[House Report 110-300]
[From the U.S. Government Publishing Office]





110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-300

======================================================================


 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3221) MOVING THE UNITED 
  STATES TOWARD GREATER ENERGY INDEPENDENCE AND SECURITY, DEVELOPING 
INNOVATIVE NEW TECHNOLOGIES, REDUCING CARBON EMISSIONS, CREATING GREEN 
     JOBS, PROTECTING CONSUMERS, INCREASING CLEAN RENEWABLE ENERGY 
    PRODUCTION, AND MODERNIZING OUR ENERGY INFRASTRUCTURE, AND FOR 
  CONSIDERATION OF THE BILL (H.R. 2776) TO AMEND THE INTERNAL REVENUE 
CODE OF 1986 TO PROVIDE TAX INCENTIVES FOR THE PRODUCTION OF RENEWABLE 
                     ENERGY AND ENERGY CONSERVATION

                                _______
                                

   August 3, 2007.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Welch, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 615]

    The Committee on Rules, having had under consideration 
House Resolution 615, by a record vote of 9 to 0, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3221 and 
H.R. 2776. The rule provides a structured rule for H.R. 3221, 
the ``New Direction for Energy Independence, National Security, 
and Consumer Protection Act.'' The resolution waives all points 
of order against consideration of the bill except those arising 
under clause 9 or 10 of rule XXI. The resolution provides 2 
hours of general debate, with 15 minutes equally divided and 
controlled by the chairman and ranking minority member of each 
of the Committees on Energy and Commerce, Natural Resources, 
Science and Technology, Transportation and Infrastructure, 
Education and Labor, Foreign Affairs, Small Business, and 
Oversight and Government Reform.
    The resolution provides that the amendment printed in part 
A of this report shall be considered as adopted in the House 
and in the Committee of the Whole. The bill, as amended, shall 
be considered as the original bill for purpose of further 
amendment and shall be considered as read. The resolution 
waives all points of order against provisions in the bill, as 
amended.
    The resolution makes in order only those further amendments 
printed in part B of this report and waives all points of order 
against such amendments except those arising under clause 9 or 
10 of rule XXI. Amendments so printed may be offered only in 
the order printed in this report, may be offered only by a 
Member designated in this report, shall be considered as read, 
shall be debatable for the time specified in this report 
equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment or demand for a 
division of the question in the House or in the Committee of 
the Whole. The resolution provides one motion to recommit H.R. 
3221 with or without instructions.
    The rule provides a closed rule for H.R. 2776, ``Renewable 
Energy and Energy Conservation Tax Act of 2007.'' The 
resolution waives all points of order against consideration of 
the bill except those arising under clause 9 or 10 of rule XXI. 
The resolution provides that the amendment in the nature of a 
substitute recommended by the Committee on Ways and Means now 
printed in the bill shall be considered as adopted. The bill, 
as amended, shall be considered as read. The resolution waives 
all points of order against provisions in the bill, as amended. 
The resolution provides one hour of debate equally divided and 
controlled by the chairman and ranking minority member of the 
Committee on Ways and Means. The resolution provides one motion 
to recommit H.R. 2776 with or without instructions.
    The resolution further provides that, in the engrossment of 
H.R. 3221, the Clerk shall add the text of H.R. 2776, as passed 
by the House, as new matter at the end of H.R. 3221. Upon such 
engrossment, H.R. 2776 shall be laid on the table. Finally, 
notwithstanding the operation of the previous question, during 
consideration in the House of either H.R. 3221 or H.R. 2776, 
the Chair may postpone further consideration until a time 
designated by the Speaker.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
H.R. 3221 and its consideration (except those arising under 
clause 9 or 10 of rule XXI), the Committee is not aware of any 
points of order against the bill or its consideration. The 
waivers of all points of order against H.R. 3221 and its 
consideration are prophylactic in nature. Although the 
resolution waives all points of order against H.R. 2776 and its 
consideration (except those arising under clause 9 or 10 of 
rule XXI), the Committee is not aware of any points of order 
against the bill or its consideration. The waivers of all 
points of order against H.R. 2776 and its consideration are 
prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 288

    Date: August 3, 2007.
    Measure: H.R. 3221/H.R. 2776.
    Motion by: Mr. McGovern.
    Summary of motion: To report the rule.
    Results: Adopted 9-0.
    Vote by Members: McGovern--Yea; Hastings (FL)--Yea; 
Matsui--Yea; Cardoza--Yea; Welch--Yea; Castor--Yea; Arcuri--
Yea; Sutton--Yea; Slaughter--Yea.

       SUMMARY OF AMENDMENT IN PART A TO BE CONSIDERED AS ADOPTED

    The amendment makes technical changes and adds language to 
titles II, IV, VII, VIII, and IX. The amendment adds the 
Feedstock Flexibility Program to the underlying bill and 
reduces funding for the biomass program contained in Title V 
sufficient to reduce outlays and comply with PAYGO 
requirements.

             SUMMARY OF AMENDMENTS IN PART B MADE IN ORDER

    (summaries derived from information provided by sponsors)
    1. Blumenauer (OR): The amendment to title IX would 
encourage natural gas utilities to plan for and prioritize 
energy efficiency. It requires state regulators to consider 
crafting rate policies that align utility revenue recovery 
measures with incentives for energy conservation. (10 minutes)
    2. Shays (CT): The amendment doubles the current level of 
funding for 2007 and 2008 for the weatherization assistance 
program in section 9034(a). (10 minutes)
    3. Hooley (OR)/McCaul (TX)/Matheson (UT): The amendment to 
title IX authorizes the Administrator of the EPA to enter into 
an arrangement with the Secretary of Education & the Secretary 
of Energy to conduct a study of how sustainable building 
features such as energy efficiency affect multiple perceived 
indoor environmental quality stressors on students in K-12 
schools. There are authorized to be appropriated for carrying 
out this section $200,000 for each of the fiscal years 2008 
through 2012. (10 minutes)
    4. Pitts (PA): The amendment would except boilers that 
operate without the need for electricity supply from the energy 
efficiency requirements in section 9003(4) of the bill, 
regarding appliance efficiency. (10 minutes)
    5. Terry (NE): The attached amendment to title IX would add 
a section to accelerate the adoption of geothermal heat pumps 
by the Federal government. (10 minutes)
    6. Udall, Tom (NM)/Pallone (NJ)/Van Hollen (MD)/Waxman 
(CA)/Udall, Mark (CO)/Rodriguez (TX)/DeGette (CO)/Platts (PA): 
Requires electric suppliers, other than governmental entities 
and rural electric cooperatives, to provide 15 percent of their 
electricity using renewable energy resources by the year 2020. 
Allows 4 percent of the requirement to be satisfied with 
electricity efficiency measures. (10 minutes)
    7. Van Hollen (MD): The amendment to title IX would add a 
sixth policy option to H.R. 3221's existing ``State Must 
Consider'' language asking state regulatory authorities and 
nonregulated utilities to consider ``offering home energy 
audits, publicizing the financial and environmental benefits 
associated with home energy efficiency improvements and 
educating homeowners about all existing federal and state 
incentives, including the availability of low-cost loans, that 
make home energy efficiency improvements more affordable.'' (10 
minutes)
    8. Schwartz (PA): The amendment to title IX requires all 
federal government agencies to change their acquisitions rules 
for planning meetings and conferences to consider the 
environmentally preferable features and practices of a vendor, 
similar to the acquisition rules of the Environmental 
Protection Agency. (10 minutes)
    9. Arcuri (NY)/Hinchey (NY)/Hall, John (NY): The amendment 
to title IX would repeal the availability of Federal eminent 
domain authority for use by companies permitted by FERC to 
construct or modify transmission lines within National Interest 
Electric Transmission Corridors. In place of this, the 
amendment would amend section 216(e) of the Federal Power Act 
to require permitted companies to proceed in accordance with 
state law for the state in which the property is located. (10 
minutes)
    10. Hodes (NH)/Welch (VT): The amendment to title IX would 
order the Secretary of Energy to conduct a study of the 
renewable energy system rebate program for homes and small 
businesses, described in section 206-c of the Energy Policy Act 
of 2005. The study would require a plan for the program if it 
were funded, and determine the minimum amount the program would 
need to be viable. (10 minutes)
    11. Murphy, Tim (PA): This amendment modifies Sec. 9502(a) 
of H.R. 3221 to ensure that the Energy Information 
Administration restores its previously-terminated collection of 
data on solid by-products from coal-based energy producing 
facilities and makes improvements on these data. (10 minutes)
    12. Murphy, Christopher (CT): This amendment to title IX 
will require the Federal Energy Regulatory Commission to hold 
one public meeting before issuing a permit, license, or 
authorization that will affect land use when a public meeting 
is requested by at least five individuals or an organization 
representing 30 or more people. If a request for 
reconsideration is granted and the request was filed before 
enactment of this section and a hearing had not been held 
before the permit or authorization concerned was issued, the 
Commission must hold a hearing. (10 minutes)
    13. Sali (ID): The amendment to title IX provides a sense 
of the Congress recognizing and supporting large and small 
scale conventional hydropower. (10 minutes)
    14. Welch (VT): The amendment to title IX would establish a 
grant program for Colleges and Universities to invest in 
sustainable and efficient energy projects, up to $1 million for 
efficiency and $500,000 for sustainability. (10 minutes)
    15. Castle (DE)/Delahunt (MA): The amendment to title VII 
requires the Minerals Management Service to submit a report to 
Congress on the status of regulations required to be issued 
with respect to offshore wind energy production. (10 minutes)
    16. Wu (OR): Amends title IV to require the Secretary of 
Energy to establish a grant program for universities to 
research and develop renewable energy technologies. Priority is 
given to universities in low income and rural communities with 
proximity to trees dying of disease or insect infestation. 
Authorizes $25 million for the total program. (10 minutes)
    17. Giffords (AZ): This amendment to title IV would create 
a Solar Energy Industries Research and Promotion Board to 
increase consumer awareness nationwide of solar energy options 
and appropriate certifications. The solar program would be 
funded entirely by a small portion of industry revenues. No 
appropriations are authorized. (10 minutes)
    18. Tauscher (CA)/Rogers, Mike (MI): The amendment to title 
VIII would create a pilot program in urbanized and other than 
urbanized areas to increase the use of vanpooling and the 
number of vanpools in service. (10 minutes)
    19. Holt (NJ): The amendment to title VIII would require 
the Center for Climate Change Environment and the Environmental 
Protection Agency to examine the potential fuel savings from 
intelligent transportation systems that would help businesses 
and consumers to plan their travel and avoid delays, including 
web-based real-time transit information systems, congestion 
information systems, carpool information systems, parking 
information systems, freight route management, and traffic 
management systems. (10 minutes)
    20. Hastings (FL): The amendment to title II makes findings 
regarding fuel supplies and expresses the Sense of Congress 
that the U.S. should further global energy security and promote 
democratic development in resource rich foreign countries by 
encouraging further participation in the Extractive Industries 
Transparency Initiative (EITI) and other international 
initiatives. (10 minutes)
    21. Solis (CA)/Carnahan (MO): This amendment to title II 
requires an assessment of current and anticipated needs of 
developing countries in adapting to climate change, which 
includes a strategy to address these needs and an 
identification of funding sources for such purposes. (10 
minutes)
    22. Cleaver (MO): The amendment to the Energy Policy Act of 
1992 would prohibit any Federal agency, including any office of 
the legislative branch, from acquiring a light duty motor 
vehicle or medium duty motor vehicle that is not a low 
greenhouse gas emitting vehicle. (10 minutes)
    23. Sarbanes (MD)/Wolf (VA): The amendment to title VI 
requires federal agencies to develop and implement a telework 
(work from home or close to home) policy for eligible employees 
excluding those who handle secure materials or special 
equipment; are assigned to national security functions; or 
voluntarily decline the telework option. (10 minutes)

         PART A--TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED

  In section 2203(a)(1), strike ``India and China'' and insert 
``such countries''.

  In section 2203(a)(2), strike ``India and China'' and insert 
``such countries''.

  In title IV, add at the end the following new subtitle:

                          Subtitle H--H-PRIZE

SEC. 4701. H-PRIZE.

  Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 
16396) is amended by adding at the end the following new 
subsection:
  ``(f) H-PRIZE.--
          ``(1) Prize authority.--
                  ``(A) In general.--As part of the program 
                under this section, the Secretary shall carry 
                out a program to competitively award cash 
                prizes in conformity with this subsection to 
                advance the research, development, 
                demonstration, and commercial application of 
                hydrogen energy technologies.
                  ``(B) Advertising and solicitation of 
                competitors.--
                          ``(i) Advertising.--The Secretary 
                        shall widely advertise prize 
                        competitions under this subsection to 
                        encourage broad participation, 
                        including by individuals, universities 
                        (including historically Black colleges 
                        and universities and other minority 
                        serving institutions), and large and 
                        small businesses (including businesses 
                        owned or controlled by socially and 
                        economically disadvantaged persons).
                          ``(ii) Announcement through federal 
                        register notice.--The Secretary shall 
                        announce each prize competition under 
                        this subsection by publishing a notice 
                        in the Federal Register. This notice 
                        shall include essential elements of the 
                        competition such as the subject of the 
                        competition, the duration of the 
                        competition, the eligibility 
                        requirements for participation in the 
                        competition, the process for 
                        participants to register for the 
                        competition, the amount of the prize, 
                        and the criteria for awarding the 
                        prize.
                  ``(C) Administering the competitions.--The 
                Secretary shall enter into an agreement with a 
                private, nonprofit entity to administer the 
                prize competitions under this subsection, 
                subject to the provisions of this subsection 
                (in this subsection referred to as the 
                `administering entity'). The duties of the 
                administering entity under the agreement shall 
                include--
                          ``(i) advertising prize competitions 
                        under this subsection and their 
                        results;
                          ``(ii) raising funds from private 
                        entities and individuals to pay for 
                        administrative costs and to contribute 
                        to cash prizes, including funds 
                        provided in exchange for the right to 
                        name a prize awarded under this 
                        subsection;
                          ``(iii) developing, in consultation 
                        with and subject to the final approval 
                        of the Secretary, the criteria for 
                        selecting winners in prize competitions 
                        under this subsection, based on goals 
                        provided by the Secretary;
                          ``(iv) determining, in consultation 
                        with the Secretary, the appropriate 
                        amount and funding sources for each 
                        prize to be awarded under this 
                        subsection, subject to the final 
                        approval of the Secretary with respect 
                        to Federal funding;
                          ``(v) providing advice and 
                        consultation to the Secretary on the 
                        selection of judges in accordance with 
                        paragraph (2)(D), using criteria 
                        developed in consultation with and 
                        subject to the final approval of the 
                        Secretary; and
                          ``(vi) protecting against the 
                        administering entity's unauthorized use 
                        or disclosure of a registered 
                        participant's trade secrets and 
                        confidential business information. Any 
                        information properly identified as 
                        trade secrets or confidential business 
                        information that is submitted by a 
                        participant as part of a competitive 
                        program under this subsection may be 
                        withheld from public disclosure.
                  ``(D) Funding sources.--Prizes under this 
                subsection shall consist of Federal 
                appropriated funds and any funds provided by 
                the administering entity (including funds 
                raised pursuant to subparagraph (C)(ii)) for 
                such cash prize programs. The Secretary may 
                accept funds from other Federal agencies for 
                such cash prizes and, notwithstanding section 
                3302(b) of title 31, United States Code, may 
                use such funds for the cash prize program under 
                this subsection. Other than publication of the 
                names of prize sponsors, the Secretary may not 
                give any special consideration to any private 
                sector entity or individual in return for a 
                donation to the Secretary or administering 
                entity.
                  ``(E) Announcement of prizes.--The Secretary 
                may not issue a notice required by subparagraph 
                (B)(ii) until all the funds needed to pay out 
                the announced amount of the prize have been 
                appropriated or committed in writing by the 
                administering entity. The Secretary may 
                increase the amount of a prize after an initial 
                announcement is made under subparagraph (B)(ii) 
                if--
                          ``(i) notice of the increase is 
                        provided in the same manner as the 
                        initial notice of the prize; and
                          ``(ii) the funds needed to pay out 
                        the announced amount of the increase 
                        have been appropriated or committed in 
                        writing by the administering entity.
                  ``(F) Sunset.--The authority to announce 
                prize competitions under this subsection shall 
                terminate on September 30, 2018.
          ``(2) Prize categories.--
                  ``(A) Categories.--The Secretary shall 
                establish prizes under this subsection for--
                          ``(i) advancements in technologies, 
                        components, or systems related to--
                                  ``(I) hydrogen production;
                                  ``(II) hydrogen storage;
                                  ``(III) hydrogen 
                                distribution; and
                                  ``(IV) hydrogen utilization;
                          ``(ii) prototypes of hydrogen-powered 
                        vehicles or other hydrogen-based 
                        products that best meet or exceed 
                        objective performance criteria, such as 
                        completion of a race over a certain 
                        distance or terrain or generation of 
                        energy at certain levels of efficiency; 
                        and
                          ``(iii) transformational changes in 
                        technologies for the distribution or 
                        production of hydrogen that meet or 
                        exceed far-reaching objective criteria, 
                        which shall include minimal carbon 
                        emissions and which may include cost 
                        criteria designed to facilitate the 
                        eventual market success of a winning 
                        technology.
                  ``(B) Awards.--
                          ``(i) Advancements.--To the extent 
                        permitted under paragraph (1)(E), the 
                        prizes authorized under subparagraph 
                        (A)(i) shall be awarded biennially to 
                        the most significant advance made in 
                        each of the four subcategories 
                        described in subclauses (I) through 
                        (IV) of subparagraph (A)(i) since the 
                        submission deadline of the previous 
                        prize competition in the same category 
                        under subparagraph (A)(i) or the date 
                        of enactment of this subsection, 
                        whichever is later, unless no such 
                        advance is significant enough to merit 
                        an award. No one such prize may exceed 
                        $1,000,000. If less than $4,000,000 is 
                        available for a prize competition under 
                        subparagraph (A)(i), the Secretary may 
                        omit one or more subcategories, reduce 
                        the amount of the prizes, or not hold a 
                        prize competition.
                          ``(ii) Prototypes.--To the extent 
                        permitted under paragraph (1)(E), 
                        prizes authorized under subparagraph 
                        (A)(ii) shall be awarded biennially in 
                        alternate years from the prizes 
                        authorized under subparagraph (A)(i). 
                        The Secretary is authorized to award up 
                        to one prize in this category in each 
                        2-year period. No such prize may exceed 
                        $4,000,000. If no registered 
                        participants meet the objective 
                        performance criteria established 
                        pursuant to subparagraph (C) for a 
                        competition under this clause, the 
                        Secretary shall not award a prize.
                          ``(iii) Transformational 
                        technologies.--To the extent permitted 
                        under paragraph (1)(E), the Secretary 
                        shall announce one prize competition 
                        authorized under subparagraph (A)(iii) 
                        as soon after the date of enactment of 
                        this subsection as is practicable. A 
                        prize offered under this clause shall 
                        be not less than $10,000,000, paid to 
                        the winner in a lump sum, and an 
                        additional amount paid to the winner as 
                        a match for each dollar of private 
                        funding raised by the winner for the 
                        hydrogen technology beginning on the 
                        date the winner was named. The match 
                        shall be provided for 3 years after the 
                        date the prize winner is named or until 
                        the full amount of the prize has been 
                        paid out, whichever occurs first. A 
                        prize winner may elect to have the 
                        match amount paid to another entity 
                        that is continuing the development of 
                        the winning technology. The Secretary 
                        shall announce the rules for receiving 
                        the match in the notice required by 
                        paragraph (1)(B)(ii). The Secretary 
                        shall award a prize under this clause 
                        only when a registered participant has 
                        met the objective criteria established 
                        for the prize pursuant to subparagraph 
                        (C) and announced pursuant to paragraph 
                        (1)(B)(ii). Not more than $10,000,000 
                        in Federal funds may be used for the 
                        prize award under this clause. The 
                        administering entity shall seek to 
                        raise $40,000,000 toward the matching 
                        award under this clause.
                  ``(C) Criteria.--In establishing the criteria 
                required by this subsection, the Secretary--
                          ``(i) shall consult with the 
                        Department's Hydrogen Technical and 
                        Fuel Cell Advisory Committee;
                          ``(ii) shall consult with other 
                        Federal agencies, including the 
                        National Science Foundation; and
                          ``(iii) may consult with other 
                        experts such as private organizations, 
                        including professional societies, 
                        industry associations, and the National 
                        Academy of Sciences and the National 
                        Academy of Engineering.
                  ``(D) Judges.--For each prize competition 
                under this subsection, the Secretary in 
                consultation with the administering entity 
                shall assemble a panel of qualified judges to 
                select the winner or winners on the basis of 
                the criteria established under subparagraph 
                (C). Judges for each prize competition shall 
                include individuals from outside the 
                Department, including from the private sector. 
                A judge, spouse, minor children, and members of 
                the judge's household may not--
                          ``(i) have personal or financial 
                        interests in, or be an employee, 
                        officer, director, or agent of, any 
                        entity that is a registered participant 
                        in the prize competition for which he 
                        or she will serve as a judge; or
                          ``(ii) have a familial or financial 
                        relationship with an individual who is 
                        a registered participant in the prize 
                        competition for which he or she will 
                        serve as a judge.
          ``(3) Eligibility.--To be eligible to win a prize 
        under this subsection, an individual or entity--
                  ``(A) shall have complied with all the 
                requirements in accordance with the Federal 
                Register notice required under paragraph 
                (1)(B)(ii);
                  ``(B) in the case of a private entity, shall 
                be incorporated in and maintain a primary place 
                of business in the United States, and in the 
                case of an individual, whether participating 
                singly or in a group, shall be a citizen of, or 
                an alien lawfully admitted for permanent 
                residence in, the United States; and
                  ``(C) shall not be a Federal entity, a 
                Federal employee acting within the scope of his 
                employment, or an employee of a national 
                laboratory acting within the scope of his 
                employment.
          ``(4) Intellectual property.--The Federal Government 
        shall not, by virtue of offering or awarding a prize 
        under this subsection, be entitled to any intellectual 
        property rights derived as a consequence of, or direct 
        relation to, the participation by a registered 
        participant in a competition authorized by this 
        subsection. This paragraph shall not be construed to 
        prevent the Federal Government from negotiating a 
        license for the use of intellectual property developed 
        for a prize competition under this subsection.
          ``(5) Liability.--
                  ``(A) Waiver of liability.--The Secretary may 
                require registered participants to waive claims 
                against the Federal Government and the 
                administering entity (except claims for willful 
                misconduct) for any injury, death, damage, or 
                loss of property, revenue, or profits arising 
                from the registered participants' participation 
                in a competition under this subsection. The 
                Secretary shall give notice of any waiver 
                required under this subparagraph in the notice 
                required by paragraph (1)(B)(ii). The Secretary 
                may not require a registered participant to 
                waive claims against the administering entity 
                arising out of the unauthorized use or 
                disclosure by the administering entity of the 
                registered participant's trade secrets or 
                confidential business information.
                  ``(B) Liability insurance.--
                          ``(i) Requirements.--Registered 
                        participants in a prize competition 
                        under this subsection shall be required 
                        to obtain liability insurance or 
                        demonstrate financial responsibility, 
                        in amounts determined by the Secretary, 
                        for claims by--
                                  ``(I) a third party for 
                                death, bodily injury, or 
                                property damage or loss 
                                resulting from an activity 
                                carried out in connection with 
                                participation in a competition 
                                under this subsection; and
                                  ``(II) the Federal Government 
                                for damage or loss to 
                                Government property resulting 
                                from such an activity.
                          ``(ii) Federal government insured.--
                        The Federal Government shall be named 
                        as an additional insured under a 
                        registered participant's insurance 
                        policy required under clause (i)(I), 
                        and registered participants shall be 
                        required to agree to indemnify the 
                        Federal Government against third party 
                        claims for damages arising from or 
                        related to competition activities under 
                        this subsection.
          ``(6) Report to congress.--Not later than 60 days 
        after the awarding of the first prize under this 
        subsection, and annually thereafter, the Secretary 
        shall transmit to the Congress a report that--
                  ``(A) identifies each award recipient;
                  ``(B) describes the technologies developed by 
                each award recipient; and
                  ``(C) specifies actions being taken toward 
                commercial application of all technologies with 
                respect to which a prize has been awarded under 
                this subsection.
          ``(7) Authorization of appropriations.--
                  ``(A) In general.--
                          ``(i) Awards.--There are authorized 
                        to be appropriated to the Secretary for 
                        the period encompassing fiscal years 
                        2008 through 2017 for carrying out this 
                        subsection--
                                  ``(I) $20,000,000 for awards 
                                described in paragraph 
                                (2)(A)(i);
                                  ``(II) $20,000,000 for awards 
                                described in paragraph 
                                (2)(A)(ii); and
                                  ``(III) $10,000,000 for the 
                                award described in paragraph 
                                (2)(A)(iii).
                          ``(ii) Administration.--In addition 
                        to the amounts authorized in clause 
                        (i), there are authorized to be 
                        appropriated to the Secretary for each 
                        of fiscal years 2008 and 2009 
                        $2,000,000 for the administrative costs 
                        of carrying out this subsection.
                  ``(B) Carryover of funds.--Funds appropriated 
                for prize awards under this subsection shall 
                remain available until expended, and may be 
                transferred, reprogrammed, or expended for 
                other purposes only after the expiration of 10 
                fiscal years after the fiscal year for which 
                the funds were originally appropriated. No 
                provision in this subsection permits obligation 
                or payment of funds in violation of section 
                1341 of title 31 of the United States Code 
                (commonly referred to as the Anti-Deficiency 
                Act).
          ``(8) Nonsubstitution.--The programs created under 
        this subsection shall not be considered a substitute 
        for Federal research and development programs.''.

  In section 5003, strike paragraph (7) and insert the 
following new paragraph:

          (7) by adding at the end the following new 
        subsections:
  ``(k) Additional Funding for Loan Guarantees.--Of the funds 
of the Commodity Credit Corporation, the Secretary shall use to 
carry out this section--
          ``(1) $50,000,000 for fiscal year 2008;
          ``(2) $65,000,000 for fiscal year 2009;
          ``(3) $75,000,000 for fiscal year 2010;
          ``(4) $150,000,000 for fiscal year 2011; and
          ``(5) $250,000,000 for fiscal year 2012.
  ``(l) Continuation of Operations.--
          ``(1) Funding.--The Secretary shall continue to carry 
        out this section at the rate of operation in effect on 
        September 30, 2012, from sums in the Treasury not 
        otherwise appropriated, through September 30, 2017.
          ``(2) Authority.--The program and authorities 
        provided under this section shall continue in force and 
        effect through September 30, 2017.''.

  In section 5006, strike paragraph (7) and insert the 
following:

          (7) by adding at the end the following new 
        subsection:
  ``(h) Funding.--
          ``(1) In general.--Of the funds of the Commodity 
        Credit Corporation, the Secretary of Agriculture shall 
        make available to carry out this section--
                  ``(A) $40,000,000 for fiscal year 2008;
                  ``(B) $60,000,000 for fiscal year 2009;
                  ``(C) $75,000,000 for fiscal year 2010;
                  ``(D) $100,000,000 for fiscal year 2011; and
                  ``(E) $150,000,000 for fiscal year 2012.
          ``(3) Continuation of operations.--
                  ``(A) Funding.--The Secretary shall continue 
                to carry out this section at the rate of 
                operation in effect on September 30, 2012, from 
                sums in the Treasury not otherwise 
                appropriated, through September 30, 2017.
                  ``(B) Authority.--The program and authorities 
                provided under this section shall continue in 
                force and effect through September 30, 2017.''.

  Section 9008(j) of the Farm Security and Rural Investment Act 
of 2002, as amended by section 5007 of the bill, is amended to 
read as follows:

  ``(j) Funding.--
          ``(1) In general.--Of the funds of the Commodity 
        Credit Corporation, the Secretary of Agriculture shall 
        make available to carry out this section--
                  ``(A) $18,000,000 for fiscal year 2008;
                  ``(B) $28,000,000 for fiscal year 2009;
                  ``(C) $40,000,000 for fiscal year 2010;
                  ``(D) $50,000,000 for fiscal year 2011; and
                  ``(E) $100,000,000 for fiscal year 2012.
          ``(2) Continuation of operations.--
                  ``(A) Funding.--The Secretary shall continue 
                to carry out this section at the rate of 
                operation in effect on September 30, 2012, from 
                sums in the Treasury not otherwise 
                appropriated, through September 30, 2017.
                  ``(B) Authority.--The program and authorities 
                provided under this section shall continue in 
                force and effect through September 30, 2017.''.

  In section 5008, strike paragraph (3) and insert the 
following new paragraph:

          (3) by striking subsection (c) and inserting the 
        following:
  ``(c) Funding.--
          ``(1) In general.--Of the funds of the Commodity 
        Credit Corporation, the Secretary of Agriculture shall 
        use to carry out this section--
                  ``(A) $150,000,000 for fiscal year 2008;
                  ``(B) $150,000,000 for fiscal year 2009;
                  ``(C) $170,000,000 for fiscal year 2010;
                  ``(D) $180,000,000 for fiscal year 2011; and
                  ``(E) $286,000,000 for fiscal year 2012.
          ``(2) Continuation of operations.--
                  ``(A) Funding.--The Secretary shall continue 
                to carry out this section at the rate of 
                operation in effect on September 30, 2012, from 
                sums in the Treasury not otherwise 
                appropriated, through September 30, 2017.
                  ``(B) Authority.--The program and authorities 
                provided under this section shall continue in 
                force and effect through September 30, 2017.''.

  At the end of title V add the following new section:

SEC. 5012. FEEDSTOCK FLEXIBILITY PROGRAM FOR BIOENERGY PRODUCERS.

