[Senate Report 111-48]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 110

111th Congress                                                   Report
                                 SENATE
 1st Session                                                     111-48

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



              AMERICAN CLEAN ENERGY LEADERSHIP ACT OF 2009

                               ----------                              

                                 REPORT

                                 of the

                        COMMITTEE ON ENERGY AND
                           NATURAL RESOURCES
                          UNITED STATES SENATE

                                     


                                     
                  July 16, 2009--Ordered to be printed

                       Printed for the use of the

               Committee on Energy and Natural Resources


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              AMERICAN CLEAN ENERGY LEADERSHIP ACT OF 2009





                                                       Calendar No. 110



111th Congress                                                   Report
                                 SENATE
 1st Session                                                     111-48

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



 
              AMERICAN CLEAN ENERGY LEADERSHIP ACT OF 2009

                                _______
                                

                 July 16, 2009.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1462]

    The Committee on Energy and Natural Resources, reports an 
original bill (S. 1462) to promote clean energy technology 
development, enhanced energy efficiency, improved energy 
security, and energy innovation and workforce development, and 
for other purposes, reports favorably thereon and recommends 
that the bill do pass.

                           TABLE OF CONTENTS

                                                                   Page
Purpose of the Measure...........................................     1
Summary of Major Provisions......................................     2
Background and Need..............................................     6
Legislative History..............................................     7
Committee Recommendation and Tabulation of Votes.................     9
Section-by-Section Analysis......................................     9
Cost and Budgetary Considerations................................    57
Regulatory Impact Evaluation.....................................    58
Congressionally Directed Spending................................    60
Executive Communications.........................................    60
Changes in Existing Law..........................................    60

                         Purpose of the Measure

    The purposes of the measure are to promote the energy 
security of the United States by: promoting the development and 
deployment of clean energy technologies; improving the energy 
efficiency of appliances, equipment, buildings, manufacturing, 
and the electric grid; securing the electric grid against cyber 
attacks; securing petroleum product markets against supply 
disruptions; promoting the development of domestic sources of 
oil and natural gas; demonstrating the large-scale geologic 
storage of industrial sources of carbon dioxide; promoting 
energy innovation and workforce development; and improving the 
regulation of energy markets.

                      Summary of Major Provisions


Title I--Clean energy technology development

    Subtitle A provides federal support to private capital 
markets to finance the deployment of clean energy technologies 
by reforming the Department of Energy's existing loan guarantee 
program under title XVII of the Energy Policy Act of 2005, and 
by establishing a new Clean Energy Deployment Administration 
within the Department of Energy to provide financial support 
through loans, loan guarantees, and other mechanisms to promote 
deployment of clean energy technologies.
    Subtitle B strengthens the Federal Energy Regulatory 
Commission's role in siting interstate electric transmission 
facilities. It establishes a national interstate transmission 
siting policy, directs the Federal Energy Regulatory Commission 
to coordinate regional planning to ensure that regional plans 
are integrated into an interconnection-wide transmission plan 
that achieves the national policy, authorizes the use of 
federal eminent domain authority to acquire rights-of-way 
necessary for high-priority national transmission projects if 
the States are unable or unwilling to provide the necessary 
authorization, and requires the Commission to ensure just and 
reasonable allocation of the cost of high-priority national 
transmission projects.
    Subtitle C establishes a renewable electricity standard 
that requires sellers of electricity to obtain 15 percent of 
their electricity from renewable energy resources or energy 
efficient improvements by 2021.
    Subtitle D provides for an in-depth analysis of the impact 
of energy development and production on the water resources of 
the United States, and of the use of energy in the procurement, 
treatment, and delivery of water.
    Subtitle E promotes the deployment of advanced vehicle 
technologies that reduce petroleum consumption and greenhouse 
gas emissions. It provides financial support to State and local 
governments and other entities to assist in the installation of 
recharging facilities for electric drive vehicles; establishes 
a pilot program to facilitate the purchase or lease of plug-in 
electric vehicles by federal agencies and the installation of 
recharging infrastructure at federal facilities; and calls for 
studies and reports on advanced vehicle technology options, 
standards for electric drive transportation, and end-of-useful 
life options for motor vehicle batteries.

Title II--Enhanced energy efficiency

    Subtitle A promotes greater energy efficiency and 
productivity in commercial and industrial manufacturing by 
establishing a revolving loan program to help deploy 
commercially available technologies and processes that 
significantly reduce energy intensity and improve industrial 
competitiveness. It also strengthens the Department of Energy's 
existing energy-intensive industries program, establishes a new 
sustainable manufacturing initiative, authorizes the Secretary 
to make grants to projects demonstrating industrial 
applications of energy efficient technologies or processes, and 
asks the National Academy of Sciences to study advanced energy 
technology manufacturing capabilities in the United States.
    Subtitle B strengthens energy efficiency standards for 
appliances and equipment. It establishes procedures for people 
to request revisions of test procedures and standards for 
efficiency standards; sets new standards for portable light 
fixtures, certain lamps, and commercial furnaces; establishes a 
rebate program for the purchase of more efficient motors; and 
commissions studies on compliance with appliance standards, the 
use of direct current in certain buildings, and the need for an 
Energy Superstar tier in the Energy Star program.
    Subtitle C improves energy efficiency in residential, 
commercial, and federal buildings. Part I directs the Secretary 
of Energy to update national model building energy codes and 
standards to achieve a 30 percent improvement in energy savings 
by 2010 and a 50 percent improvement by 2016. It also 
authorizes the Secretary to make grants to State or local 
government agencies and nonprofit organizations to increase 
energy efficiency in multifamily buildings and manufactured 
housing, and to institutions of higher education to establish 
building training and assessment centers. Part II reauthorizes 
the Low-Income Weatherization Assistance Program. Part III 
reauthorizes the State Energy Program. Part IV establishes a 
new grant program to enable States to provide grants to 
homeowners to retrofit their homes to make them more energy 
efficient. Part V strengthens Federal renewable energy purchase 
requirements, energy savings performance contract authority, 
and energy efficiency programs. Part VI establishes a voluntary 
energy performance information program to provide energy 
performance information and increase public awareness of the 
importance of building energy efficiency and performance. Part 
VII establishes a residential high performance zero-net-energy 
buildings initiative.
    Subtitle D improves the efficiency of the national electric 
grid by: (1) establishing a national electric system efficiency 
and peak demand reduction goal that can be met through the use 
of smart grid and demand response technologies and practices; 
and (2) requiring the Federal Energy Regulatory Commission to 
establish a national interconnection standard.

Title III--Improved energy security

    Subtitle A enhances the authority of the Secretary of 
Energy and the Federal Energy Regulatory Commission to protect 
the Nation's critical electric infrastructure from cyber 
attacks.
    Subtitle B affirms the importance of nuclear energy to the 
Nation's energy security by: (1) establishing a National 
Commission to find a solution to the nuclear waste problem; (2) 
directing the Secretary of Energy to continue research and 
development on advanced fuel recycling processes; and (3) 
ensuring that any advanced fuel recycling facilities that are 
developed will be subject to licensing and regulation by the 
Nuclear Regulatory Commission and applicable environmental 
protection standards established by the Environmental 
Protection Agency.
    Subtitle C provides for the creation of a 30 million barrel 
petroleum product reserve to protect the Nation from supply 
shortages that may result from hurricanes, earthquakes, and 
other natural disasters, and transfers the authority to draw 
down the Strategic Petroleum Reserve from the President to the 
Secretary of Energy.
    Subtitle D opens the Eastern Gulf of Mexico (including the 
Destin Dome and Pensacola areas, but excluding a buffer zone 
within 45 statute miles of the Florida coast in the remaining 
areas) to leasing for oil and natural gas development, making 
over 3.8 billion barrels of new oil resources and 21.5 trillion 
cubic feet of new natural gas resources available for 
development. In addition, subtitle D ensures that the inventory 
of oil and natural gas resources on the Outer Continental Shelf 
in the Atlantic Region, the Eastern Gulf of Mexico, and the 
Alaska Region, which was authorized by section 357 of the 
Energy Policy Act of 2005, will be funded and conducted, and 
that any information collected on other marine resources will 
be made available. Subtitle D also repeals the royalty relief 
provisions for ultra deep gas wells and deep water production 
in sections 344 and 345 of the Energy Policy Act of 2005; and 
it provides for Senate confirmation of the Director of the 
Minerals Management Service.
    Subtitle E promotes the development of renewable energy 
resources on public lands. It improves permit coordination 
requiring the Secretary of the Interior to establish permit 
processing field offices for renewable energy development in 
each of 12 western states, and it extends authorizations for 
geothermal permit coordination. It requires the Secretary of 
the Interior to prepare a programmatic environmental impact 
statement on solar energy development on land managed by the 
Bureau of Land Management, and the Forest Service to prepare a 
programmatic environmental impact statement on wind and solar 
energy development on National Forest System land. It asks the 
National Academy of Sciences to conduct a study on the siting, 
development, and management of wind and solar energy projects 
on the public lands and National Forest System lands. Finally, 
subtitle E establishes a pilot program under which the 
Secretary of the Interior is to permit the development of two 
sites for solar energy projects and two sites for wind energy 
projects through competitive leasing, rather than granting 
rights-of-way. The subtitle authorizes the Secretary to 
establish a leasing program if, on the basis of the pilot 
program, the Secretary determines that a leasing program 
provides an effective means of developing solar and wind energy 
on public land and is in the public interest.
    Subtitle F establishes a program to demonstrate the large-
scale commercial application of long-term geologic storage of 
carbon dioxide from industrial sources. It authorizes the 
Secretary to enter into cooperative agreements for up to 10 
demonstration projects, and to indemnify the projects against 
liability, up to $10 billion.
    Subtitle G directs the Secretary of Energy to assemble a 
team of experts to provide technical, programmatic, and 
financial assistance to the Commonwealth of Puerto Rico, Guam, 
American Samoa, the Commonwealth of the Northern Mariana 
Islands, the Federated States of Micronesia, the Republic of 
the Marshall Islands, the Republic of Palau, and the United 
States Virgin Islands to develop and implement an energy action 
plan for each island to reduce its reliance on imported fossil 
fuels through increased efficiency and the use of indigenous 
clean-energy resources.

Title IV--Energy innovation and workforce development

    Subtitle A extends the authorizations for energy research, 
development, demonstration, and commercial application 
activities authorized by title IX of the Energy Policy Act of 
2005 for fiscal years 2010 through 2013, doubling the 
authorized level from $3.28 billion for fiscal year 2009 under 
current law to $6.58 billion in fiscal year 2013. Subtitle B 
establishes a Grand Energy Challenges Research Initiative to 
integrate basic and applied energy research programs within the 
Department of Energy. Subtitle C improves various Department of 
Energy research and development programs, including the 
Advanced Research Projects Agency Energy, domestic vehicle 
battery manufacturing research, lightweight materials research 
and development, methane hydrate research and development, low-
Btu gas and helium resources conservation, Arctic energy 
research, development, and deployment, an ultra-deepwater and 
the unconventional natural gas and other petroleum resources 
program. Subtitle D provides a wide array of training programs 
for the energy workforce, and gives the Secretary of Energy 
authority to hire highly qualified scientists, engineers, or 
critical technical personnel and to fix the compensation for 
certain critical positions without regard to certain civil 
service laws. Subtitle E provides support for subsurface 
geosciences and engineering education and training programs. 
Subtitle F strengthens the Secretary of Energy's authority to 
enter into transactions with nontraditional contractors and 
entities, and strengthens the Secretary's marine and 
hydrokinetic renewable energy research and development program.

Title V--Energy markets

    Title V strengthens the Energy Information Administration's 
ability to collect data on the physical holdings of the fifty 
largest oil traders, and on the commercial storage capacity for 
oil and natural gas in the United States. It also establishes a 
Financial Market Analysis Office within EIA, and an interagency 
working group on energy markets to study crude oil and refined 
petroleum product prices and recommend additional statutory 
authority that may be need to oversee and regulate energy 
markets. In addition, title V gives the Federal Energy 
Regulatory Commission authority to issue temporary emergency 
orders to suspend or modify tariff rates, terms, or conditions 
if necessary to protect electric consumers, and to issue cease-
and-desist orders to prevent the manipulation of the electric 
or natural gas markets.

Title VI--Policy studies and reports

    Title VI calls for various policy studies and reports 
assessing helium and potash resources, improving energy policy 
planning, addressing climate change in China and India, 
assessing the risk of ``carbon leakage'' under a cap-and-trade 
program, examining foreign fuel subsidies, assessing renewable 
energy resources, reviewing the efficiency of electric 
generation facilities, evaluating the emissions of alternative 
transportation fuels, and identifying options for reducing 
dependence on foreign oil.

                          Background and Need

    For most of the past 40 years, the principal energy 
challenge facing the United States has been our growing 
dependence on foreign oil. To meet this challenge, our energy 
laws have been primarily written to reduce energy consumption 
and promote domestic sources of supply.
    While dependence on foreign oil remains a major concern, 
the weight of scientific evidence now holds that greenhouse 
gases, particularly carbon dioxide, accumulating in the 
atmosphere are causing average temperatures to rise at a rate 
outside the range of natural variability and are posing a 
substantial risk of rising sea levels, altered patterns of 
atmospheric and oceanic circulation, and increased frequency 
and severity of floods and droughts; that human activity is a 
substantial cause of greenhouse gas accumulation in the 
atmosphere; and that steps are needed to slow or stop the 
growth of greenhouse gas emissions into the atmosphere.
    Energy use is the principal source of man-made carbon 
dioxide emissions. According to the Energy Information 
Administration, fossil fuels supply 85 percent of the primary 
energy used in the United States and account for 98 percent of 
carbon dioxide emissions. Electricity generation consumes 40 
percent of the nation's energy supply, and is responsible for 
40 percent of our carbon dioxide emissions.
    To address the threat of global climate change, we must 
find and develop new sources of energy that do not emit 
greenhouse gases, and we must find and develop new ways of more 
cleanly and efficiently using traditional sources. At the same 
time, we must find and develop new sources of energy to meet 
the demands of an expanding population, a rising standard of 
living, and a robust economy. The challenge before us is to 
develop new, cleaner, and more sustainable sources of energy, 
use those sources far more efficiently, and modernize the 
infrastructure and equipment we use to produce, deliver, and 
consume energy.
    Congress has already taken steps to meet this challenge 
with the enactment of the Energy Policy Act of 2005 and the 
Energy Independence and Security Act of 2007. Five years in the 
making, the Energy Policy Act of 2005 was the first major 
overhaul of the nation's energy laws in over a decade. It 
provided a comprehensive national energy policy that would 
balance domestic energy production with conservation and 
efficiency efforts, enhance our energy security, and decrease 
our dependence on foreign oil. Among other things, it promoted 
energy efficiency, renewable energy, oil and natural gas, clean 
coal, and nuclear energy; it modernized energy markets and gave 
regulators new enforcement powers; it authorized energy 
research and development programs through fiscal year 2009; and 
it created a federal loan guarantee program to help finance 
innovative energy technologies.
    The Energy Independence and Security Act of 2007 built upon 
the Energy Policy Act of 2005. It increased fuel economy 
standards for automobiles, increased the renewable content of 
transportation fuels, improved energy efficiency standards for 
appliances and lighting, promoted building efficiency, 
accelerated research and development of solar, geothermal, 
marine, and hydrokinetic energy, and provided for the large-
scale testing of carbon capture and geologic storage 
technology.
    Events since the enactment of these two laws and experience 
with their implementation have, however, revealed their 
inadequacies and shortcomings. The loan guarantee program 
authorized by title XVII of the Energy Policy Act of 2005, for 
example, was designed to provide financial support for the 
deployment of innovative energy technologies, but has proved 
inadequate for the task, and must be substantially expanded, 
improved, and strengthened as a result. Similarly, the 
transmission siting provisions in title XII of the Energy 
Policy Act of 2005 have proved ineffectual and need to be 
strengthened. The Federal Energy Regulatory Commission has 
asked for additional enforcement tools to implement the 
additional responsibilities assigned to it by the 2005 Act, and 
additional power with which to protect critical electric 
infrastructure from cyber attacks. Progress in demonstrating 
carbon capture and geologic storage under the 2005 and 2007 
statutes has been hampered by liability concerns. 
Authorizations for energy research and development enacted in 
2005 expire this fiscal year and must now be renewed.
    In addition, events since the Energy Independence and 
Security Act was passed two years ago have demonstrated the 
need for additional legislation. Hurricanes Gustave and Ike 
during the summer of 2008 demonstrated the vulnerability of our 
refinery infrastructure. Prices for crude oil, gasoline, and 
diesel fuel set record high levels in the summer of 2008, 
raising new concerns about the role of financial speculation in 
energy markets. President Bush lifted the executive moratorium, 
and Congress lifted the statutory moratorium on oil and natural 
gas development off the Atlantic and Pacific coasts in 2008, 
but the statutory moratorium on development of promising areas 
in the Eastern Gulf of Mexico remains in place.
    For all of these reasons, additional legislation is now 
needed to build on previous enactments, remedy their 
deficiencies, and meet the growing energy challenge that faces 
the nation.

                          Legislative History

    The Committee on Energy and Natural Resources or its Energy 
Subcommittee held 19 hearings on measures or matters relating 
to the American Clean Energy Leadership Act between January 8 
and May 14, 2009. At these hearings, the Committee received 
testimony on:
           Current energy security challenges (Full 
        Committee, January 8, 2009)
           Draft Renewable Electricity Standard (Full 
        Committee, February 10, 2009)
           The Department of Energy's loan guarantee 
        program (Full Committee, February 12, 2009)
           Reducing energy consumption in buildings 
        (Full Committee, February 26, 2009)
           Smart grid initiatives and technologies 
        (Full Committee, March 3, 2009)
           Draft legislation on energy research and 
        development (Full Committee, March 5, 2009)
           S. 531, the Energy and Water Integration Act 
        of 2009 (Full Committee, March 10, 2009)
           Draft legislation on siting electric 
        transmission lines (Full Committee, March 12, 2009)
           Energy development on public lands and the 
        Outer Continental Shelf (Full Committee, March 17, 
        2009)
           Nuclear energy development (Full Committee, 
        March 18, 2009)
           S. 598, the Appliance Standards Improvement 
        Act of 2009 (Full Committee, March 19, 2009)
           Energy market transparency and regulation 
        (including draft legislation which was included in S. 
        672, the Natural Gas and Electricity Review and 
        Enforcement Act) (Energy Subcommittee, March 25, 2009)
           S. 661, Restoring America's Manufacturing 
        Leadership through Energy Efficiency Act of 2009 (Full 
        Committee, March 26, 2009)
           S. 548, Save America Energy Act (Full 
        Committee, April 22, 2009)
           S. 949, 21st Century Energy Technology 
        Deployment Act (Full Committee, April 28, 2009)
           Draft legislation on cyber security and 
        critical electricity infrastructure (Full Committee, 
        May 7, 2009)
           Net metering and distributed generation 
        (Energy Subcommittee, May 7, 2009)
           S. 967, Strategic Petroleum Reserve 
        Modernization Act of 2009, and S. 283 (Full Committee, 
        May 12, 2009)
           S. 1013, Department of Energy Carbon Capture 
        and Sequestration Program Amendments Act of 2009 (Full 
        Committee, May 14, 2009).
    The text of the American Clean Energy Leadership Act was 
drawn from 6 bills introduced by the Chairman, 3 of which were 
cosponsored by the Ranking Republican Member, and 9 chairman's 
marks. The 6 bills introduced were:
           S. 531, the Energy and Water Integration Act 
        of 2009, introduced by Mr. Bingaman for himself and Ms. 
        Murkowski on March 5, 2009, which became subtitle D of 
        title I;
           S. 598, the Appliance Standards Improvement 
        Act of 2009, introduced by Mr. Bingaman for himself and 
        Ms. Murkowski on March 16, 2009, which became subtitle 
        B of title II;
           S. 661, the Restoring America's 
        Manufacturing Leadership through Energy Efficiency Act 
        of 2009, introduced by Mr. Bingaman for himself, Ms. 
        Collins, Ms. Stabenow, Ms. Snowe, Mr. Bayh, Mr. Brown, 
        and Mr. Pryor on March 19, 2009, which became subtitle 
        A of title II;
           S. 949, 21st Century Energy Technology 
        Development Act, introduced by Mr. Bingaman for 
        himself, Ms. Murkowski, Mr. Dorgan, Mr. Voinovich, Ms. 
        Stabenow, Mr. Lugar, and Ms. Shaheen on April 30, 2009, 
        which became subtitle A of title I;
           S. 967, the Strategic Petroleum Reserve 
        Modernization Act of 2009, introduced by Mr. Bingaman 
        on May 4, 2009, which became subtitle C of title III; 
        and
           S. 1013, the Department of Energy Carbon 
        Capture and Sequestration Program Amendments Act of 
        2009, introduced by Mr. Bingaman for himself, Mr. 
        Barrasso, Mr. Dorgan, Mr. Tester, Mr. Bayh, Ms. 
        Landrieu, Mr. Casey, and Mr. Voinovich on May 7, 2009, 
        which became subtitle F of title III.
    The nine chairman's marks were on: energy innovation and 
workforce; siting of interstate electric transmission 
facilities; nuclear waste management; cyber security; building 
efficiency; federal oil and natural gas development; renewable 
energy development on public lands; energy markets; and policy 
studies and reports.
    The Committee marked up the bill in 11 open business 
meetings on March 31, May 6, May 13, May 14, May 19, May 21, 
June 4, June 9, June 11, June 16, and June 17, 2009. The 
Committee considered 219 filed amendments (or divisions 
thereof), adopted 100, rejected 33, and 86 were either 
withdrawn or not offered. On June 17, the Committee ordered the 
legislation, as amended, favorably reported as an original 
bill.

            Committee Recommendation and Tabulation of Votes

    The Senate Committee on Energy and Natural Resources, in 
open business session on June 17, by majority vote of a quorum 
present, recommends that the Senate pass an original bill, as 
described herein.
    The rollcall vote on reporting the measure was 15 yeas, 8 
nays, as follows:
        YEAS                          NAYS
Mr. Bingaman                        Ms. Landrieu
Mr. Dorgan*                         Mr. Menendez
Mr. Wyden*                          Mr. Burr*
Mr. Johnson*                        Mr. Barrasso
Ms. Cantwell                        Mr. Risch
Mrs. Lincoln*                       Mr. McCain*
Mr. Sanders*                        Mr. Bennett*
Mr. Bayh                            Mr. Bunning
Ms. Stabenow*
Mr. Udall
Ms. Shaheen
Ms. Murkowski
Mr. Brownback
Mr. Sessions*
Mr. Corker

    * Indicates voting by proxy.

                      Section-by-Section Analysis


Section 1. Short title; Table of contents

    Section 1 provides a short title and table of contents.

Section 2. Definition of Secretary

    Section 2 defines ``Secretary'' as the Secretary of Energy.

              TITLE I--CLEAN ENERGY TECHNOLOGY DEPLOYMENT

                   SUBTITLE A--CLEAN ENERGY FINANCING

Section 101. Purpose

    Section 101 states the purpose of subtitle A.

Section 102. Definitions

    Section 102 defines terms used in the subtitle. The 
Committee notes that under section 102(5)(A), pipelines that 
replace freight hauling may qualify as a ``clean energy 
technology'' if the pipeline reduces the need for additional 
energy supplies by transporting energy with greater 
effectiveness.

Section 103. Improvements to existing programs

    Section 103 makes improvements in the loan guarantee 
program established by title XVII of the Energy Policy Act of 
2005.
    Subsection (a)(1) establishes the ``Clean Energy Investment 
Fund'' as a revolving fund in the Treasury for the 
administrative expenses needed to carry out title XVII of the 
Energy Policy Act of 2005. The Fund is intended to make the 
program stable over the long term and limit the need for annual 
appropriations. Subsection (a)(2)(A) makes amounts in the Fund 
available without fiscal year limitation. Subsection (a)(2)(B) 
allows up to 1.5 percent of the Fund to be used for 
administrative expenses. Subsection (a)(3) allows amounts 
collected that are not associated with the cash flows of 
lending activities, as defined under the Federal Credit Reform 
Act of 1990 (``FCRA''), to be used to support activities under 
title XVII.
    Subsection (b)(1) amends the definition of ``commercial 
technology'' in section 1701(1) of the Energy Policy Act of 
2005 to make it clear that a demonstration project or provision 
of a loan guarantee to a commercial-scale project does not 
foreclose a loan guarantee to another project or a similar 
technology.
    Subsection (b)(2) amends section 1702(b) of the Energy 
Policy Act of 2005 to allow use of balances in the revolving 
fund to cover the cost of a loan guarantee, and to allow any 
combination of balances in the revolving fund or payments by 
the borrower to cover the cost of a loan guarantee. Paragraph 
(2) also waives section 504(b) of FCRA, eliminating the 
requirement for new budgetary authority to support loan 
guarantees and instead allowing balances in the fund to cover 
the cost of loan guarantees.
    Subsection (b)(3) amends section 1702(g)(2) of the Energy 
Policy Act of 2005 to allow the Secretary of Energy to take a 
less than first lien priority against project assets. 
Subsection (b)(3) is intended to allow pari passu financing, or 
arrangements where the Secretary takes an equal lien position 
with other lenders in collateral that would give sufficient 
security to the United States.
    Subsection (b)(4) amends section 1702(h) of the Energy 
Policy Act of 2005 to require the Secretary to deposit fees 
collected under that section in the Clean Energy Investment 
Fund, and to provide discretion to the Secretary to adjust the 
amount or manner of collection of fees in order to allow for 
broader availability of loan guarantees. Section 1702(h)(4) is 
meant to ensure that only actual administrative costs for a 
given project are retained in the circumstance where a 
conditional commitment has been entered into but final 
financial close does not occur. Section 1702(h)(5) gives the 
Secretary discretion to waive requirements for an initial 
credit report from an applicant if it will not materially aid 
the process of determining the risks or the costs to the 
applicant of the support. In such a circumstance, the credit 
report may be an unnecessary added cost that would only serve 
to disadvantage smaller companies while not providing any 
material security to the taxpayer.
    Subsection (b)(5) adds a new subsection (k) to section 1702 
of the Energy Policy Act of 2005. The new subsection instructs 
the Secretary to consolidate reviews such as environmental, 
credit, or due diligence reviews, to the maximum extent 
consistent with sound business practices, with a target 
completion of processing within 6 months of submission of a 
completed application.
    Subsection (b)(6) amends section 1705(c) of the Energy 
Policy Act of 2005 to expand the application of the wage 
requirements to all of title XVII.

Section 104. Energy technology deployment goals

    Section 104(a) requires the Secretary, after consultation 
with the Energy Technology Advisory Council, to develop goals 
for the deployment of clean energy technologies and translate 
the goals into short and long-term numerical targets for 
technology deployment in order to allow the performance of the 
agency to be judged.
    Subsection (b) directs the Secretary to revise the goals 
established under subsection (a), from time to time as 
appropriate, to account for advances in technology and changes 
in energy policy.

