mahmoud 
Ahmadinejad publicly calling to ``wipe Israel off the map.''
  It is quite a list. But in the midst of all of this, there are signs 
that some Iranians understand the impact their regime's behavior is 
having on Iran's national interests. Conservatives in Iran look where 
the radicals are trying to take the country--more confrontation and 
more radicalism, and they are worried.
  We should send a message that, if Iran wishes to benefit from the 
international system, it must play by international rules. If it 
chooses to flout those rules, then the world will turn its back on 
Iran. Pressuring companies to cut their financial ties with Iran is an 
important piece of that process, and we should allow pension funds to 
do so.
  For all of its bluster, Iran is not a strong country. Its oil 
infrastructure is weak and badly in need of investment. The economy 
lurches under the weight of quasi-state run industries, and billions of 
dollars in Iranian cash sit offshore because Iranians have so little 
faith in their government's management of the economy. This is 
precisely why we need legislation along the lines of what I am 
introducing here today.
  In general, we need to think carefully about allowing divestment, 
which is a tool that can be misused. However, I believe that Iran is a 
special case. And, in this case, divestment legislation can dissuade 
foreign companies from investing in energy operations whose profits 
will be used to threaten us. It is not a magic bullet--there is none in 
this situation--but is one of a menu of actions, each of which can help 
us to deter Iranian aggression.
  We are currently involved in one ruinous war, and we need to avoid 
indiscriminate saber-rattling which could involve us in another. This 
administration's failure in Iraq has emboldened and empowered Iran, and 
the forces allied with it, including Hamas and Hezbollah. And while we 
should take no option, including military action, off the table, 
sustained and aggressive diplomacy combined with tough sanctions should 
be our primary means to deal with Iran. It is incumbent upon us to find 
and implement ways to pressure Iran short of war, ways that demonstrate 
our deep concern about Iran's behavior, and ways that will help us to 
exert leadership on this issue. This bill is one of those ways.
  I have called for direct engagement with Iran over its efforts to 
acquire nuclear weapons. But, direct dialogue, as we conducted with the 
Soviet Union during the Cold War, should be part of a comprehensive 
diplomatic strategy to head off this unacceptable threat. So should the 
legislation Senator Brownback and I are introducing today.
  I hope my colleagues will cosponsor the Obama-Brownback legislation. 
On the House side, I hope my colleagues in that Chamber sign on to the 
Frank bill. I look forward to working with others to get this bill 
signed into law.
  In closing, I want to thank Daniel McGlinchey and James Segel of 
Chairman Frank's staff for their work on this bill. They were 
extraordinarily helpful in putting together this legislation, and I 
would be remiss I did not recognize their efforts.

                          ____________________