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

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

  ``(a) Definitions.--In this section:
          ``(1) Bioenergy.--The term `bioenergy' means fuel 
        grade ethanol and other biofuel.
          ``(2) Bioenergy producer.--The term `bioenergy 
        producer' means a producer of bioenergy that uses an 
        eligible commodity to produce bioenergy under this 
        section.
          ``(3) Eligible commodity.--The term `eligible 
        commodity' means a form of raw or refined sugar or in-
        process sugar that is eligible to be marketed in the 
        United States for human consumption or to be used for 
        the extraction of sugar for human consumption.
          ``(4) Eligible entity.--The term `eligible entity' 
        means an entity located in the United States that 
        markets an eligible commodity in the United States.
  ``(b) Feedstock Flexibility Program.--
          ``(1) In general.--
                  ``(A) Purchases and sales.--For each of 
                fiscal years 2008 through 2012, the Secretary 
                shall purchase eligible commodities from 
                eligible entities and sell such commodities to 
                bioenergy producers for the purpose of 
                producing bioenergy in a manner that ensures 
                that 156 of the Federal Agricultural 
                Improvement and Reform Act (7 U.S.C. 7272) is 
                operated at no cost to the Federal Government 
                by avoiding forfeitures to the Commodity Credit 
                Corporation.
                  ``(B) Competitive procedures.--In carrying 
                out the purchases and sales required under 
                subparagraph (A), the Secretary shall, to the 
                maximum extent practicable, use competitive 
                procedures, including the receiving, offering, 
                and accepting of bids, when entering into 
                contracts with eligible entities and bioenergy 
                producers, provided that such procedures are 
                consistent with the purposes of subparagraph 
                (A).
                  ``(C) Limitation.--The purchase and sale of 
                eligible commodities under subparagraph (A) 
                shall only be made in fiscal years in which 
                such purchases and sales are necessary to 
                ensure that the program authorized under 
                section 156 of the Federal Agriculture 
                Improvement and Reform Act (7 U.S.C. 7272) is 
                operated at no cost to the Federal Government 
                by avoiding forfeitures to the Commodity Credit 
                Corporation.
          ``(2) Notice.--
                  ``(A) In general.--Not later than September 
                1, 2007, and each September 1 thereafter 
                through fiscal year 2011, the Secretary shall 
                provide notice to eligible entities and 
                bioenergy producers of the quantity of eligible 
                commodities that shall be made available for 
                purchase and sale for the subsequent fiscal 
                year under this section.
                  ``(B) Reestimates.--Not later than the first 
                day of each of the second through fourth 
                quarters of each of fiscal years 2008 through 
                2012, the Secretary shall reestimate the 
                quantity of eligible commodities determined 
                under subparagraph (A), and provide notice and 
                make purchases and sales based on such 
                reestimates.
          ``(3) Commodity credit corporation inventory.--To the 
        extent that an eligible commodity is owned and held in 
        inventory by the Commodity Credit Corporation 
        (accumulated pursuant to the program authorized under 
        section 156 of the Federal Agriculture Improvement and 
        Reform Act (7 U.S.C. 7272)), the Secretary shall sell 
        such commodity to bioenergy producers under this 
        section.
          ``(4) Transfer rule; storage fees.--
                  ``(A) General transfer rule.--Except as 
                provided in subparagraph (C), the Secretary 
                shall ensure that bioenergy producers that 
                purchase eligible commodities pursuant to this 
                subsection take possession of such commodities 
                within 30 calendar days of the date of such 
                purchase from the Commodity Credit Corporation.
                  ``(B) Payment of storage fees prohibited.--
                          ``(i) In general.--The Secretary 
                        shall, to the greatest extent 
                        practicable, carry out this subsection 
                        in a manner that ensures no storage 
                        fees are paid by the Commodity Credit 
                        Corporation in the administration of 
                        this subsection.
                          ``(ii) Exception.--Clause (i) shall 
                        not apply with respect to any 
                        commodities owned and held in inventory 
                        by the Commodity Credit Corporation 
                        (accumulated pursuant to the program 
                        authorized under section 156 of the 
                        Federal Agriculture Improvement and 
                        Reform Act (7 U.S.C. 7272)).
                  ``(C) Option to prevent storage fees.--
                          ``(i) In general.--The Secretary may 
                        enter into contracts with bioenergy 
                        producers to sell eligible commodities 
                        to such producers prior in time to 
                        entering into contracts with eligible 
                        entities to purchase such commodities 
                        to be used to satisfy the contracts 
                        entered into with the bioenergy 
                        producers.
                          ``(ii) Special transfer rule.--If the 
                        Secretary makes a sale and purchase 
                        referred to in clause (i), the 
                        Secretary shall ensure that the 
                        bioenergy producer that purchased 
                        eligible commodities takes possession 
                        of such commodities within 30 calendar 
                        days of the date the Commodity Credit 
                        Corporation purchases such commodities.
          ``(5) Relation to other laws.--If sugar that is 
        subject to a marketing allotment under part VII of 
        subtitle B of title III of the Agricultural Adjustment 
        Act of 1938 (7 U.S.C. 1359aa et seq.) is the subject of 
        a payment under this section, such sugar shall be 
        considered marketed and shall count against a 
        processor's allocation of an allotment under such part, 
        as applicable.
          ``(6) Funding.--The Secretary shall use the funds, 
        facilities, and authorities of the Commodity Credit 
        Corporation, including the use of such sums as are 
        necessary, to carry out this section.''.

  In section 7306, in the amendment adding section 210 to the 
Energy Policy Act of 2005, in subsection (d) of such section 
210, before the last sentence insert ``The Secretary concerned 
may direct a resource advisory committee established under 
section 205 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 500 note; Public Law 106-
393), and reauthorized by the amendments made by Public Law 
110-28, to carry out the requirements of this subsection.'' .

  In section 8201(b)(1) insert ``or in the case of subsection 
(f) of such section 5311, intercity bus service,'' after 
``charges for public transportation,''.

  In section 8201(b)(1) insert ``, or in the case of subsection 
(f) of such section 5311, intercity bus service,'' after 
``provide the public transportation''.

  In section 8201(b)(2) insert ``or in the case of subsection 
(f) of such section 5311, intercity bus service,'' after 
``expand public transportation service,''.

  In section 8201(b)(2) insert ``, or in the case of subsection 
(f) of such section 5311, intercity bus service,'' after 
``provide the public transportation service''.

  Add at the end of part 3 of subtitle F of title VIII the 
following new section:

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

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

  Page 478, after line 8, insert the following :

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

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

  In section 9001(a)(2), in the proposed paragraph (9), strike 
``Clotheswashers'' and insert ``A top-loading or front-loading 
standard-size residential clotheswasher''.

  Strike section 9015 and insert the following:

SEC. 9015. STANDBY MODE.

  Section 325 of the Energy Policy and Conservation Act (42 
U.S.C. 6295) is amended--
          (1) in subsection (u)--
                  (A) by striking paragraphs (2), (3), and (4); 
                and
                  (B) by redesignating paragraph (5), and 
                paragraphs (6) and (7) (as added by this Act) 
                as paragraphs (2), (3), and (4), respectively; 
                and
          (2) by adding at the end the following new 
        subsection:
  ``(ii) Standby Mode Energy Use.--
          ``(1) Definitions.--
                  ``(A) In general.--Unless the Secretary 
                determines otherwise pursuant to subparagraph 
                (B), the definitions in this subsection, for 
                the purpose of this subsection, shall apply:
                          ``(i) The term `active mode' means 
                        the condition in which an energy using 
                        product is connected to a mains power 
                        source, has been activated, and 
                        provides one or more main functions.
                          ``(ii) The term `off mode' means the 
                        condition in which an energy using 
                        product is connected to a mains power 
                        source and is not providing any standby 
                        or active mode function.
                          ``(iii) The term `standby mode' means 
                        the condition in which an energy using 
                        product is connected to a mains power 
                        source and offers one or more of the 
                        following user oriented or protective 
                        functions:
                                  ``(I) To facilitate the 
                                activation or deactivation of 
                                other functions (including 
                                active mode) by remote switch 
                                (including remote control), 
                                internal sensor, or timer.
                                  ``(II) Continuous functions, 
                                including information or status 
                                displays (including clocks) or 
                                sensor-based functions.
                  ``(B) Amended definitions.--The Secretary 
                may, by rule, amend the definitions under 
                subparagraph (A), taking into consideration the 
                most current versions of Standards 62301 and 
                62087 of the International Electrotechnical 
                Commission.
          ``(2) Test procedures.--(A) Test procedures for all 
        covered products shall be amended pursuant to section 
        323 to include standby mode and off mode energy 
        consumption, taking into consideration the most current 
        versions of Standards 62301 and 62087 of the 
        International Electrotechnical Commission, with such 
        energy consumption integrated into the overall energy 
        efficiency, energy consumption, or other energy 
        descriptor for each covered product, unless the 
        Secretary determines that--
                  ``(i) the current test procedures for a 
                covered product already fully account for and 
                incorporate its standby mode and off mode 
                energy consumption; or
                  ``(ii) such an integrated test procedure is 
                technically infeasible for a particular covered 
                product, whereupon the Secretary shall 
                promulgate a separate standby mode and off mode 
                energy use test procedure for such product, if 
                technically feasible.
          ``(B) The test procedure amendments required by 
        subparagraph (A) shall be prescribed in a final rule no 
        later than the following dates:
                  ``(i) December 31, 2008, for battery chargers 
                and external power supplies.
                  ``(ii) March 31, 2009, for clothes dryers, 
                room air conditioners, and fluorescent lamp 
                ballasts.
                  ``(iii) June 30, 2009, for residential 
                clothes washers.
                  ``(iv) September 30, 2009, for residential 
                furnaces and boilers.
                  ``(v) March 31, 2010, for residential water 
                heaters, direct heating equipment, and pool 
                heaters.
                  ``(vi) March 31, 2011, for residential 
                dishwashers, ranges and ovens, microwave ovens, 
                and dehumidifiers.
          ``(C) The test procedure amendments adopted pursuant 
        to subparagraph (B) shall not be used to determine 
        compliance with product standards established prior to 
        the adoption of such amended test procedures.
          ``(3) Incorporation into standard.--Based on the test 
        procedures required under paragraph (2), any final rule 
        establishing or revising a standard for a covered 
        product, adopted after July 1, 2010, shall incorporate 
        standby mode and off mode energy use into a single 
        amended or new standard, pursuant to subsection (o), 
        where feasible. Where not feasible, the Secretary shall 
        promulgate within such final rule a separate standard 
        for standby mode and off mode energy consumption, if 
        justified under subsection (o).''.

SEC. 9016. BATTERY CHARGERS.

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

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

  (a) Definitions.--Section 340 of the Energy Policy and 
Conservation Act (42 U.S.C. 6311) is amended--
          (1) in paragraph (1)--
                  (A) by redesignating subparagraphs (G) 
                through (K) as subparagraphs (H) through (L), 
                respectively; and
                  (B) by inserting after subparagraph (F) the 
                following:
                  ``(G) Walk-in coolers and walk-in 
                freezers.'';
          (2) by redesignating paragraphs (20) and (21) as 
        paragraphs (21) and (22), respectively; and
          (3) by inserting after paragraph (19) the following:
          ``(20) The terms `walk-in cooler' and `walk-in 
        freezer' mean an enclosed storage space refrigerated to 
        temperatures, respectively, above and at or below 32 
        degrees Fahrenheit that can be walked into, and has a 
        total chilled storage area of less than 3000 square 
        feet. These terms exclude products designed and 
        marketed exclusively for medical, scientific, or 
        research purposes.''.
  (b) Standards.--Section 342 of the Energy Policy and 
Conservation Act (42 U.S.C. 6313) is amended by adding at the 
end the following:
  ``(f) Walk-in Coolers and Walk-in Freezers.--(1) Each walk-in 
cooler or walk-in freezer manufactured on or after January 1, 
2009, shall meet the following specifications:
          ``(A) Have automatic door closers that firmly close 
        all walk-in doors that have been closed to within one 
        inch of full closure. This requirement does not apply 
        to doors wider than 3 feet 9 inches or taller than 7 
        feet.
          ``(B) Have strip doors, spring hinged doors, or other 
        method of minimizing infiltration when doors are open.
          ``(C) Contain wall, ceiling, and door insulation of 
        at least R-25 for coolers and R-32 for freezers. Door 
        insulation requirements do not apply to glazed portions 
        of doors, nor to structural members.
          ``(D) Contain floor insulation of at least R-28 for 
        freezers.
          ``(E) For evaporator fan motors of under one 
        horsepower and less than 460 volts, use either--
                  ``(i) electronically commutated motors 
                (brushless direct current motors); or
                  ``(ii) three-phase motors.
        The portion of the requirement for electronically 
        commuted motors shall take effect January 1, 2009, 
        unless, prior to this date, the Secretary determines 
        that such motors are only available from one 
        manufacturer. The Secretary may also allow other types 
        of motors if the Secretary determines that, on average, 
        these other motors use no more energy in evaporator fan 
        applications than electronically commutated motors. The 
        Secretary shall establish this maximum energy 
        consumption level no later than January 1, 2010.
          ``(F) For condenser fan motors of under one 
        horsepower, use--
                  ``(i) electronically commutated motors;
                  ``(ii) permanent split capacitor-type motors; 
                or
                  ``(iii) three-phase motors.
          ``(G) For all interior lights, use light sources with 
        an efficacy of 40 lumens per watt or more, including 
        ballast losses (if any). Light sources with an efficacy 
        of 40 lumens per watt or less, including ballast losses 
        (if any), may be used in conjunction with a timer or 
        device that turns off the lights within 15 minutes of 
        when the walk-in cooler or walk-in freezer is not 
        occupied.
  ``(2) Each walk-in cooler or walk-in freezer with transparent 
reach-in doors manufactured on or after January 1, 2009, shall 
also meet the following specifications:
          ``(A) Transparent reach-in doors and windows in walk-
        in doors for walk-in freezers shall be of triple-pane 
        glass with either heat-reflective treated glass or gas 
        fill.
          ``(B) Transparent reach-in doors for walk-in coolers 
        and windows in walk-in doors shall be either--
                  ``(i) double-pane glass with heat-reflective 
                treated glass and gas fill; or
                  ``(ii) triple pane glass with either heat-
                reflective treated glass or gas fill.
          ``(C) If the appliance has an antisweat heater 
        without antisweat heat controls, then the appliance 
        shall have a total door rail, glass, and frame heater 
        power draw of no more than 7.1 watts per square foot of 
        door opening (for freezers) and 3.0 watts per square 
        foot of door opening (for coolers).
          ``(D) If the appliance has an antisweat heater with 
        antisweat heat controls, and the total door rail, 
        glass, and frame heater power draw is more than 7.1 
        watts per square foot of door opening (for freezers) 
        and 3.0 watts per square foot of door opening (for 
        coolers), then the antisweat heat controls shall reduce 
        the energy use of the antisweat heater in an amount 
        corresponding to the relative humidity in the air 
        outside the door or to the condensation on the inner 
        glass pane.
          ``(3) Not later than January 1, 2012, the Secretary 
        shall publish performance-based standards for walk-in 
        coolers and walk-in freezers that achieve the maximum 
        improvement in energy which the Secretary determines is 
        technologically feasible and economically justified. 
        Such standards shall apply to products manufactured 
        three years after the final rule is published unless 
        the Secretary determines, by rule, that three years is 
        inadequate, in which case the Secretary may set an 
        effective date for products manufactured no greater 
        than five years after the date of publication of a 
        final rule for these products.
          ``(4) Not later than January 1, 2020, the Secretary 
        shall publish a final rule to determine if the 
        standards established under paragraph (3) should be 
        amended. The rule shall provide that such standards 
        shall apply to products manufactured three years after 
        the final rule is published unless the Secretary 
        determines, by rule, that three years is inadequate, in 
        which case the Secretary may set an effective date for 
        products manufactured no greater than five years after 
        the date of publication of a final rule for these 
        products.''.
  (c) Test Procedures.--Section 343(a) of the Energy Policy and 
Conservation Act (42 U.S.C. 6314(a)) is amended by adding at 
the end the following:
  ``(9) For walk-in coolers and walk-in freezers:
          ``(A) R value is defined as 1/K factor multiplied by 
        the thickness of the panel. K factor shall be based on 
        ASTM test procedure C518-2004. For calculating R value 
        for freezers, the K factor of the foam at 20F (average 
        foam temperature) shall be used. For calculating R 
        value for coolers the K factor of the foam at 55F 
        (average foam temperature) shall be used.
          ``(B) Not later than January 1, 2010, the Secretary 
        shall establish a test procedure to measure the energy-
        use of walk-in coolers and walk-in freezers. Such test 
        procedure may be based on computer modeling, if the 
        computer model or models have been verified using the 
        results of laboratory tests on a significant sample of 
        walk-in coolers and walk-in freezers.''.
  (d) Labeling.--Section 344(e) of the Energy Policy and 
Conservation Act (42 U.S.C. 6315(e)) is amended by inserting 
``walk-in coolers and walk-in freezers,'' after ``commercial 
clothes washers,'' each place it appears.
  (e) Administration, Penalties, Enforcement, and Preemption.--
Section 345 of the Energy Policy and Conservation Act (42 
U.S.C. 6316), is amended--
          (1) by striking ``subparagraphs (B), (C), (D), (E), 
        and (F)'' and inserting ``subparagraphs (B), (C), (D), 
        (E), (F), and (G)'' each place it appears; and
          (2) by adding at the end the following:
  ``(h)(1)(A)(i) Except as provided in clause (ii) and 
paragraphs (2) and (3), section 327 shall apply to walk-in 
coolers and walk-in freezers for which standards have been 
established under paragraphs (1) and (2) of section 342(f) to 
the same extent and in the same manner as the section applies 
under part A on the date of enactment of this subsection.
  ``(ii) Any State standard issued before the date of enactment 
of this subsection shall not be preempted until the standards 
established under paragraphs (1) and (2) of section 342(f) take 
effect.
  ``(B) In applying section 327 to the equipment under 
subparagraph (A), paragraphs (1), (2), and (3) of subsection 
(a) shall apply.
  ``(2)(A) If the Secretary does not issue a final rule for a 
specific type of walk-in cooler or walk-in freezer within the 
time frame specified in section 342(f)(3) or (4), subsections 
(b) and (c) of section 327 shall no longer apply to the 
specific type of walk-in cooler or walk-in freezer for the 
period beginning on the day after the scheduled date for a 
final rule and ending on the date on which the Secretary 
publishes a final rule covering the specific type of walk-in 
cooler or walk-in freezer.
  ``(B) Any State standard issued before the publication of the 
final rule shall not be preempted until the standards 
established in the final rule take effect.
  ``(3) Any standard issued in the State of California before 
January 1, 2011, under Title 20 of the California Code of 
Regulations, which refers to walk-in coolers and walk-in 
freezers, for which standards have been established under 
paragraphs (1) and (2) of section 342(f), shall not be 
preempted until the standards established under paragraph (3) 
of section 342(f) take effect.''.