Section 105. Clean Energy Deployment Administration

    Section 105(a)(1) establishes the Clean Energy Deployment 
Administration (Administration) within the Department of 
Energy, under the direction of an administrator and a board of 
directors. Paragraph (2) provides the Administration 
substantial independence within the Department. Paragraph 
(2)(A) exempts the Administration from line reporting authority 
within the Department, and subparagraph (B) exempts it from the 
Secretary's reorganization authority under section 643 of the 
Department of Energy Organization Act. Subparagraph (C) creates 
a new Inspector General for the Administration.
    Subsection (b) creates the position of Administrator to 
direct the Administration and sets out the duties of the 
Administrator. Among other things, subsection (b)(2) directs 
the Administrator to enhance, but not displace, private 
markets, and to promote a self-sustaining portfolio of 
investments.
    Subsection (c) creates a Board of Directors to oversee the 
Administration.
    Subsection (d) creates an Energy Technology Advisory 
Council to advise the Administration on technical matters. It 
directs the Council to create a methodology for assessing the 
technologies to allow for a dollar efficiency comparison of 
proposed projects.
    Subsection (e) provides the staffing authorities of the 
Administrator.

Section 106. Administration functions

    Section 106(a)(1)(A) creates a direct support unit to issue 
loans, loan guarantees, letters of credit, insurance products, 
or other financial instruments to projects employing clean 
energy technologies. Subparagraph (B) establishes criteria for 
awarding support to projects. Subparagraph (C) establishes how 
the Administration is to account for risk in pursuing 
investments. The expected loan loss reserve provides an 
internal mechanism for balancing risks and returns in the 
portfolio of investments by the Administration. Although all of 
the funds in the Clean Energy Investment Fund are available for 
support activities, the loan loss reserve allows for the 
establishment of lending targets that will meet the statutory 
goals and guide the collection of fees or other compensation in 
order to allow for the long term financial self-sufficiency of 
the Administration. Subparagraph (D) directs the Administration 
to consolidate reviews. Subparagraph (E) applies the prevailing 
wage standards of the Davis-Bacon Act to direct support 
activities.
    Subsection (a)(2) creates the indirect support unit to 
focus on financial products designed to leverage private sector 
participation in providing for widespread deployment of clean 
energy technologies. This unit will support financial products 
for the deployment of clean energy technologies through 
indirect support or aggregation of private debt into more 
marketable products. Subparagraph (B) gives particular guidance 
to develop the financial support structures necessary to 
achieve widespread, affordable financing for clean energy 
technology deployments on a residential and commercial scale. 
Subparagraph (D) allows the Administrator to establish 
classifications and pricing structures for sellers of or those 
who service clean energy technology debt so that transactions 
through such partners will be transparent and efficient. 
Subparagraph (F) allows the Administration to issue securities 
based on the debt it holds, either through acquisition or 
issuance. Subparagraph (G) provides the guiding objectives of 
the operations authorized by subparagraph (F).

Section 107. Federal credit authority

    Section 107(a) defines the conditions for a transfer of 
functions of the title XVII loan guarantee program and 
authority over the Clean Energy Investment Fund. Effective upon 
enactment, the Administrator may use up to 1.5 percent of 
amounts in the Fund for expenses of the Administration. Upon 
transfer of functions and authority, a direct appropriation of 
$10 billion will be transferred to the Fund.
    Subsection (b) makes clear that all liabilities incurred by 
the Administration are to be handled in accordance with the 
FCRA and discharged from the appropriate credit account or the 
Fund, as appropriate.
    Subsection (c) sets out the treatment of fees, distinct 
from FCRA-associated costs and cash flows, and allows them to 
be retained in the fund for further use. The Administration is 
to reduce, to the extent compatible with sound business 
practices, the fees charged for breakthrough technologies in 
order to encourage the development of those technologies. In 
order to compensate the Fund for reduced fees or initial 
subsidies of technologies, the Administration may use 
alternative fee arrangements as described in (c)(4) in lieu of 
cash transactions in order to sufficiently compensate the fund 
for risks.
    Subsection (d) clarifies further that ``costs'' as defined 
under FCRA are treated according to the requirements of FCRA.
    Subsection (e) sets out a means for acquiring temporary 
liquidity to support secondary market activities described in 
the indirect support section.
    Subsection (f) authorizes the issuance of debt to support 
the activity authorized in subsection (e).
    Subsection (g) limits the total outstanding amount of debt 
issued under subsection (f) to $2,000,000,000.
    Subsection (h) requires an obligation to yield an 
appropriate rate of return, as determined by the Secretary of 
the Treasury.
    Subsection (i) authorizes the Secretary of the Treasury to 
sell obligations acquired under section 107.
    Subsection (j) provides that all redemptions, purchases, 
and sales under section 107 are to be treated as public debt 
transactions of the United States.

Section 108. General provisions

    Section 108 contains general authorities governing the 
operation of the Administration.

                SUBTITLE B--IMPROVED TRANSMISSION SITING

Section 121. Siting of interstate electric transmission facilities

    Section 121 repeals the existing text of section 216 of the 
Federal Power Act (16 U.S.C. 824p), as added by section 1221 of 
the Energy Policy Act of 2005, and replaces it with new 
language.
    Section 216(a), as amended, establishes the policy that the 
national interstate transmission system should be guided by the 
following goals: support for development of renewable 
generation; opportunities for reduced emissions; resulting cost 
savings; diversification of risk; enhancement of competition 
and mitigation of market power; ability to collocate facilities 
on existing rights-of-way; competing land use priorities; the 
needs of load-serving entities; and the contribution of demand 
response, energy efficiency and distributed generation.
    Section 216(b), as amended, defines key terms used in 
section 216.
    Section 216(c), as amended, requires the Federal Energy 
Regulatory Commission to coordinate regional planning to ensure 
that regional plans are integrated into an Interconnection-wide 
transmission plan with respect to high-priority national 
transmission projects that achieve the policy under subsection 
(a). Paragraph (2) directs the Commission to publish, within 
180 days after the date of enactment, a rule to embody the 
policy goals and develop national electricity grid planning 
principles pursuant to that policy. Paragraph (3) provides that 
utilities, transmission organizations, regional entities, or 
other multistate entities or organizations may develop a 
regional plan that is consistent with the planning principles 
established by the Commission. Utilities that do not 
participate in the development of regional plans under this 
subsection must develop a plan that is consistent with the 
planning principles. Plans must be submitted to the Commission 
within 2 years of the date of enactment. The Commission may 
require modification of a plan to reconcile inconsistencies 
among plans or to achieve the policy goals under subsection 
(a).
    Section 216(d), as amended, authorizes the Commission to 
designate high priority national transmission projects and 
delineates state and Federal roles in the siting of high-
priority national transmission projects.
    Section 216(e), as amended, establishes the process for 
application for a certificate of public convenience and 
necessity for construction of a high-priority national 
transmission project. Paragraph (2) establishes criteria that 
the Commission must apply to grant such a certificate, allows 
the Commission to attach such reasonable terms and conditions 
to the issuance of a certificate as the public convenience and 
necessity may require, and clarifies that the Commission should 
use prior state work as appropriate in reviewing an 
application. Paragraph (3) allows the holder of a certificate, 
if he is unable to acquire by contract or agreement with a 
property owner on compensation for necessary rights-of-way, to 
exercise the right of eminent domain in the United States 
district court for the district in which the property is 
located or in a state court. Paragraph (4) allows state and 
tribal governments to recommend mitigation measures based on 
habitat protection, environmental considerations or cultural 
site protection considerations. Paragraph (5) clarifies that an 
applicant receiving a certificate shall not require a separate 
state or local authorization. Paragraph (6) requires 
certificate holders to comply with Federal law regarding 
obtaining rights-of-way on Indian lands.
    Section 216(f), as amended, provides for the coordination 
of Federal authorizations for transmission facilities. 
Paragraph (1) defines ``Federal authorization.'' Paragraph (2) 
provides that the Secretary of the Interior shall act as lead 
agency for coordinating Federal authorizations in cases where 
projects are on both Department of the Interior lands and other 
Federal lands. Paragraph (3) directs the Secretary of the 
Interior to coordinate Federal authorizations and reviews with 
the Commission, Indian tribes, state agencies and multistate 
entities. Paragraph (4) directs the Secretary of the Interior 
to establish milestones and deadlines for reviews and 
authorizations under Federal law, as well as provide for a 
preapplication mechanism to expedite processes. Paragraph 
(5)(A) directs the Secretary of the Interior to prepare a 
single environmental review document to be used as the basis 
for all decisions relating to the proposed project under 
Federal law. Paragraph (5)(B) requires the Secretaries of the 
Interior and Agriculture to streamline review and permitting 
within corridors designated under section 503 of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1763) or 
section 368 of the Energy Policy Act of 2005 (42 U.S.C. 15926). 
Paragraph (6) provides that in cases where a Federal agency has 
denied an application or failed to act by a deadline, the 
applicant, or a state within which a project is located, may 
appeal to the President to approve or deny the application. 
Paragraph (7) delineates Federal lands in which the 
Presidential appeal does not apply. Paragraph (8) requires 
agencies, to the maximum extent practicable, to use corridors 
designated under section 368 of the Energy Policy Act of 2007 
(42 U.S.C. 15926) and to designate new corridors when unable to 
do so. Paragraph (9) describes duration of authorizations and 
conditions for renewals. Paragraph (10) requires the Secretary 
of Energy and the Commission to consult regularly with electric 
reliability organizations, transmission organizations, 
transmission owners and users, and other interested parties. 
Paragraph (11) prescribes implementation of the subsection.
    Section 216(g), as amended, requires the Commission to 
evaluate whether high-priority national transmission projects 
are being constructed in accordance with plans under this 
section, to take necessary actions, pursuant to applicable law, 
to address identified obstacles, and to make recommendations to 
Congress for further actions or authorities needed.
    Section 216(h), as amended, requires the Secretary to 
report to Congress recommendations for further actions or 
authority needed to ensure development of demand response, 
energy storage, distributed generation, energy efficiency, and 
other areas necessary to carry out the stated policy.
    Section 216(i), as amended, requires the Commission to 
develop appropriate methodologies for allocation of costs of 
high-priority national transmission projects, delineates cost 
allocation criteria, and requires the Commission to develop a 
methodology for collecting costs and distributing revenues to 
transmission owners.
    Section 216(j), as amended, preserves, except as explicitly 
provided, Federal and State laws.
    Section 216(k), as amended, expresses the policy of the 
United States regarding long-term transmission rights for load-
serving entities to support generation investment.
    Section 216(l) requires the Secretary to conduct 
assessments to identify areas with significant potential for 
development of location-constrained resources.
    Section 216(m) requires the Secretary to submit studies of 
electric transmission congestion to Congress and defines the 
schedule for doing so.
    Section 216(n) delineates entities subject to the authority 
of the Commission to approve transmission plans and allocate 
costs, preserves approvals for pending projects, and excludes 
Alaska, Hawaii, and the Electric Reliability Council of Texas 
from the operation of the section 216, unless the State or 
Council elects to participate in a cost allocation plan under 
the section.

           SUBTITLE C--FEDERAL RENEWABLE ELECTRICITY STANDARD

Section 131. Sense of the Congress on renewable energy and energy 
        efficiency

    Section 131 expresses the sense of Congress that the 
Federal Government should continue to support the use and 
expansion of renewable energy and energy efficiency.

Section 132. Federal renewable electricity standard

    Section 132 adds a new section 610 to Title VI of the 
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 
et seq.).
    Section 610(a) defines key terms used in section 610.
    Section 610(b)(1) requires retail sellers of electricity to 
obtain the following percentages of their electricity in any 
calendar year from renewable energy or from energy efficiency:

        Year                                                     Percent
2011-2013.........................................................     3
2014-2016.........................................................     6
2017-2018.........................................................     9
2019-2020.........................................................    12
2021-2039.........................................................    15

    Section 610(b)(2) provides that electricity utilities may 
comply with the requirement of paragraph (1) by submitting 
renewable energy credits to the Secretary, submitting energy 
efficiency credits up to 26.67 percent of the requirement to 
the Secretary, making alternative compliance payments to the 
Secretary, or any combination of the above. Paragraph (3) 
directs Secretary of Energy to prescribe a reasonable phase-in 
of requirements for utilities that become subject to the 
requirement on or after January 1, 2013.
    Section 610(c)(1) requires the Secretary to establish a 
federal renewable energy credit trading program and a Federal 
energy efficiency credit trading program. Paragraph (2) 
describes the program for issuing of credits by the Secretary. 
Paragraph (3) allows credits to be used for three years from 
the date of issuance. Paragraph (4) allows utilities to 
transfer excess credits to affiliates. Paragraph (5) allows the 
Secretary to delegate to an appropriate market-making entity 
the administration of national markets for federal renewable 
energy credits and for federal energy efficiency credits, and 
to regional entities to track the dispatch of renewable 
generation.
    Section 610(d)(1) provides for civil penalties for electric 
utilities that fail to meet the requirements of subsection (b). 
Paragraph (2) defines the amount of the penalties. Paragraph 
(3) authorizes the Secretary to mitigate or waive penalties and 
to provide waivers or variances from the requirements. 
Paragraph (4) requires the Secretary to assess civil penalties 
in accordance with procedures prescribed by section 333(d) of 
the Energy Policy and Conservation Act (42 U.S.C. 6303(d)).
    Section 610(e)(1) allows electric utilities to comply by 
making alternative compliance payments in lieu of submitting 
credits in accordance with regulations prescribed by the 
Secretary. Paragraph (2) requires that payments be made 
directly to the State in which the utility is located, if the 
payments are made into a state fund within the treasury of the 
State for use in accordance with paragraph 3. Paragraph (3) 
allows the Governor of the State to expend amounts solely for 
the purposes of increasing the quantity of electric energy from 
a renewable resource in the State, including nuclear and 
advanced coal technologies; promoting deployment and use of 
electric drive vehicles; and offsetting the costs of compliance 
paid by electric consumers in the State through direct grants 
to electric consumers or energy efficiency investments. 
Paragraph (4) authorizes the Secretary to require the Governor 
to keep such accounts and records and furnish information as 
the Secretary determines are necessary to determine compliance 
with this subsection.
    Section 610(f)(1) provides that electric utilities that 
sell less than 4,000,000 megawatt hours of electric energy per 
year to retail consumers are exempt, as are those in Hawaii.
    Section 610(g) directs the Secretary to adjust the amount 
of the alternative compliance payment for inflation.
    Section 610(h)(1) clarifies that this section does not 
diminish the right of any State to adopt or enforce any law or 
regulation respecting renewable energy or energy efficiency, or 
to regulate electric utilities. Paragraph (2) clarifies that no 
State law relieves any person of any requirement under this 
section. Paragraph (3) requires the Secretary to coordinate 
with State programs, to the maximum extent practicable. 
Paragraph (4) requires the Secretary to issue regulations to 
ensure appropriate issuance of Federal credits in cases where 
States have renewable energy requirements, to the extent that 
the State programs result in generation of renewable energy. 
The Secretary also must ensure that renewable energy credits 
issued pursuant to this subsection shall not be used for 
compliance with this section more than once.
    Section 610(i)(1) defines key terms used in this 
subsection. Paragraph (2) requires the Secretary, when 
petitioned by the Governor of a State or, in the case of the 
Tennessee Valley Authority, the Board of Directors, to allow up 
to 26.67 percent of the requirement under subsection (b) to be 
met by submitting Federal energy efficiency credits. Paragraph 
(3) delineates circumstances under which the Secretary may 
issue Federal energy efficiency credits. Paragraph (4) requires 
the Secretary to issue regulations regarding measurement and 
verification of electricity savings under this subsection. 
Paragraph (5) requires the Secretary to issue regulations by 
which the increment of electricity output of new combined heat 
and power systems shall be considered electricity savings under 
this subsection.
    Section 610(j) clarifies that the provisions of this 
section relating to biomass shall be administered in accordance 
with section 203(e) of the Energy Policy Act of 2005, as added 
by section 133(2) of the Act.
    Section 610(k) provides for loans to electric utilities to 
carry out the purposes of this section.
    Section 610(l) directs the Secretary, not later than 
January 15, 2015, and every five years thereafter, to review 
and make recommendations to Congress on the program.
    Section 610(m) directs the Secretary to prescribe 
regulations implementing the section.
    Section 610(n) terminates authority under section 610 on 
December 31, 2039.
    Section 610(o) makes a conforming amendment to the table of 
contents of the Public Utility Regulatory Policies Act of 1978.

Section 133. Federal purchase requirement amendment

    Section 133(1) amends the definition of ``biomass'' in 
section 203(b)(1) and the definition of ``renewable energy'' in 
section 203(b)(2) of the Energy Policy Act of 2005, and adds 
definitions for 6 additional terms.
    Section 203(b)(1), as amended, defines the term ``biomass'' 
by specifying types of nonhazardous organic materials. 
Subparagraphs (A) through (H) specify types of materials that 
qualify under the definition without regard to the ownership of 
the land from which they are harvested or removed. 
Subparagraphs (I) and (J) specify additional types of materials 
that qualify under the definition if harvested from certain 
non-Federal or Indian land, and subparagraph (K) specifies 
additional qualifying materials harvested from certain Federal 
land. The Committee did not include biomass that is hazardous 
or that is contaminated with hazardous materials or organisms 
because of the risks to human health and the environment that 
are associated with transporting, storing, and converting such 
materials to electricity. Nothing in the definition of 
``biomass'' (or the federal purchase requirement) prohibits or 
expands the authority of landowners to cultivate, harvest, or 
sell biomass, nor does it prohibit the production of 
electricity from organic materials that do not qualify as 
``biomass'' under this definition. However, electricity 
produced from biomass only qualifies for purposes of meeting 
the purchase requirement if it falls within the definition.
    Subparagraph (A) includes as ``biomass'' residues and 
byproducts from milled logs, such as bark, trimmings, sawdust, 
and black liquor, for example.
    Subparagraph (B) includes wood, paper products that are not 
commonly recyclable, and vegetation that is diverted from a 
municipal waste stream or separated from other waste out of a 
municipal waste stream. Wood, vegetation, and paper products do 
not qualify under this subparagraph if they would not otherwise 
be actively disposed of as municipal waste.
    Subparagraph (C) includes hazard trees, trimmings, and 
brush that are necessary to remove in order to maintain a 
utility right-of-way or a public road (not including any 
unpaved road within Federal land).
    Subparagraph (D) includes trees, trimmings, and brush 
harvested from the immediate vicinity of any building, 
campground, or other structure in wildfire prone areas to 
reduce the risk to the structure or campground or to human life 
from wildfires.
    Subparagraph (E) includes alien species whose introduction 
does or is likely to cause economic or environmental harm or 
harm to human health if they are removed in an effort to 
control or eradicate the invasive species. Invasive species 
that are cultivated as an energy crop, for example, would not 
qualify under this subparagraph.
    Subparagraph (F) includes animal waste (including sewage) 
and animal byproducts, including solids produced by micro-
organisms and biogas that are derived from such waste.
    Subparagraphs (G) and (H) include food waste and algae, 
respectively.
    Subparagraph (I) includes vegetation that is harvested from 
non-Federal forest land or Indian forest land. On the date of 
enactment, vegetation from all non-Federal and Indian forest 
land is eligible (with certain restrictions regarding land 
identified as ``conservation forest land''). However, 
vegetation from non-Federal and Indian forest land that is 
converted from a naturally regenerated forest to planted forest 
land after the date of enactment is not included in this 
provision (unless it was planted for the purpose of restoring a 
naturally regenerated forest). Vegetation that is harvested 
from planted forest land that--on the date of enactment--is 
managed as cropland, pastureland, or planted forest land is 
included under clause (ii).
    Subparagraph (J) includes crops, crop byproducts, and crop 
residues from non-forested non-Federal land and Indian land 
that--on the date of enactment--is cultivated as cropland or 
pastureland.
    Subparagraph (K) includes certain vegetation from most 
Federal land managed by the Forest Service and Bureau of Land 
Management. In general, the provisions of subparagraph (K) are 
intended to focus incentives on the materials that are 
appropriately removed from public lands to improve forest 
health and currently cannot be utilized economically (and, 
therefore, do not compete with higher-value products like 
lumber, for example). Nothing in the definition of ``biomass'' 
either restricts or expands existing land management 
authorities, and this subparagraph includes a provision that 
emphasizes that any vegetation from Federal land must be 
harvested in accordance with applicable law and land management 
plans to qualify under the definition.
    Subparagraph (K)(i) includes slash, the residue left on the 
ground after logging (including a commercial timber sale) or 
accumulating on the ground as a result of storms, wildfires, 
girdling, or delimbing. Clause (ii) includes certain brush and 
trees that are byproducts of ecological restoration, disease or 
insect infestation control, or hazardous fuels reduction 
treatments. Specifically, subclause (I) includes brush and 
trees that do not meet the utilization standards for sawtimber 
that are byproducts of such treatments if they are from stands 
that were killed by an insect or disease epidemic or a natural 
disaster. Utilization standards for sawtimber generally include 
a component of minimum quality and minimum size. Under 
subclause (I), trees that are larger than the minimum size 
standard for sawtimber may nevertheless qualify as ``biomass'' 
if they do not meet the minimum quality standard. Under 
subclause (II), brush and trees that do not exceed the minimum 
size standards for sawtimber also are included in the 
definition of ``biomass'' if they are byproducts of such 
treatment. In all other cases, trees that are harvested from 
Federal land and that exceed the applicable minimum size 
standard for sawtimber are not included under subparagraph (K).
    Section 203(b)(2), as amended, defines the term 
``conservation forest land.'' Under the definition of 
``biomass'' in paragraph (1)(I)(i)(III), vegetation from non-
Federal or Indian land that is--at the time of harvest--
identified as ``conservation forest land'' qualifies as 
``biomass'' so long as the vegetation is ``harvested in 
quantities and through practices that maintain or contribute 
toward the restoration of the species, ecological systems, and 
ecological communities for which the conservation forest land 
was identified.'' Subparagraph (A) defines ``conservation 
forest land'' in a manner that is consistent with the 
conservation status ranks used by the State Natural Heritage 
Program, but places the responsibility for identifying such 
lands only with appropriate governmental entities, as provided 
by subparagraph (B).
    Subparagraph (B)(iii) states that conservation forest land 
may be identified by the Secretary of Agriculture or the 
Secretary of the Interior if done in consultation with the 
appropriate State or Indian tribe. The Committee contemplates 
that States and Tribes would take the lead role in carrying out 
the task of identifying conservation forest land (as provided 
for by clauses (i) and (ii)), but nothing in this Act requires 
States or Tribes to do so or subjects them to any kind of 
enforcement action if they do not. Accordingly, as an 
alternative to State or Tribal identification under clauses (i) 
and (ii), clause (iii) provides authority for either Secretary 
to do so, but emphasizes that the Secretaries may only identify 
conservation forest land if they do so in consultation with the 
appropriate State or Tribe.
    Subparagraph (C) removes an incentive to carry out land 
management practices on land identified as conservation forest 
land that would contribute to the elimination of the 
conservation values for which it was identified in order to 
remove the land from conservation forest land status. 
Accordingly, it prohibits removing land from conservation 
forest land status as a result of such actions.
    Section 203(b)(3), as amended, defines the term ``Federal 
land'' as National Forest System land and public lands 
administered by the Bureau of Land Management. Some of these 
lands are excluded from the definition by subparagraph (B), 
including National Conservation Areas, National Monuments, 
National Trails, Wild and Scenic Rivers, Wilderness Areas, and 
other areas designated by Congress to be administered for 
conservation purposes. Vegetation harvested from old growth and 
late-successional forest stands also is excluded from the 
provisions of section 203(b)(1)(K) unless the restrictions in 
clause (ii) of this subparagraph are met.
    Paragraphs (4), (5), and (6) of section 203(b), as amended, 
define ``Indian land,'' ``Indian Tribe,'' and ``Non-Federal 
land.''
    Section 203(b)(7) defines ``renewable energy'' to include 
thermal, as well as electric energy, produced from renewable 
sources.
    Section 203(b)(8) defines ``Secretary concerned.''
    Section 133(2) of the bill adds a new subsection (e) to the 
end of section 203 of the Energy Policy Act of 2005 (42 U.S.C. 
15852). The new subsection (e)(1) delegates authority to 
administer the provisions of the purchase requirement that 
relate to the harvesting of ``biomass'' from Federal land and 
all forest land to either the Secretary of Agriculture or the 
Secretary of the Interior. The new subsection (e)(2) directs 
the Secretary of Energy to periodically conduct a study based 
on the best available science to assess certain impacts of 
biomass harvesting for energy production (including electric, 
fuel, and thermal energy production) and to provide appropriate 
recommendations to reduce such impacts.

                SUBTITLE D--ENERGY AND WATER INTEGRATION

Section 141. Energy water nexus study

    Section 141(a) requires the Secretary of Energy, in 
consultation with others, to enter into an arrangement with the 
National Academy of Sciences to conduct a study to assess the 
impact of energy development and production on the water 
resources of the United States.
    Subsection (b) requires the study to assess the amount of 
water used to produce transportation fuels, the amount of water 
used to produce electricity using various types of generation, 
and additional impacts on water from mining and transporting 
fuel sources.
    Subsection (c) directs the National Academy of Sciences to 
report the results of its study to the Secretary within 18 
months of enactment of the Act.
    Subsection (d) directs the National Academy of Sciences to 
make the results of its study available to the public.
    Subsection (e) authorizes the appropriations necessary to 
carry out the section.

Section 142. Power plant water and energy efficiency

    Section 142(a) requires the Secretary, in consultation with 
others, to conduct a study to identify best available 
technologies and other strategies to maximize water and energy 
efficiency in generating electricity.
    Subsection (b) specifies the generation types to be 
included in the study.
    Subsection (c) specifies the timing and content of a report 
to Congress.
    Subsection (d) authorizes the appropriations necessary to 
carry out the section.

Section 143. Reclamation water conservation and energy savings study

    Section 143(a) defines key terms used in the section.
    Subsection (b) requires the Secretary of the Interior, 
acting through the Commissioner of Reclamation, to conduct a 
study evaluating the energy used in storing and delivering 
water from Bureau of Reclamation projects, and to identify ways 
to reduce such use through conservation, improved operations, 
and renewable energy integration.
    Subsection (c) directs the Secretary to submit to Congress 
a report containing the results of the study within 18 months 
of enactment of the Act.
    Subsection (d) authorizes the appropriations necessary to 
carry out the section.

Section 144. Brackish groundwater national desalination research 
        facility

    Section 144(a) defines key terms used in the section.
    Subsection (b) directs the Secretary of the Interior to 
operate, manage, and maintain the Brackish Groundwater National 
Desalination Research Facility.
    Subsection (c) specifies the objectives of the Facility and 
the activities to be conducted at the Facility, including the 
prioritization to develop renewable energy technologies for 
integration with desalination activities.
    Subsection (d) provides the Secretary a broad range of 
specified authorities to carry out the section.
    Section 144(e) authorizes the appropriations necessary to 
carry out the section.

Section 145. Enhanced information on water-related energy consumption

    Section 145 amends the Department of Energy Organization 
Act to require the Secretary of Energy, acting through the 
Administrator of the Energy Information Administration, to 
continually report on the energy used in procuring, treating, 
and delivering water.

Section 146. Energy-Water Research and Development Roadmap

    Section 146(a) directs the Secretary of Energy to develop 
an Energy-Water Research and Development Roadmap within 90 days 
of enactment of the Act.
    Subsection (b) directs the Secretary to submit to Congress 
a report concerning the Roadmap within 120 days of enactment of 
the Act.

Section 147. Energy-water clean technology program

    Section 147(a) defines key terms used in the section.
    Subsection (b) directs the Secretary of Energy to carry out 
a competitive grant program for specified entities to 
demonstrate technologies that conserve significant amounts of 
water and energy in development projects.
    Subsection (c) specifies a number of requirements 
associated with the grant program.
    Subsection (d) authorizes appropriations to carry out the 
section.

Section 148. Rural water utilities energy and water efficiency program

    Section 148(a) directs the Secretary of Energy to establish 
and carry out an energy and water efficiency technical 
assistance program for rural drinking water and wastewater 
utilities.
    Subsection (b) authorizes appropriations to carry out the 
section.

Section 149. Comprehensive water use and energy savings study

    Section 149(a) requires the Secretary of Energy, in 
consultation with other Federal agencies and appropriate 
entities, to conduct an in-depth study on the inter-related 
nature of water and energy as specified in the section.
    Subsection (b) specifies the required components of the 
study.
    Subsection (c) directs the Secretary to submit to Congress 
a report containing a description of the results of the study 
within 18 months of enactment of the Act.

               SUBTITLE E--VEHICLE TECHNOLOGY DEPLOYMENT

Section 151. Transportation roadmap study

    Section 151 directs the Secretary of Energy to contract 
with the National Academy of Sciences to conduct a 
comprehensive analysis of energy use by light-duty vehicles and 
the technology options for alternative fuels.

Section 152. Vehicle technology and recharging infrastructure

    Section 152 adds several new subsections to section 131 of 
the Energy Independence and Security Act of 2007, to provide 
further support for the deployment of electric drive vehicles. 
The new section 131(e) requires the Secretary of Energy, in 
consultation with the Administrator of the Environmental 
Protection Agency and the Secretary of Transportation, to study 
factors that must be addressed to enable the widespread 
deployment of electric drive vehicles. The new section 131(f) 
authorizes financial support for projects to deploy electric 
drive vehicles and related infrastructure, in the form of 
grants administered through the Department and by allowing the 
Secretary to consult with the Administrator of the Clean Energy 
Deployment Administration to further the goals of the 
subsection.

Section 153. Electric drive transportation standardization

    Section 153 directs the Secretary of Energy to submit a 
report on standards for electric drive transportation.

Section 154. Pilot program for Federal fleet

    Section 154 adds a new subsection (h) to section 131 of the 
Energy and Independence and Security Act of 2007 to require the 
Secretary of Energy to establish, as part of the Federal Energy 
Management Program, a pilot program to provide grants to aid in 
the deployment of electric drive vehicles that have not yet 
reached commercial-scale production. Grants under the pilot 
program would be used to cover the cost differential between an 
electric drive vehicle and an equivalent traditionally powered 
vehicle, and for recharging infrastructure at federal 
facilities needed to support those vehicles.

Section 155. Study of end-of-useful life options for motor vehicle 
        batteries

    Section 155 directs the Secretary of Energy to study the 
end-of-useful life options for motor vehicle batteries, and to 
submit a report on the results of the study.

                  TITLE II--ENHANCED ENERGY EFFICIENCY

              SUBTITLE A--MANUFACTURING ENERGY EFFICIENCY

Section 201. State partnership industrial energy efficiency revolving 
        loan program

    Section 201 authorizes the Department of Energy to 
competitively award grants to partnerships between a community 
and economic development lender, a State agency, and a private 
financial institution or other provider of loan capital for the 
purposes of establishing regionally based revolving loan 
programs to provide manufacturers with loans to implement the 
technologies and processes that will increase energy 
productivity, enable the production of clean energy 
technologies, and increase the industrial competitiveness of 
the United States.

Section 202. Coordination of research and development of energy 
        efficient technologies for industry

    Section 202 instructs the Secretary of Energy to establish 
research and development partnerships between the Industrial 
Technologies Program and other DOE R&D programs (e.g., Building 
Technologies, Advanced Batteries and Vehicles Programs, and 
Office of Science programs including Advanced Scientific 
Computing Research) to leverage expertise and transfer early 
stage technology development and manufacturing capabilities 
into industry.

Section 203. Energy efficient technologies assessment

    Section 203 directs DOE to complete an assessment of the 
energy and greenhouse gas emissions savings potential and cost-
competitiveness of commercially available energy efficiency 
technologies that are not widely implemented within U.S. energy 
intensive industries.

Section 204. Future of Industry program

    Section 204(a) amends section 452 of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17111) to 
strengthen the Department of Energy's energy-intensive 
industries program.
    Subsection (b) directs the Secretary to develop industry-
specific technology roadmaps, using public-private 
partnerships, in order to identify the critical technologies 
and processes necessary to be developed to reduce energy 
intensity and greenhouse gas emissions. In implementing the 
provisions of this legislation, the Secretary should look for 
opportunities to integrate innovative and emerging areas of 
technology solutions such as information and communications 
technologies and automation and support services to monitor, 
control, and optimize process efficiency as part of its 
industrial energy efficiency program. These roadmaps will feed 
into the public/private partnership R&D program established in 
the Energy Independence and Security Act of 2007 to develop and 
deploy these technologies in industry.
    Subsection (c) amends section 452(e) of the Energy 
Independence and Security Act of 2007 to direct the Secretary 
of Energy to provide funding to establish additional Industrial 
Research and Assessment Centers (IACs) and to establish Centers 
of Excellence at the top performing IACs to serve as sources 
for best practices and to provide for coordination between 
centers. Paragraph (4) directs the IAC's to coordinate with the 
National Institute of Standards and Technology's (NIST) 
Manufacturing Extension Partnership Centers, the Department of 
Energy's Building Technologies Program, and the National 
Laboratories, and it directs the IACs to identify and promote 
sustainable manufacturing practices. Subsection (c)(5) 
establishes an outreach coordinator at each Center of 
Excellence to leverage the efforts of the centers with those of 
the States and the Federal Government. Subsection (c)(6) 
provides for workforce training through cost-shared paid 
internships for students to work with industries and 
manufacturers to implement energy efficiency technologies. 
Subsection (c)(7) links IAC assessments to Small Business 
Administration Loans to provide fast tracking through the Small 
Business Administration Loan system.

Section 205. Sustainable manufacturing initiative

    Section 205 adds a new section 376 to the Energy Policy and 
Conservation Act to establish a joint industry-government R&D 
partnership program within the Industrial Technologies program, 
in collaboration with NIST and any other relevant agencies, to 
enable industry to shift towards sustainable manufacturing and 
industrial processes.

Section 206. Innovation in industry grants

    Section 206 adds a new subsection (g) to section 1008 of 
the Energy Policy Act of 2005 to provide cost-shared 
competitive grants to stimulate the development and widespread 
deployment of innovative energy efficient technologies and 
processes for manufacturing and industry. The new subsection 
(g)(2)(A) permits State-industry partnerships to apply for a 
grant. Paragraph (2)(B) requires a 50/50 cost share; and 
paragraph (2)(C) requires the Secretary to provide select 
partnerships a one-time grant of up to $500,000 for the 
proposed project. Paragraphs (3) and (4) set forth criteria for 
evaluating and selecting eligible projects.

Section 207. Study of advanced energy technology manufacturing 
        capabilities in the United States

    Section 207 directs the Secretary of Energy to enter into 
an arrangement with the National Academy of Sciences to develop 
a report evaluating the opportunities and roadblocks to the 
development of advanced manufacturing capabilities for advanced 
energy technologies in the United States. The report is 
designed to look at the necessity of developing critical 
elements of and capabilities for the clean technology supply 
chain in the U.S. in order to capture the production of high 
value products and prevent their production from being shifted 
overseas.

Section 208. Industrial technologies steering committee

    Section 208 establishes an advisory steering committee to 
provide recommendations to the Secretary on planning and 
implementation of the Industrial Technologies Program of the 
Department of Energy.

Section 209. Authorization of appropriations

    Section 209 authorizes such sums as are necessary to carry 
out subtitle A.

      SUBTITLE B--IMPROVED EFFICIENCY IN APPLIANCES AND EQUIPMENT

Section 221. Test procedure petition process

    Section 221(a) amends sections 323 and 343 of the Energy 
Policy and Conservation Act to establish a process under which 
a person may petition the Secretary to conduct a rulemaking to 
prescribe or amend a test procedure for covered consumer and 
industrial products, and make a decision on any such petition 
within 180 days. Subsection (b) amends section 343 of the 
Energy Policy and Conservation Act to require the Secretary, at 
least once every 7 years, to review test procedures for certain 
industrial equipment and either publish an amended test 
procedure for any covered equipment or a notice of a decision 
not to amend a test procedure.

Section 222. Energy Star program

    Section 222 amends section 324A of the Energy Policy and 
Conservation Act to make several operational changes to the 
joint DOE-EPA Energy Star program. First, it would require the 
Secretary of Energy and the Administrator of the Environmental 
Protection Agency to update their cooperative agreement within 
180 days. Second, the section would require the Secretary and 
the Administrator to review each product category at least once 
every 3 years, or when market share for an Energy Star product 
category reaches 35 percent. Based on this review, the 
Secretary and the Administrator are required to update and 
publish new Energy Star product criteria for that category, or 
publish a finding that no update is justified. Third, it would 
clarify that DOE shall assume all responsibility for the 
implementation of an Energy Star program for solid state 
lighting, including any test methods and procedures. Fourth, it 
would require a demonstration of compliance with the Energy 
Star criteria by qualified products. Such demonstration shall 
be conducted in accordance with methods determined by the 
Secretary or the Administrator, who may exempt specific 
products, if justified. Finally, this section would provide 
specific DOE and EPA authorization levels for the program.

Section 223. Petition for amended standards

    Section 223 amends section 325(n) of the Energy Policy and 
Conservation Act to establish a deadline of 180 days after 
receiving a petition to conduct a rulemaking for the Secretary 
to grant or deny the petition. It would also establish a 3-year 
deadline after the date of granting such a petition for the 
Secretary to publish a final rule on the new or amended 
standard, or to publish a determination that new or amended 
standards are unnecessary.

Section 224. Portable light fixtures

    Section 224 amends sections 321, 322, 323, and 325 of the 
Energy Policy and Conservation Act to establish definitions, 
exclusions, test procedures, and minimum energy efficiency 
standards for portable light fixtures (plug-in table and floor 
lamps) to take effect on January 1, 2016. Subsection (d) amends 
section 325 of the Energy Policy and Conservation Act to 
require the Secretary to review the criteria and standards 
established under section 325 to determine if revised standards 
are technologically feasible and economically justified, and to 
publish amended standards, or a determination that no amended 
standards are justified, not later than January 1, 2014.

Section 225. GU-24 base lamps

    Section 225(a) amends section 321 of the Energy Policy and 
Conservation Act to establish definitions for ``GU-24'' lamp 
sockets, ``GU-24 Adaptor,'' and ``GU-24 Base Lamp.'' Section 
225(b) amends section 325 of the Energy Policy and Conservation 
Act to establish a standard for the next-generation, GU-24 lamp 
sockets, so that they cannot be used for older, much less 
efficient incandescent lamps.

Section 226. Standards for certain incandescent reflector lamps and 
        reflector lamps

    Section 226 amends section 325(i) of the Energy Policy and 
Conservation Act to direct the Secretary to publish a final 
rule establishing standards for incandescent bulged reflector 
(BR) lamp types which are currently exempt from regulation. 
This section would require that these BR standards be developed 
in the context of developing amended standards for all 
reflector lamps, including incandescent reflector lamps, and 
are to be published to later than January 1, 2015.

Section 227. Standards for commercial furnaces

    Section 227 amends section 342 of the Energy Policy and 
Conservation Act to establish definitions and minimum energy 
efficiency standards for large (225,000 Btu/hr or more) gas-
fired and oil-fired air furnaces manufactured after January 1, 
2011.

Section 228. Motor efficiency rebate program

    Section 228 adds a new section 347 to the Energy Policy and 
Conservation Act to direct the Secretary to establish, not 
later than January 1, 2010, a program to provide rebates for 
expenditures made by entities to purchase and install certain 
large new electric motors. The new section 347(b)(1) requires 
an entity, to be eligible, to submit to the Secretary: (1) 
evidence that the entity purchased an eligible motor to replace 
an installed motor; (2) evidence that the previously installed 
motor has been removed from service and has been properly 
disposed of; and (3) the actual nameplate from the previously 
installed motor. Section 347(b)(2) authorizes the Secretary to 
pay rebates in proportion to the horsepower of the motor. 
Section 347(b)(3) authorizes the Secretary to make payments to 
motor distributors to assist in the disposal costs of the 
replaced motors. Section 347(c) authorizes $350 million to fund 
the rebate program for fiscal years 2010 through 2014.

Section 229. Study of compliance with energy standards for appliances

    Section 229 directs the Secretary to conduct, and submit to 
Congress within 18 months, a study on the degree of compliance 
with energy standards for appliances including an investigation 
of compliance rates, and options for improving compliance 
including enforcement.

Section 230. Study of direct current electricity supply in certain 
        buildings

    Section 230 directs the Secretary to conduct, and submit to 
Congress within 1 year, a study of the costs and benefits of 
requiring high-quality, direct current electricity supply in 
certain buildings and to determine, if this requirement is 
imposed, what the policy and role of the Federal Government 
should be.

Section 231. Motor market assessment and commercial awareness program

    Section 231 directs the Secretary to assess the U.S. 
electric motor market including ways to improve the efficiency 
of motor systems. Subsection (d) requires the Secretary to: 
develop recommendations to periodically update this 
information; estimate the savings attributable to the Save 
Energy Now Program; make recommendations to the Census Bureau 
on surveys to support DOE's motor activities; and prepare an 
update to the Motor Master+ program of DOE. Subsection (e) 
directs the Secretary, based on the assessment and 
recommendations, to establish a program to: increase awareness 
of the savings opportunities of using higher efficiency motors; 
improve motor system procurement practices; and establish 
criteria for making decisions regarding electric motor systems.

Section 232. Study regarding Energy Superstar concept

    Section 232 adds a new subsection (e) to section 324A of 
the Energy Policy and Conservation Act to direct the Secretary 
and EPA Administrator to jointly study the feasibility and 
advisability of adding an Energy Superstar tier'' to the Energy 
Star Program. This tier would recognize the products and 
buildings as ``Superstars'' that constitute the approximately 5 
percent most-efficient products in a market. The new section 
324A(e)(2) requires the Secretary and EPA Administrator to 
jointly submit a report to Congress no later than 1 year after 
enactment on whether the Energy Superstar tier should be 
established, and if so, propose a schedule and budget for its 
establishment.

Section 233. Technical amendment

    Section 233 would make a technical amendment to section 
324(a) of the Energy Policy and Conservation Act, updating the 
name change of an industry association that is cited in the 
law.

                    SUBTITLE C--BUILDING EFFICIENCY

                         PART I--BUILDING CODES

Section 241. Greater energy efficiency in building codes

    Section 241(a) amends section 304 of the Energy 
Conservation and Production Act.
    Section 304(a)(1)(A), as amended, directs the Secretary to 
set energy savings targets for both the residential and 
commercial national model building energy codes. The target for 
2010 requires a 30 percent improvement in energy savings 
compared to the 2006 International Energy Conservation Code 
(IECC) for residences and the ASHRAE Standard 90.1--2004 code 
for commercial buildings. The target for codes issued after 
2016 requires a 50 percent improvement over the reference 
codes.
    Section 304(a)(1)(B) authorizes the Secretary, before 2013, 
to adjust the 50 percent target date for one or both codes if 
he determines that a 50 percent target cannot be met in 2016. 
The Secretary is to set energy savings targets at the maximum 
level of energy efficiency that is technologically feasible and 
life-cycle cost-effective and on a path to achieving net-zero-
energy buildings.
    Section 304(a)(1)(C) directs the Secretary to provide 
technical assistance to model code-setting and standards 
development organizations and to submit proposals to enable the 
model codes and standards to meet these targets.
    Section 304(a)(2) requires the Secretary, within one year 
after the new codes are updated, to determine whether the codes 
meet the efficiency targets; if not, the Secretary shall 
propose modifications to the codes to meet the targets. 
Subparagraph (B) requires the codes and standards organizations 
to incorporate the proposed changes within 180 days. 
Subparagraph (D) requires the Secretary to provide notice and 
public comment on targets, determinations, and modified codes.
    Section 304(b) provides that each State shall certify 
whether or not it has reviewed the model codes and updated the 
provisions of state codes regarding energy efficiency. The 
certification shall come within 2 years after the Secretary 
determines that the model energy codes meet the energy savings 
targets. The certification shall include a demonstration that 
the codes meet the targets in section 304(a).
    Section 304(c) requires States to certify, within 3 years 
of a determination by the Secretary, whether or not they have 
achieved compliance with the model energy codes. Compliance is 
considered achieved if at least 90 percent of new and renovated 
building space meets the energy efficiency requirements of the 
code or achieves an equivalent level of energy savings. A State 
has made significant progress toward achieving compliance if it 
has developed and is implementing a plan to achieve compliance 
within 8 years. Technical assistance shall be provided to the 
States by the Secretary.
    Section 304(d) provides that a State that has not made a 
certification under subsection (b) or (c) shall submit a report 
to the Secretary on the status of the State with regard to 
meeting the requirements and a plan for submittal of the 
certification.
    Section 304(e) authorizes the Secretary to provide funding 
to States to improve and implement State energy efficiency 
codes and increase compliance. In determining the amount of 
funding, the Secretary shall consider the actions proposed by 
the State. Of the amounts made available under this subsection, 
the state may use up to $500,000 to train State and local 
building code officials in order to improve compliance with 
building energy codes.
    Section 241(b) adds a definition of the acronym for the 
International Energy Conservation Code to section 303 of the 
Energy Conservation and Production Act.

Section 242. Multifamily and manufactured housing energy efficiency 
        grant program

    Section 242 establishes a competitive grant program in the 
Department of Energy to provide funding for innovative 
approaches to increase energy efficiency in multifamily 
buildings and manufactured housing. Examples of programs for 
multifamily buildings include building renovations and 
replacement of inefficient appliances and equipment with Energy 
Star products. Owners of pre-1976 manufactured housing could 
receive rebates to purchase new Energy Star-rated manufactured 
housing.

Section 243. Building Training and Assessment Centers

    Section 243 authorizes the Secretary to provide grants to 
institutions of higher education to establish building training 
and assessment centers, in coordination with existing programs 
of the Department of Energy and other Federal agencies. Such 
centers will train building engineers, building energy 
permitting and enforcement officials, and building technicians. 
This training will provide practical experience in conducting 
energy assessments on buildings. These assessments will 
identify recommended efficiency improvements to building owners 
and help these owners reduce their energy bills.

       PART II--WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS

Section 251. Reauthorization of the low-income weatherization 
        assistance program

    Section 251 reauthorizes the weatherization program under 
part A, title IV, of the Energy Conservation and Protection Act 
(42 U.S.C. 6861-6872) through fiscal year 2015.

                     PART III--STATE ENERGY PROGRAM

Section 255. Reauthorization of the state energy program

    Section 255 reauthorizes the state energy conservation 
program grant under part D, title III, of the Energy Policy 
Conservation Act (42 U.S.C. 6321-6326) through fiscal year 
2015.

            PART IV--STATE ENERGY EFFICIENCY GRANTS PROGRAM

Section 261. Definitions

    Section 261 defines terms used in sections 261-265.

Section 262. State energy efficiency retrofit programs

    Section 262(a) directs the Secretary to make grants to 
States to carry out energy efficiency retrofit programs in 
accordance with this section.
    Subsection (b) directs the Secretary to apply performance-
based criteria in awarding grants, including cost-
effectiveness, jobs created, energy and water saved, a plan for 
evaluation, measurement and verification of energy savings, and 
other criteria.
    Subsection (c) authorizes the Secretary to award 
competitive grants to the States to carry out energy efficiency 
retrofit programs for residential and commercial buildings. The 
grants may be implemented through the State, a unit of local 
government, or a third party.
    Subsection (d)(1) authorizes a State to provide a grant to 
a homeowner for an energy efficiency retrofit carried out in 
accordance with a prescriptive option or a performance based 
option.
    Subsection (d)(2) specifies the requirements of the 
prescriptive option and directs the Secretary to establish a 
list of approved energy savings measures that may be installed 
in the home. The provision specifies the amount of the grants 
available for the prescriptive option and the process for 
verification of energy savings. Federal incentives under the 
prescriptive approach are to be $1,000 for 10 percent savings 
and $2,000 for 20 percent savings. Energy savings must be 
verified by the contractor. The Secretary is authorized to 
discontinue the prescriptive option one year after the date of 
enactment.
    Subsection (d)(3)(A) specifies that a performance-based 
retrofit option shall achieve whole home energy savings. 
Subparagraph (B) sets the grant amount at $3,000 for a 20 
percent reduction in whole home energy consumption, and which 
can increase up to the lower of $12,000 or 50 percent of the 
total retrofit cost if savings are higher. Subparagraph (C) 
requires energy savings to be documented through a Home Energy 
Rating System rating or the use of approved whole-home 
simulation software. Subsection (D) permits the Administrator 
to adjust the minimum number of retrofits (initially set at 15 
percent) randomly selected for third party verification, and 
the appropriate number of contractor certifications.
    Subsection (e)(1) authorizes States to provide incentives 
for energy efficiency retrofits to commercial buildings, 
including sub-metered areas within buildings.
    Subsection (e)(2) provides that a State may provide 
commercial building incentives if the retrofits improve energy 
performance by at least 20 percent compared to the previous 
year, adjusting for factors such as changes in occupancy. 
Energy savings shall be determined by the Administrator using 
an established energy benchmarking tool.
    Subsection (e)(3) describes the incentives available for 
commercial building retrofits based on energy savings per 
square foot of the retrofitted space and are limited to 50 
percent of the cost of the project. Incentives range from $0.15 
to $3.00 per square foot. The commercial building owner 
receives part of the incentive payment after the retrofit has 
been completed, and the remainder of the payment is remitted 
after energy savings are verified.
    Subsection (f) allows historic buildings to receive 
incentives of up to 120 percent of the amounts in subsections 
(d) and (e).
    Subsection (g) requires States receiving grants under this 
section to submit a detailed report on the use of the funds to 
the Secretary.

Section 263. Administrative and technical support

    Section 263 authorizes the Secretary to provide 
administrative and technical support to the States.

Section 264. Regulations

    Section 264 directs the Secretary to prescribe such 
regulations as are necessary to carry out this part.

Section 265. Funding

    Section 265(a) authorizes appropriations for the State 
energy efficiency grants program. Subsection (b) allocates the 
funding appropriated for this part as follows: 45 percent for 
home efficiency retrofits; 45 percent for commercial efficiency 
retrofits; and 10 percent for administrative and technical 
support. Subsection (c) limits use of the grants for 
administration and for measurement and verification.

Section 266. Home energy retrofit finance program

    Section 266(a) defines terms used in this section.
    Subsection (b) authorizes grants to the States for 
establishing or expanding a State revolving finance fund to 
support financing offered by municipalities and utilities to 
existing homes and residential buildings under 5 stories.
    Subsection (c) authorizes the Secretary to provide funds to 
the States to capitalize revolving finance funds and increase 
participation in associated financing programs.
    Subsection (d) requires that to be eligible to participate 
in the program, a qualified program delivery entity shall 
establish a method for eligible participants to pay for the 
financed cost of energy efficiency and renewable energy 
improvements over a period of time.
    Subsection (e) directs the Secretary to allocate funds 
using the formula for State Energy Programs under Part D of 
Title III of the Energy Policy and Conservation Act.
    Subsection (f) provides that not more than 20 percent of 
the amount of funds in a State revolving finance fund may be 
used for interest rate reductions.
    Subsection (g) provides that, upon repayment, funds made 
available by qualified program delivery entities shall be 
deposited back into the applicable State revolving finance fund 
to support further financing for energy efficiency measures and 
renewable energy improvements.
    Subsection (h) requires that home energy retrofits 
receiving financing through the program be carried out in 
accordance with the Home Retrofit program in section 262.
    Subsection (i) requires a program evaluation and report to 
the Senate Committee on Energy and Natural Resources and the 
House Committee on Energy and Commerce 3 years after the date 
of enactment.
    Subsection (j) authorizes appropriations for carrying out 
the section.

               PART V--FEDERAL EFFICIENCY AND RENEWABLES

Section 271. Amendment to Federal renewable purchase requirement

    Section 271(1) amends the federal renewable purchase 
requirement in section 203 of the Energy Policy Act of 2005 (42 
U.S.C. 15852) to allow renewable thermal energy (such as solar 
hot water) to qualify for the federal renewable energy purchase 
requirement. Current law allows only renewable electric energy 
to qualify. Paragraph (3) amends section 203 to add a new 
subsection (d) to authorize agencies to receive one credit 
towards their federal renewable purchase requirement if they 
generate or consume renewable energy on-site. Paragraph (4) 
authorizes federal agencies to enter into long term contracts 
(up to 30 years) for the purchase of renewable energy.

Section 272. Competition requirements for Energy Savings Performance 
        Contracts

    Section 272 amends the Energy Services Performance Contract 
(ESPC) in section 801(a) of the National Energy Conservation 
Policy Act to set forth competition requirements for ``task or 
delivery orders'' issued to qualified contractors under the 
ESPC program. The section makes it clear that complying with 
these specifically tailored competition provisions satisfies 
the enhanced competition requirements for task and delivery 
order contracts enacted in the National Defense Authorization 
Act for Fiscal Year 2008.

Section 273. Funding flexibility

    Section 273 amends section 801(a)(2)(E) of the National 
Energy Conservation Policy Act to clarify that, notwithstanding 
any other law, a Federal agency may use any combination of 
appropriated funds and private financing under an ESPC, to 
carry out a contract under title VIII of the National Energy 
Conservation Policy Act.

Section 274. Definition of energy savings

    Section 274 amends section 804(2)(B) of the National Energy 
Conservation Policy Act to codify a Department of Energy policy 
statement in 2006 that allows energy savings performance 
contracts to be used for energy efficiency and conservation 
measures that consist of or include renewable energy systems.

Section 275. National energy efficiency improvement goals

    Section 275(a) establishes the goal of achieving an 
improvement of the nation's overall energy productivity 
(measured as GDP per unit of energy input) of at least 2.5 
percent annually by 2012, and each year thereafter through 
2030. Subsection (b) requires a strategic plan to ensure 
compliance with the national goals within one year of 
enactment. Subsection (c) specifies the strategic plan's 
contents. Subsection (d) requires the plan to be updated 
biennially. Subsection (e) requires the Secretary to submit the 
strategic plans and each updated plan to Congress.

Section 276. Energy sustainability and efficiency grants and loans for 
        institutions

    Section 276 amends section 399A of the Energy Policy and 
Conservation Act (42 U.S.C. 6371-1) to add not-for-profit 
hospitals and not-for-profit inpatient health care facilities 
to the list of entities eligible for grants under section 399A.

Section 277. Federal implementation strategy for energy-efficient 
        information and communications technologies

    Section 277 adds a new subsection (h) to section 543 of the 
National Energy Conservation Policy Act to require that federal 
agencies collaborate with the Director of the Office of 
Management and Budget to create a comprehensive strategy for 
the purchase and use of energy efficient information and 
communications technologies. The new section 543(h)(3) requires 
the Director to set performance goals for measuring increased 
efficiency. New section 543(h)(4) requires the Director to 
report to Congress on new and emerging technologies and the 
progress of each agency in reducing energy use through its 
comprehensive strategy.