  In part 2 of subtitle A of title IX, add at the end the 
following new section:

SEC. 9024. METAL HALIDE LAMP FIXTURES.

  (a) Definitions.--Section 321 of the Energy Policy and 
Conservation Act (42 U.S.C. 6291) is amended by adding at the 
end the following:
          ``(57) The term `ballast' means a device used with an 
        electric discharge lamp to obtain necessary circuit 
        conditions (voltage, current, and waveform) for 
        starting and operating.
          ``(58) The term `metal halide lamp' means a high 
        intensity discharge lamp in which the major portion of 
        the light is produced by radiation of metal halides and 
        their products of dissociation, possibly in combination 
        with metallic vapors.
          ``(59) The term `metal halide lamp fixture' means a 
        light fixture for general lighting application designed 
        to be operated with a metal halide lamp and a ballast 
        for a metal halide lamp.
          ``(60) The term `metal halide ballast' means a 
        ballast used to start and operate metal halide lamps.
          ``(61) The term `pulse-start metal halide ballast' 
        means an electronic or electromagnetic ballast that 
        starts a pulse start metal halide lamp with high 
        voltage pulses. Lamps are started by first providing a 
        high voltage pulse for ionization of the gas to produce 
        a glow discharge. To complete the starting process, 
        power is provided by the ballast to sustain the 
        discharge through the glow-to-arc transition.
          ``(62) The term `probe-start metal halide ballast' 
        means a ballast that starts a probe start metal halide 
        lamp which contains a third starting electrode (probe) 
        in the arc tube. This ballast does not generally 
        contain an igniter and instead starts lamps with high 
        ballast open circuit voltage.
          ``(63) The term `electronic ballast' means a device 
        that uses semiconductors as the primary means to 
        control lamp starting and operation.
          ``(64) The term `general lighting application' means 
        lighting that provides an interior or exterior area 
        with overall illumination.
          ``(65) The term `ballast efficiency' for a high 
        intensity discharge fixture means the efficiency of a 
        lamp and ballast combination, expressed as a 
        percentage, and calculated by Efficiency = Pout/Pin, as 
        measured. Pout is the measured operating lamp wattage, 
        and Pin is the measured operating input wattage. The 
        lamp, and the capacitor when it is provided, is to 
        constitute a nominal system in accordance with the ANSI 
        Standard C78.43-2004. Pin and Pout are to be measured 
        after lamps have been stabilized according to Section 
        4.4 of ANSI Standard C82.6-2005 using a wattmeter with 
        accuracy specified in Section 4.5 of ANSI Standard 
        C82.6-2005 for ballasts with a frequency of 60 Hz, and 
        shall have a basic accuracy of  0.5 percent 
        at the higher of--
                  ``(A) three times the output operating 
                frequency of the ballast; or
                  ``(B) 2 kHz for ballast with a frequency 
                greater than 60 Hz.
        The Secretary may, by rule, modify this definition if 
        he determines that such modification is necessary or 
        appropriate to carry out the purposes of this Act.''.
  (b) Coverage.--Section 322(a) of the Energy Policy and 
Conservation Act (42 U.S.C. 6292(a)) is amended--
          (1) by redesignating paragraph (19) as paragraph 
        (20); and
          (2) by inserting after paragraph (18) the following:
          ``(19) Metal halide lamp fixtures.''.
  (c) Test Procedures.--Section 323(c) of the Energy Policy and 
Conservation Act (42 U.S.C. 6293(c)) is amended by adding at 
the end the following:
  ``(17) Test procedures for metal halide lamp ballasts shall 
be based on American National Standards Institute Standard 
C82.6-2005, entitled `Ballasts for High Intensity Discharge 
Lamps--Method of Measurement'.''.
  (d) Labeling.--Section 324(a)(2) of the Energy Policy and 
Conservation Act (42 U.S.C. 6294(a)(2)) is amended--
          (1) by redesignating subparagraphs (C) through (G) as 
        subparagraphs (D) through (H), respectively; and
          (2) by inserting after subparagraph (B) the 
        following:
  ``(C) The Commission shall prescribe labeling rules under 
this section applicable to the covered product specified in 
paragraph (19) of section 322(a) and to which standards are 
applicable under section 325. Such rules shall provide that the 
labeling of any metal halide lamp fixture manufactured on or 
after the later of January 1, 2009, or nine months after 
enactment of this subparagraph, will indicate conspicuously, in 
a manner prescribed by the Commission under subsection (b) by 
July 1, 2008, a capital letter `E' printed within a circle on 
the packaging of the fixture, and on the ballast contained in 
such fixture.''.
  (e) Standards.--Section 325 of the Energy Policy and 
Conservation Act (42 U.S.C. 6295) is amended--
          (1) by redesignating subsection (gg) as subsection 
        (hh);
          (2) by inserting after subsection (ff) the following:
  ``(gg) Metal Halide Lamp Fixtures.--
          ``(1)(A) Metal halide lamp fixtures designed to be 
        operated with lamps rated greater than or equal to 150 
        watts but less than or equal to 500 watts shall 
        contain--
                  ``(i) a pulse-start metal halide ballast with 
                a minimum ballast efficiency of 88 percent;
                  ``(ii) a magnetic probe-start ballast with a 
                minimum ballast efficiency of 94 percent; or
                  ``(iii) a non-pulse-start electronic ballast 
                with a minimum ballast efficiency of 92 percent 
                for wattages greater than 250 watts and a 
                minimum ballast efficiency of 90 percent for 
                wattages less than or equal to 250 watts.
          ``(B) The standards in subparagraph (A) do not apply 
        to fixtures with regulated lag ballasts, fixtures that 
        use electronic ballasts that operate at 480 volts, or 
        fixtures that meet all of the following criteria:
                  ``(i) Rated only for 150 watt lamps.
                  ``(ii) Rated for use in wet locations as 
                specified by the National Electrical Code 2002, 
                Section 410.4(A).
                  ``(iii) Contain a ballast that is rated to 
                operate at ambient air temperatures above 50\o\ 
                C as specified by UL 1029-2001.
          ``(C) The standard in subparagraph (A) shall apply to 
        metal halide lamp fixtures manufactured on or after the 
        later of January 1, 2009, or 9 months after the date of 
        enactment of this subsection.
          ``(2) Not later than January 1, 2012, the Secretary 
        shall publish a final rule to determine whether the 
        standards established under paragraph (1) should be 
        amended. Such final rule shall contain the amended 
        standards, if any, and shall apply to products 
        manufactured after January 1, 2015.
          ``(3) Not later than January 1, 2019, the Secretary 
        shall publish a final rule to determine whether the 
        standards then in effect should be amended. Such final 
        rule shall contain the amended standards, if any, and 
        shall apply to products manufactured after January 1, 
        2022.
          ``(4) Notwithstanding any other provision of law, any 
        standard established pursuant to this subsection may 
        contain both design and performance requirements.''; 
        and
          (3) in subsection (hh), as so redesignated by 
        paragraph (1) of this subsection, by striking ``(ff)'' 
        both places it appears and inserting ``(gg)''.
  (f) Effect on Other Law.--Section 327(c) of the Energy Policy 
and Conservation Act (42 U.S.C. 6297(c)) is amended--
          (1) by striking the period at the end of paragraph 
        (8)(B) and inserting ``; and''; and
          (2) by adding at the end the following:
          ``(9) is a regulation concerning metal halide lamp 
        fixtures adopted by the California Energy Commission on 
        or before January 1, 2011. If the Secretary fails to 
        issue a final rule within 6 months after the deadlines 
        for rulemakings in section 325(gg) then, 
        notwithstanding any other provision of this section, 
        preemption does not apply to a regulation concerning 
        metal halide lamp fixtures adopted by the California 
        Energy Commission on or before July 1, 2015, if the 
        Secretary misses the deadline specified in paragraph 
        (2) of section 325(gg), or on or before July 1, 2022, 
        if the Secretary misses the deadline specified in 
        paragraph (3) of section 325(gg).''.

  In section 9031(a), in the proposed section 304(a)(2)(B), 
insert ``Any such modified code or standard shall achieve the 
maximum level of energy savings that are technically feasible 
and economically justified, incorporating available appliances, 
technologies, materials, and construction practices.'' after 
``meets such targets.''.

  In section 9032(a), insert ``Such standards shall be 
established after notice and an opportunity for comment by 
manufacturers of manufactured housing and other interested 
parties, and after consultation with the Secretary of Housing 
and Urban Development who may seek further counsel from the 
Manufactured Housing Consensus Committee.'' after 
``manufactured housing.''.

  In section 9034(a), insert ``In implementing the Alternative 
Delivery System Pilot Project, the Secretary shall consider (1) 
the expected effectiveness and benefits of the proposed Pilot 
Project to low- and moderate-income energy consumers; (2) the 
potential for replication of successful results; (3) the impact 
on the energy costs of those served; and (4) the extent of 
partnerships with other public and private entities that 
contribute to the resources and implementation of the program, 
including financial partnerships. Funding for such projects may 
equal up to two percent of funding in any fiscal year, provided 
that no funding is utilized for such demonstrations in any 
fiscal year in which Weatherization appropriations are less 
than $275,000,000.'' after ``cold urban areas.''.

  In section 9301, amend subsection (j) to read as follows:

  (j) Double Counting.--No person that receives a credit under 
section 30C of the Internal Revenue Code of 1986 may receive 
assistance under this section.

  Amend the table of contents accordingly.

             PART B--TEXT OF AMENDMENTS TO BE MADE IN ORDER

 1. An Amendment To Be Offered by Representative Blumenauer of Oregon, 
               or His Designee, Debatable for 10 Minutes

  In title IX, after subtitle F, insert:

                   Subtitle G--Natural Gas Utilities

SEC. 9511. NATURAL GAS UTILITIES.

  (a) In General.--Section 303(b) of the Public Utility 
Regulatory Policies Act of 1978 (15 U.S.C. 3203(b)) is amended 
by adding at the end the following:
          ``(5) Energy efficiency.--Each natural gas utility 
        shall--
                  ``(A) integrate energy efficiency resources 
                into the plans and planning processes of the 
                natural gas utility; and
                  ``(B) adopt policies that establish energy 
                efficiency as a priority resource in the plans 
                and planning processes of the natural gas 
                utility.
        For purposes of applying the provisions of this 
        subtitle to this paragraph, any reference in this 
        subtitle to the date of enactment of this Act shall be 
        treated as a reference to the date of the enactment of 
        this paragraph.
          ``(6) Rate policy modifications to promote energy 
        efficiency investments.--
                  ``(A) In general.--The rates allowed to be 
                charged by a natural gas utility shall align 
                utility incentives with the deployment of cost-
                effective energy efficiency.
                  ``(B) Policy options.--In complying with 
                subparagraph (A), each State regulatory 
                authority and each nonregulated utility shall 
                consider--
                          ``(i) ensuring that utilities' 
                        recovery of authorized revenues is 
                        independent of the amount of customers' 
                        natural gas consumption;
                          ``(ii) providing to utilities 
                        incentives for the successful 
                        management of energy efficiency 
                        programs, such as allowing utilities to 
                        retain a portion of the cost-reducing 
                        benefits accruing from the programs;
                          ``(iii) promoting the impact on 
                        adoption of energy efficiency as 1 of 
                        the goals of retail rate design, 
                        recognizing that energy efficiency must 
                        be balanced with other objectives; and
                          ``(iv) adopting rate designs that 
                        encourage energy efficiency for each 
                        customer class.
                For purposes of applying the provisions of this 
                subtitle to this paragraph, any reference in 
                this subtitle to the date of enactment of this 
                Act shall be treated as a reference to the date 
                of the enactment of this paragraph.''.
  (b) Conforming Amendment.--Section 303(b)(2) of such Act is 
amended by striking ``and (4)'' inserting ``(4), (5), and (6)'' 
in lieu thereof.
                              ----------                              


 2. An Amendment To Be Offered by Representative Shays of Connecticut, 
               or His Designee, Debatable for 10 Minutes

  In section 9034(a), strike ``$600,000,000 for fiscal year 
2007, and $750,000,000'' and insert ``$1,200,000,000 for fiscal 
year 2007, and $1,400,000,000''.
                              ----------                              


 3. An Amendment To Be Offered by Representative Hooley of Oregon, or 
                 Her Designee, Debatable for 10 Minutes

  In part 6 of subtitle A of title IX, add at the end the 
following new section:

SEC. 9077. STUDY ON INDOOR ENVIRONMENTAL QUALITY IN SCHOOLS.