Section 278. Incentives for Federal agencies to participate in energy 
        efficiency programs

    Section 278 amends section 546(c) of the National Energy 
Conservation Policy Act to add independent system operators, 
State agencies, and third parties implementing efficiency 
programs, to the entities (electric and gas utilities) that can 
offer federal agencies incentives to participate in demand 
response and energy efficiency programs.

          PART VI--ENERGY EFFICIENCY INFORMATION FOR BUILDINGS

Section 281. Building energy performance information program

    Section 281(a) defines key terms used in this section.
    Subsection (b) directs the EPA Administrator to establish a 
voluntary energy performance information program applicable to 
buildings nationwide to provide timely and accurate information 
on comparative energy performance and to increase public 
awareness of the importance of building energy performance 
through public education.
    Subsection (c) directs the Secretary to submit a report to 
Congress describing building types for which data exists that 
can serve as the basis for information on building energy 
performance, additional resources that will be required, and 
the timeline for completion of the data requirement.
    Subsection (d) directs the Secretary to support 
improvements to the Commercial Buildings Energy Consumption 
Survey to characterize the achieved performance of existing 
buildings and to cover additional building types. While 
conducting the Residential Energy Consumption Survey, the 
Secretary may also evaluate whether the data is appropriate for 
developing achieved measurement formats for residential 
buildings within 5 years of the date of enactment.
    Subsection (e) directs the Administrator to establish 
methods to measure achieved energy performance and designed 
energy performance and to establish formats for the display of 
building energy performance. The Administrator shall consider 
existing public and private programs in developing the formats 
and shall publish the final specifications for information. The 
Administrator shall review and may modify the building energy 
information program at least once every five years.
    Subsection (f) directs the Secretary, in consultation with 
the Administrator, to establish an education program to 
increase awareness of the importance of building energy 
efficiency.
    Subsection (g) authorizes the Administrator, in 
consultation with the Secretary, to conduct demonstration 
projects for different building types to evaluate the 
sufficiency of the model formats and specifications. The 
Secretary shall coordinate demonstration projects with the 
Zero-Net Commercial Buildings Initiative.
    Subsection (h) authorizes the Secretary, at the request of 
a State or local government, to coordinate on the development 
of a building energy performance information program and to 
provide technical assistance and information on best practices. 
The Secretary may also provide a grant for initial program 
administration, if key elements are included.
    Subsection (i) requires Federal agencies with covered 
building types to implement the program within 3 years of 
enactment, as well as newly constructed buildings to be owned 
by State and local governments that receive federal assistance.
    Subsection (j) authorizes the Administrator to develop a 
voluntary Energy Star program that recognizes high efficiency 
retrofits of existing commercial and residential buildings.
    Subsection (k) authorizes appropriations.

Section 282. National protocols for evaluation, measurement and 
        verification of energy savings

    Section 282 directs the Secretary of Energy, not later than 
2 years after the date of enactment of this Act, to prescribe 
uniform rules to document the energy savings and avoided 
greenhouse gas emissions of energy efficiency programs that 
receive funding from government entities or public utilities, 
are required to achieve specific levels of energy reductions, 
or are eligible for allowances or allowance proceeds based on 
energy savings and greenhouse gas emission reductions under 
climate change regulations.

   PART VII--RESIDENTIAL HIGH-PERFORMANCE ZERO-NET-ENERGY BUILDINGS 
                               INITIATIVE

Section 291. Residential high-performance zero-net-energy buildings 
        initiative

    Section 291(a) defines terms used in the section.
    Subsection (b) directs the Secretary to establish the 
``Residential High-Performance Zero-Net-Energy Buildings 
Initiative.''
    Subsection (c) directs the Secretary to appoint a Director 
to carry out the Initiative.
    Subsection (d) requires the Director to enter into one or 
more agreements with the existing competitively selected 
Building America Industry Consortia and one or more additional 
Consortia to develop and carry out the Initiative for 5 years.
    Subsection (e) sets forth the goals of the Initiative.
    Subsection (f) describes the activities the Initiative may 
undertake.
    Subsection (g) requires cost sharing in accordance to 
section 988 of the Energy Policy Act of 2005.
    Subsection (h) authorizes appropriations for the 
Initiative.

                       SUBTITLE D--ELECTRIC GRID

Section 295. National electric system efficiency and peak demand 
        reduction goal

    Section 295 sets a national electric system efficiency goal 
to optimize and make more efficient the planning and operation 
of national and local electricity systems with particular focus 
on reducing the frequency and severity of peak demand periods. 
This goal would be achieved through the reduction of overall 
electricity demand through: the adoption of energy-efficient 
technologies or conservation practices, the use of demand 
response technologies, and the use of smart grid technologies. 
Within 180 days after the date of enactment, the Secretary, in 
cooperation with the Federal Energy Regulatory Commission, 
Regional Transmission Organizations, the National Association 
of Regulatory Utility Commissioners, and heads of other 
appropriate Federal agencies, shall develop an action plan to 
achieve or exceed the national goal.

Section 296. Uniform national standards for interconnection of certain 
        small power production facilities.

    Section 296 adds a new section 118 to the Public Utility 
Regulatory Policies Act of 1978 to direct the Federal Energy 
Regulatory Commission to establish a national interconnection 
standard for small power production facilities of 15 kilowatts 
or less. The new section 118(a) requires each electric utility 
selling electricity to electric consumers to offer 
interconnection service to their electric consumers consistent 
with this standard. Section 118(b)(1) provides for Commission 
enforcement of the national interconnection standard. Section 
118(b)(2) allows the Commission to discontinue enforcing the 
national standard in a State if the State regulatory authority 
agrees to enforce a consistent State standard. Section 118(c) 
requires the Commission to submit a report to Congress within 3 
years on whether the standard should be amended to apply to 
facilities that generate up to 50 kilowatts. Section 118(d) 
directs the Commission to develop a model standard for 
facilities up to 20 megawatts for the consideration of State 
regulatory authorities.

                  TITLE III--IMPROVED ENERGY SECURITY

      SUBTITLE A--CYBER SECURITY OF THE ELECTRIC TRANSMISSION GRID

Section 301. Critical electric infrastructure

    Section 301 amends Part II of the Federal Power Act (16 
U.S.C. 824 et seq.) by adding a new section 224 to give the 
Secretary of Energy and the Federal Energy Regulatory 
Commission additional authority to protect critical electrical 
infrastructure.
    Section 224(a) defines key terms in the new section.
    Section 224(b)(1) directs the Commission to issue rules or 
orders as necessary to protect critical electric infrastructure 
from cyber security vulnerabilities. Paragraph (2) permits the 
Commission to issue the rules or orders without prior notice or 
hearing if it determines that the rule or order must be issued 
immediately to protect against a cyber security vulnerability. 
Paragraph (3) directs the Commission, to the extent 
practicable, to consult with officials at other Federal 
agencies, and with entities subject to the jurisdiction of the 
Commission. Paragraph (4) provides that rules or orders issued 
under subsection (b) shall expire on the effective date of a 
standard developed and approved pursuant to section 215 of the 
Federal Power Act to address the vulnerability.
    Section 224(c) authorizes the Secretary of Energy to 
require, if immediate action is necessary to protect against a 
cyber security threat, that entities subject to the 
jurisdiction of the Commission take actions to protect against 
the threat. Paragraph (2) encourages the Secretary to consult 
and coordinate with appropriate officials in Canada and Mexico. 
Paragraph (3) requires the Secretary, to the extent 
practicable, to consult with officials at other Federal 
agencies, and with entities subject to the jurisdiction of the 
Commission under this section prior to exercising the authority 
under this subsection. Paragraph (4) requires the Commission to 
establish a mechanism that permits recovery of prudently 
incurred costs required to comply with orders of the Secretary 
under this subsection.
    Section 224(d) provides that orders or rules issued without 
prior notice or hearing under section 224 shall remain in 
effect for not more than 90 days unless the Commission gives 
interested persons an opportunity to submit written data, views 
or arguments and affirms, amends or repeals the rule or order.
    Section 224(e) provides that any entity that owns, 
controls, or operates critical electric infrastructure shall be 
subject to the jurisdiction of the Commission for purposes of 
carrying out section 224, or applying enforcement authorities 
of the Federal Power Act with respect to section 224, but 
subsection (e) does not subject an electric utility or other 
entity to the jurisdiction of the Commission for any other 
purpose. Except as provided in subsection (f), the States of 
Alaska and Hawaii are exempted from provisions of section 224.
    Section 224(f) provides for a plan to protect the electric 
power supply of the national defense facilities in the States 
of Alaska and Hawaii, and in the Territory of Guam.
    Section 224(g)(1) provides that section 214 of the Critical 
Infrastructure Information Act of 2002 (6 U.S.C. 133) shall 
apply to information submitted to the Commission or the 
Secretary either voluntarily or involuntarily under this 
section to the same extent as that section applies to 
information voluntarily submitted to the Department of Homeland 
Security under that Act (6 U.S.C. 131 et seq.). Paragraph (2) 
directs the Secretary and the Commission to issue regulations 
prohibiting disclosure of information that would be detrimental 
to the security of critical electric infrastructure. Paragraph 
(3) directs the Secretary and the Commission to establish 
procedures on the release of critical infrastructure 
information to entities subject to this section, to the extent 
necessary to enable the entities to implement rules or orders 
of the Commission or Secretary. The procedures shall limit 
dissemination of information, ensure security and 
confidentiality of information, protect constitutional and 
statutory rights, and provide data integrity through timely 
removal and destruction of obsolete or erroneous names and 
information.

                       SUBTITLE B--NUCLEAR ENERGY

Section 311. National Commission on Nuclear Waste

    Section 311 establishes a National Commission on Nuclear 
Waste to study alternative means of safely managing or 
disposing of spent nuclear fuel and high-level radioactive 
waste from both civilian nuclear activity and atomic energy 
defense activity, and to recommend to Congress any legislative 
or other action it believes may be necessary to manage or 
dispose of spent nuclear fuel and high-level radioactive waste 
successfully and safely.
    Section 311 establishes the National Commission by adding a 
new title VI to the Nuclear Waste Policy Act of 1982. Section 
601 of the new title in the Nuclear Waste Policy Act 
establishes the National Commission. Section 602 states the 
purposes of the Commission. Section 603 provides for its 
composition. Section 604 describes its functions. Section 605 
provides administrative authorities. Section 606 requires the 
Commission to submit a report to the President and Congress 
within 2 years after the date of enactment. Section 607 
provides funds for the Commission, and section 608 terminates 
the Commission 60 days after it submits its final report.

Section 312. Sense of Congress regarding the strategic role of nuclear 
        energy

    Section 312 makes certain findings with respect to the 
importance of nuclear energy, the obligation of the Federal 
Government to provide for the safe disposal of spent nuclear 
fuel and high-level radioactive waste, and advanced spent fuel 
recycling and advanced reactors. The section also expresses the 
sense of Congress that the Federal Government should reaffirm 
the policy of the United States to support the use and 
expansion of nuclear energy and fulfill the Federal 
Government's obligation with respect to spent nuclear fuel and 
high-level radioactive waste.

Section 313. Advanced fuel recycling process development

    Section 313 amends section 953 of the Energy Policy Act of 
2005, which authorizes the Secretary of Energy to conduct an 
advanced fuel recycling technology research, development, and 
demonstration program. Paragraph (1) of section 313 corrects 
the reference to the Nuclear Energy Advisory Committee in 
section 953(b) of the Energy Policy Act of 2005 to reflect a 
change in the committee's name, which was made after the Energy 
Policy Act of 2005 was enacted.
    Paragraph (2) adds three new subsections to section 953 of 
the Energy Policy Act of 2005. A new subsection 953(e) directs 
the Secretary of Energy to take certain steps to address gaps 
in technology development and regulatory policy related to the 
development and regulation of advanced spent nuclear fuel 
recycle facilities. A new subsection 953(f) provides that the 
Nuclear Regulatory Commission will have licensing and 
regulatory authority over any facilities that use an advanced 
fuel recycling process pursuant to the Atomic Energy Act, and 
directs the Nuclear Regulatory Commission and the Environmental 
Protection Agency to establish necessary radiation protection 
standards. A new subsection 953(g) requires the Nuclear Energy 
Advisory Committee and the Nuclear Waste Technical Review Board 
to evaluate and report on the readiness of the advanced fuel 
cycle program for detailed design, engineering, licensing, and 
deployment.

         SUBTITLE C--IMPROVING UNITED STATES STRATEGIC RESERVES

Section 321. Petroleum product reserve

    Section 321(a) amends section 154(a) of the Energy Policy 
and Conservation Act to require the Department of Energy to 
include at least 30 million barrels of refined petroleum 
products within the Strategic Petroleum Reserve (SPR).
    Subsection (b) adds a new section 155 to the Energy Policy 
and Conservation Act to require the Secretary to submit to the 
President and to Congress, not later than 180 days after 
enactment, a plan to implement the requirement in subsection 
(a).
    Subsection (c) amends section 161 of the Energy Policy and 
Conservation Act to give the Secretary the authority to 
drawdown and sell oil from the SPR, and defines ``severe energy 
market supply disruption'' as the threshold for determining 
when an SPR drawdown and sale is appropriate.

Section 322. Petroleum exchange authority

    Section 322(a) amends 160(a) of the Energy Policy and 
Conservation Act to allow DOE to receive money, rather than 
oil, for exchanges that accrue oil in excess of the rated 
capacity of the SPR.
    Subsection (b) amends section 167(b) of the Energy Policy 
Act to direct any monies accrued under subsection (a) to the 
SPR Petroleum Account.

              SUBTITLE D--FEDERAL OIL AND GAS DEVELOPMENT

                      PART I--OIL AND GAS LEASING

Section 331. Oil and gas permit processing improvement fund

    Section 331 adds a new paragraph (4) to section 35(c) of 
the Mineral Leasing Act to extend the current oil and gas 
permit processing pilot offices by an additional five years by 
authorizing $20,000,000 for each of fiscal years 2016 through 
2020. The new paragraph (4) clarifies and makes explicit that 
funds may be used for the oil and gas inspection and 
enforcement program as well as for permit processing.

Section 332. Facilitation of coproduction of geothermal energy on oil 
        and gas leases

    Section 332 adds a new paragraph (4) to section 4(b) of the 
Geothermal Steam Act of 1970 to provide that a lease for the 
development of geothermal energy may be available on a 
noncompetitive basis to the holder of an oil and gas lease for 
lands subject to an approved permit to drill oil and gas where 
production is occurring under the existing federal oil and gas 
lease: (1) if the Secretary determines that geothermal energy 
will be produced from a well producing or capable of producing 
oil and gas and the public interest will be served thereby; and 
(2) in order to provide for the coproduction of geothermal 
energy with oil and gas.

                    PART II--OUTER CONTINENTAL SHELF

Section 341. Implementation of inventory of Outer Continental Shelf 
        resources

    Section 341(a) amends section 357 of the Energy Policy Act 
of 2005, which requires an inventory of Outer Continental Shelf 
(OCS) oil and gas resources, to require a seismic inventory of 
oil and natural gas and a summary of other marine resources 
(including present and potential uses of those resources for 
alternative energy production, navigation, fisheries, 
aquaculture, recreation, habitat, conservation, and military 
purposes), with the latter prepared with the assistance of and 
based on information provided by the heads of appropriate 
Federal agencies.
    Subsection (a)(1)(A) amends section 357(a) to require the 
inventory and summary be undertaken for waters of the OCS in 
the Atlantic Region, the Eastern Gulf of Mexico, and the Alaska 
Region. Subparagraph (B) amends section 357(a)(2) to clarify 
that 2-D as well as 3-D seismic may be used.
    Subsection (a)(2) amends section 357(b) to require the 
Secretary to carry out the inventory in three phases, with 
priority given to all or part of the planning areas of the OCS 
as stated, and adds a new subsection (c). The new section 
357(c)(1) requires that not later than 90 days after the date 
of enactment the Secretary must submit to the Committee on 
Energy and Natural Resources of the Senate and the Committee on 
Natural Resources of the House of Representatives a report that 
provides a plan for executing the seismic inventories required 
under this section and an estimate of costs to complete the 
seismic inventory by region and environmental and permitting 
activities to facilitate expeditious completion. Paragraphs (2) 
and (3) of the new section 357(c) require that the first phase 
of the inventory be within completed two years after the date 
of enactment, with the second and third phases to be completed 
two and four years thereafter, respectively. Section 357(c)(4) 
requires the inventory to be made publicly available and 
updated at least every five years.
    Subsection (b) states that undertaking the inventory shall 
not be considered to require, authorize, or provide a basis or 
justification for delay of the issuance of any OCS leasing 
program or amended program or any lease sale.
    Subsection (c) states that nothing in the section or the 
amendment made by the section precludes the issuance by the 
Secretary of the Interior of a permit to conduct geological or 
geophysical exploration of the OCS in accordance with 
applicable law.
    Subsection (d) amends section 999H(d) of the Energy Policy 
Act of 2005 to provide that amounts made available from the 
Ultra-Deepwater and Unconventional Natural Gas and Other 
Petroleum Research Fund shall be used to carry out section 357 
of the Energy Policy Act of 2005, with a priority given to 
completion of programmatic environmental impact statements 
necessary to carry out the seismic inventory and the use of 
seismic technology to obtain accurate resource estimates.
    Subsection (e) authorizes additional appropriations to 
carry out section 341.

Section 342. Alaska OCS permit processing coordination office

    Section 342(a) requires the Secretary of the Interior to 
establish a regional joint OCS lease and permit processing 
office for the Alaska OCS region.
    Subsection (b)(1) requires the Secretary of the Interior to 
enter into a memorandum of understanding (MOU) with the 
Secretary of Commerce, the Chief of Engineers, the 
Administrator of the Environmental Protection Agency, and other 
federal agencies that may have a role in permitting activities. 
Subsection (b)(2) requires the Secretary of the Interior to 
request that the Governor of Alaska sign the MOU.
    Subsection (c) requires that not later than 30 days after 
the signing of the MOU, each federal agency is to assign, if 
appropriate, an employee to the coordination office to be 
responsible for all issues relating to the jurisdiction of the 
employee's home office or agency and to participate as part of 
a team of personnel working on proposed oil and gas permitting.
    Subsection (d) allows the Secretary to transfer funds to 
the participating federal agencies and the State of Alaska for 
purposes of permit coordination and processing.
    Subsection (e) sets forth a savings provision.
    Subsection (f) authorizes appropriations of $2,000,000 per 
year for each of fiscal years 2009 through 2019 to carry out 
the section.

Section 343. Moratorium of oil and gas leasing in certain areas of the 
        Gulf of Mexico

    Section 343(a) amends section 104 of the Gulf of Mexico 
Energy Security Act of 2006 by providing that effective during 
the period beginning on the date of enactment of the Act and 
ending on June 30, 2022, the Secretary shall not offer for 
leasing, preleasing, or any related activity any area in the 
Eastern Planning Area that is within 45 statute miles of the 
coastline of the State of Florida, except that the Secretary 
may offer for leasing any area in the Destin Dome or the 
Pensacola Area as described in the subsection.
    Subsection (b) amends section 12(d) of the Outer 
Continental Shelf Lands Act to require the Secretary of Defense 
to review annually areas of the OCS that have been designated 
as restricted from exploration and operations to determine 
whether the areas should remain under restriction, and make 
recommendations to the President based on the review.
    Subsection (c) requires that not later than 180 days after 
the date on which any necessary environmental analyses are 
completed under the National Environmental Policy Act of 1969, 
the Secretary of the Interior shall offer for leasing under the 
Outer Continental Shelf Lands Act in accordance with the 
completed environmental analyses any areas made available for 
leasing as a result of this subtitle. Notwithstanding the 
omission of the areas made available from the applicable 5-year 
plan, the areas shall be offered for leasing under this section 
in accordance with the completed environmental analyses.
    Subsection (d) makes a conforming amendment.

Section 344. Repeal of Outer Continental Shelf deep water and deep gas 
        royalty relief

    Section 344(a) repeals sections 344 and 345 of the Energy 
Policy Act of 2005, relating to royalty relief for production 
from certain ultra deep gas wells and certain deep water oil 
and gas production in the Gulf of Mexico.
    Subsection (b) provides that the Secretary of the Interior 
is not required to provide for royalty relief in the lease sale 
terms beginning with the first lease sale held on or after the 
date of enactment of this Act for which a final notice of sale 
has not been published.

                        PART III--MISCELLANEOUS

Section 351. Minerals Management Service

    Section 351 requires that any Director of the Minerals 
Management Service be appointed by the President, by and with 
the advice and consent of the Senate.

Section 352. Preservation of geological and geophysical data

    Section 352 amends section 351(k) of the Energy Policy Act 
of 2005 to extend the authorization for the National Geological 
and Geophysical Data Preservation Program through fiscal year 
2020.

Section 353. Alaska natural gas pipeline

    Section 353 amends section 116 of the Alaska Natural Gas 
Pipeline Act to allow a certificate holder to request the 
Secretary to extend the period to issue Federal guarantee 
instruments for up to 180 days following resolution of any 
proceeding relating to the certificate. The section increases 
the amount of the federal guarantee from $18,000,000,000 to 
$30,000,000,000. The section provides that an issued loan 
guarantee applies to not less than 80 percent of the project 
costs unless by previous consent of the borrower. The section 
relieves the Secretary of Energy of the statutory obligation to 
determine eligibility of lenders who issue the guaranteed loan, 
to make it consistent with Title 17 loan guarantees, which have 
no such requirement.

Section 354. Denali National Park and Preserve natural gas pipeline

    Section 354(a) defines terms used in the section.
    Subsection (b) authorizes the Secretary of the Interior to 
issue rights-of-way permits for a high-pressure natural gas 
transmission pipeline in non-wilderness areas within the 
boundary of Denali National Park within, along, or near the 
approximately 7-mile segment of the George Parks Highway that 
runs through the Park and for any distribution and transmission 
pipeline including appurtenances that the Secretary determines 
to be necessary to provide natural gas supply to the Park.
    Subsection (c) sets forth terms and conditions of the 
permit, including requirements that it must comply with 
applicable regulations, the Alaska National Interest Lands 
Conservation Act and National Environmental Policy Act.

Section 355. Exemption of Trans-Alaska Oil Pipeline System from certain 
        requirements

    Section 355 adds a new section 208 to the Trans-Alaska 
Pipeline Authorization Act to provide that no part of the 
trans-Alaska oil pipeline shall be considered to be a district, 
site, building, structure, or object for purposes of section 
106 of the National Historic Preservation Act (16 U.S.C. 470f), 
regardless of whether all or part of the pipeline system may be 
listed on, or eligible for, the National Register of Historic 
Places. The new section 208(b) authorizes the Secretary of the 
Interior to identify up to 3 sections of the pipeline that 
shall be considered historic sites. In doing so, the Secretary 
shall consider the views of the pipeline owners, the State 
Historic Preservation Officer, the Advisory Council on Historic 
Preservation and the Federal Coordinator for Alaska Natural Gas 
Transportation Projects. The new section 208(c) provides that 
the owners of the trans-Alaska oil pipeline system may carry 
out construction, maintenance, restoration, or rehabilitation 
activities on or for a section of the system considered to be a 
historic site pursuant to this section.

Section 356. Procurement and acquisition of alternative fuels

    Section 356 amends section 526 of the Energy Independence 
and Security Act of 2007 to provide for three exceptions to the 
procurement guidelines for federal agencies laid out in that 
section. The exceptions are: (1) the contract does not require 
fuels from a nonconventional petroleum source, (2) the purpose 
of the contract is not to obtain fuel from a nonconventional 
petroleum source, and (3) the contract does not provide 
incentive for a refinery expansion or upgrade to increase the 
use of nonconventional petroleum sources.

Section 357. Geologic materials archiving grant program

    Section 357(a) sets forth findings regarding the importance 
of storing and maintaining geologic materials.
    Subsection (b) establishes a grant program, administered by 
the Secretary of the Interior, to support States, State 
Geologic Surveys, or Regional Consortiums in building, 
maintaining, and operating facilities to store geologic 
materials. Entities must submit an application to the Secretary 
and agree to maintain any facility for at least 20 years. The 
maximum grant amount is $15,000,000.
    Subsection (c) authorizes appropriations of $100,000,000 to 
carry out the section.

          SUBTITLE E--PUBLIC LAND RENEWABLE ENERGY DEPLOYMENT

Section 361. Renewable energy Federal permit coordination

    Section 361 adds a new subsection (k) to section 365 of the 
Energy Policy Act of 2005 to require the Secretary of the 
Interior to designate one field office in each of the States of 
Alaska, Arizona, California, Colorado, Idaho, Oregon, New 
Mexico, Nevada, Montana, Utah, Washington, and Wyoming, to 
serve as a renewable energy project office for coordination of 
federal permits for authorizations for renewable energy, 
defined as energy derived from a wind, solar, or geothermal 
source, on federal lands.
    New section 357(k)(3) provides that within 90 days after 
the date of enactment the Secretary is to enter into an amended 
memorandum of understanding to provide for the inclusion of the 
additional Renewable Energy Pilot Project Offices in the Pilot 
Project. Paragraphs (4) and (5) of the new subsection (k) 
provide for the assignment of employees of signatory federal 
agencies and participating states to the coordination offices. 
Subsection (k)(6) authorizes the Secretary of the Interior to 
transfer funds to participating federal agencies and states in 
order to coordinate and process renewable energy authorizations 
on federal land. Subsection (k)(7)(A) provides that the federal 
share of any royalties, fees, rentals, bonus bids, or other 
payments from wind or solar development on federal lands shall 
be deposited in a special fund in the Treasury to be known as 
the ``BLM Wind and Solar Energy Permit Processing Fund''. 
Subsection (k)(7)(B) authorizes appropriations from the Fund 
(or the General Treasury to the extent amounts are not 
available in the Fund), of $10 million per year for each of 
fiscal years 2009 through 2019 for purposes of carrying out the 
section.

Section 362. Extension of funding for implementation of Geothermal 
        Steam Act of 1970

    Section 362 amends section 234 of the Energy Policy Act of 
2005 to provide that through fiscal year 2020, amounts received 
by the United States as geothermal rentals, royalties and other 
payments (excluding amounts required to be paid to state and 
county governments) shall be deposited into a separate account 
in the Treasury. Under current law, through fiscal year 2010, 
these amounts are available without further appropriation. As 
amended by section 362, starting in fiscal year 2011, these 
amounts shall be available to the Secretary of the Interior, 
subject to appropriation, to implement the Geothermal Steam Act 
and the Energy Policy Act of 2005.

Section 363. Programmatic environmental impact statements and land use 
        planning

    Section 363(a) requires the Secretary of the Interior to 
complete a programmatic environmental impact statement (PEIS) 
in accordance with the National Environmental Policy Act of 
1969 within 1 year of the date of enactment of the Act to 
analyze the impacts of a program to develop solar energy on 
land administered by the Bureau of Land Management and any 
necessary land use plan amendments. Subsection (b) requires the 
Secretary of Agriculture to complete a PEIS within 18 months 
after the date of enactment of this Act analyzing the impacts 
of a program to develop solar and wind energy on National 
Forest System land administered by the Secretary and any 
necessary land use plan amendments. Subsections (a) and (b) 
require the Secretaries to amend any land use plans as 
appropriate to provide for the development of renewable energy 
in areas considered appropriate by the respective Secretaries. 
Subsection (c) provides that the requirement for completion of 
PEISs under this section shall not result in any delay in 
processing applications for wind or solar energy development.

Section 364. Report

    Section 364(a)(1) requires, not later than 180 days after 
the date of enactment, the Secretary of the Interior, in 
consultation with the Secretary of Agriculture, to enter into 
an arrangement with the National Academy of Sciences to conduct 
a study on the siting, development, and management of projects 
for the development of wind and solar projects on land 
administered by the Bureau of Land Management and the Forest 
Service. Paragraph (2) requires the study to address and make 
recommendations regarding the effectiveness of laws in 
facilitating the development of wind and solar energy, ensuring 
that the public receives fair market value, discouraging 
speculation, requiring best management practices, the 
advantages and disadvantages of using rights-of-way and a 
competitive or noncompetitive leasing program for wind or solar 
development, and other matters as specified.
    Subsection (b) requires that the study analyze the matters 
and make recommendations as specified.
    Subsection (c) requires the National Academy of Sciences to 
submit its study to the Secretaries of the Interior and 
Agriculture not later than 18 months after enactment and to 
make the study available to the public.
    Subsection (d) requires the Secretary of the Interior, in 
consultation with the Secretary of Agriculture, to submit to 
Congress a report, containing the items specified, on the 
findings and recommendations of the study not later than 180 
days after receiving the report.

Section 365. Renewable energy development on brownfield sites

    Section 365(a) defines terms used in the section.
    Subsection (b) requires the Secretary of Energy, in 
conjunction with the Administrator of the Environmental 
Protection Agency, and in partnership with the National 
Renewable Energy Laboratory, to identify opportunities to 
prioritize renewable energy development on brownfield sites and 
provide resources and technical assistance as specified.
    Subsection (c) requires the Secretary and the 
Administrator, not later than 1 year after the date of 
enactment, to submit to Congress a report including the matters 
specified.
    Subsection (d) requires the Secretary in conjunction with 
the Administrator to conduct regional stakeholder forums.
    Subsection (e) states that the section does not affect 
existing federal efforts to promote the reuse and redevelopment 
of brownfield sites.
    Subsection (f) authorizes appropriations.

Section 366. Development of solar and wind energy on public land

    Section 366(a) defines terms used in the section.
    Subsection (b) requires the Secretary of the Interior not 
later than 180 days after the date of enactment to establish a 
wind and solar leasing pilot program, under which the Secretary 
is to select 4 sites as specified to offer for competitive 
leasing to qualified bidders with lease terms and conditions 
considered appropriate by the Secretary. Paragraph (4) requires 
the Secretary to comply with all applicable environmental and 
other laws. Paragraph (5) requires the Secretary to compile a 
report of the results of each lease sale. Paragraph (6) 
provides that, during the pendency of the pilot program, the 
Secretary is to continue to issue rights-of-way for other 
available sites in accordance with authority in effect on the 
date of enactment.
    Subsection (c) requires that not later than 30 months after 
the date of enactment, the Secretary is to make a determination 
as to whether to establish a leasing program under this section 
for wind or solar energy using the criteria specified. In 
making the determination, the Secretary is to consult with 
heads of Federal agencies, states and tribes, representatives 
of the solar and wind industries, representatives of the 
environmental and conservation community, and the public. The 
Secretary is to consider the results of the report required by 
section 364 and the results of the pilot program. The Secretary 
is to issue regulations not later than 180 days after a 
decision to establish a leasing program. If the Secretary 
determines that a leasing program should not be established, 
the Secretary shall submit a report to Congress not later than 
60 days after the determination describing the reasons for the 
determination.
    Subsection (d) provides for the transition to a leasing 
program in the event the Secretary determines that a leasing 
program should be established.
    Subsection (e) requires that any leasing program conform to 
the requirements of subsections (f) through (l).
    Subsection (f) sets forth the general rule that leases for 
wind or solar energy development shall be issued on a 
competitive basis with a single round of bidding. The 
subsection also sets forth exceptions to the requirement for 
competitive leasing.
    Subsection (g) addresses payments to be made under the 
leasing program.
    Subsection (h) sets forth the requirements for eligibility 
to hold a lease.
    Subsection (i) sets forth additional requirements for 
activity under a leasing program.
    Subsection (j) provides that the Secretary is to establish 
requirements regarding certain lease terms and conditions.
    Subsection (k) provides that the Secretary shall require 
security and provide for reclamation and restoration of the 
area covered by a lease and require compliance with other 
requirements considered necessary by the Secretary.
    Subsection (l) provides that the Secretary shall provide 
for the payment of 5 percent of the revenues received by the 
Federal Government as a result of leasing or the issuance of 
rights-of-way for wind or solar development to the State within 
which the boundaries of the leased land or right-of-way are 
located.

                       SUBTITLE F--CARBON CAPTURE

Section 371. Large-scale carbon storage program

    Section 371 adds a new section 963A to the Energy Policy 
Act of 2005 to provide for financial and technical assistance 
for up to 10 large-scale carbon dioxide geologic storage 
demonstration projects.
    The new section 963A(a) defines key terms used in the 
section.
    Section 963A(b) directs the Secretary of Energy to carry 
out a program, in addition to the program already authorized 
under section 963 of the Energy Policy Act of 2005, to 
demonstrate the commercial application of long-term geologic 
storage of carbon dioxide from industrial sources.
    Section 963A(c) authorizes the Secretary to enter into 
cooperative agreements for up to 10 demonstration projects.
    Sections 963A(d) and (e) specify selection criteria, terms, 
and conditions for demonstration projects receiving assistance 
under section 963A, to ensure that certain requirements have 
been met and that the project will be conducted in a manner 
that minimizes the potential liability exposure of the Federal 
government under any indemnity provided pursuant to section 
963A(g).
    Section 963A(f) lays out the requirement for closure of 
demonstration project sites. Only after these requirements are 
met can title for the site, and responsibility for its long-
term stewardship, transfer to the Federal government. The 
criteria are science based, and must be met for a period of 10 
years, beginning after the carbon dioxide plume has come into 
equilibrium with the geological formation (as measured by 
pressure changes within the formation, for example). Thus, for 
example, if it takes 25 years for such equilibration to take 
place, then the earliest the land could move into post-closure 
would be 35 years after injection activities cease.
    Section 963A(g) authorizes the Secretary of Energy to 
indemnify large-scale demonstration projects from liability for 
personal, property, and environmental damages in excess of 
their insurance coverage or other financial protection that 
they may be required to maintain. Liability resulting from the 
project operator's intentional misconduct or gross negligence 
is expressly excluded. The Secretary is required to charge a 
fee for providing indemnification, in an amount that reflects 
the net present value of the payments that the Government may 
have to make, taking into account the likelihood of an incident 
requiring the Government to make indemnification payments. In 
addition, subsection (g) permits the Secretary to enter into 
indemnification agreements in advance of appropriations and 
authorizes the Attorney General to defend or settle claims 
against project operators if it is determined that the 
Government may have to make payments under the indemnity 
agreement. The Secretary is required to make a determination on 
project selection within one year of receiving each 
application. There is a limitation on the amount of 
indemnification for each demonstration project of 
$10,000,000,000 (adjusted every five years for inflation).
    Section 963A(h) allows projects under this section to be 
sited on Federal land, subject to relevant conditions by the 
Secretary of Agriculture or the Secretary of the Interior (with 
respect to lands under their jurisdiction).
    Section 963A(i) allows the Secretary of Energy to take 
title (or administrative transfer) of lands containing closed 
geological storage sites from the projects under this section, 
for long-term stewardship. It also includes mandatory spending 
to cover the costs associated with maintaining these sites for 
purposes of public health and safety protection, in perpetuity.
    Section 371(b) makes technical and conforming changes to 
section 963 of the Energy Policy Act of 2005 and sections 703 
and 704 of the Energy Independence and Security Act of 2007.

Section 372. Training program for state agencies

    Section 372 authorizes a grant program to provide State 
agencies involved in carbon storage projects to help train 
personnel in the regulatory and site managerial aspects of 
carbon storage.

                       SUBTITLE G--ISLAND ENERGY

Section 381. Affiliated island energy independence team

    Section 381 directs the Secretary of Energy, in 
consultation with the Secretary of the Interior and the 
Secretary of State, to establish a team of technical, policy 
and financial experts to address the energy needs of the eight 
U.S.-affiliated island jurisdictions.
    Subsection (c)(1)(A) directs the team to assist in the 
development and implementation of an Energy Action Plan for 
each island jurisdiction to reduce the reliance on imported 
fossil fuels through increased efficiency and the use of 
indigenous clean-energy resources. Subsection (c)(1)(B) 
requires that each Action Plan, among other things, provide 
for: studies to assess efficiency and clean-energy 
opportunities; the identification of the most cost-effective 
strategies and projects; education and training to improve 
local capacity to plan for, maintain, and operate the energy 
infrastructure; leveraging the expertise and resources of 
international entities, DOE, DOI, and regional utilities; and 
the identification, and development of research-based and 
private-public, partnerships to implement the Action Plan.
    Subsection (c)(2) requires the team to report annually to 
the Secretary. Subsection (d) requires the Secretary to 
consider including regional utility organizations in the team 
and providing assistance through regional utility 
organizations. Subsection (e) requires the Secretary to report 
annually to Congress. Subsection (e) authorizes appropriations 
to carry out the section.

         TITLE IV--ENERGY INNOVATION AND WORKFORCE DEVELOPMENT

                          SUBTITLE A--FUNDING

Section 401. Authorization

    Section 401 reauthorizes the research and development 
programs carried out by the Department of Energy under title IX 
of the Energy Policy Act of 2005 through fiscal year 2013. The 
current authorizations in title IX expire in fiscal year 2009.
    Subsection (a) authorizes appropriations for research, 
development, demonstration, and commercial application programs 
carried out by the Department of Energy's Office of Energy 
Efficiency and Renewable Energy (EERE) and by the Office of 
Electricity and Energy Reliability (OE). Although efficiency, 
renewable, and electricity programs were authorized separately 
in title IX of the Energy Policy Act of 2005, subsection (a) 
combines them in a single authorization.
    Subsection (b) authorizes appropriations for research, 
development, demonstration, and commercial application programs 
carried out by the Office of Nuclear Energy (NE).
    Subsection (c) authorizes appropriations for research, 
development, demonstration, and commercial application programs 
carried out by the Office of Fossil Energy (FE).
    Subsection (d) authorizes appropriations for research, 
development, demonstration, and commercial application programs 
carried out by the Office of Science (OS). The Office of 
Science continues a trajectory set out under the America 
COMPETES Act (Public Law 110-69) of doubling the authorization 
over seven years. The authorization assumes the normal 
appropriation cycle and does not take into account the American 
Recovery and Reinvestment Act of 2009 (Public Law 111-5).

            SUBTITLE B--GRAND CHALLENGES RESEARCH INITIATIVE

Section 411. Establishment

    Section 411 directs the Secretary to establish a ``Grand 
Challenges Research Initiative'' to integrate basic and applied 
energy research and development to overcome critical challenges 
in Energy through multi-disciplinary consortia which no one 
single investigator could accomplish. Such grand challenges are 
defined in annual reports by the Office of Science and energy-
related grand challenges by the National Academy of Sciences.

 SUBTITLE C--IMPROVEMENTS TO EXISTING ENERGY RESEARCH AND DEVELOPMENT 
                                PROGRAMS

Section 421. Amendments to Advanced Research Agency--Energy (ARPA-E)

    Section 421 amends section 5012 of the America COMPETES Act 
(42 U.S.C. 16538) to give contracting authority to ARPA-E 
separate from the Department and makes technical corrections to 
reporting requirements, and authorizes ARPA-E through fiscal 
year 2020.

Section 422. Domestic vehicle battery manufacturing research

    Section 422 amends the United States Energy Storage and 
Competitiveness Act of 2007 (42 U.S.C. 17231) to authorize a 
research program on battery manufacturing.

Section 423. Lightweight materials research and development

    Section 423 amends section 651 of the Energy Independence 
and Security Act (42 U.S.C. 17241) to accelerate the 
development of composite and ceramic and other lightweight 
materials to make automobiles energy efficient by increasing 
the authorization from $80,000,000 to $100,000,000 annually.

Section 424. Amendments to the Methane Hydrate Research and Development 
        Act of 2000

    Section 424 amends section 2 of the Methane Hydrate 
Research and Development Act of 2000 (30 U.S.C. 2001) to expand 
the existing program to include research in the areas of 
environmental impacts of methane hydrate degassing and 
exploration and authorizes further production tests in the 
field. The program is reauthorized through 2015.

Section 425. Programs to exploit low BTU gas and conserve helium 
        resources

    Section 425 creates a new program to focus on developing 
new separation technologies for the extraction of helium from 
stranded low BTU gas to further the goal of increased 
production of low BTU gas throughout the United States. The 
section also establishes a new industrial helium program within 
the Department of Energy to focus on recycling and reuse of 
helium for industrial applications.

Section 426. Office of Arctic Energy

    Section 426(a) adds a new section 218 to the Department of 
Energy Organization Act to reestablish the Office of Arctic 
Energy and expand its role to include research in the areas of 
alternative energy research, including wind, geothermal, fuel 
cells, biomass, ocean hydrokinetic energy, and solar energy. 
Subsection (b) repeals the current authorization of the Office 
in section 3197 of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001.

Section 427. Ultra-Deepwater and Unconventional Natural Gas and Other 
        Petroleum Resources Program

    Section 427 amends subtitle J of title IX of the Energy 
Policy Act of 2005 relating to the Unconventional Domestic 
Natural Gas and Other Petroleum Resources Program. Subsection 
(a) amends section 999A(a) of the Energy Policy Act to give the 
program an official name.
    Subsection (b) adds a new subsection 999A(e) to clarify the 
purposes of the program. Subsection (c) amends section 999B(e) 
to require the Secretary to submit the annual plan required by 
that section be submitted by February 1 of each year. 
Subsection (d) adds a new paragraph to section 999B(f) to 
authorize the program consortium to make awards in the form of 
grants, contracts, cooperative agreements, or other 
transactions. Subsection (e) amends section 999F to terminate 
the program on September 30, 2017, rather than 2014. Subsection 
(f) amends the definition of program administration funds in 
section 999G(3) to limit administrative spending not more than 
$4 million. Subsection (g) amends section 999H(e) to increase 
the authorization of appropriations from $100 million to $350 
million.

                SUBTITLE D--ENERGY WORKFORCE DEVELOPMENT

Section 431. Best practices for energy career academies

    Section 431 amends section 3161 of the Department of Energy 
Science and Education Enhancement Act (42 U.S.C. 7381a) to 
establish energy career academies in public secondary schools 
within the energy related fields defined as ``Skilled Technical 
Personnel'' as found in section 1101 of the Energy Policy Act 
of 2005 (42 U.S.C. 16411), either through entry level positions 
or apprenticeships.

Section 432. Energy career academies

    Section 432 establishes a grant program to State 
departments of education for energy career academies at public 
secondary schools using primarily non-federal funding sources. 
Specific grant criteria include how the State department of 
education will partner with the DOE, industry, community 
colleges and other entities with workforce experience. The 
grants must be widely distributed on a geographic basis.

Section 433. Energy utilities trades program

    Section 433 adds a new section 5006 to the Protecting 
America's Competitive Edge Through Energy Act (42 U.S.C. 16531) 
to establish an electric utility trades grant program to expand 
and enhance the educational capabilities of community colleges 
to prepare students for careers in trades relevant to the 
electric utility industry. Criteria include the ability for 
hands-on learning opportunities in the electric utility sector, 
partnering with high schools and industry and sustainability 
absent federal funding.

Section 434. Student awareness of energy career opportunities

    Section 434 amends section 1101 the Energy Policy Act of 
2005 (42 U.S.C. 16411) to enhance the ability of guidance 
counselors at secondary schools and career development offices 
at community colleges and institutions of higher education for 
outreach on energy related workforce trends and opportunities. 
As amended, section 1101 directs the Secretary of Energy, in 
consultation with the Secretary of Labor, to provide 
information on careers in energy technology industries through 
the so-called Federal Trio programs under the Higher Education 
Act, the Gaining Early Awareness and Readiness for 
Undergraduate Program under the Higher Education Amendments Act 
of 1998, or similar programs.

Section 435. Coordination of workforce training

    Section 435 directs the Director of the Office of Science 
and Technology Policy to submit to Congress a coordinated plan 
outlining the various energy related training programs across 
the federal government with a 5-year integrated funding 
profile.

Section 436. Direct hire authority

    Section 436(a) authorizes the Secretary of Energy to hire 
highly qualified scientists, engineers, or critical technical 
personnel into the competitive service without regard to 
certain hiring provisions of the civil service laws in the 
event of a severe shortage of candidates or a critical hiring 
need for particular positions.
    Subsection (b) provides that the so-called ``direct hire'' 
authority under subsection (a) will not apply to positions in 
the excepted service or the Senior Executive Service.
    Subsection (c) requires the Secretary to comply with the 
merit principles of section 2301 of title 5, United States 
Code, and the public notice requirements of section 3327 of 
title 5, United States Code, in exercising direct hire 
authority under subsection (a).
    Subsection (d) terminates the Secretary's direct hire 
authority two years after the date of enactment of the Act.

Section 437. Critical pay authority

    Section 437(a) authorizes the Secretary of Energy to 
appoint individuals to certain critical positions needed to 
carry out the functions of the Department of Energy and to fix 
their rate of pay without regard to critical pay provision in 
section 5377 of title 5, United States Code, or the pay 
provisions of chapters 51 and 53 of title 5, United States 
Code.
    Subsection (b) limits the critical pay authority afforded 
by subsection (a) to not more than 40 critical positions at one 
time, limits the term of an appointment to not more than four 
years, limits the highest annual compensation payable under the 
section to the amount of the annual salary of the Vice 
President of the United States.
    Subsection (c) requires the Secretary to provide Congress a 
list of each person appointed under the section each year.

Section 438. Rehire authority

    Section 438(a) authorizes the Secretary of Energy to rehire 
retired employees of the Department of Energy to carry out a 
critical function of the Department for which other suitably 
qualified candidates without impacting their retirement 
annuity, notwithstanding regulations of the Office of Personnel 
Management relating to the reemployment of civilian retirees.
    Subsection (b) provides certain limitations on the use of 
the authority afforded by subsection (a).
    Subsection (c) limits the term of employment of any person 
rehired under subsection (a) to not more than two years, with 
an additional two-year extension under exceptional 
circumstances.

Section 439. Sustainable energy training program

    Section 439 authorizes a program of workforce training and 
education in energy related technologies at community colleges 
as defined by section 101(a) of the Higher Education Act of 
1965 (20 U.S.C. 1001(a)).

  SUBTITLE E--STRENGTHENING EDUCATION AND TRAINING IN THE SUBSURFACE 
           GEOSCIENCES AND ENGINEERING FOR ENERGY DEVELOPMENT

Section 451. Definitions.

    Section 451 defines terms used in the subtitle.

Section 452. Policy

    Section 452 establishes a policy to maintain and expand the 
human capital needed to preserve and foster the security of 
economically viable clean energy, ground water, and mineral 
resources through financial assistance for science and 
technology programs.

Section 453. Research personnel and programs

    Section 453 directs the Secretary of the Interior to 
provide research funds to institutions of higher education to 
assist education and research with the objective of increasing 
undergraduate and graduate enrollments in the subsurface 
geosciences, engineering and supporting disciplines. The 
emphasis of this program will be on applied research, supported 
by basic research necessary to achieve scientific and 
engineering breakthroughs.

Section 454. Scholarships and fellowships

    Section 454 makes available funding to institutions of 
higher education for merit-based undergraduate and graduate 
scholarships and fellowships in subsurface geosciences and 
engineering programs. Acceptance of these awards requires a 
commitment by the recipient to continue in the program and 
maintain good academic standing.

Section 455. Career technical and community college education

    Section 455 provides support for community college 
subsurface geoscience and engineering programs. At present 9 
percent of Masters students and 4 percent of Doctoral students 
in the geosciences also possess an Associates degree conferred 
by a community college.

Section 456. Use of funds by institutions

    Section 456(a) requires appropriate cost-sharing for 
applied research, but not for basic or fundamental research. 
Subsection (b) prohibits the use of program funds to purchase 
or lease real property, or for the purchase, lease, 
construction, preservation, or repair of any building. 
Subsection (c) permits the use of program funds to maintain or 
upgrade laboratories and equipment related to the funded 
research, with the approval of the Secretary, and for the 
maintenance and upgrading of certain mines, oil and gas 
drilling rigs, and other equipment used for training.

Section 457. Advisory committee

    Section 457 directs the Secretary of the Interior to 
establish an Advisory Committee on Geosciences and 
Geoengineering Education to be chaired by the Deputy Secretary 
of the Interior.

Section 458. Office; Regulations

    Section 458 directs the Secretary of the Interior to 
establish a separate office within the Department of the 
Interior to administer the program within one year after the 
date of enactment of the Act to administer the program.

Section 459. Authorization of appropriations

    Section 459 authorizes $200,000,000 to be appropriated to 
carry out the subtitle in each of fiscal years 2010 through 
2020.

Section 460. Study of availability of skilled workers

    Section 460 amends section 1830 of the Energy Policy Act of 
2005 for a study on the short and long-term availability of 
skilled energy workers.

                       SUBTITLE F--MISCELLANEOUS

Section 471. Other transactions authority

    Section 471 amends 646(g) of the Department of Energy 
Organization Act (42 U.S.C. 7256(g)) to permit the Secretary to 
enter into other transactions with innovative non-traditional 
contractors or entities who would not normally work with the 
government. Such transactions shall be competitive and merit 
based. The Secretary is authorized to protect information from 
these transactions for a period of up to 5 years. Standard 
Departmental cost sharing applies with the requirement that 
awards shall be delegated by the Secretary to officers of the 
Department who are appointed by the President with the advice 
and consent of the Senate.

Section 472. Technical correction

    Section 471 updates section 2 of the Energy Policy Act of 
2005 (42 U.S.C. 15801(3)) to change the name of the Stanford 
Linear Accelerator Center to the ``SLAC National Accelerator 
Laboratory''.

Section 473. Protection of results

    Section 473 authorizes the Secretary of Energy to protect 
proprietary data that results from any transaction entered into 
by the Secretary under title IV (or any amendment made by title 
IV).

Section 474. Marine and hydrokinetic renewable energy research and 
        development

    Section 474 adds systems engineering, technology transfer, 
and standards development to section 633 of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 7212), which 
addresses research and development for marine and hydrokinetic 
renewable energy systems; authorizes a program to test and 
evaluate to verify performance, reliability, maintainability, 
and cost of emerging technologies and designs in marine and 
hydrokinetic systems; and authorizes a program to collect 
environmental effects data during demonstration and deployment 
of marine and hydrokinetic renewable energy systems; which will 
be necessary as the technology advances and is deployed in 
larger numbers.

                        TITLE V--ENERGY MARKETS

Section 501. Enhanced information on critical energy supplies

    Section 501 amends section 205 of the Department of Energy 
Organization Act to add three new requirements for the Energy 
Information Administration to: (1) collect data on the physical 
oil assets owned by the 50 largest traders of oil, as 
determined by the Commodity Futures Trading Commission; (2) 
collect data quantifying the commercial storage capacity for 
oil and natural gas in the United States; and (3) create a new 
Financial Market Analysis Office, which is responsible for 
analysis of the financial aspects of energy markets.

Section 502. Working Group on Energy Markets

    Section 502(a) establishes a working group on energy 
markets.
    Subsection (b) provides that the working group is to 
consist of the Secretaries of Energy and the Treasury, the 
Chairmen of the Federal Energy Regulatory Commission, the 
Federal Trade Commission, the Securities and Exchange 
Commission, and the Commodity Futures Trading Commission, and 
the Administrator of Energy Information Administration.
    Subsection (c) provides that the Secretary of Energy will 
chair the working group.
    Subsection (d) provides that the members of the working 
group serve without additional compensation for their work on 
the working group.
    Subsection (e) sets forth the purpose and functions of the 
working group.
    Subsections (f), (g), and (h) contain administrative 
provisions.

Section 503. Study of regulatory framework for energy markets

    Section 503 requires the working group established in 
section 502 study and report to Congress on the formation of 
oil prices, the regulatory structure for oil markets, and the 
degree to which regulatory changes have contributed to price 
formation.

Section 504. Metadata formats for energy prices

    Section 504(a) states the purpose of the section. 
Subsection (b) expands the Department of Energy's Tariff 
Analysis Project. Subsection (c) directs the Secretary of 
Energy and the Federal Energy Regulatory Commission to: (1) 
develop a metadata format for electric utility tariffs; (2) 
assist the States in implementing meta-data formats; (3) 
develop an online database and associated procedures and 
supporting software for compiling and publishing in electronic 
format tariff data and associated metadata formats.

Section 505. Emergency orders under the Federal Power Act

    Section 505 amends section 202 of the Federal Power Act to 
give the Federal Energy Regulatory Commission authority to 
order the temporary suspension or modification of any rate, 
term, or condition of service on file with the Commission in an 
emergency if necessary to ensure reliable service or protect 
electric consumers from potential abuse of market power or 
market manipulation in wholesale electric markets regulated by 
the Commission. It defines an ``emergency'' to mean a 
substantial disruption of service, or threat thereof, or a 
sudden and excessive price fluctuation in wholesale electric 
markets regulated by the Commission; limits emergency orders to 
an initial period of not more than 10 days, which can be 
extended for additional periods of not more than 10 days, up to 
a total period of not more than 30 days; provides for judicial 
review of emergency orders in the United States Courts of 
Appeals pursuant to section 313(b) of the Federal Power Act; 
and permits the President to order the Commission to terminate 
an emergency order. Section 505 is modeled after section 12(k) 
of the Securities Exchange Act of 1934 (15 U.S.C. 78l(k)).

Section 506. Cease-and-desist authority under the Federal Power Act

    Section 506 amends section 222 of the Federal Power Act to 
give the Federal Energy Regulatory Commission authority to 
issue cease and desist orders. Under section 222(c) of the 
Federal Power Act, as added by section 506, the Commission is 
authorized to order an entity to cease and desist from a 
violation of the Commission's market manipulation rules under 
section 222(a) of the Federal Power Act, after notice and an 
opportunity for a hearing, and upon a proper showing that the 
entity has violated a market manipulation rule and that there 
is a likelihood of future violations in the absence of an 
order. In addition, section 222(d) permits the Commission to 
issue temporary cease and desist orders and order an entity to 
take actions to prevent dissipation or conversion of assets, 
significant harm to electric consumers, or substantial harm to 
the public interest if it finds that a violation of a market 
manipulation rule is likely to result in significant 
dissipation or conversion of assets, significant harm to 
electric consumers, or substantial harm to the public interest. 
The Commission may issue temporary orders without a hearing if 
it determines that notice and hearing prior to entry would be 
impracticable or contrary to the public interest (as those 
terms have been interpreted under the ``good cause'' exception 
in section 553(b)(B) of title 5, United States Code). 
Paragraphs (4) and (5) of section 222(d) provide that temporary 
orders are subject to review by the Commission and the United 
States district courts.