  (a) In General.--The Administrator of the Environmental 
Protection Agency shall enter into an arrangement with the 
Secretary of Education and the Secretary of Energy to conduct a 
detailed study of how sustainable building features such as 
energy efficiency affect multiple perceived indoor 
environmental quality stressors on students in K-12 schools.
  (b) Contents.--The study shall--
          (1) investigate synergistic effects of multiple 
        perceived stressors, including thermal discomfort, 
        visual discomfort, acoustical dissatisfaction such as 
        noise and loss of speech privacy, and air quality 
        dissatisfaction;
          (2) identify how sustainable building features, such 
        as energy efficiency, are influencing these human 
        outcomes singly and in concert; and
          (3) ensure that the impacts of the indoor 
        environmental quality are evaluated as a whole.
  (c) Authorization of Appropriations.--There are authorized to 
be appropriated for carrying out this section $200,000 for each 
of the fiscal years 2008 through 2012.
  Amend the table of contents accordingly.
                              ----------                              


4. An Amendment To Be Offered by Representative Pitts of Pennsylvania, 
               or His Designee, Debatable for 10 Minutes

  In section 9003(4), in the proposed paragraph (3), add at the 
end the following new subparagraph:
                  ``(C) Exception.--Boilers that are 
                manufactured to operate without any need for 
                electricity, any electric connection, any 
                electric gauges, electric pumps, electric 
                wires, or electric devices of any sort, shall 
                not be required to meet the requirements of 
                this section.''.
                              ----------                              


 5. An Amendment To Be Offered by Representative Terry of Nebraska, or 
                 His Designee, Debatable for 10 Minutes

  In title IX, at the end of Part 4 of subtitle A, add the 
following new section and make the necessary conforming 
amendments in the table of contents:

SEC. 9053. GEOTHERMAL HEAT PUMP TECHNOLOGY ACCELERATION PROGRAM.

  (a) Definitions--In this section:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of General Services.
          (2) General services administration facility.--
                  (A) In general.--The term ``General Services 
                Administration 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 ``General Services 
                Administration 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 ``General Services 
                Administration 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)).
  (b) Establishment--
          (1) In general.--The Administrator shall establish a 
        program to accelerate the use of geothermal heat pumps 
        at General Services Administration facilities.
          (2) Requirements.--The program established under this 
        subsection shall--
                  (A) ensure centralized responsibility for the 
                coordination of geothermal heat pump 
                recommendations, practices, and activities of 
                all relevant Federal agencies;
                  (B) provide technical assistance and 
                operational guidance to applicable tenants to 
                achieve the goal identified in subsection 
                (c)(2)(B)(ii); and
                  (C) establish methods to track the success of 
                Federal departments and agencies with respect 
                to that goal.
  (c) Accelerated Use of Geothermal Heat Pump Technologies.--
          (1) Review.--
                  (A) In general.--As part of the program under 
                this section, not later than 90 days after the 
                date of enactment of this Act, the 
                Administrator shall conduct a review of--
                          (i) current use of geothermal heat 
                        pump technologies in General Services 
                        Administration facilities; and
                          (ii) the availability to managers of 
                        General Services Administration 
                        facilities of geothermal heat pumps.
                  (B) Requirements.--The review under 
                subparagraph (A) shall--
                          (i) examine the use of geothermal 
                        heat pumps by Federal agencies in 
                        General Services Administration 
                        facilities; and
                          (ii) as prepared in consultation with 
                        the Administrator of the Environmental 
                        Protection Agency, identify geothermal 
                        heat pump technology standards that 
                        could be used for all types of General 
                        Services Administration facilities.
          (2) Replacement.--
                  (A) In general.--As part of the program under 
                this section, not later than 180 days after the 
                date of enactment of this Act, the 
                Administrator shall establish, using available 
                appropriations, a geothermal heat pump 
                technology acceleration program to achieve 
                maximum feasible replacement of existing 
                heating and cooling technologies with 
                geothermal heat pump technologies in each 
                General Services Administration facility.
                  (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 heating and cooling 
                        technologies with geothermal heat pump 
                        technologies, to the maximum extent 
                        feasible (including at the maximum rate 
                        feasible), at each General Services 
                        Administration facility.
                          (ii) Goal.--The goal of the timetable 
                        under clause (i) shall be to complete, 
                        using available appropriations, maximum 
                        feasible replacement of existing 
                        heating and cooling technologies with 
                        geothermal heat pump technologies by 
                        not later than the date that is 5 years 
                        after the date of enactment of this 
                        Act.
  (d) General Services Administration Facility Geothermal Heat 
Pump 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 geothermal heat pump 
        technologies is designated for each General Services 
        Administration facility geothermal heat pump 
        technologies and practices 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) includes an estimate of the funds 
                necessary to carry out this section;
                  (B) describes the status of the 
                implementation of geothermal heat pump 
                technologies and practices at General Services 
                Administration facilities, including--
                          (i) the extent to which programs, 
                        including the program established under 
                        subsection (b), are being carried out 
                        in accordance with this Act; and
                          (ii) the status of funding requests 
                        and appropriations for those programs;
                  (C) identifies within the planning, 
                budgeting, and construction processes, all 
                types of General Services Administration 
                facility-related procedures that inhibit new 
                and existing General Services Administration 
                facilities from implementing geothermal heat 
                pump technologies;
                  (D) recommends language for uniform standards 
                for use by Federal agencies in implementing 
                geothermal heat pump technologies and 
                practices;
                  (E) 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 geothermal 
                        heat pump technologies; and
                          (ii) identifying short- and long-term 
                        cost savings that accrue from the use 
                        of geothermal heat pump technologies 
                        and practices;
                  (F) achieves substantial operational cost 
                savings through the application of geothermal 
                heat pump technologies; and
                  (G) includes recommendations to address each 
                of the matters, and a plan for implementation 
                of each recommendation, described in 
                subparagraphs (A) through (F).
  (e) Authorization of Appropriations.--There are authorized to 
be appropriated such sums as are necessary to carry out this 
section, to remain available until expended.
                              ----------                              


   6. An Amendment To Be Offered by Representative Tom Udall of New 
           Mexico, or His Designee, Debatable for 10 Minutes

  In title IX, after subtitle F, insert the following new 
subtitle and make the necessary conforming changes in the table 
of contents:

            Subtitle G--Federal Renewable Portfolio Standard

SEC. 9600. FEDERAL RENEWABLE PORTFOLIO STANDARD.

  (a) In General.--Title VI of the Public Utility Regulatory 
Policies Act of 1978 is amended by adding at the end the 
following:

``SEC. 610. FEDERAL RENEWABLE PORTFOLIO STANDARD.

  ``(a) Definitions.--For purposes of this section:
          ``(1) Biomass.--
                  ``(A) In general.--The term `biomass' means--
                          ``(i) cellulosic (plant fiber) 
                        organic materials from a plant that is 
                        planted for the purpose of being used 
                        to produce energy; or
                          ``(ii) nonhazardous, plant or algal 
                        matter that is derived from any of the 
                        following:
                                  ``(I) An agricultural crop, 
                                crop byproduct or residue 
                                resource.
                                  ``(II) Waste such as 
                                landscape or right-of-way 
                                trimmings (but not including 
                                municipal solid waste, 
                                recyclable postconsumer waste 
                                paper, painted, treated, or 
                                pressurized wood, wood 
                                contaminated with plastic or 
                                metals).
                                  ``(III) Gasified animal 
                                waste.
                                  ``(IV) Landfill methane.
                  ``(B) National forest lands and certain other 
                public lands.--With respect to organic material 
                removed from National Forest System lands or 
                from public lands administered by the Secretary 
                of the Interior, the term `biomass' covers only 
                organic material from (i) ecological forest 
                restoration; (ii) pre-commercial thinnings; 
                (iii) brush; (iv) mill residues; and (v) slash.
                  ``(C) Exclusion of certain federal lands.--
                Notwithstanding subparagraph (B), material or 
                matter that would otherwise qualify as biomass 
                are not included in the term biomass if they 
                are located on the following Federal lands:
                          ``(i) Federal land containing old 
                        growth forest or late successional 
                        forest unless the Secretary of the 
                        Interior or the Secretary of 
                        Agriculture determines that the removal 
                        of organic material from such land is 
                        appropriate for the applicable forest 
                        type and maximizes the retention of 
                        late-successional and large and old 
                        growth trees, late-successional and old 
                        growth forest structure, and late-
                        successional and old growth forest 
                        composition.
                          ``(ii) Federal land on which the 
                        removal of vegetation is prohibited, 
                        including components of the National 
                        Wilderness Preservation System.
                          ``(iii) Wilderness Study Areas.
                          ``(iv) Inventoried roadless areas.
                          ``(v) Components of the National 
                        Landscape Conservation System.
                          ``(vi) National Monuments.
          ``(2) Eligible facility.--The term `eligible 
        facility' means--
                  ``(A) a facility for the generation of 
                electric energy from a renewable energy 
                resource that is placed in service on or after 
                January 1, 2001; or
                  ``(B) a repowering or cofiring increment.
          ``(3) Existing facility.--The term `existing 
        facility' means a facility for the generation of 
        electric energy from a renewable energy resource that 
        is not an eligible facility.
          ``(4) Incremental hydropower.--The term `incremental 
        hydropower' means additional generation that is 
        achieved from increased efficiency or additions of 
        capacity made on or after January 1, 2001, or the 
        effective date of an existing applicable State 
        renewable portfolio standard program at a hydroelectric 
        facility that was placed in service before that date.
          ``(5) Indian land.--The term `Indian land' means--
                  ``(A) any land within the limits of any 
                Indian reservation, pueblo, or rancheria;
                  ``(B) any land not within the limits of any 
                Indian reservation, pueblo, or rancheria title 
                to which was on the date of enactment of this 
                paragraph either held by the United States for 
                the benefit of any Indian tribe or individual 
                or held by any Indian tribe or individual 
                subject to restriction by the United States 
                against alienation;
                  ``(C) any dependent Indian community; or
                  ``(D) any land conveyed to any Alaska Native 
                corporation under the Alaska Native Claims 
                Settlement Act.
          ``(6) Indian tribe.--The term `Indian tribe' means 
        any Indian tribe, band, nation, or other organized 
        group or community, including any Alaskan Native 
        village or regional or village corporation as defined 
        in or established pursuant to the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.), which is 
        recognized as eligible for the special programs and 
        services provided by the United States to Indians 
        because of their status as Indians.
          ``(7) Renewable energy.--The term `renewable energy' 
        means electric energy generated by a renewable energy 
        resource.
          ``(8) Renewable energy resource.--The term `renewable 
        energy resource' means solar (including solar water 
        heating), wind, ocean, tidal, geothermal energy, 
        biomass, landfill gas, or incremental hydropower.
          ``(9) Repowering or cofiring increment.--The term 
        `repowering or cofiring increment' means--
                  ``(A) the additional generation from a 
                modification that is placed in service on or 
                after January 1, 2001, to expand electricity 
                production at a facility used to generate 
                electric energy from a renewable energy 
                resource or to cofire biomass that was placed 
                in service before the date of enactment of this 
                section; or
                  ``(B) the additional generation above the 
                average generation in the 3 years preceding the 
                date of enactment of this section at a facility 
                used to generate electric energy from a 
                renewable energy resource or to cofire biomass 
                that was placed in service before the date of 
                enactment of this section.
          ``(10) Retail electric supplier.--The term `retail 
        electric supplier' means a person that sells electric 
        energy to electric consumers (other than consumers in 
        Hawaii) that sold not less than 1,000,000 megawatt-
        hours of electric energy to electric consumers for 
        purposes other than resale during the preceding 
        calendar year; except that such term does not include 
        the United States, a State or any political subdivision 
        of a State, or any agency, authority, or 
        instrumentality of any one or more of the foregoing, or 
        a rural electric cooperative.
          ``(11) Retail electric supplier's base amount.--The 
        term `retail electric supplier's base amount' means the 
        total amount of electric energy sold by the retail 
        electric supplier, expressed in terms of kilowatt 
        hours, to electric customers for purposes other than 
        resale during the most recent calendar year for which 
        information is available, excluding --
                  ``(A) electric energy that is not incremental 
                hydropower generated by a hydroelectric 
                facility; and
                  ``(B) electricity generated through the 
                incineration of municipal solid waste.
  ``(b) Compliance.--For each calendar year beginning in 
calendar year 2010, each retail electric supplier shall meet 
the requirements of subsection (c) by submitting to the 
Secretary, not later than April 1 of the following calendar 
year, one or more of the following:
          ``(1) Federal renewable energy credits issued under 
        subsection (e).
          ``(2) Federal energy efficiency credits issued under 
        subsection (i), except that Federal energy efficiency 
        credits may not be used to meet more than 27 percent of 
        the requirements of subsection (c) in any calendar 
        year.
          ``(3) Certification of the renewable energy generated 
        and electricity savings pursuant to the funds 
        associated with State compliance payments as specified 
        in subsection (e)(3)(G).
          ``(4) Alternative compliance payments pursuant to 
        subsection (j).
  ``(c) Required Annual Percentage.--For calendar years 2010 
through 2039, the required annual percentage of the retail 
electric supplier's base amount that shall be generated from 
renewable energy resources, or otherwise credited towards such 
percentage requirement pursuant to subsection (d), shall be the 
percentage specified in the following table:

                                                         Required annual
``Calendar Years                                              percentage
        2010..................................................      2.75
        2011..................................................      2.75
        2012..................................................      3.75
        2013..................................................       4.5
        2014..................................................       5.5
        2015..................................................       6.5
        2016..................................................       7.5
        2017..................................................      8.25
        2018..................................................     10.25
        2019..................................................     12.25
        2020 and thereafter through 2039......................        15
  ``(d) Renewable Energy and Energy Efficiency Credits.--(1) A 
retail electric supplier may satisfy the requirements of 
subsection (b)(1) through the submission of Federal renewable 
energy credits--
          ``(A) issued to the retail electric supplier under 
        subsection (e);
          ``(B) obtained by purchase or exchange under 
        subsection (f) or (g); or
          ``(C) borrowed under subsection (h).
  ``(2) A retail electric supplier may satisfy the requirements 
of subsection (b)(2) through the submission of Federal energy 
efficiency credits issued to the retail electric supplier 
obtained by purchase or exchange pursuant to subsection (i).''
  ``(3) A Federal renewable energy credit may be counted toward 
compliance with subsection (b)(1) only once. A Federal energy 
efficiency credit may be counted toward compliance with 
subsection (b)(2) only once.
  ``(e) Issuance of Credits.--(1) The Secretary shall establish 
by rule, not later than 1 year after the date of enactment of 
this section, a program to verify and issue Federal renewable 
energy credits to generators of renewable energy, track their 
sale, exchange and retirement and to enforce the requirements 
of this section. To the extent possible, in establishing such 
program, the Secretary shall rely upon existing and emerging 
State or regional tracking systems that issue and track non-
Federal renewable energy credits.
  ``(2) An entity that generates electric energy through the 
use of a renewable energy resource may apply to the Secretary 
for the issuance of renewable energy credits. The applicant 
must demonstrate that the electric energy will be transmitted 
onto the grid or, in the case of a generation offset, that the 
electric energy offset would have otherwise been consumed on 
site. The application shall indicate--
          ``(A) the type of renewable energy resource used to 
        produce the electricity;
          ``(B) the location where the electric energy was 
        produced; and
          ``(C) any other information the Secretary determines 
        appropriate.
  ``(3)(A) Except as provided in subparagraphs (B), (C), and 
(D), the Secretary shall issue to a generator of electric 
energy one Federal renewable energy credit for each kilowatt 
hour of electric energy generated by the use of a renewable 
energy resource at an eligible facility.
  ``(B) For purpose of compliance with this section, Federal 
renewable energy credits for incremental hydropower shall be 
based, on the increase in average annual generation resulting 
from the efficiency improvements or capacity additions. The 
incremental generation shall be calculated using the same water 
flow information used to determine a historic average annual 
generation baseline for the hydroelectric facility and 
certified by the Secretary or the Federal Energy Regulatory 
Commission. The calculation of the Federal renewable energy 
credits for incremental hydropower shall not be based on any 
operational changes at the hydroelectric facility not directly 
associated with the efficiency improvements or capacity 
additions.
  ``(C) The Secretary shall issue 2 renewable energy credits 
for each kilowatt hour of electric energy generated and 
supplied to the grid in that calendar year through the use of a 
renewable energy resource at an eligible facility located on 
Indian land. For purposes of this paragraph, renewable energy 
generated by biomass cofired with other fuels is eligible for 
two credits only if the biomass was grown on such land.
  ``(D) For electric energy generated by a renewable energy 
resource at an on-site eligible facility and used to offset 
part or all of the customer's requirements for electric energy, 
the Secretary shall issue 3 renewable energy credits to such 
customer for each kilowatt hour generated.
  ``(E) If both a renewable energy resource and a non-renewable 
energy resource are used to generate the electric energy, the 
Secretary shall issue the Federal renewable energy credits 
based on the proportion of the renewable energy resources used.
  ``(F) When a generator has sold electric energy generated 
through the use of a renewable energy resource to a retail 
electric supplier under a contract for power from an existing 
facility, and the contract has not determined ownership of the 
Federal renewable energy credits associated with such 
generation, the Secretary shall issue such Federal renewable 
energy credits to the retail electric supplier for the duration 
of the contract.
  ``(G) Payments made by a retail electricity supplier, 
directly or indirectly, to a State for compliance with a State 
renewable portfolio standard program, or for an alternative 
compliance mechanism, shall be valued for the purpose of 
subsection (b)(2) based on the amount of electric energy 
generation from renewable resources and electricity savings 
that results from those payments.
  ``(f) Existing Facilities.--The Secretary shall ensure that a 
retail electric supplier that acquires Federal renewable energy 
credits associated with the generation of renewable energy from 
an existing facility may use such credits for purpose of its 
compliance with subsection (b)(1). Such credits may not be sold 
or traded for the purpose of compliance by another retail 
electric supplier.
  ``(g) Renewable Energy Credit Trading.--A Federal renewable 
energy credit, may be sold, transferred or exchanged by the 
entity to whom issued or by any other entity who acquires the 
Federal renewable energy credit, except for those renewable 
energy credits from existing facilities. A Federal renewable 
energy credit for any year that is not submitted to satisfy the 
minimum renewable generation requirement of subsection (c) for 
that year may be carried forward for use pursuant to subsection 
(b)(1) within the next 3 years.
  ``(h) Renewable Energy Credit Borrowing.--At any time before 
the end of calendar year 2012, a retail electric supplier that 
has reason to believe it will not be able to fully comply with 
subsection (b) may--
          ``(1) submit a plan to the Secretary demonstrating 
        that the retail electric supplier will earn sufficient 
        Federal renewable energy credits within the next 3 
        calendar years which, when taken into account, will 
        enable the retail electric supplier to meet the 
        requirements of subsection (b) for calendar year 2012 
        and the subsequent calendar years involved; and
          ``(2) upon the approval of the plan by the Secretary, 
        apply Federal renewable energy credits that the plan 
        demonstrates will be earned within the next 3 calendar 
        years to meet the requirements of subsection (b) for 
        each calendar year involved.
The retail electric supplier must repay all of the borrowed 
Federal renewable energy credits by submitting an equivalent 
number of Federal renewable energy credits, in addition to 
those otherwise required under subsection (b), by calendar year 
2020 or any earlier deadlines specified in the approved plan. 
Failure to repay the borrowed Federal renewable energy credits 
shall subject the retail electric supplier to civil penalties 
under subsection (i) for violation of the requirements of 
subsection (b) for each calendar year involved.
  ``(i) Energy Efficiency Credits.--
          ``(1) Defintions.--In this subsection--
                  ``(A) Customer facility savings.--The term 
                `customer facility savings' means a reduction 
                in end-use electricity at a facility of an end-
                use consumer of electricity served by a retail 
                electric supplier, as compared to----
                          ``(i) consumption at the facility 
                        during a base year;
                          ``(ii) in the case of new equipment 
                        (regardless of whether the new 
                        equipment replaces existing equipment 
                        at the end of the useful life of the 
                        existing equipment), consumption by the 
                        new equipment of average efficiency; or
                          ``(iii) in the case of a new 
                        facility, consumption at a reference 
                        facility.
                  ``(B) Electricity savings.--The term 
                `electricity savings' means----
                          ``(i) customer facility savings of 
                        electricity consumption adjusted to 
                        reflect any associated increase in fuel 
                        consumption at the facility;
                          ``(ii) reductions in distribution 
                        system losses of electricity achieved 
                        by a retail electricity distributor, as 
                        compared to losses attributable to new 
                        or replacement distribution system 
                        equipment of average efficiency (as 
                        defined by the Secretary by 
                        regulation);
                          ``(iii) the output of new combined 
                        heat and power systems, to the extent 
                        provided under paragraph (5); and
                          ``(iv) recycled energy savings.
                  ``(C) Qualifying electricty savings.--The 
                term `qualifying electricity savings' means 
                electricity saving that meet the measurement 
                and verification requirements of paragraph (4).
                  ``(D) Recycled energy savings.--The term 
                `recycled energy savings' means a reduction in 
                electricity consumption that is attributable to 
                electrical or mechanical power, or both, 
                produced by modifying an industrial or 
                commercial system that was in operation before 
                July 1, 2007, in order to recapture energy that 
                would otherwise be wasted.
          ``(2) Petition.--The Governor of a State may petition 
        the Secretary to allow up to 25 percent of the 
        requirements of a retail electric supplier under 
        subsection (c) in the State to be met by submitting 
        Federal energy efficiency credits issued pursuant to 
        this subsection.
          ``(3) Issuance of credits.--
                  ``(A) The Secretary shall issue energy 
                efficiency credits in States described in 
                paragraph (2) in accordance with this 
                subsection.
                  ``(B) In accordance with regulations 
                promulgated by the Secretary, the Secretary 
                shall issue credits for----
                          ``(i) qualified electricity savings 
                        achieved by a retail electric supplier 
                        in a calendar year; and
                          ``(ii) qualified electricity savings 
                        achieved by other entities (including 
                        State agencies) if ----
                                  ``(I) the measures used to 
                                achieve the qualifying 
                                electricity savings were 
                                installed or place in operation 
                                by the entity seeking the 
                                credit or the designated agent 
                                of the entity; and
                                  ``(II) no retail electric 
                                supplier paid a substantial 
                                portion of the cost of 
                                achieving the qualified 
                                electricity savings (unless the 
                                utility has waived any 
                                entitlement to the credit).
          ``(4) Measurement and verification ofelectricty 
        savings.--Not later than June 30, 2009, the Secretary 
        shall promulgate regulations regarding the measurement 
        and verification of electricity savings under this 
        subsection, including regulations covering----
                  ``(A) procedures and standards for defining 
                and measuring electricity savings that will be 
                eligible to receive credits under paragraph 
                (3), which shall----
                          ``(i) specify the types of energy 
                        efficiency and energy conservation that 
                        will be eligible for the credits;
                          ``(ii) require that energy 
                        consumption for customer facilities or 
                        portions of facilities in the 
                        applicable base and current years be 
                        adjusted, as appropriate, to account 
                        for changes in weather, level of 
                        production, and building area;
                          ``(iii) account for the useful life 
                        of electricity savings measures;
                          ``(iv) include specified electricity 
                        savings values for specific, commonly-
                        used efficiency measures;
                          ``(v) specify the extent to which 
                        electricity savings attributable to 
                        measures carried out before the date of 
                        enactment of this section are eligible 
                        to receive credits under this 
                        subsection; and
                          ``(vi) exclude electricity savings 
                        that (I) are not properly attributable 
                        to measures carried out by the entity 
                        seeking the credit; or (II) have 
                        already been credited under this 
                        section to another entity;
                  ``(B) procedures and standards for third-
                party verification of reported electricity 
                savings; and
                  ``(C) such requirements for information, 
                reports, and access to facilities as may be 
                necessary to carry out this subsection.
          ``(5) Combined heat and power.--Under regulations 
        promulgated by the Secretary, the increment of 
        electricity output of a new combined heat and power 
        system that is attributable to the higher efficiency of 
        the combined system (as compared to the efficiency of 
        separate production of the electric and thermal 
        outputs), shall be considered electricity savings under 
        this subsection.
          ``(6) State delegation.--On application of the 
        Governor of a State, the Secretary may delegate to the 
        State the administration of this subsection in the 
        State if the Secretary determines that the State is 
        willing and able to carry out the functions described 
        in this subsection.''
  ``(j) Enforcement.--A retail electric supplier that does not 
comply with subsection (b) shall be liable for the payment of a 
civil penalty. That penalty shall be calculated on the basis of 
the number of kilowatt-hours represented by the retail electric 
supplier's failure to comply with subsection (b), multiplied by 
the lesser of 4.5 cents (adjusted for inflation for such 
calendar year, based on the Gross Domestic Product Implicit 
Price Deflator) or 300 percent of the average market value of 
Federal renewable energy credits and energy efficiency credits 
for the compliance period. Any such penalty shall be due and 
payable without demand to the Secretary as provided in the 
regulations issued under subsection (e).
  ``(k) Alternative Compliance Payments.--The Secretary shall 
accept payment equal to 200 percent of the average market value 
of Federal renewable energy credits and Federal energy 
efficiency credits for the applicable compliance period or 3.0 
cents per kilowatt hour adjusted on January 1 of each year 
following calendar year 2006 based on the Gross Domestic 
Product Implicit Price Deflator, as a means of compliance under 
subsection (b)(4).
  ``(l) Information Collection.--The Secretary may collect the 
information necessary to verify and audit--
          ``(1) the annual renewable energy generation of any 
        retail electric supplier, Federal renewable energy 
        credits submitted by a retail electric supplier 
        pursuant to subsection (b)(1) and Federal energy 
        efficiency credits;
          ``(2) annual electricity savings achieved pursuant to 
        subsection (i);
          ``(3) the validity of Federal renewable energy 
        credits submitted for compliance by a retail electric 
        supplier to the Secretary; and
          ``(4) the quantity of electricity sales of all retail 
        electric suppliers.
  ``(m) Environmental Savings Clause.--Incremental hydropower 
shall be subject to all applicable environmental laws and 
licensing and regulatory requirements.
  ``(n) State Programs.--(1) Nothing in this section diminishes 
any authority of a State or political subdivision of a State 
to--
  ``(A) adopt or enforce any law or regulation respecting 
renewable energy or energy efficiency, including but not 
limited to programs that exceed the required amount of 
renewable energy or energy efficiency under this section, or
  ``(B) regulate the acquisition and disposition of Federal 
renewable energy credits and Federal energy efficiency credits 
by electric suppliers.
No law or regulation referred to in subparagraph (A) shall 
relieve any person of any requirement otherwise applicable 
under this section. The Secretary, in consultation with States 
having renewable energy programs and energy efficiency 
programs, shall preserve the integrity of such State programs, 
including programs that exceed the required amount of renewable 
energy and energy efficiency under this section, and shall 
facilitate coordination between the Federal program and State 
programs.
  ``(2) In the rule establishing the program under this 
section, the Secretary shall incorporate common elements of 
existing renewable energy and energy efficiency programs, 
including State programs, to ensure administrative ease, market 
transparency and effective enforcement. The Secretary shall 
work with the States to minimize administrative burdens and 
costs to retail electric suppliers.
  ``(o) Recovery of Costs.--An electric utility whose sales of 
electric energy are subject to rate regulation, including any 
utility whose rates are regulated by the Commission and any 
State regulated electric utility, shall not be denied the 
opportunity to recover the full amount of the prudently 
incurred incremental cost of renewable energy and energy 
efficiency obtained to comply with the requirements of 
subsection (b). For purposes of this subsection, the 
definitions in section 3 of this Act shall apply to the terms 
electric utility, State regulated electric utility, State 
agency, Commission, and State regulatory authority.
  ``(p) Program Review.--The Secretary shall enter into a 
contract with the National Academy of Sciences to conduct a 
comprehensive evaluation of all aspects of the program 
established under this section, within 8 years of enactment of 
this section. The study shall include an evaluation of--
          ``(1) the effectiveness of the program in increasing 
        the market penetration and lowering the cost of the 
        eligible renewable energy and energy efficiency 
        technologies;
          ``(2) the opportunities for any additional 
        technologies and sources of renewable energy and energy 
        efficiency emerging since enactment of this section;
          ``(3) the impact on the regional diversity and 
        reliability of supply sources, including the power 
        quality benefits of distributed generation;
          ``(4) the regional resource development relative to 
        renewable potential and reasons for any under 
        investment in renewable resources; and
          ``(5) the net cost/benefit of the renewable portfolio 
        standard to the national and State economies, including 
        retail power costs, economic development benefits of 
        investment, avoided costs related to environmental and 
        congestion mitigation investments that would otherwise 
        have been required, impact on natural gas demand and 
        price, effectiveness of green marketing programs at 
        reducing the cost of renewable resources.
The Secretary shall transmit the results of the evaluation and 
any recommendations for modifications and improvements to the 
program to Congress not later than January 1, 2016.
  ``(q) State Renewable Energy and Energy Efficiency Account 
Program.--(1) The Secretary shall establish, not later than 
December 31, 2009, a State renewable energy account program.
  ``(2) All money collected by the Secretary from the 
alternative compliance payments under subsection (k) shall be 
deposited into the State renewable energy and energy efficiency 
account established pursuant to this subsection.
  ``(3) Proceeds deposited in the State renewable energy and 
energy efficiency account shall be used by the Secretary, 
subject to annual appropriations, for a program to provide 
grants to the State agency responsible for administering a fund 
to promote renewable energy generation and energy efficiency 
for customers of the state, or an alternative agency designated 
by the state, or if no such agency exists, to the state agency 
developing State energy conservation plans under section 363 of 
the Energy Policy and Conservation Act (42 U.S.C. 6322) for the 
purposes of promoting renewable energy production and providing 
energy assistance and weatherization services to low-income 
consumers.
  ``(4) The Secretary may issue guidelines and criteria for 
grants awarded under this subsection. At least 75 percent of 
the funds provided to each State shall be used for promoting 
renewable energy production and energy efficiency through 
grants, production incentives or other state-approved funding 
mechanisms. The funds shall be allocated to the States on the 
basis of retail electric sales subject to the Renewable 
Portfolio Standard under this section or through voluntary 
participation. State agencies receiving grants under this 
section shall maintain such records and evidence of compliance 
as the Secretary may require.''.
  (b) Table of Contents.--The table of contents for such title 
is amended by adding the following new item at the end:

``Sec. 610. Federal renewable portfolio standard''.

  (c) Sunset.--Section 610 of such title and the item relating 
to such section 610 in the table of contents for such title are 
each repealed as of December 31, 2039.
                              ----------                              


7. An Amendment To Be Offered by Representative Van Hollen of Maryland, 
               or His Designee, Debatable for 10 Minutes

   In section 9117(a), in the amendment adding paragraph (18) 
to section 111(d) of the Public Utility Regulatory Policies Act 
of 1978, in paragraph (18)(B), strike ``and'' in clause (iv), 
strike the period at the end of clause (v) and insert ``; and'' 
and after clause (v) insert:
                          ``(vi) offering home energy audits, 
                        publicizing the financial and 
                        environmental benefits associated with 
                        making home energy efficiency 
                        improvements, and educating homeowners 
                        about all existing Federal and State 
                        incentives, including the availability 
                        of low-cost loans, that make home 
                        energy efficiency improvements more 
                        affordable.''.
                              ----------                              


      8. An Amendment To Be Offered by Representative Schwartz of 
        Pennsylvania, or Her Designee, Debatable for 10 Minutes

  In part 4 of subtitle A of title IX, add at the end the 
following new section:

SEC. 9053. GREEN MEETINGS.