Section 507. Cease-and-desist authority under the Natural Gas Act

    Section 507 amends section 4A of the Natural Gas Act to 
give the Federal Energy Regulatory Commission authority to 
order entities to cease and desist from violations of the 
Commission's market manipulation rules under section 4A of the 
Natural Gas Act and to issue temporary orders to prevent the 
dissipation or conversion of assets. The amendments to the 
Natural Gas Act made by section 507 mirror the amendments to 
the Federal Power Act made by section 506. Both section 506 and 
section 507 are modeled on the authority Congress has 
previously granted the Securities and Exchange Commission under 
section 8A of the Securities Act of 1933 (15 U.S.C. 77h-1) and 
section 21C of the Securities Exchange Act of 1934 (15 U.S.C. 
78u-3).

Section 508. De novo review of civil penalties under the Natural Gas 
        Act

    Section 508 clarifies that a civil penalty assessed by the 
Federal Energy Regulatory Commission pursuant to section 22 of 
the Natural Gas Act, like a civil penalty assessed by the 
Commission pursuant to section 316A of the Federal Power Act, 
is subject to de novo review in the United States district 
courts, rather than review under the substantial evidence 
standard in the United States Courts of Appeals. Section 508 
clarifies that de novo review is available under section 22 of 
the Natural Gas Act by adding the same cross reference to the 
de novo review authority in section 31(d) of the Federal Power 
Act (governing civil penalties under the hydroelectric power 
provision of the Federal Power Act) that is found in section 
316A of the Federal Power Act. Without the reference to section 
31(d), the Commission has taken the position that the Natural 
Gas Act does not allow de novo review in the district court.

                   TITLE VI--POLICY STUDY AND REPORTS

Section 601. Helium gas resource assessment

    Section 601 directs the Secretary of the Interior, within 
two years after the date of enactment of the Act, to conduct a 
national assessment of proven and probable helium resources 
that occur naturally within oil and gas reservoirs.

Section 602. Potash mineral resource assessment

    Section 602(a) directs the Secretary of the Interior to 
conduct an assessment, within two years after the date of 
enactment of the Act, to determine the quantity and grade of 
potash deposits in the United States.
    Subsection (b) authorizes the Secretary, as part of the 
assessment required under subsection (a), to conduct a drilling 
program to supplement the geological data that is needed to 
make a determination as to the existence of potash. Subsection 
(c) directs the Secretary, in consultation with the National 
Academies, to review the current methodology used to determine 
reserves of potash and provide recommendations for updating the 
existing methodology using the best available technology.
    Subsection (d) requires the Secretary to submit a report on 
the results of the assessment; and subsection (e) authorizes 
appropriations for the assessment.

Section 603. Better energy strategy for tomorrow

    Section 603 amends the Department of Energy Organization 
Act to require that future energy plans consider and analyze 
Federal policies that encourage domestic energy production, 
energy efficiency in the U.S., atmospheric greenhouse gas 
reduction, and the reduction of air pollutants. The National 
Academy of Sciences is also directed to assist in the 
preparation and review of any future proposed energy plans that 
are created under the DOE Organization Act.

Section 604. Addressing climate change in India and China

    Section 604 requires the Secretary of Energy, in 
consultation with the heads of appropriate Federal departments 
and agencies, to prepare an interagency report on climate 
change and energy policy in China and India. The report shall 
include national plans, policies, programs, laws, regulations, 
incentives and other measures that could result in reductions 
in energy use and greenhouse gas emissions. Not later than 6 
months after the date of enactment, the Secretary shall submit 
the report to Congress.

Section 605. Carbon leakage mitigation study

    Section 605 requires the Secretary of Energy, in 
consultation with the heads of appropriate Federal departments 
and agencies, to conduct a study that characterizes the 
relative risk of carbon leakage and changes in output and 
investment in the United Sates industrial sectors caused by 
potential cap-and-trade program implementation in the Unites 
States. The Secretary is also directed to conduct a study 
evaluating the impact of potential measures, such as emission 
allowance allocation, border tax adjustments, or other 
measures, to prevent carbon leakage resulting form a cap-and-
trade program. The first study is to be completed within 180 
days of enactment. The second study is to be completed within 
180 days following the completion of the first study.

Section 606. Study of foreign fuel subsidies

    Section 606 requires the Secretary of Energy, in 
consultation with the Secretaries of State and Commerce, to 
conduct a study and report to Congress on the impact of foreign 
fuel subsidies. Not later than 18 months after enactment, the 
Secretary shall submit a report on the impacts of foreign fuel 
subsidies on global energy supply and demand, and the global 
economy. The report shall also recommend actions that should be 
taken to minimize these impacts.

Section 607. Assessment of renewable energy resources

    Section 607 amends section 201(b) of the Energy Policy Act 
of 2005. As amended, section 201(b) will require the Secretary 
of Energy, as part of the annual assessment of renewable energy 
resources he is currently required to perform, to assess the 
quantity of biomass needed for thermal applications, biofuels, 
and biomass-based electricity; the highest efficiency energy 
use of biomass resources; and the requirements and costs 
associated with the deployment for each of these applications; 
and to estimate the market penetration for each renewable 
energy resource that could be accomplished by 2030 by 
investigating multiple scenarios.

Section 608. Efficiency review of electric generation facilities

    Section 608 requires the Secretary of Energy to complete an 
efficiency review to quantify the efficiencies of, and annual 
emissions from, electric generation facilities in the United 
States. The Secretary is required to complete the review within 
120 days after the date of enactment. Subsection (c) requires 
the Secretary to submit a report to the relevant committees of 
Congress within 120 days of completion of the assessment, 
identifying, among other things, the technologies that may be 
deployed to increase the efficiency of the electric generation 
facilities and any obstacles that could impede the deployment 
of those technologies.

Section 609. Report on emissions of alternative transportation fuels

    Section 609 requires the Secretary of Energy, in 
cooperation with the Administrator of the Environmental 
Protection Agency, the Secretary of Defense, the Administrator 
of the Federal Aviation Administration, and the Secretary of 
Health and Human Services, to carry out a research and 
development program focused on evaluating the emissions from 
the use of alternative transportation fuels, and to evaluate 
the effect of using alternative transportation fuels on air 
quality and public health. It requires the Secretary to file an 
interim report within 6 months after the date of enactment, and 
a final report within one year after the date of enactment.

Section 610. Oil savings

    Section 610 (a) makes four findings related to the negative 
economic and national security implications of U.S. dependence 
on foreign oil.
    Subsection (b) states that it is the policy of the United 
States to reduce its dependence on foreign oil.
    Subsection (c)(1) requires the Secretary to submit a report 
to Congress describing options for agency actions that would 
reduce forecasted U.S. oil consumption by specified volumes 
between 2016 and 2030. Paragraph (1) requires the report to 
analyze the expected oil savings from increases in Corporate 
Average Fuel Economy and the Renewable Fuel Standard, as 
enacted in 2007, to determine whether options identified by the 
study combined with savings attributable to the 2007 policies 
are sufficient to realize the reduction of the specified 
volumes between 2016 and 2030. Paragraph (2) requires the 
report to be consistent with the policy statement of paragraph 
(b), include only options directly related to reduced oil 
consumption, include a description of the advantages and 
disadvantages for each option, and not include options that 
would increase lifecycle greenhouse gas emissions.
    Subsection (d) requires the Secretary to submit annual 
reports to Congress quantifying oil saved by measures 
implemented in the previous year.
    Subsection (e) stipulates that nothing in the section 
affects the authority provided or responsibility delegated 
under any other law.

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the Internet 
at www.cbo.gov.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of Rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out the American Clean Energy Leadership Act.

Economic impacts

    Section 132 of the bill establishes a renewable electricity 
standard on an estimated 300 electricity utilities that sell 
electricity to electric consumers (including an estimated 240 
investor-owned utilities, 60 State or municipally owned 
utilities, and 5 cooperatives), which will require the 
utilities to submit to the Secretary of Energy renewable energy 
credits obtained either by purchase or by generating 
electricity from renewable energy sources, or by paying 
alternative compliance payments. Compliance with the renewable 
electricity standard may increase the cost paid by some 
electric utilities to generate or purchase electricity, which 
they may pass through to their consumers in their retail 
electric rates. Section 132 caps any such cost increases at 2.1 
cent per kilowatt-hour (adjusted for inflation) through an 
alternative compliance mechanism, and at not more than 4 
percent per retail customer in any year. Section 132 further 
limits any cost increase by enabling utilities to satisfy part 
of the requirement through efficiency improvements, and to 
obtain waivers and variances. In addition, the Committee 
expects any cost increases to be offset, in whole or in part, 
by reducing demand for conventional energy sources, and by the 
use of alternative compliance payments to make direct grants to 
electric consumers and invest in energy efficiency.
    Section 222 amends the existing Energy Star energy 
efficiency labeling program to require manufacturers wishing to 
participate in the program to demonstrate compliance with 
Energy Star performance criteria. Demonstration of compliance 
is likely to impose some additional expense on manufacturers 
participating in the program, but participation is voluntary, 
and section 222 authorizes the Secretary of Energy and the 
Administrator of the Environmental Protection Agency, which 
jointly administer the program, to exempt products from the 
requirement if the burdens of verifying product performance 
substantially exceed the benefits.
    Sections 224 through 227 amends title III of the Energy 
Policy and Conservation Act to impose energy efficiency 
standards on certain light fixtures, lamp sockets, light bulbs, 
and commercial furnaces under the Department of Energy's 
existing regulatory program. Although these sections may impose 
an additional regulatory burden on manufacturers, importers, 
and sellers of these products, the Committee does not expect 
the incremental regulatory impact for these products to be 
different in kind or degree from the impact of meeting 
efficiency standards on similar products already covered by 
title III of the Energy Policy and Conservation Act.
    Section 241 requires the International Code Council and the 
American Society of Heating, Refrigerator and Air-Conditioning 
Engineers to update the national model building energy codes 
and standards at least every three years, but the Committee 
does not expect the new requirement to require them to revise 
their codes faster or more frequently than they otherwise 
would.
    Section 296 requires the Federal Energy Regulatory 
Commission to establish a uniform national standard by which 
every electric utility must, upon request, connect small power 
production facilities of 15 kilowatts or less (such as rooftop 
solar panels) owned by any electric consumers it serves to the 
utility's electric distribution system. This requirement may 
impose additional burdens on utilities that do not now provide 
interconnection service to their customers voluntarily, in the 
15 States that do not now require interconnection service as a 
matter of State law, and it may alter in some degree the 
burdens on utilities in the 35 States that already have state 
interconnection requirements.
    Finally, section 301 authorizes the Secretary of Energy and 
the Federal Energy Regulatory Commission to impose temporary 
emergency requirements on the operators of critical electric 
infrastructure to protect the nation's electrical 
infrastructure from cyber attack. The Committee expects any 
economic burden occasioned by the requirements to be more than 
offset by the damage to the electric grid and the disruption to 
the national economy that will be avoided by such emergency 
measures.

Personal privacy

    No personal information would be collected in administering 
programs authorized under the bill. Therefore, there would be 
no impact on personal privacy.

Paperwork requirements

    Implementation of the renewable electricity standard under 
section 132 will involve the operation of a credit trading 
program, which will require electric utilities to keep records 
and report information to the Department of Energy.
    Some additional paperwork and recordkeeping will also be 
required of companies manufacturing, importing, or selling 
appliances and equipment subject to efficiency standards under 
sections 224 through 227, contractors certified to retrofit 
homes under the State energy efficiency retrofit program under 
section 262, and companies participating in the Energy Star 
program under section 222, the Electric Motor Rebate Program 
under section 228, and the Electric Motor Market Assessment 
Program under section 231.
    In addition, the bill requires the Environmental Protection 
Agency to establish a voluntary energy performance information 
program for buildings, urges the Secretary of Energy to improve 
the existing Commercial Buildings Energy Consumption Survey, 
and directs the Energy Information Administration to collect 
additional information about oil inventories and storage and 
transportation capacity from the 50 largest oil traders.
    The Committee does not expect any of the bill's 
information-collecting requirements to impose substantial 
additional paperwork or recordkeeping burdens, in either time 
or financial cost, on private industry or individuals.

                   Congressionally Directed Spending

    The bill, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in Rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    Executive communications on the original bill have not been 
received.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as ordered reported, are shown as follows (existing 
law proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

             Table of Existing Laws Proposed To Be Changed

    1. Mineral Leasing Act, Act of February 25, 1920, chapter 
85, as amended
    2. Federal Power Act, Act of June 10, 1920, chapter 285, as 
amended
    3. Natural Gas Act, Act of June 21, 1938, chapter 556, as 
amended
    4. Outer Continental Shelf Lands Act, Act of August 7, 
1953, chapter 345, as amended
    5. Geothermal Steam Act of 1970, Public Law 91-581, as 
amended
    6. Trans-Alaska Pipeline Authorization Act, Public Law 93-
153, as amended
    7. Energy Policy and Conservation Act, Public Law 94-63, as 
amended
    8. Energy Conservation and Production Act, Public Law 94-
385, as amended
    9. Department of Energy Organization Act, Public Law 95-91, 
as amended
    10. Inspector General Act of 1978, Public Law 95-452, as 
amended
    11. Public Utility Regulatory Policies Act, 95-617, as 
amended
    12. National Energy Conservation Policy Act, Public Law 95-
619, as amended
    13. Nuclear Waste Policy Act of 1982, Public Law 97-425, as 
amended
    14. Federal Oil and Gas Royalty Management Act of 1982, 
Public Law 97-451, as amended
    15. Department of Energy Science Education Program 
Enhancement Act, Public Law 101-510, as amended
    16. Methane Hydrate Research and Development Act of 2000, 
Public Law 106-193, as amended
    17. Floyd D. Spence National Defense Authorization Act for 
Fiscal Year 2001, Public Law 106-398
    18. Alaska Natural Gas Pipeline Act, Division C of the 
Military Construction Appropriations and Emergency Hurricane 
Supplemental Appropriations Act, 2005, Public Law 108-324
    19. Energy Policy Act of 2005, Public Law 109-58, as 
amended
    20. Department of the Interior, Environment, and Related 
Agencies Appropriations Act, 2006, Public Law 109-54
    21. Gulf of Mexico Energy Security Act of 2006, Public Law 
109-432
    22. America COMPETES Act, Public Law 110-69
    23. Energy Independence and Security Act of 2007, Public 
Law 110-140

                          MINERAL LEASING ACT


            Act of February 25, 1920, Chapter 85, as Amended


 AN ACT To promote the mining of coal, phosphate, oil, oil shale, gas, 
                    and sodium on the public domain

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That 
deposits of coal, phosphate, sodium, potassium, oil, oil shale, 
gilsonite including all vein-type solid hydrocarbons), or gas, 
and lands containing such deposits owned by the United States, 
including those in national forests, but excluding lands 
acquired under the Act known as the Appalachian Forest Act, 
approved March 1, 1911 (36 Stat. 961), and those in 
incorporated cities, towns, and villages and in national parks 
and monuments, those acquired under other Acts subsequent to 
February 25, 1920, and lands within the naval petroleum and 
oil-shale reserves, except as hereinafter provided, shall be 
subject to disposition in the form and manner provided by this 
Act to citizens of the United States, or to associations of 
such citizens, or to any corporation organized under the laws 
of the United States, or of any State or Territory thereof, or 
in the case of coal, oil, oil shale, or gas, to municipalities.

           *       *       *       *       *       *       *


SEC. 35

           *       *       *       *       *       *       *


    (c)(1) Notwithstanding the first sentence of subsection 
(a), any rentals received from leases in any State (other than 
the State of Alaska) on or after the date of enactment of this 
subsection shall be deposited in the Treasury, to be allocated 
in accordance with paragraph (2).
    (2) Of the amounts deposited in the Treasury under 
paragraph (1)--
          (A) 50 percent shall be paid by the Secretary of the 
        Treasury to the State within the boundaries of which 
        the leased land is located or the deposits were 
        derived; and
          (B) 50 percent shall be deposited in a special fund 
        in the Treasury, to be known as the ``BLM Permit 
        Processing Improvement Fund'' (referred to in this 
        subsection as the ``Fund'').
    (3) For each of fiscal years 2006 through 2015, the Fund 
shall be available to the Secretary of the Interior for 
expenditure, without further appropriation and without fiscal 
year limitation, for the coordination and processing of oil and 
gas use authorizations on onshore Federal land under the 
jurisdiction of the Pilot Project offices identified in section 
365(d) of the Energy Policy Act of 2005.
    (4) Authorization of Appropriations.--There is authorized 
to be appropriated from the Fund, or to the extent adequate 
funds in the Fund are not available from miscellaneous receipts 
of the Treasury, for the coordination and processing of oil and 
gas use authorizations and for oil and gas inspection and 
enforcement on onshore Federal land under the jurisdiction of 
the Pilot Project offices described in section 365(d) of the 
Energy Policy Act of 2005 (42 U.S.C. 15924(d)) $20,000,000 for 
each of fiscal years 2016 through 2020, to remain available 
until expended.

           *       *       *       *       *       *       *


                           FEDERAL POWER ACT


           The Act of June 10, 1920, Chapter 285, as Amended

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

           *       *       *       *       *       *       *


PART II--REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN INTERSTATE 
COMMERCE

           *       *       *       *       *       *       *



SEC. 202. INTERCONNECTION AND COORDINATION OF FACILITIES; EMERGENCIES; 
                    TRANSMISSION TO FOREIGN COUNTRIES.

    (a) For the purpose of assuring an abundant supply of 
electric energy throughout the United States with the greatest 
possible economy and with regard to the proper utilization and 
conservation of natural resources, the Commission is empowered 
and directed to divide the country into regional districts for 
the voluntary interconnection and coordination of facilities 
for the generation, transmission, and sale of electric energy, 
and it may at any time thereafter, upon its own motion or upon 
application, make such modifications thereof as in its judgment 
will promote the public interest. Each such district shall 
embrace an area which, in the judgment of the Commission, can 
economically be served by such interconnected and coordinated 
electric facilities. It shall be the duty of the Commission to 
promote and encourage such interconnection and coordination 
within each such district and between such districts. Before 
establishing any such district and fixing or modifying the 
boundaries thereof the Commission shall give notice to the 
State commission of each State situated wholly or in part 
within such district, and shall afford each such State 
commission reasonable opportunity to present its views and 
recommendations, and shall receive and consider such views and 
recommendations.

           *       *       *       *       *       *       *

    (h) Emergency Orders.--
          (1) Definition of emergency.--In this subsection, the 
        term ``emergency'' means a major disturbance in 
        wholesale electric markets regulated by the Commission 
        that--
                  (A) substantially disrupts, or threatens to 
                substantially disrupt, the reliability of 
                service to electric consumers; or
                  (B) is characterized by sudden and excessive 
                price fluctuations in wholesale electric 
                markets regulated by the Commission.
          (2) Orders.--In an emergency, the Commission may, 
        either on the motion of the Commission or on complaint, 
        without notice or hearing, require by order the 
        temporary suspension or modification of any rate, term, 
        or condition of service on file with the Commission 
        pursuant to this Act that the Commission determines to 
        be necessary--
                  (A) to ensure reliability of service to 
                electric consumers; or
                  (B) to protect electric consumers from 
                potential abuse of market power or market 
                manipulation in wholesale electric markets 
                regulated by the Commission.
          (3) Effective period.--An order under this subsection 
        may remain in effect for not more than 10 days unless 
        extended under paragraph (4).
          (4) Extension.--An order under this subsection may be 
        extended for additional periods of not more than 10 
        days if the Commission determines that--
                  (A) the emergency still exists; and
                  (B) the continuation of the order is 
                necessary--
                          (i) to ensure reliability of service 
                        to electric consumers; or
                          (ii) to protect electric consumers 
                        from potential abuse of market power or 
                        market manipulation in wholesale 
                        electric markets regulated by the 
                        Commission.
          (5) Limitation.--In no event shall an order of the 
        Commission under this subsection continue in effect for 
        more than 30 days.
          (6) Review of orders.--
                  (A) In general.--An order under this 
                subsection shall be subject to review as 
                provided in section 313(b).
                  (B) Standard of review.--The reviewing court 
                shall not enter a stay, writ of mandamus, or 
                similar relief unless the court finds, after 
                notice and hearing before a panel of the court, 
                that the action of the Commission is arbitrary, 
                capricious, an abuse of discretion, or 
                otherwise not in accordance with law.
          (7) Termination by president.--The President may 
        direct that action taken by the Commission under this 
        subsection shall not continue in effect.

           *       *       *       *       *       *       *


[SEC. 216. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.

    [(a) Designation of National Interest Electric Transmission 
Corridors.--(1) Not later than 1 year after the date of 
enactment of this section and every 3 years thereafter, the 
Secretary of Energy (referred to in this section as the 
``Secretary''), in consultation with affected States, shall 
conduct a study of electric transmission congestion.
    [(2) After considering alternatives and recommendations 
from interested parties (including an opportunity for comment 
from affected States), the Secretary shall issue a report, 
based on the study, which may designate any geographic area 
experiencing electric energy transmission capacity constraints 
or congestion that adversely affects consumers as a national 
interest electric transmission corridor.
    [(3) The Secretary shall conduct the study and issue the 
report in consultation with any appropriate regional entity 
referred to in section 215.
    [(4) In determining whether to designate a national 
interest electric transmission corridor under paragraph (2), 
the Secretary may consider whether--
          [(A) the economic vitality and development of the 
        corridor, or the end markets served by the corridor, 
        may be constrained by lack of adequate or reasonably 
        priced electricity;
          [(B)(i) economic growth in the corridor, or the end 
        markets served by the corridor, may be jeopardized by 
        reliance on limited sources of energy; and
          [(ii) a diversification of supply is warranted;
          [(C) the energy independence of the United States 
        would be served by the designation;
          [(D) the designation would be in the interest of 
        national energy policy; and
          [(E) the designation would enhance national defense 
        and homeland security.
    [(b) Construction Permit.--Except as provided in subsection 
(i), the Commission may, after notice and an opportunity for 
hearing, issue one or more permits for the construction or 
modification of electric transmission facilities in a national 
interest electric transmission corridor designated by the 
Secretary under subsection (a) if the Commission finds that--
          [(1)(A) a State in which the transmission facilities 
        are to be constructed or modified does not have 
        authority to--
                  [(i) approve the siting of the facilities; or
                  [(ii) consider the interstate benefits 
                expected to be achieved by the proposed 
                construction or modification of transmission 
                facilities in the State;
          [(B) the applicant for a permit is a transmitting 
        utility under this Act but does not qualify to apply 
        for a permit or siting approval for the proposed 
        project in a State because the applicant does not serve 
        end-use customers in the State; or
          [(C) a State commission or other entity that has 
        authority to approve the siting of the facilities has--
                  [(i) withheld approval for more than 1 year 
                after the filing of an application seeking 
                approval pursuant to applicable law or 1 year 
                after the designation of the relevant national 
                interest electric transmission corridor, 
                whichever is later; or
                  [(ii) conditioned its approval in such a 
                manner that the proposed construction or 
                modification will not significantly reduce 
                transmission congestion in interstate commerce 
                or is not economically feasible;
          [(2) the facilities to be authorized by the permit 
        will be used for the transmission of electric energy in 
        interstate commerce;
          [(3) the proposed construction or modification is 
        consistent with the public interest;
          [(4) the proposed construction or modification will 
        significantly reduce transmission congestion in 
        interstate commerce and protects or benefits consumers;
          [(5) the proposed construction or modification is 
        consistent with sound national energy policy and will 
        enhance energy independence; and
          [(6) the proposed modification will maximize, to the 
        extent reasonable and economical, the transmission 
        capabilities of existing towers or structures.
    [(c) Permit Applications.--(1) Permit applications under 
subsection (b) shall be made in writing to the Commission.
    [(2) The Commission shall issue rules specifying--
          [(A) the form of the application;
          [(B) the information to be contained in the 
        application; and
          [(C) the manner of service of notice of the permit 
        application on interested persons.
    [(d) Comments.--In any proceeding before the Commission 
under subsection (b), the Commission shall afford each State in 
which a transmission facility covered by the permit is or will 
be located, each affected Federal agency and Indian tribe, 
private property owners, and other interested persons, a 
reasonable opportunity to present their views and 
recommendations with respect to the need for and impact of a 
facility covered by the permit.
    [(e) Rights-of-Way.--(1) 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 by the exercise of the 
right of eminent domain in the district court of the United 
States for the district in which the property concerned is 
located, or in the appropriate court of the State in which the 
property is located.
    [(2) Any right-of-way acquired under paragraph (1) shall be 
used exclusively for the construction or modification of 
electric transmission facilities within a reasonable period of 
time after the acquisition.
    [(3) The practice and procedure in any action or proceeding 
under this subsection in the district court of the United 
States shall conform as nearly as practicable to the practice 
and procedure in a similar action or proceeding in the courts 
of the State in which the property is located.
    [(4) Nothing in this subsection shall be construed to 
authorize the use of eminent domain to acquire a right-of-way 
for any purpose other than the construction, modification, 
operation, or maintenance of electric transmission facilities 
and related facilities. The right-of-way cannot be used for any 
other purpose, and the right-of-way shall terminate upon the 
termination of the use for which the right-of-way was acquired.
    [(f) Compensation.--(1) Any right-of-way acquired pursuant 
to subsection (e) shall be considered a taking of private 
property for which just compensation is due.
    [(2) Just compensation shall be an amount equal to the fair 
market value (including applicable severance damages) of the 
property taken on the date of the exercise of eminent domain 
authority.
    [(g) State Law.--Nothing in this section precludes any 
person from constructing or modifying any transmission facility 
in accordance with State law.
    [(h) Coordination of Federal Authorizations for 
Transmission Facilities.--(1) In this subsection:
          [(A) The term ``Federal authorization'' means any 
        authorization required under Federal law in order to 
        site a transmission facility.
          [(B) The term ``Federal authorization'' includes such 
        permits, special use authorizations, certifications, 
        opinions, or other approvals as may be required under 
        Federal law in order to site a transmission facility.
    [(2) The Department of Energy shall act as the lead agency 
for purposes of coordinating all applicable Federal 
authorizations and related environmental reviews of the 
facility.
    [(3) To the maximum extent practicable under applicable 
Federal law, the Secretary shall coordinate the Federal 
authorization and review process under this subsection with any 
Indian tribes, multistate entities, and State agencies that are 
responsible for conducting any separate permitting and 
environmental reviews of the facility, to ensure timely and 
efficient review and permit decisions.
    [(4)(A) As head of the lead agency, the Secretary, in 
consultation with agencies responsible for Federal 
authorizations and, as appropriate, with Indian tribes, 
multistate entities, and State agencies that are willing to 
coordinate their own separate permitting and environmental 
reviews with the Federal authorization and environmental 
reviews, shall establish prompt and binding intermediate 
milestones and ultimate deadlines for the review of, and 
Federal authorization decisions relating to, the proposed 
facility.
    [(B) The Secretary shall ensure that, once an application 
has been submitted with such data as the Secretary considers 
necessary, all permit decisions and related environmental 
reviews under all applicable Federal laws shall be completed--
          [(i) within 1 year; or
          [(ii) if a requirement of another provision of 
        Federal law does not permit compliance with clause (i), 
        as soon thereafter as is practicable.
    [(C) The Secretary shall provide an expeditious pre-
application mechanism for prospective applicants to confer with 
the agencies involved to have each such agency determine and 
communicate to the prospective applicant not later than 60 days 
after the prospective applicant submits a request for such 
information concerning--
          [(i) the likelihood of approval for a potential 
        facility; and
          [(ii) key issues of concern to the agencies and 
        public.
    [(5)(A) As lead agency head, the Secretary, in consultation 
with the affected agencies, shall prepare a single 
environmental review document, which shall be used as the basis 
for all decisions on the proposed project under Federal law.
    [(B) The Secretary and the heads of other agencies shall 
streamline the review and permitting of transmission within 
corridors designated under section 503 of the Federal Land 
Policy and Management Act (43 U.S.C. 1763) by fully taking into 
account prior analyses and decisions relating to the corridors.
    [(C) The document shall include consideration by the 
relevant agencies of any applicable criteria or other matters 
as required under applicable law.
    [(6)(A) If any agency has denied a Federal authorization 
required for a transmission facility, or has failed to act by 
the deadline established by the Secretary pursuant to this 
section for deciding whether to issue the authorization, the 
applicant or any State in which the facility would be located 
may file an appeal with the President, who shall, in 
consultation with the affected agency, review the denial or 
failure to take action on the pending application.
    [(B) Based on the overall record and in consultation with 
the affected agency, the President may--
          [(i) issue the necessary authorization with any 
        appropriate conditions; or
          [(ii) deny the application.
    [(C) The President shall issue a decision not later than 90 
days after the date of the filing of the appeal.
    [(D) In making a decision under this paragraph, the 
President shall comply with applicable requirements of Federal 
law, including any requirements of--
          [(i) the National Forest Management Act of 1976 (16 
        U.S.C. 472a et seq.);
          [(ii) the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.);
          [(iii) the Federal Water Pollution Control Act (33 
        U.S.C. 1251 et seq.);
          [(iv) the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.); and
          [(v) the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1701 et seq.).
    [(7)(A) Not later than 18 months after the date of 
enactment of this section, the Secretary shall issue any 
regulations necessary to implement this subsection.
    [(B)(i) Not later than 1 year after the date of enactment 
of this section, the Secretary and the heads of all Federal 
agencies with authority to issue Federal authorizations shall 
enter into a memorandum of understanding to ensure the timely 
and coordinated review and permitting of electricity 
transmission facilities.
    [(ii) Interested Indian tribes, multistate entities, and 
State agencies may enter the memorandum of understanding.
    [(C) The head of each Federal agency with authority to 
issue a Federal authorization shall designate a senior official 
responsible for, and dedicate sufficient other staff and 
resources to ensure, full implementation of the regulations and 
memorandum required under this paragraph.
    [(8)(A) Each Federal land use authorization for an 
electricity transmission facility shall be issued--
          [(i) for a duration, as determined by the Secretary, 
        commensurate with the anticipated use of the facility; 
        and
          [(ii) with appropriate authority to manage the right-
        of-way for reliability and environmental protection.
    [(B) On the expiration of the authorization (including an 
authorization issued before the date of enactment of this 
section), the authorization shall be reviewed for renewal 
taking fully into account reliance on such electricity 
infrastructure, recognizing the importance of the authorization 
for public health, safety, and economic welfare and as a 
legitimate use of Federal land.
    [(9) In exercising the responsibilities under this section, 
the Secretary shall consult regularly with--
          [(A) the Federal Energy Regulatory Commission;
          [(B) electric reliability organizations (including 
        related regional entities) approved by the Commission; 
        and
          [(C) Transmission Organizations approved by the 
        Commission.
    [(i) Interstate Compacts.--(1) The consent of Congress is 
given for three or more contiguous States to enter into an 
interstate compact, subject to approval by Congress, 
establishing regional transmission siting agencies to--
          [(A) facilitate siting of future electric energy 
        transmission facilities within those States; and
          [(B) carry out the electric energy transmission 
        siting responsibilities of those States.
    [(2) The Secretary may provide technical assistance to 
regional transmission siting agencies established under this 
subsection.
    [(3) The regional transmission siting agencies shall have 
the authority to review, certify, and permit siting of 
transmission facilities, including facilities in national 
interest electric transmission corridors (other than facilities 
on property owned by the United States).
    [(4) The Commission shall have no authority to issue a 
permit for the construction or modification of an electric 
transmission facility within a State that is a party to a 
compact, unless the members of the compact are in disagreement 
and the Secretary makes, after notice and an opportunity for a 
hearing, the finding described in subsection (b)(1)(C).
    [(j) Relationship to Other Laws.--(1) Except as 
specifically provided, nothing in this section affects any 
requirement of an environmental law of the United States, 
including the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.).
    [(2) Subsection (h)(6) shall not apply to any unit of the 
National Park System, the National Wildlife Refuge System, the 
National Wild and Scenic Rivers System, the National Trails 
System, the National Wilderness Preservation System, or a 
National Monument.
    [(k) ERCOT.--This section shall not apply within the area 
referred to in section 212(k)(2)(A).]

SEC. 216. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.

    (a) Policy.--It is the policy of the United States that the 
national interstate transmission system should be guided by the 
goal of maximizing the net benefits of the electricity system, 
taking into consideration--
          (1) support for the development of new renewable 
        energy generation capacity, including renewable energy 
        generation located distant from load centers and other 
        location-constrained resources;
          (2) opportunities for reduced emissions from regional 
        power production;
          (3) cost savings resulting from--
                  (A) reduced transmission congestion;
                  (B) enhanced opportunities for intraregional 
                and interregional electricity trades;
                  (C) reduced line losses;
                  (D) generation resource-sharing; and
                  (E) enhanced fuel diversity;
          (4) reliability benefits, including satisfying 
        reliability standards and guidelines for resource 
        adequacy and system security;
          (5) diversification of risk relating to events 
        affecting fuel supply or generating resources in a 
        particular region;
          (6) the enhancement of competition in electricity 
        markets and mitigation of market power;
          (7) the ability to collocate facilities on existing 
        rights-of-way;
          (8) competing land use priorities, including land 
        protected under Federal or State law;
          (9) the requirements of section 217(b)(4); and
          (10) the contribution of demand side management 
        (including energy efficiency and demand response), 
        energy storage, distributed generation resources, and 
        smart grid investments.
    (b) Definitions.--In this section:
          (1) High-priority national transmission project.--The 
        term `high-priority national transmission project' 
        means an overhead or underground transmission facility, 
        consisting of conductors or cables, towers, manhole 
        duct systems, phase shifting transformers, reactors, 
        capacitors, and any ancillary facilities and equipment 
        necessary for the proper operation of the facility, 
        that--
                  (A)(i) operates at or above a voltage of--
                          (I) 345 kilovolts alternating 
                        current; or
                          (II) 300 kilovolts direct current;
                  (ii) is a very high current conductor or 
                superconducting cable that operates at or above 
                a power equivalent to the power of a 
                conventional transmission cable operating at or 
                above 345 kilovolts alternating current or 300 
                kilovolts direct current; or
                  (iii) is a renewable feeder line that 
                transmits electricity directly to a 
                transmission facility under clause (i) or (ii); 
                and
                  (B) is included in a regional plan pursuant 
                to subsection (c).
          (2) Indian land.--The `Indian land' means land--
                  (A) the title to which is held by the United 
                States in trust for an Indian tribe or 
                individual Indian; or
                  (B) that is held by an Indian tribe or 
                individual Indian subject to a restrict by the 
                United States against alienation or 
                encumbrance.
          (3) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community, including any Alaska 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.
          (4) Load-serving entity.--Except as otherwise 
        provided in this section, the term `load-serving 
        entity' means any person, Federal, State, or local 
        agency or instrumentality, or electric cooperative that 
        delivers electric energy to end-use customers.
          (5) Location-constrained resource.--
                  (A) In general.--The term `location-
                constrained resource' means a low-carbon 
                resource used to produce electricity that is 
                geographically constrained such that the 
                resource cannot be relocated to an existing 
                transmission line.
                  (B) Inclusions.--The term `location-
                constrained resource' includes the following 
                types of resources described in subparagraph 
                (A):
                          (i) Renewable energy, including 
                        offshore resources.
                          (ii) A fossil fuel electricity plant 
                        equipped with carbon capture technology 
                        that is located at a site that is 
                        appropriate for carbon storage or 
                        beneficial reuse.
          (6) Renewable energy.--The term `renewable energy' 
        means electric energy generated from--
                  (A) solar energy;
                  (B) wind energy;
                  (C) marine and hydrokinetic renewable energy;
                  (D) geothermal energy;
                  (E) hydropower;
                  (F) biomass; or
                  (G) landfill gas.
          (7) Renewable feeder line.--The term `renewable 
        feeder line' means a transmission line that--
                  (A) operates at a voltage of 100 kilovolts or 
                greater; and
                  (B) is identified in the applicable 
                Interconnection-wide transmission plan or by 
                the Commission as a facility that is to be 
                developed to facilitate collection of electric 
                energy produced by renewable energy.
          (8) Secretary.--The term `Secretary' means the 
        Secretary of Energy.
    (c) Plans for National Interstate Transmission System.--
          (1) In general.--The Commission shall coordinate 
        regional planning to ensure that regional plans are 
        integrated into an Interconnection-wide transmission 
        plan with respect to high-priority national 
        transmission projects, that achieves the policy 
        established under subsection (a).
          (2) Planning principles.--
                  (A) In general.--Not later than 180 days 
                after the date of enactment of the American 
                Clean Energy Leadership Act of 2009, the 
                Commission shall issue, by rule, after notice 
                and opportunity for comment, national 
                electricity grid planning principles pursuant 
                to the policy established under subsection (a).
                  (B) Content.--The principles shall--
                          (i) address how the utilities should 
                        fully incorporate consideration of the 
                        need for high-priority national 
                        transmission projects into planning 
                        efforts;
                          (ii) address how the utilities should 
                        coordinate with each other, States, 
                        Indian tribes, and other planning 
                        efforts in the applicable 
                        Interconnection to effectively develop 
                        an Interconnection-wide analysis to 
                        identify needed additions or 
                        modifications to high-priority national 
                        transmission projects, with particular 
                        attention to identifying needs that can 
                        be most efficiently and effectively 
                        addressed with high-priority national 
                        transmission projects that cross 
                        multiple utilities, Regional 
                        Transmission Organizations, or 
                        Independent System Operators; and
                          (iii)(I) address alternatives to 
                        high-priority national transmission 
                        projects, based on the factors 
                        described in subparagraph (C)(iii); and
                          (II) determine whether alternative 
                        investments can provide a more 
                        expedient means of improving 
                        electricity system capacity or 
                        reliability or reduced costs for end-
                        users; and
                          (iv) include mechanisms for 
                        soliciting input from the Secretary, 
                        Federal transmitting utilities, the 
                        Secretary of the Interior, States, 
                        Indian tribes, electric reliability 
                        organizations, regional entities, 
                        entities described in section 201(f), 
                        generators, load-serving entities, 
                        other interested parties, and the 
                        public.
                  (C) Factors.--Plans for the development and 
                improvement of high-priority national 
                transmission projects into a national high-
                capacity transmission grid shall take into 
                consideration--
                          (i) the location of load centers;
                          (ii) the location of generation and 
                        potential generation development, 
                        including location-constrained 
                        resources;
                          (iii) existing and potential demand 
                        side management (including energy 
                        efficiency and demand response), energy 
                        storage, distributed generation 
                        resources, and smart grid investments;
                          (iv) the plans of Regional 
                        Transmission Organizations, Independent 
                        System Operators, State authorities, 
                        Indian tribes, transmission owners, 
                        load-serving entities, and others in 
                        the region;
                          (v) the needs and long-term rights 
                        described in section 217(b); and
                          (vi) costs to consumers of high 
                        priority national transmission 
                        projects, including considering the 
                        cost of reasonable alternatives.
          (3) Submission of plans.--
                  (A) In general.--
                          (i) In general.--One or more public 
                        utilities, transmitting utilities, 
                        Regional Transmission Organizations, 
                        Independent System Operators, regional 
                        entities (as defined in section 
                        215(a)), or other multistate 
                        organizations or entities (including 
                        entities described in section 201(f)) 
                        may develop a regional plan relating to 
                        1 or more high-priority national 
                        transmission projects that is 
                        consistent with the planning principles 
                        established by the Commission.
                          (ii) Other plans.--
                                  (I) In general.--Any public 
                                utility or transmitting utility 
                                that does not participate in 1 
                                of the regional plans developed 
                                under clause (i) shall develop 
                                its own plan relating to any 
                                high priority national 
                                transmission project planned 
                                for the system of the utility.
                                  (II) Planning principles.--
                                The plan shall be consistent 
                                with the planning principles 
                                established by the Commission.
                          (iii) Timing.--Any plan developed 
                        under clause (i) or (ii) shall be 
                        submitted to the Commission--
                                  (I) as soon as practicable, 
                                but not later than 2 years, 
                                after the date of enactment of 
                                the American Clean Energy 
                                Leadership Act of 2009; and
                                  (II) periodically thereafter 
                                as prescribed by the 
                                Commission.
                  (B) Coordination.--
                          (i) Joint submissions.--The 
                        requirements of subparagraph (A) may be 
                        satisfied by a joint submission.
                          (ii) Single interconnection-wide 
                        plan.--The Commission shall encourage 
                        coordination that would permit 
                        submission of a single Interconnection-
                        wide plan for high priority national 
                        transmission projects.
                  (C) Modifications.--The Commission may 
                require modification of a submitted plan to the 
                extent that the Commission determines that the 
                modification is necessary--
                          (i) to reconcile inconsistencies 
                        between plans submitted; or
                          (ii) to achieve the policy goals 
                        established under subsection (a).
          (4) Applicability.--The transmission planning 
        principles and requirements of this subsection shall 
        apply to each transmission owner and transmission 
        planning entity in the United States portion of the 
        Eastern and Western Interconnections, including an 
        entity described in section 201(f).
    (d) Siting.--
          (1) Purposes.--The purpose of this subsection is to 
        ensure that high-priority national transmission 
        projects are in the public interest and advance the 
        policy established under subsection (a).
          (2) Designation of eligibility.--The Commission may 
        grant an applicant that submits an application for a 
        proposed project a designation of eligibility for 
        consideration under this subsection if the Commission 
        finds that the proposed project is a high-priority 
        national transmission project.
          (3) State review of project siting.--
                  (A) In general.--No developer of a high-
                priority national transmission project may seek 
                a certificate for construction under subsection 
                (e) unless the developer first seeks 
                authorization to construct the high-priority 
                national transmission project under applicable 
                State law concerning authorization and routing 
                of transmission facilities.
                  (B) Federal authority.--The Commission may 
                authorize, in accordance with subsection (e), 
                construction of a high-priority national 
                transmission project that the Commission finds 
                to be in the public interest and in accordance 
                with this section if a State--
                          (i) fails to approve construction and 
                        authorize routing of a high-priority 
                        national transmission project not later 
                        than 1 year after the date the 
                        applicant submits a completed 
                        application for authorization to the 
                        State;
                          (ii) rejects the application for a 
                        high-priority national transmission 
                        project; or
                          (iii) authorizes the high-priority 
                        national transmission project subject 
                        to conditions that unreasonably 
                        interfere with the development of a 
                        high-priority national transmission 
                        project contrary to the purposes of 
                        this section.
    (e) Construction.--
          (1) Application for certificate.--
                  (A) In general.--An applicant for a high-
                priority national transmission project may 
                apply to the Commission for a certificate of 
                public convenience and necessity with respect 
                to construction of the high-priority national 
                transmission project within a State affected by 
                the high-priority national transmission project 
                if the State--
                          (i) fails to authorize construction 
                        of the high-priority national 
                        transmission project under State law 
                        not later than 1 year after the date 
                        the developer submits a completed 
                        application for authorization to the 
                        State;
                          (ii) rejects the application for the 
                        high-priority national transmission 
                        project; or
                          (iii) authorizes the high-priority 
                        national transmission project subject 
                        to conditions that unreasonably 
                        interfere with the development of a 
                        high-priority national transmission 
                        project contrary to the purposes of 
                        this section.
                  (B) Form.--The application for a certificate 
                shall be made in writing in such form and 
                containing such information as the Commission 
                may by regulation require.
                  (C) Hearing.--On receipt of an application 
                under this paragraph, the Commission--
                          (i) shall provide notice to 
                        interested persons and opportunity for 
                        hearing; and
                          (ii) may approve (with or without 
                        conditions) or disapprove the 
                        application, in accordance with 
                        paragraph (2).
          (2) Grant of certificate.--
                  (A) In general.--A certificate shall be 
                issued to a qualified applicant for a 
                certificate authorizing the whole or partial 
                operation, construction, acquisition, or 
                modification covered by the application, only 
                if the Commission determines that--
                          (i) the applicant is able and 
                        willing--
                                  (I) to do the acts and to 
                                perform the service proposed; 
                                and
                                  (II) to comply with this Act 
                                (including regulations);
                          (ii) the proposed operation, 
                        construction, acquisition, or 
                        modification, to the extent authorized 
                        by the certificate, is or will be 
                        required by the present or future 
                        public convenience and necessity.
                  (B) Terms and conditions.--The Commission 
                shall have the power to attach to the issuance 
                of a certificate under this paragraph and to 
                the exercise of the rights granted under the 
                certificate such reasonable terms and 
                conditions as the public convenience and 
                necessity may require.
                  (C) Use of state work.--If 1 or more States 
                reject or fail to act on a high-priority 
                national transmission project and the 
                Commission has siting authority for the high-
                priority national transmission project under 
                this section, the Commission shall give due 
                weight to--
                          (i) the environmental record and 
                        results of the siting process of a 
                        State that did complete the siting 
                        process of the State under this 
                        section; and
                          (ii) the information that had been 
                        submitted by an applicant to the State 
                        under this section.
                  (D) Evaluation of abilities of applicant.--
                          (i) In general.--In evaluating the 
                        ability of an applicant described in 
                        subparagraph (A)(i), the Commission 
                        shall consider whether the financial 
                        and technical capabilities of the 
                        applicant are adequate to support 
                        construction and operation of the high-
                        priority national transmission project 
                        proposed in the application.
                          (ii) Joint ownership projects.--In 
                        evaluating applications under paragraph 
                        (1), the Commission shall consider 
                        benefits from the greater 
                        diversification of financial risk 
                        inherent in the applications involving 
                        joint ownership projects by multiple 
                        load-serving entities.
                  (E) Public convenience and necessity.--In 
                making a determination with respect to public 
                convenience and necessity described in 
                subparagraph (A)(ii), the Commission shall--
                          (i) consider whether the facilities 
                        covered by an application are included 
                        in an Interconnection-wide transmission 
                        grid plan for a high-priority national 
                        transmission project developed pursuant 
                        to subsection (c); and
                          (ii) determine whether the facilities 
                        covered by the application are in the 
                        public interest.
          (3) Right of eminent domain.--If any holder of a 
        certificate issued under paragraph (2) cannot acquire 
        by contract, or is unable to agree with the owner of 
        property on the compensation to be paid for, the 
        necessary right-of-way to construct, operate, and 
        maintain the high-priority national transmission 
        project to which the certificate relates, and the 
        necessary land or other property necessary to the 
        proper operation of the high-priority national 
        transmission project, the holder may acquire the right-
        of-way by the exercise of the right of eminent domain 
        in--
                  (A) the United States district court for the 
                district in which the property is located; or
                  (B) a State court.
          (4) State and tribal recommendations.--In granting a 
        certificate under paragraph (2), the Commission shall--
                  (A) permit State regulatory agencies and 
                affected Indian tribes to recommend mitigation 
                measures, based on habitat protection, 
                environmental considerations, or cultural site 
                protection; and
                  (B)(i) incorporate those identified 
                mitigation measures as conditions on the 
                certificate; or
                  (ii) if the Commission determines that a 
                recommended mitigation measure is inconsistent 
                with the purposes of this section, infeasible, 
                or not cost-effective--
                          (I) consult with State regulatory 
                        agencies and affected Indian tribes to 
                        seek to resolve the issue;
                          (II) incorporate as conditions on the 
                        certificate such recommended mitigation 
                        measures as are determined to be 
                        appropriate by the Commission, based on 
                        consultation by the Commission with 
                        State regulatory agencies and affected 
                        Indian tribes, the purposes of this 
                        section, and the record before the 
                        Commission; and
                          (III) if, after consultation, the 
                        Commission does not adopt in whole or 
                        in part a recommendation of an agency 
                        or affected Indian tribe, publish a 
                        statement of a finding that the 
                        adoption of the recommendation is 
                        infeasible, not cost-effective, or 
                        inconsistent with this section or other 
                        applicable provisions of law.
          (5) State or local authorizations.--An applicant 
        receiving a certificate under this subsection with 
        respect to construction or modification of a high-
        priority national transmission project in a State shall 
        not require a separate siting authorization from the 
        State or any local authority within the State.
          (6) Rights-of-way over indian land.--Notwithstanding 
        paragraph (3), in the case of siting, construction, 
        operation, and maintenance of a transmission facility 
        to be located on or over Indian land, a certificate 
        holder under this section shall comply with the 
        requirements of Federal law for obtaining rights-of-way 
        on or over Indian land.
    (f) Coordination of Federal Authorizations for Transmission 
Facilities.--
          (1) Definition of federal authorization.--In this 
        subsection, the term ``Federal authorization'' means 
        any authorization required under Federal law in order 
        to site a transmission facility on Federal land, 
        including such permits, special use authorizations, 
        certifications, opinions, or other approvals as may be 
        required under Federal law in order to site a 
        transmission facility.
          (2) Lead agency.--If a Federal authorization for a 
        high-priority national transmission project involves 
        land under the jurisdiction of the Department of the 
        Interior and any other Federal agency, the Secretary of 
        the Interior shall act as the lead agency for purposes 
        of coordinating all applicable Federal authorizations 
        and related environmental reviews.
          (3) Coordination.--To the maximum extent practicable 
        under applicable Federal law, the Secretary of the 
        Interior shall coordinate the Federal authorization and 
        review process under this subsection with the 
        Commission, and with any Indian tribes, multistate 
        entities, and State agencies that are responsible for 
        conducting any separate permitting and environmental 
        reviews of the facility, to ensure timely and efficient 
        review and permit decisions.
          (4) Milestones and deadlines.--
                  (A) In general.--As the lead agency, the 
                Secretary of the Interior, in consultation with 
                the Commission and any other agency responsible 
                for Federal authorizations and, as appropriate, 
                with Indian tribes, multistate entities, and 
                State agencies that are willing to coordinate 
                their own separate permitting and environmental 
                reviews with the Federal authorization and 
                environmental reviews, shall establish prompt 
                and binding intermediate milestones and 
                ultimate deadlines for the review of, and 
                Federal authorization decisions relating to, 
                the proposed high-priority national 
                transmission project.
                  (B) Deadline.--The Secretary of the Interior 
                shall ensure that, once an application has been 
                submitted with such data as the Commission and 
                the Secretaries with jurisdiction over the 
                affected land consider necessary, all permit 
                decisions and related environmental reviews 
                under all applicable Federal laws shall be 
                completed not later than 1 year after the date 
                of submission.
                  (C) Preapplication information.--The 
                Secretary of the Interior, in consultation with 
                the Commission, shall provide an expeditious 
                preapplication mechanism for prospective 
                applicants to confer with the agencies involved 
                to have each such agency determine and 
                communicate to the prospective applicant not 
                later than 60 days after the prospective 
                applicant submits a request for such 
                information concerning--
                          (i) the likelihood of approval for a 
                        potential facility; and
                          (ii) key issues of concern to the 
                        agencies and public.
          (5) Environmental review document.--
                  (A) In general.--As lead agency, the 
                Secretary of the Interior, in consultation with 
                the Commission and any affected agency, shall 
                prepare a single environmental review document, 
                which shall be used as the basis for all 
                decisions on the proposed high-priority 
                national transmission project under Federal 
                law.
                  (B) Streamlining.--The Secretary of the 
                Interior and the Secretary of Agriculture, in 
                consultation with the Commission, shall 
                streamline the review and permitting of 
                transmission within corridors designated under 
                section 503 of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1763) or 
                section 368 of the Energy Policy Act of 2005 
                (42 U.S.C. 15926) by fully taking into account 
                prior analyses and decisions relating to the 
                corridors.
                  (C) Comments.--If the high-priority national 
                transmission project includes Federal land that 
                is not under the jurisdiction of the Department 
                of the Interior, the document shall include 
                comments made by the Secretary with 
                jurisdiction over the affected land on matters 
                necessary for the protection of the land or 
                required under applicable law.
          (6) Issuance or denial of authorization by 
        president.--
                  (A) In general.--Subject to paragraph (7), if 
                any agency has denied a Federal authorization 
                required for a transmission facility within an 
                energy right-of-way corridor on Federal land 
                designated pursuant to section 368 of the 
                Energy Policy Act of 2005 (42 U.S.C. 15926), or 
                has failed to act by the deadline established 
                by the Secretary of the Interior pursuant to 
                this section for deciding whether to issue the 
                authorization, the applicant or any State in 
                which the facility would be located may file an 
                appeal with the President, who shall, in 
                consultation with the affected agency, review 
                the denial or failure to take action on the 
                pending application.
                  (B) Options.--Based on the overall record and 
                in consultation with the affected agency, the 
                President may--
                          (i) issue the necessary authorization 
                        with any appropriate conditions; or
                          (ii) deny the application.
                  (C) Deadline.--The President shall issue a 
                decision not later than 90 days after the date 
                of the filing of the appeal.
                  (D) Federal requirements.--In making a 
                decision under this paragraph, the President 
                shall comply with applicable requirements of 
                Federal law, including any requirements of--
                          (i) the National Forest Management 
                        Act of 1976 (16 U.S.C. 1600 et seq.);
                          (ii) the Endangered Species Act of 
                        1973 (16 U.S.C. 1531 et seq.);
                          (iii) the Federal Water Pollution 
                        Control Act (33 U.S.C. 1251 et seq.);
                          (iv) the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4321 et 
                        seq.); and
                          (v) the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1701 
                        et seq.).
          (7) Issuance or denial of authorization by 
        president.--Paragraph (6) shall not apply to--
                  (A) a unit of the National Park System;
                  (B) a unit of the National Wildlife Refuge 
                System;
                  (C) a component of the National Wild and 
                Scenic Rivers System;
                  (D) a component of the National Trails 
                System;
                  (E) a component of the National Wilderness 
                Preservation System;
                  (F) a National Monument;
                  (G) any part of the National Landscape 
                Conservation System;
                  (H) a National Preserve;
                  (I) a National Scenic Area; or
                  (J) a National Recreation Area.
          (8) Energy right-of-way corridors on federal land.--
                  (A) In general.--In carrying out this 
                subsection, the Secretary with jurisdiction 
                over the land shall, to the maximum extent 
                practicable, use the energy right-of-way 
                corridors designated in accordance with section 
                368 of the Energy Policy Act of 2005 (42 U.S.C. 
                15926).
                  (B) Additional corridors.--If the Secretary 
                is unable to use an energy right-of-way 
                corridor described in subparagraph (A), the 
                Secretary shall establish an additional 
                corridor in accordance with section 368(c) of 
                the Energy Policy Act of 2005 (42 U.S.C. 
                15926(c)).
          (9) Duration.--
                  (A) In general.--Each Federal land use 
                authorization for an electricity transmission 
                facility shall be issued--
                          (i) for a duration, as determined by 
                        the Secretary with jurisdiction over 
                        the land, commensurate with the 
                        anticipated use of the facility;
                          (ii) with appropriate authority to 
                        manage the right-of-way for reliability 
                        and environmental protection; and
                          (iii) consistent with the Federal 
                        Land Policy and Management Act of 1976 
                        (43 U.S.C. 1701 et seq.) and other 
                        applicable law.
                  (B) Renewal.--On the expiration of the 
                authorization (including an authorization 
                issued before the date of enactment of the 
                American Clean Energy Leadership Act of 2009), 
                the authorization shall be reviewed for 
                renewal--
                          (i) taking fully into account 
                        reliance on the electricity 
                        infrastructure; and
                          (ii) recognizing the importance of 
                        the authorization for public health, 
                        safety, and economic welfare and as a 
                        legitimate use of Federal land.
          (10) Consultation.--In exercising the 
        responsibilities under this section, the Secretary of 
        the Interior and the Commission shall consult regularly 
        with--
                  (A) electric reliability organizations 
                (including related regional entities) approved 
                by the Commission;
                  (B) Transmission Organizations approved by 
                the Commission; and
                  (C) transmission owners and users and other 
                interested parties.
          (11) Implementation.--
                  (A) Regulations.--Not later than 18 months 
                after the date of enactment of the American 
                Clean Energy Leadership Act of 2009, the 
                Secretary of the Interior and the Commission 
                shall issue any regulations necessary to carry 
                out this subsection.
                  (B) Federal staff and resources.--The head of 
                each Federal agency with authority to issue a 
                Federal authorization shall designate a senior 
                official responsible for, and dedicate 
                sufficient other staff and resources to ensure, 
                full implementation of the regulations and 
                memorandum required under this paragraph.
    (g) Evaluation and Recommendations.--The Commission shall--
          (1) periodically evaluate whether high-priority 
        national transmission projects are being constructed in 
        accordance with the Interconnection-wide transmission 
        grid plan for high-priority national transmission 
        projects for both the Western and Eastern 
        Interconnection areas;
          (2) take any necessary actions, pursuant to 
        applicable law, to address any identified obstacles to 
        investment, siting, and construction of high-priority 
        national transmission projects identified as needed 
        under an Interconnection-wide plan; and
          (3) not later than 2 years after the date of 
        enactment of the American Clean Energy Leadership Act 
        of 2009, submit to Congress recommendations for any 
        further actions or authority needed to ensure the 
        effective and timely development of--
                  (A) high-priority national transmission 
                projects; and
                  (B) transmission projects to access regional 
                and offshore renewable energy generation.
    (h) Report of Secretary.--Not later than 2 years after the 
date of enactment of the American Clean Energy Leadership Act 
of 2009, the Secretary shall submit to Congress recommendations 
for any further actions or authority needed to ensure the 
effective and timely development of--
          (1) demand response;
          (2) energy storage;
          (3) distributed generation;
          (4) energy efficiency; and
          (5) other areas necessary to carry out the policy 
        established under subsection (a).
    (i) Cost Allocation.--
          (1) In general.--Not later than 270 days after the 
        date of enactment of the American Clean Energy 
        Leadership Act of 2009, the Commission--
                  (A) shall establish by rule an appropriate 
                methodology for allocation of the costs of 
                high-priority national transmission projects, 
                subject to the requirement that any cost 
                allocation methodology, and any rates affected 
                by the cost allocation methodology, shall be 
                just, reasonable, and not unduly discriminatory 
                or preferential;
                  (B) may permit allocation of costs for high-
                priority national transmission projects to 
                load-serving entities within all or a part of a 
                region, except that costs shall not be 
                allocated to a region, or subregion, unless the 
                costs are reasonably proportionate to 
                measurable economic and reliability benefits;
                  (C) may permit allocation of costs to 
                generators of electricity connected by a high-
                priority national transmission project; and
                  (D) shall provide for due deference to cost 
                allocation proposals supported by broad 
                agreement among affected States.
          (2) Mechanism for collection of costs.--The 
        Commission shall adopt such rules and require inclusion 
        of such provisions in transmission tariffs as are 
        required to provide for--
                  (A) the efficient collection of allocated 
                costs for development and operation of high-
                priority national transmission projects; and
                  (B) the distribution of those revenues to 
                owners of the high-priority national 
                transmission projects.
    (j) Relationship to Other Laws.--
          (1) In general.--Except as specifically provided in 
        this section, nothing in this section affects any 
        requirement of an environmental or historic 
        preservation law of the United States, including--
                  (A) the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.);
                  (B) the Wilderness Act (16 U.S.C. 1131 et 
                seq.); or
                  (C) the National Historic Preservation Act 
                (16 U.S.C. 470 et seq.).
          (2) State law.--Nothing in this section precludes any 
        person from constructing or modifying any transmission 
        facility in accordance with State law.
    (k) Transmission Rights To Support New Generation 
Development.--Subject to section 217(b)(4), it is the policy of 
the United States that long-term transmission rights of 
firmness and duration sufficient to support generation 
investment (or equivalent tradable or financial long-term 
transmission rights), shall be available under appropriate 
terms and conditions to load-serving entities (as defined in 
section 217(a)(2)) for long-term power supply arrangements for 
new generation facilities using renewable energy.
    (l) Resource Assessments.--
          (1) In general.--The Secretary shall conduct 
        nationwide assessments to identify areas with a 
        significant potential for the development of location-
        constrained resources.
          (2) Formats.--The resource assessments shall be made 
        available to the public in multiple formats, including 
        in a Geographical Information System compatible format.
          (3) Timing.--The Secretary shall--
                  (A) make the initial resource assessment 
                required under this subsection not later than 
                180 days after the date of enactment of the 
                American Clean Energy Leadership Act of 2009; 
                and
                  (B) refine the resource assessment on a 
                regular basis that is consistent with regional 
                planning cycles.
          (4) Technical assistance.--The Secretary shall 
        provide technical assistance to regional planning 
        authorities, on request, to assist the authorities in 
        carrying out this subsection.
    (m) Congestion Studies.--Not later than 1 year after the 
date of enactment of the American Clean Energy Leadership Act 
of 2009 and every 3 years thereafter, the Secretary, in 
consultation with affected States and Indian tribes, shall--
          (1) conduct a study of electric transmission 
        congestion; and
          (2) submit to the appropriate committees of Congress 
        a report that describes the results of the study.
    (n) Applicability.--
          (1) In general.--Except as otherwise provided in this 
        subsection, the authority of the Commission under this 
        section to approve transmission plans and to allocate 
        costs incurred pursuant to the plans applies to all 
        transmission providers, generators, and users, owners, 
        and operators of the power system within the Eastern 
        and Western Interconnections of the United States, 
        including entities described in section 201(f).
          (2) Regional planning entities.--The Commission shall 
        have authority over regional planning entities to the 
        extent necessary to carry out this section.
          (3) Project developers.--Nothing in this section 
        precludes the development, subject to applicable 
        regulatory requirements, of transmission projects that 
        are not included in plans developed under this section.
          (4) Commission-approved planning processes.--Nothing 
        in this section affects the approval, siting, or cost 
        allocation for a project that is authorized pursuant to 
        planning processes that have been approved by the 
        Commission.
          (5) Exclusions.--This section does not apply in the 
        State of Alaska or Hawaii or to the Electric 
        Reliability Council of Texas, unless the State or the 
        Council voluntarily elects to participate in a cost 
        allocation plan under this section.