  (a) Purchase of Meeting and Conference Services.--Not later 
than 180 days after the date of the enactment of this Act, the 
Administrator for Federal Procurement Policy shall ensure that 
the Federal Acquisition Regulation is revised to require each 
Federal agency to consider, in each purchase of meeting and 
conference services, the environmentally preferable features 
and practices of a vendor in a manner substantially similar to 
that required of the Environmental Protection Agency in section 
1523.703-1 (relating to acquisition of environmentally 
preferable meeting and conference services) and section 
1552.223-71 (relating to EPA Green Meetings and Conferences) of 
title 48, Code of Federal Regulations, as set forth in the 
Environmental Protection Agency final rule published on pages 
18401 through 18404 of volume 72, Federal Register (April 12, 
2007).
  (b) Definitions.--In this section--
          (1) the terms ``environmentally preferable'' and 
        ``Federal agency'' have the meanings given them by 
        section 2.101 of the Federal Acquisition Regulation; 
        and
          (2) the term ``meeting and conference services'' 
        means the use of off-site commercial facilities for a 
        Federal agency event, including an event for a meeting, 
        conference, training session, or other purpose.
  Amend the table of contents accordingly.
                              ----------                              


9. An Amendment To Be Offered by Representative Arcuri of New York, or 
                 His Designee, Debatable for 10 Minutes

  In title IX, insert the following at the end of part 1 of 
subtitle B and make the necessary conforming amendments in the 
table of contents:

SEC. 9119. EMINENT DOMAIN AUTHORITY.

  Section 216 of the Federal Power Act (as added by section 
1221 of the Energy Policy Act of 2005) is amended by repealing 
subsections (f) and by amending subsection (e) to read as 
follows:
  ``(e) Acquisition of Rights-of-Way.--In the case of a permit 
under subsection (b) for electric transmission facilities to be 
located on property other than property owned by the United 
States or a State, if the permit holder cannot acquire by 
contract, or is unable to agree with the owner of the property 
to the compensation to be paid for, the necessary right-of-way 
to construct or modify the transmission facilities, the permit 
holder may acquire the right-of-way in accordance with State 
law for the State in which the property is located.''.
                              ----------                              


     10. An Amendment To Be Offered by Representative Hodes of New 
          Hampshire, or His Designee, Debatable for 10 Minutes

  In part 3 of subtitle A of title IX, add at the end the 
following new section:

SEC. 9035. RENEWABLE ENERGY REBATE PROGRAM STUDY.

  Not later than 120 days after the date of enactment of this 
Act, the Secretary of Energy shall conduct, and transmit to 
Congress a report on, a study regarding the rebate program 
described in section 206(c) of the Energy Policy Act of 2005. 
The study shall--
          (1) develop a plan for how such a rebate program 
        would be carried out if it were funded; and
          (2) determine the minimum amount of funding the 
        program would need to receive in order to accomplish 
        the goal of encouraging consumers to install renewable 
        energy systems in their homes or small businesses.
  Amend the table of contents accordingly.
                              ----------                              


    11. An Amendment To Be Offered by Representative Tim Murphy of 
        Pennsylvania, or His Designee, Debatable for 10 Minutes

  In section 9502(a), insert ``improvements in data on solid 
byproducts from coal-based energy-producing facilities,'' after 
``oil and gas data,''.
                              ----------                              


12. An Amendment To Be Offered by Representative Christopher Murphy of 
         Connecticut, or His Designee, Debatable for 10 Minutes

  In title IX, insert the following at the end of part 1 of 
subtitle B and make the necessary conforming amendments in the 
table of contents:

SEC. 9119. PUBLIC MEETINGS FOR CERTAIN FERC ACTIONS.

  (a) In General.--Before issuing a permit, license, or other 
authorization under part I of the Federal Power Act for any 
action that may affect land use in any locality, the Federal 
Energy Regulatory Commission shall hold a public meeting in 
that locality regarding such permit, license or other 
authorization if such a meeting is requested by 5 or more 
individuals or an organization representing 30 or more 
individuals. The meeting shall be held before the end of any 
period for public comment under Commission rules. Not more than 
one public meeting need be held with respect to a single 
permit, license or other authorization.
  (b) Multiple Areas.--In the case of a facility that affects 
multiple areas, the meeting shall be held in a statistical 
metropolitan area at a location reasonably central to the 
affected areas.
  (c) Motions to Reconsider.--The Commission shall hold such a 
meeting whenever a request for reconsideration is granted if 
the request was filed before the enactment of this section and 
the Commission did not hold a hearing prior to issuing the 
permit, license, or other authorization concerned.
                              ----------                              


13. An Amendment To Be Offered by Representative Sali of Idaho, or His 
                   Designee, Debatable for 10 Minutes

  In title IX, add at the end the following new subtitle:

              Subtitle G--Large and Small Scale Hydropower

SEC. 9601. SENSE OF CONGRESS.

  Congress recognizes and supports renewable energy. 
Specifically, the clean, consistent, pollution free large and 
small scale conventional hydropower energy.
                              ----------                              


 14. An Amendment To Be Offered by Representative Welch of Vermont, or 
                 His Designee, Debatable for 10 Minutes

  In part IV of subtitle A of title IX, add at the end the 
following new section:

SEC. 9077. 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 per year 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 per year 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 than 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.''.
  Amend the table of contents accordingly.
                              ----------                              


15. An Amendment To Be Offered by Representative Castle of Delaware, or 
                 His Designee, Debatable for 10 Minutes

  In title VII, at the end of subtitle F add the following:

SEC. __. REPORT ON STATUS OF REGULATIONS WITH RESPECT TO WIND ENERGY 
                    PROJECTS.

  Not later than 30 days after the date of the enactment of 
this Act, the Secretary of the Interior, acting through the 
Minerals Management Service, shall submit a report to Congress 
on the status of regulations required to be issued under 
section 8(p)(8)) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1337(p)(8)) with respect to the production of wind 
energy on the Outer Continental Shelf.
                              ----------                              


 16. An Amendment To Be Offered by Representative Wu of Oregon, or His 
                   Designee, Debatable for 10 Minutes

  In subtitle E of title IV, add at the end the following new 
section:

SEC. 4417. UNIVERSITY BASED RESEARCH AND DEVELOPMENT GRANT PROGRAM.

  (a) Establishment.--The Secretary shall establish a 
competitive grant program, in a geographically diverse manner, 
for projects submitted for consideration by institutions of 
higher education to conduct research and development of 
renewable energy technologies. Each grant made shall not exceed 
$2,000,000.
  (b) Eligibility.--Priority shall be given to institutions of 
higher education with--
          (1) established programs of research in renewable 
        energy;
          (2) locations that are low income or outside of an 
        urbanized area;
          (3) a joint venture with an Indian tribe; and
          (4) proximity to trees dying of disease or insect 
        infestation as a source of woody biomass.
  (c) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary $25,000,000 for carrying out 
this section.
  (d) Definitions.--In this section:
          (1) Indian tribe.--The term ``Indian tribe'' has the 
        meaning as defined in section 126(c) of the Energy 
        Policy Act of 2005.
          (2) Institutions of higher education.--The term 
        ``institutions of higher education'' has the meaning as 
        defined in section 102(a) of the Higher Education Act 
        of 1965.
          (3) Renewable energy.--The term ``renewable energy'' 
        has the meaning as defined in section 902 of the Energy 
        Policy Act of 2005.
          (4) Urbanized area.--The term ``urbanized area'' has 
        the mean as defined by the U.S. Bureau of the Census.
  Amend the table of contents accordingly.
                              ----------                              


 17. An Amendment To Be Offered by Representative Giffords of Arizona, 
               or Her Designee, Debatable for 10 Minutes

  In subtitle D of title IV, before section 4301, insert the 
following:

                    PART 1--RESEARCH AND ADVANCEMENT

  In section 4302, strike ``subtitle'' and insert ``part''.
  At the end of subtitle D of title IV, add the following new 
part:

          PART 2--DEVELOPMENT AND USE OF SOLAR ENERGY PRODUCTS

SEC. 4311. DEFINITIONS.

  For purposes of this part:
          (1) The term ``Board'' means the Solar Energy 
        Industries Research and Promotion Board established 
        under section 4312(b)(1).
          (2) The term ``Committee'' means the Solar Energy 
        Research and Promotion Operating Committee established 
        under section 4312(b)(4).
          (3) The term ``Department'' means the Department of 
        Energy.
          (4) The term ``importer'' means any person who 
        imports solar energy products from outside the United 
        States.
          (5) The term ``order'' means a solar energy product 
        research and promotion order issued under section 4312.
          (6) The term ``promotion'' means any action to 
        advance the image and desirability of solar energy 
        products with the express intent of improving the 
        competitive position and stimulating sales of solar 
        energy products in the marketplace.
          (7) The term ``Secretary'' means the Secretary of 
        Energy.
          (8) The term ``solar energy products'' means solar 
        water heating components and systems and photovoltaic 
        components and systems.

SEC. 4312. SOLAR RESEARCH AND INFORMATION PROGRAM.

  (a) Issuance of Orders.--
          (1) Proposed order.--Not later than 30 days after 
        receipt of a proposal for a solar energy product 
        research and promotion order, the Secretary shall 
        publish such proposed order and give due notice and 
        opportunity for public comment on such proposed order. 
        Such proposal may be submitted by any organization 
        meeting the requirements for certification under 
        section 4313 or any interested person, including the 
        Secretary.
          (2) Final order.--After notice and opportunity for 
        public comment are given, as provided for in paragraph 
        (1), the Secretary shall issue a solar energy product 
        research and promotion order. The order shall become 
        effective not later than 120 days after publication of 
        the proposed order.
  (b) Required Terms in Orders.--An order issued under 
subsection (a) shall contain the following terms and 
conditions:
          (1) The order shall provide for the establishment and 
        selection of a Solar Energy Industries Research and 
        Promotion Board. In addition to nonpermanent members of 
        the Board, there shall be two permanent members of the 
        Board, a representative chosen by the Secretary and a 
        representative chosen by one of the organizations 
        certified under section 4313. Nonpermanent members of 
        the Board shall be solar energy products producers and 
        importers appointed by the Secretary from--
                  (A) nominations submitted by eligible 
                organizations certified under section 4313; and
                  (B) nominations submitted by importers under 
                such procedures as the Secretary determines 
                appropriate.
         The Secretary shall ensure adequate representation of 
        all geographic regions of the United States on the 
        Board.
          (2) The order shall define the powers and duties of 
        the Board, which shall be exercised at an annual 
        meeting, and shall include only the following powers:
                  (A) To administer the order in accordance 
                with its terms and provisions.
                  (B) To make rules and regulations to 
                effectuate the terms and provisions of the 
                order.
                  (C) To elect members of the Board to serve on 
                the Committee.
                  (D) To approve or disapprove budgets 
                submitted by the Committee.
                  (E) To receive, investigate, and report to 
                the Secretary complaints of violations of the 
                order.
                  (F) To recommend to the Secretary amendments 
                to the order. In addition, the order shall 
                determine the circumstances under which special 
                meetings of the Board may be held.
          (3) The order shall provide that the term of 
        appointment for nonpermanent members of the Board shall 
        be 3 years with no nonpermanent member serving more 
        than 2 consecutive terms, except that initial 
        appointments shall be proportionately for 1-year, 2-
        year, and 3-year terms; and that Board members shall 
        serve without compensation, but shall be reimbursed for 
        their reasonable expenses incurred in performing their 
        duties as members of the Board.
          (4)(A) The order shall provide that the Board shall 
        elect from its membership 10 members to serve on the 
        Solar Energy Research and Promotion Operating 
        Committee.
          (B) The Committee shall develop plans or projects of 
        research, information, and promotion which shall be 
        paid for with assessments collected by the Board. In 
        developing plans or projects, the Committee shall, to 
        the extent practicable, ensure that all segments of the 
        solar industry receive fair treatment under this part 
        based upon contributions made under paragraph (8).
          (C) The Committee shall be responsible for developing 
        and submitting to the Board, for its approval, budgets 
        on a fiscal year basis of its anticipated expenses and 
        disbursements, including probable costs of research, 
        promotion, and information projects. The Board shall 
        approve or disapprove such budgets and, if approved, 
        shall submit such budget to the Secretary for the 
        Secretary's approval.
          (D) The total costs of collection of assessments and 
        administrative staff incurred by the Board during any 
        fiscal year shall not exceed 5 percent of the projected 
        total assessments to be collected by the Board for such 
        fiscal year. The Board shall use, to the extent 
        possible, the resources, staffs, and facilities of 
        existing organizations.
          (5) The order shall provide that terms of appointment 
        to the Committee shall be 1 year, and that no person 
        may serve on the Committee for more than 6 consecutive 
        terms. Committee members shall serve without 
        compensation, but shall be reimbursed for their 
        reasonable expenses incurred in performing their duties 
        as members of the Committee. The Committee may utilize 
        the resources, staffs, and facilities of the Board and 
        industry organizations. An employee of an industry 
        organization may not receive compensation for work 
        performed for the Committee, but shall be reimbursed 
        from assessments collected by the Board for reasonable 
        expenses incurred in performing such work.
          (6) The order shall provide that, to ensure 
        coordination and efficient use of funds, the Committee 
        shall enter into contracts or agreements for 
        implementing and carrying out the activities authorized 
        by this part with established national nonprofit 
        industry-governed organizations to implement programs 
        of research, promotion, and information. In any fiscal 
        year, the total assessments available for spending for 
        this program (including administrative expenses under 
        paragraph (4)(D)) shall not exceed 50 percent of the 
        projected total assessments for that year. Any such 
        contract or agreement shall provide that--
                  (A) the person entering the contract or 
                agreement shall develop and submit to the 
                Committee a plan or project together with a 
                budget or budgets that shows estimated costs to 
                be incurred for the plan or project;
                  (B) the plan or project shall become 
                effective on the approval of the Secretary; and
                  (C) the person entering the contract or 
                agreement shall keep accurate records of all of 
                its transactions, account for funds received 
                and expended, and make periodic reports to the 
                Committee of activities conducted, and such 
                other reports as the Secretary, the Board, or 
                the Committee may require.
          (7) The order shall require the Board and the 
        Committee to--
                  (A) maintain such books and records, which 
                shall be available to the Secretary for 
                inspection and audit, as the Secretary may 
                prescribe;
                  (B) prepare and submit to the Secretary, from 
                time to time, such reports as the Secretary may 
                prescribe; and
                  (C) account for the receipt and disbursement 
                of all funds entrusted to them.
          (8)(A) The order shall provide that each manufacturer 
        of a solar energy product shall collect an assessment 
        and pay the assessment to the Board.
          (B) The order also shall provide that each importer 
        of solar energy products shall pay an assessment, in 
        the manner prescribed by the order, to the Board.
          (C) The assessments shall be used for payment of the 
        costs of plans and projects, as provided for in 
        paragraph (4), and expenses in administering the order, 
        including more administrative costs incurred by the 
        Secretary after the order has been promulgated under 
        this part, and to establish a reasonable reserve. The 
        rate of assessment prescribed by the order shall be 
        determined by the Secretary in consultation with the 
        Solar Energy Industry Association.
          (9) The order shall provide that the Board, with the 
        approval of the Secretary, may invest, pending 
        disbursement, funds collected through assessments only 
        in obligations of the United States or any agency 
        thereof, in any interest-bearing account or certificate 
        of deposit of a bank that is a member of the Federal 
        Reserve System, or in obligations fully guaranteed as 
        to principal and interest by the United States.
          (10) The order shall prohibit any funds collected by 
        the Board under the order from being used in any manner 
        for the purpose of influencing governmental action or 
        policy, with the exception of recommending amendments 
        to the order.
          (11)(A) The order shall require that each 
        manufacturer or importer making payment to the Board 
        maintain and make available for inspection such books 
        and records as may be required by the order and file 
        reports at the time, in the manner, and having the 
        content prescribed by the order. Such information shall 
        be made available to the Secretary as is appropriate to 
        the administration or enforcement of this part. All 
        information so obtained shall be kept confidential by 
        all officers and employees of the Department, and only 
        such information so obtained as the Secretary deems 
        relevant may be disclosed by them and then only in a 
        suit or administrative hearing brought at the request 
        of the Secretary, or to which the Secretary or any 
        officer of the United States is a party, and involving 
        the order. Nothing in this paragraph may be deemed to 
        prohibit--
                  (i) the issuance of general statements, based 
                on the reports, of the number of entities 
                subject to the order or statistical data 
                collected therefrom, which statements do not 
                identify the information furnished by an 
                person; or
                  (ii) the publication, by direction of the 
                Secretary, of the name of any person violating 
                the order, together with a statement of the 
                particular provisions of the order violated by 
                the person.
          (B) No information obtained under the authority of 
        this part may be made available to any agency or 
        officer of the United States for any purpose other than 
        the implementation of this part and any investigatory 
        or enforcement act necessary for the implementation of 
        this part. Any person violating the provisions of this 
        paragraph shall be subject to a fine of not more than 
        $1,000, or to imprisonment for not more than one year, 
        or both, and if an officer or employee of the Board or 
        the Department, shall be removed from office.
          (12) The order shall contain terms and conditions, 
        not inconsistent with the provisions of this part, as 
        necessary to effectuate the provisions of the order.

SEC. 4313. CERTIFICATION OF ORGANIZATIONS TO NOMINATE.

  (a) Eligibility.--The eligibility of any national, regional, 
or State organization to represent manufacturers and to 
participate in the making of nominations under section 4312(b) 
shall be certified by the Secretary. The Secretary shall 
certify any organization that the Secretary determines meets 
the eligibility criteria established under subsection (b), and 
such determination as to eligibility shall be final.
  (b) Criteria.--An organization may be certified as described 
in subsection (a) if such organization meets all of the 
following eligibility criteria:
          (1) The organization represents a majority of 
        manufacturers of solar energy products in the Nation.
          (2) The organization has a history of stability and 
        permanency.
          (3) A primary purpose of the organization is to 
        promote the economic welfare of the solar energy 
        products industry.
  (c) Basis for Certification.--Certification of an 
organization shall be based upon a factual report submitted by 
the organization.

SEC. 4314. REFERENDUM.

  (a) Initial Referendum.--For the purpose of determining 
whether the initial order shall be continued, not later than 48 
months after the issuance of the order (or any earlier date 
recommended by the Board), the Secretary shall conduct a 
referendum among persons who have been manufacturers or 
importers of solar energy products during a representative 
period, as determined by the Secretary. The order shall be 
continued only if the Secretary determines that it has been 
approved by not less than a majority of the manufacturers 
voting in the referendum who, during a representative period as 
determined by the Secretary, have been engaged in the 
manufacturing of solar energy products. If continuation of the 
order is not approved by a majority voting in the referendum, 
the Secretary shall terminate the collection of assessments 
under the order within 6 months after the Secretary determines 
that continuation of the order is not favored by a majority 
voting in the referendum, and shall terminate the order in an 
orderly manner as soon as practicable after such determination.
  (b) Subsequent Referenda.--After the initial referendum, the 
Secretary may conduct a referendum on the request of a 
representative group comprising 25 percent or more of the 
number of manufacturers of solar energy products to determine 
whether manufacturers favor the termination or suspension of 
the order. The Secretary shall suspend or terminate collection 
of assessments under the order within 6 months after the 
Secretary determines that suspension or termination of the 
order is favored by a majority of the manufacturers voting in 
the referendum who, during a representative period as 
determined by the Secretary, have been engaged in the 
manufacture of solar energy products, and shall terminate or 
suspend the order in an orderly manner as soon as practicable 
after such determination.
  (c) Procedures.--The Department shall be reimbursed from 
assessments collected by the Board for any expenses incurred by 
the Department in connection with conducting any referendum 
under this section, except for the salaries of Government 
employees. Any referendum conducted under this section shall be 
conducted on a date established by the Secretary, whereby 
manufacturers shall certify that they were engaged in the 
production of solar energy products during the representative 
period and, on the same day, shall be provided an opportunity 
to vote in the referendum.

SEC. 4315. REFUNDS.

  (a) In General.--During the period prior to the approval of 
the continuation of an order pursuant to the referendum 
required under section 4314(a), subject to subsection (f) of 
this section, the Board shall--
          (1) establish an escrow account to be used for 
        assessment refunds;
          (2) place funds in such account in accordance with 
        subsection (b); and
          (3) refund assessments to persons in accordance with 
        this section.
  (b) Amounts Placed in Account.--Subject to subsection (f), 
the Board shall place in such account, from assessments 
collected under section 4312 during the period referred to in 
subsection (a), an amount equal to the product obtained by 
multiplying the total amount of assessments collected under 
section 4312 during such period by 15 percent.
  (c) Full Refund Election.--Subject to subsections (d), (e), 
and (f) and notwithstanding any other provision of this part, 
any manufacturer or importer shall have the right to demand and 
receive from the Board a one-time refund of all assessments 
collected under section 4312 from such manufacturer or importer 
during the period referred to in subsection (a) if such 
manufacturer or importer--
          (1) is responsible for paying such assessment; and
          (2) does not support the program established under 
        this part.
  (d) Procedure.--Such demand shall be made in accordance with 
regulations, on a form, and within a time period prescribed by 
the Board.
  (e) Proof.--Such refund shall be made on submission of proof 
satisfactory to the Board that the manufacturer or importer--
          (1) paid the assessment for which refund is sought; 
        and
          (2) did not collect such assessment from another 
        manufacturer or importer.
  (f) Distribution.--If the amount in the escrow account 
required to be established by subsection (a) is not sufficient 
to refund the total amount of assessments demanded by all 
eligible persons under this section, and the continuation of an 
order is approved pursuant to the referendum required under 
section 4314(b), the Board shall--
          (1) continue to place in such account, from 
        assessments collected under section 4312, the amount 
        required under subsection (b), until such time as the 
        Board is able to comply with paragraph (2); and
          (2) provide to all eligible persons the total amount 
        of assessments demanded by all eligible persons under 
        this section.
If the continuation of an order is not approved pursuant to the 
referendum required under section 4314(b), the Board shall 
prorate the amount of such refunds among all eligible persons 
who demand such refund.

SEC. 4316. ENFORCEMENT.

  (a) In General.--If the Secretary believes that the 
administration and enforcement of this part or an order would 
be adequately served by such procedure, following an 
opportunity for an administrative hearing on the record, the 
Secretary may--
          (1) issue an order to restrain or prevent a person 
        from violating an order; and
          (2) assess a civil penalty of not more than $25,000 
        for violation of such order.
  (b) Jurisdiction.--The district courts of the United States 
are vested with jurisdiction specifically to enforce, and to 
prevent and restrain a person from violating, an order or 
regulation made or issued under this part.
  (c) Attorney General.--A civil action authorized to be 
brought under this section shall be referred to the Attorney 
General for appropriate action.

SEC. 4317. INVESTIGATIONS.

  The Secretary may make such investigations as the Secretary 
deems necessary for the effective administration of this part 
or to determine whether any person subject to this part has 
engaged or is about to engage in any act that constitutes or 
will constitute a violation of this part, the order, or any 
rule or regulation issued under this part.

SEC. 4318. ADMINISTRATIVE PROVISION.

  The provisions of this part applicable to the order shall be 
applicable to amendments to the order.
  Amend the table of contents accordingly.
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     18. An Amendment To Be Offered by Representative Tauscher of 
         California, or Her Designee, Debatable for 10 Minutes

  Page 436, before line 8, insert the following (and conform 
the table of contents of the bill accordingly):

SEC. __. CAPITAL COST OF CONTRACTING VANPOOL PILOT PROGRAM.

  (a) Establishment.--The Secretary of Transportation shall 
establish and implement a pilot program to carry out vanpool 
demonstration projects in not more than 3 urbanized areas and 
not more than 2 other than urbanized areas.
  (b) Pilot Program.--
          (1) In general.--Notwithstanding section 5323(i) of 
        title 49, United States Code, for each project selected 
        for participation in the pilot program, the Secretary 
        shall allow the non-Federal share provided by a 
        recipient of assistance for a capital project under 
        chapter 53 of such title to include the amounts 
        described in paragraph (2).
          (2) Conditions on acquisition of vans.--The amount 
        expended by a private provider of public transportation 
        by vanpool for the acquisition of vans to be used by 
        such private provider in the recipient's service area, 
        excluding any amounts the provider may have received in 
        Federal, State, or local government assistance for such 
        acquisition, if the private provider enters into a 
        legally binding agreement with the recipient that 
        requires the private provider to use all revenues it 
        receives in providing public transportation in such 
        service area, in excess of its operating costs, for the 
        purpose of acquiring vans to be used by the private 
        provider in such service area.
  (c) Program Term.--The Secretary may approve an application 
for a vanpool demonstration project for fiscal years 2008 
through 2009.
  (d) Report to Congress.--Not later than 1 year after the date 
of enactment of this Act, the Secretary shall transmit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Banking, Housing, and 
Urban Affairs of the Senate, a report containing an assessment 
of the costs, benefits, and efficiencies of the vanpool 
demonstration projects.
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19. An Amendment To Be Offered by Representative Holt of New Jersey, or 
                 His Designee, Debatable for 10 Minutes

  In section 8101(c)(1) of the bill--
          (1) strike ``and'' before ``to alleviate''; and
          (2) insert before the period at the end ``, and to 
        examine the potential fuel savings from intelligent 
        transportation systems that help businesses and 
        consumers to plan their travel and avoid delays, 
        including web-based real-time transit information 
        systems, congestion information systems, carpool 
        information systems, parking information systems, 
        freight route management, and traffic management 
        systems''.
                              ----------                              


 20. An Amendment To Be Offered by Representative Hastings of Florida, 
               or His Designee, Debatable for 10 Minutes

  At the end of subtitle A of title II of the bill, insert the 
following:

SEC. 2104. REPORT ON PROGRESS MADE IN PROMOTING TRANSPARENCY IN 
                    EXTRACTIVE INDUSTRIES RESOURCE PAYMENTS.

  (a) Purpose.--The purpose of this section is to--
          (1) ensure greater United States energy security by 
        combating corruption in the governments of foreign 
        countries that receive revenues from the sale of their 
        natural resources, and
          (2) enhance the development of democracy and increase 
        political and economic stability in such resource-rich 
        foreign countries.
  (b) Findings.--Congress makes the following findings:
          (1) The United States is the world's largest consumer 
        of oil. The United States accounts for 25 percent of 
        global daily oil demand--despite having less than 3 
        percent of the world's proven reserves.
          (2) 6 of the top 10 suppliers of United States crude 
        oil imports rank in the bottom third of the world's 
        most corrupt countries, according to Transparency 
        International.
          (3) Corrupt and non-transparent foreign governments 
        have a much higher risk of instability and violent 
        unrest, often leading to disruptions of energy 
        supplies. In addition, the citizens of such countries 
        often remain impoverished despite significant resource 
        wealth.
          (4) Oil is a fungible commodity. Therefore supply 
        disruptions due to political instability in other parts 
        of the world affect United States domestic price and 
        supply regardless of the source of supply.
          (5) Transparency in extractive revenue transactions 
        is important to decreasing corruption and increasing 
        energy security.
          (6) The Extractive Industries Transparency Initiative 
        (EITI) serves to improve investment climates through 
        the audited disclosure of revenue payments.
  (c) Statement of Policy.--It is the policy of the United 
States--
          (1) to increase energy security by decreasing energy 
        reliance on corrupt foreign governments;
          (2) to promote global energy security through 
        promotion of programs such as EITI that seek to instill 
        transparency and accountability into extractive 
        industries resource payments.
  (d) Sense of Congress.--It is the sense of Congress that the 
United States should further global energy security and promote 
democratic development in resource-rich foreign countries by--
          (1) encouraging further participation in the 
        Extractive Industries Transparency Initiative (EITI) by 
        eligible countries and companies;
          (2) promoting the efficacy of the EITI program by 
        ensuring a robust and candid review mechanism;
          (3) establishing a domestic reporting requirement for 
        all companies that purchase natural resources from or 
        make payments to government officials or entities 
        connected with the extraction of such resources so that 
        citizens can monitor expenditures by government 
        officials to ensure accountability for illicit 
        diversion and wasteful use of revenues received; and
          (4) seeking to establish an international reporting 
        requirement similar to the reporting requirement 
        described in paragraph (3) in order to ensure that all 
        international companies and foreign countries are 
        competing and cooperating on a level playing field.
  (e) Report.--
          (1) Report required.--Not later than 180 days after 
        the date of the enactment of this Act, and annually 
        thereafter, the Secretary of State shall submit to 
        Congress a report on progress made in promoting 
        transparency in extractive industries resource 
        payments.
          (2) Matters to be included.--The report required by 
        paragraph (1) shall include a detailed description of 
        United States participation in the Extractive 
        Industries Transparency Initiative (EITI), bilateral 
        and multilateral diplomatic efforts to further 
        participation in the EITI, and other United States 
        initiatives to strengthen energy security, deter energy 
        kleptocracy, and promote transparency in the extractive 
        industries.
                              ----------                              


 21. An Amendment To Be Offered by Representative Solis of California, 
               or Her Designee, Debatable for 10 Minutes

  At the end of subtitle B of title II of the bill, insert the 
following:

SEC. 2209. REPORT ON IMPACT OF GLOBAL CLIMATE CHANGE ON DEVELOPING 
                    COUNTRIES.

  (a) Report Required.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary of State, in 
consultation with the Administrator of the United States Agency 
for International Development, the Administrator of the 
Environmental Protection Agency, and the heads of other 
appropriate Federal departments and agencies, shall submit to 
the appropriate congressional committees a report on the impact 
of global climate change on developing countries.
  (b) Matters To Be Included.--The report required by 
subsection (a) shall include--
          (1) an assessment of the current and anticipated 
        needs of developing countries in adapting to the impact 
        of global climate change; and
          (2) a strategy to address the current and anticipated 
        needs of developing countries in adapting to the impact 
        of global climate change, including the provision of 
        United States assistance to developing countries, and 
        an identification of existing funding sources and a 
        description of new funding sources that will be 
        required specifically for such purposes.
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 22. An Amendment To Be Offered by Representative Cleaver of Missouri, 
               or His Designee, Debatable for 10 Minutes

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


23. An Amendment To Be Offered by Representative Sarbanes of Maryland, 
               or His Designee, Debatable for 10 Minutes

  At the end of title VI, add the following new subtitle:

                    Subtitle C--Telework Enhancement

SEC. 6301. SHORT TITLE.

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

SEC. 6302. FEDERAL GOVERNMENT TELEWORK REQUIREMENT.

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

SEC. 6303. TRAINING AND MONITORING.

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

SEC. 6304. TELEWORK MANAGING EMPLOYEE.

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

SEC. 6305. ANNUAL TELEWORK AGENCY RATING.

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

SEC. 6306 DEFINITIONS.

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

                                  
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