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SEC. 222. PROHIBITION OF ENERGY MARKET MANIPULATION.

           *       *       *       *       *       *       *


    (b) No Private Right of Action.--Nothing in this section 
shall be construed to create a private right of action.
    (c) Cease-and-Desist Orders.--
          (1) In general.--If the Commission finds, on a proper 
        showing, after notice and opportunity for a hearing, 
        that any entity is manipulating or attempting to 
        manipulate or has manipulated or attempted to 
        manipulate any market for the sale of electric energy 
        at wholesale in interstate commerce in violation of a 
        rule or regulation prescribed by the Commission under 
        subsection (a), the Commission may enter an order 
        requiring the entity to cease and desist from 
        committing the violation.
          (2) Proper showing required.--For purposes of this 
        subsection, a proper showing is made by demonstrating 
        that--
                  (A) an entity has violated a rule or 
                regulation under subsection (a); and
                  (B) there is a likelihood of future 
                violations in the absence of an order under 
                this subsection.
    (d) Temporary Orders.--
          (1) In general.--If, in any proceeding under 
        subsection (c), the Commission finds that a violation 
        of a rule or regulation prescribed under subsection (a) 
        is likely to result in significant dissipation or 
        conversion of assets, significant harm to electric 
        consumers, or substantial harm to the public interest, 
        the Commission may enter a temporary order requiring 
        the respondent--
                  (A) to cease and desist from the violation; 
                and
                  (B) to take such action as the Commission 
                determines appropriate pending completion of 
                the proceeding--
                          (i) to prevent the violation; and
                          (ii) to prevent dissipation or 
                        conversion of assets, significant harm 
                        to electric consumers, or substantial 
                        harm to the public interest.
          (2) Notice and hearing.--A temporary order under this 
        subsection shall be entered only after notice and 
        opportunity for a hearing unless the Commission 
        determines that notice and hearing prior to entry would 
        be impracticable or contrary to the public interest.
          (3) Effective date.--A temporary order shall--
                  (A) become effective on the date of service 
                on the respondent; and
                  (B) unless set aside, limited, or suspended 
                by the Commission or a court of competent 
                jurisdiction, remain effective and enforceable 
                pending the completion of the proceedings.
          (4) Commission review.--
                  (A) In general.--At any time after the 
                respondent has been served with a temporary 
                order under this subsection, the respondent may 
                apply to the Commission to have the order set 
                aside, limited, or suspended.
                  (B) Temporary orders without hearings.--If 
                the respondent has been served with a temporary 
                order entered without a prior Commission 
                hearing--
                          (i) the respondent may, within 10 
                        days after the date on which the order 
                        was served, request a hearing on the 
                        application; and
                          (ii) the Commission shall hold a 
                        hearing and render a decision on the 
                        application at the earliest possible 
                        time.
          (5) Judicial review.--
                  (A) In general.--The respondent may apply to 
                an appropriate United States district court for 
                an order setting aside, limiting, or suspending 
                the effectiveness or enforcement of the order, 
                within--
                          (i) 10 days after the date the 
                        respondent was served with a temporary 
                        order entered with a prior Commission 
                        hearing; or
                          (ii) 10 days after the Commission 
                        renders a decision on an application 
                        and hearing under paragraph (4) with 
                        respect to any temporary order entered 
                        without a prior Commission hearing.
                  (B) Jurisdiction.--The United States District 
                Court for the district in which the respondent 
                resides or has its principal place of business, 
                or for the District of Columbia, shall have 
                jurisdiction to enter an order under this 
                paragraph.

           *       *       *       *       *       *       *


SEC. 223. JOINT BOARDS ON ECONOMIC DISPATCH.

           *       *       *       *       *       *       *


    (d) Report to the Congress.--Within 1 year after enactment 
of this section, the Commission shall issue a report and submit 
such report to the Congress regarding the recommendations of 
the joint boards under this section and the Commission may 
consolidate the recommendations of more than one such regional 
joint board, including any consensus recommendations for 
statutory or regulatory reform.

SEC. 224. CRITICAL ELECTRIC INFRASTRUCTURE.

    (a) Definitions.--In this section:
          (1) Critical electric infrastructure.--The term 
        `critical electric infrastructure' means systems and 
        assets, whether physical or virtual, used for the 
        generation, transmission, or distribution of electric 
        energy affecting interstate commerce that, as 
        determined by the Commission or the Secretary (as 
        appropriate), are so vital to the United States that 
        the incapacity or destruction of the systems and assets 
        would have a debilitating impact on national security, 
        national economic security, or national public health 
        or safety.
          (2) Critical electric infrastructure information.--
        The term `critical electric infrastructure information' 
        means critical infrastructure information relating to 
        critical electric infrastructure.
          (3) Critical infrastructure information.--The term 
        `critical infrastructure information' has the meaning 
        given the term in section 212 of the Critical 
        Infrastructure Information Act of 2002 (6 U.S.C. 131).
          (4) Cyber security threat.--The term `cyber security 
        threat' means the imminent danger of an act that 
        disrupts, attempts to disrupt, or poses a significant 
        risk of disrupting the operation of programmable 
        electronic devices or communications networks 
        (including hardware, software, and data) essential to 
        the reliable operation of critical electric 
        infrastructure.
          (5) Cyber security vulnerability.--The term `cyber 
        security vulnerability' means a weakness or flaw in the 
        design or operation of any programmable electronic 
        device or communication network that exposes critical 
        electric infrastructure to a cyber security threat.
          (6) Secretary.--The term `Secretary' means the 
        Secretary of Energy.
    (b) Authority of Commission.--
          (1) In general.--The Commission shall issue such 
        rules or orders as are necessary to protect critical 
        electric infrastructure from cyber security 
        vulnerabilities.
          (2) Expedited procedures.--The Commission may issue a 
        rule or order without prior notice or hearing if the 
        Commission determines the rule or order must be issued 
        immediately to protect critical electric infrastructure 
        from a cyber security vulnerability.
          (3) Consultation.--Before issuing a rule or order 
        under paragraph (2), to the extent practicable, taking 
        into account the nature of the threat and urgency of 
        need for action, the Commission shall consult with the 
        entities described in subsection (e)(1) and with 
        officials at other Federal agencies, as appropriate, 
        regarding implementation of actions that will 
        effectively address the identified cyber security 
        vulnerabilities.
          (4) Termination of rules or orders.--A rule or order 
        issued to address a cyber security vulnerability under 
        this subsection shall expire on the effective date of a 
        standard developed and approved pursuant to section 215 
        to address the cyber security vulnerability.
    (c) Emergency Authority of Secretary.--
          (1) In general.--If the Secretary determines that 
        immediate action is necessary to protect critical 
        electric infrastructure from a cyber security threat, 
        the Secretary may require, by order, with or without 
        notice, persons subject to the jurisdiction of the 
        Commission under this section to take such actions as 
        the Secretary determines will best avert or mitigate 
        the cyber security threat.
          (2) Coordination with canada and mexico.--In 
        exercising the authority granted under this subsection, 
        the Secretary is encouraged to consult and coordinate 
        with the appropriate officials in Canada and Mexico 
        responsible for the protection of cyber security of the 
        interconnected North American electricity grid.
          (3) Consultation.--Before exercising the authority 
        granted under this subsection, to the extent 
        practicable, taking into account the nature of the 
        threat and urgency of need for action, the Secretary 
        shall consult with the entities described in subsection 
        (e)(1) and with officials at other Federal agencies, as 
        appropriate, regarding implementation of actions that 
        will effectively address the identified cyber security 
        threat.
          (4) Cost recovery.--The Commission shall establish a 
        mechanism that permits public utilities to recover 
        prudently incurred costs required to implement 
        immediate actions ordered by the Secretary under this 
        subsection.
    (d) Duration of Expedited or Emergency Rules or Orders.--
Any rule or order issued by the Commission without prior notice 
or hearing under subsection (b)(2) or any order issued by the 
Secretary under subsection (c) shall remain effective for not 
more than 90 days unless, during the 90 day-period, the 
Commission--
          (1) gives interested persons an opportunity to submit 
        written data, views, or arguments (with or without 
        opportunity for oral presentation); and
          (2) affirms, amends, or repeals the rule or order.
    (e) Jurisdiction.--
          (1) In general.--Notwithstanding section 201, this 
        section shall apply to any entity that owns, controls, 
        or operates critical electric infrastructure.
          (2) Covered entities.
                  (A) In general.--An entity described in 
                paragraph (1) shall be subject to the 
                jurisdiction of the Commission for purposes 
                of--
                          (i) carrying out this section; and
                          (ii) applying the enforcement 
                        authorities of this Act with respect to 
                        this section.
                  (B) Jurisdiction.--This subsection shall not 
                make an electric utility or any other entity 
                subject to the jurisdiction of the Commission 
                for any other purpose.
          (3) Alaska and hawaii excluded.--Except as provided 
        in subsection (f), nothing in this section shall apply 
        in the State of Alaska or Hawaii.
    (f) Defense Facilities.--Not later than 1 year after the 
date of enactment of this section, the Secretary of Defense 
shall prepare, in consultation with the Secretary, the States 
of Alaska and Hawaii, the Territory of Guam, and the electric 
utilities that serve national defense facilities in those 
States and Territory, a comprehensive plan that identifies the 
emergency measures or actions that will be taken to protect the 
reliability of the electric power supply of the national 
defense facilities located in those States and Territory in the 
event of an imminent cybersecurity threat.
    (g) Protection of Critical Electric Infrastructure 
Information.--
          (1) In general.--Section 214 of the Critical 
        Infrastructure Information Act of 2002 (6 U.S.C. 133) 
        shall apply to critical electric infrastructure 
        information submitted to the Commission or the 
        Secretary under this section to the same extent as that 
        section applies to critical infrastructure information 
        voluntarily submitted to the Department of Homeland 
        Security under that Act (6 U.S.C. 131 et seq.).
          (2) Rules prohibiting disclosure.--Notwithstanding 
        section 552 of title 5, United States Code, the 
        Secretary and the Commission shall prescribe 
        regulations prohibiting disclosure of information 
        obtained or developed in ensuring cyber security under 
        this section if the Secretary or Commission, as 
        appropriate, decides disclosing the information would 
        be detrimental to the security of critical electric 
        infrastructure.
          (3) Procedures for sharing information.--
                  (A) In general.--The Secretary and the 
                Commission shall establish procedures on the 
                release of critical infrastructure information 
                to entities subject to this section, to the 
                extent necessary to enable the entities to 
                implement rules or orders of the Commission or 
                the Secretary.
                  (B) Requirements.--The procedures shall--
                          (i) limit the redissemination of 
                        information described in subparagraph 
                        (A) to ensure that the information is 
                        not used for an unauthorized purpose;
                          (ii) ensure the security and 
                        confidentiality of the information;
                          (iii) protect the constitutional and 
                        statutory rights of any individuals who 
                        are subjects of the information; and
                          (iv) provide data integrity through 
                        the timely removal and destruction of 
                        obsolete or erroneous names and 
                        information.

                            NATURAL GAS ACT


             Act of June 21, 1938, Chapter 556, as Amended


   AN ACT To regulate the transportation and sale of natural gas in 
interstate commerce, and for other purposes

           *       *       *       *       *       *       *


[SEC. 4A. IT]

SEC. 4A. PROHIBITION ON MARKET MANIPULATION.

    (a) In General.--It shall be unlawful for any entity, 
directly or indirectly, to use or employ, in connection with 
the purchase or sale of natural gas or the purchase or sale of 
transportation services subject to the jurisdiction of the 
Commission, any manipulative or deceptive device or contrivance 
(as those terms are used in section 10(b) of the Securities 
Exchange Act of 1934 (15 U.S.C. 78j(b)) in contravention of 
such rules and regulations as the Commission may prescribe as 
necessary in the public interest or for the protection of 
natural gas ratepayers. Nothing in this section shall be 
construed to create a private right of action.
    (b) Cease-and-Desist Orders.--
          (1) In general.--If the Commission finds, on a proper 
        showing, after notice and opportunity for a hearing, 
        that any entity is manipulating or attempting to 
        manipulate or has manipulated or attempted to 
        manipulate the market for the purchase or sale of 
        natural gas or the purchase or sale of transportation 
        services subject to the jurisdiction of the Commission 
        in violation of a rule or regulation prescribed by the 
        Commission under subsection (a), the Commission may 
        make and enter an order requiring the entity to cease 
        and desist from committing the violation.
          (2) Proper showing required.--For purposes of this 
        subsection, a proper showing is made by demonstrating 
        that--
                  (A) an entity has violated a rule or 
                regulation under subsection (a); and
                  (B) there is a likelihood of future 
                violations in the absence of an order under 
                this subsection.
    (c) Temporary Orders.--
          (1) In general.--If, in any proceeding under 
        subsection (b), the Commission finds that a violation 
        of a rule or regulation prescribed under subsection (a) 
        is likely to result in significant dissipation or 
        conversion of assets, significant harm to natural gas 
        consumers, or substantial harm to the public interest, 
        the Commission may enter a temporary order requiring 
        the respondent--
                  (A) to cease and desist from the violation; 
                and
                  (B) to take such action as the Commission 
                determines appropriate pending completion of 
                the proceeding--
                          (i) to prevent the violation; and
                          (ii) to prevent dissipation or 
                        conversion of assets, significant harm 
                        to natural gas consumers, or 
                        substantial harm to the public 
                        interest.
          (2) Notice and hearing.--A temporary order under this 
        subsection shall be entered only after notice and 
        opportunity for a hearing unless the Commission 
        determines that notice and hearing prior to entry would 
        be impracticable or contrary to the public interest.
          (3) Effective date.--A temporary order shall--
                  (A) become effective on the date of service 
                on the respondent; and
                  (B) unless set aside, limited, or suspended 
                by the Commission or a court of competent 
                jurisdiction, remain effective and enforceable 
                pending the completion of the proceedings.
          (4) Commission review.--
                  (A) In general.--At any time after the 
                respondent has been served with a temporary 
                order under this subsection, the respondent may 
                apply to the Commission to have the order set 
                aside, limited, or suspended.
                  (B) Temporary orders without hearings.--If 
                the respondent has been served with a temporary 
                order entered without a prior Commission 
                hearing
                          (i) the respondent may, within 10 
                        days after the date on which the order 
                        was served, request a hearing on the 
                        application; and
                          (ii) the Commission shall hold a 
                        hearing and render a decision on such 
                        application at the earliest possible 
                        time.
          (5) Judicial review.--
                  (A) In general.--The respondent may apply to 
                an appropriate United States district court for 
                an order setting aside, limiting, or suspending 
                the effectiveness or enforcement of the order, 
                within--
                          (i) 10 days after the date the 
                        respondent was served with a temporary 
                        order entered with a prior Commission 
                        hearing; or
                          (ii) 10 days after the Commission 
                        renders a decision on an application 
                        and hearing under paragraph (4) with 
                        respect to any temporary order entered 
                        without a prior Commission hearing.
                (B) Jurisdiction.--The United States District 
                Court for the district in which the respondent 
                resides or has its principal place of business, 
                or for the District of Columbia, shall have 
                jurisdiction to enter an order under this 
                paragraph.

           *       *       *       *       *       *       *


SEC. 22. CIVIL PENALTY AUTHORITY

           *       *       *       *       *       *       *


    (b) The penalty shall be assessed by the Commission after 
notice and opportunity for public hearing, in accordance with 
the same provisions as are applicable under section 31(d) of 
the Federal Power Act (16 U.S.C. 823b(d)) in the case of civil 
penalties assessed under section 31 of the Federal Power Act 
(16 U.S.C. 823b).

           *       *       *       *       *       *       *


                   OUTER CONTINENTAL SHELF LANDS ACT


             Act of August 7, 1953, Chapter 345, as Amended


 AN ACT To provide for the jurisdiction of the United States over the 
 submerged lands of the outer Continental Shelf, and to authorize the 
   Secretary of the Interior to lease such lands for certain purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Outer Continental Shelf Lands Act''.

           *       *       *       *       *       *       *


SEC. 12. RESERVATIONS.

    (a) The President of the United States may, from time to 
time, withdraw from disposition any of the unleased lands of 
the outer Continental Shelf.
    (b) In time of war, or when the President shall so 
prescribe, the United States shall have the right of first 
refusal to purchase at the market price all or any portion of 
any mineral produced from the outer Continental Shelf.
    (c) All leases issued under this Act, and leases, the 
maintenance and operation of which are authorized under this 
Act, shall contain or be construed to contain a provision 
whereby authority is vested in the Secretary, upon a 
recommendation of the Secretary of Defense, during a state of 
war or national emergency declared by the Congress or the 
President of the United States after the effective date of this 
Act, to suspend operations under any lease; and all such leases 
shall contain or be construed to contain provisions for the 
payment of just compensation to the lessee whose operations are 
thus suspended.
    (d) [The United States]
          (1) In general.--The United States reserves and 
        retains the right to designate by and through the 
        Secretary of Defense, with the approval of the 
        President, as areas restricted from exploration and 
        operation that part of the outer Continental Shelf 
        needed for national defense; and so long as such 
        designation remains in effect no exploration or 
        operations may be conducted on any part of the surface 
        of such area except with the concurrence of the 
        Secretary of Defense; and if operations or production 
        under any lease theretofore issued on lands within any 
        such restricted area shall be suspended, any payment of 
        rentals, minimum royalty, and royalty prescribed by 
        such lease likewise shall be suspended during such 
        period of suspension of operation and production, and 
        the term of such lease shall be extended by adding 
        thereto any such suspension period, and the United 
        States shall be liable to the lessee for such 
        compensation as is required to be paid under the 
        Constitution of the United States.
          (2) Review.--Annually, the Secretary of Defense 
        shall--
                  (A) review the areas of the outer Continental 
                Shelf that have been designated as restricted 
                from exploration and operation to determine 
                whether the areas should remain under 
                restriction; and
                  (B) based on the review under subparagraph 
                (A), make recommendations to the President.

           *       *       *       *       *       *       *


                     GEOTHERMAL STEAM ACT OF 1970 


       Public Law 91-581, Approved December 24, 1970, as Amended


 AN ACT To authorize the Secretary of the Interior to make disposition 
of geothermal steam and associated geothermal resources, and for other 
                                purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Geothermal Steam Act of 1970''.

           *       *       *       *       *       *       *


SEC. 4. LEASING PROCEDURES.

           *       *       *       *       *       *       *


    (b) Competitive Lease Sale Required.--
          (1) In general.--Except as otherwise specifically 
        provided by this Act, all land to be leased that is not 
        subject to leasing under subsection (c) shall be leased 
        as provided in this subsection to the highest 
        responsible qualified bidder, as determined by the 
        Secretary.
          (2) Competitive lease sales.--The Secretary shall 
        hold a competitive lease sale at least once every 2 
        years for land in a State that has nominations pending 
        under subsection (a) if the land is otherwise available 
        for leasing.
          (3) Lands subject to mining claims.--Lands that are 
        subject to a mining claim for which a plan of 
        operations has been approved by the relevant Federal 
        land management agency may be available for 
        noncompetitive leasing under this section to the mining 
        claim holder.
          (4) Land subject to oil and gas lease.--Land under an 
        oil and gas lease issued pursuant to the Mineral 
        Leasing Act (30 U.S.C. 181 et seq.) or the Mineral 
        Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) 
        that is subject to an approved application for permit 
        to drill and from which oil and gas production is 
        occurring may be available for leasing under subsection 
        (c) by the holder of the oil and gas lease.--
                  (A) on a determination that--
                          (i) geothermal energy will be 
                        produced from a well producing or 
                        capable of producing oil and gas; and
                          (ii) the public interest will be 
                        served by the issuance of such a lease; 
                        and
                  (B) in order to provide for the coproduction 
                of geothermal energy with oil and gas.

           *       *       *       *       *       *       *


              THE TRANS-ALASKA PIPELINE AUTHORIZATION ACT


       Public Law 93-153, Approved November 16, 1973, as Amended


 AN ACT To amend Section 28 of the Mineral Leasing Act of 1920, and to 
     authorize a Trans-Alaska Oil Pipeline, and for other purposes

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

           *       *       *       *       *       *       *


                                TITLE II


SEC. 201. SHORT TITLE.

    This title may be cited as the ``Trans-Alaska Pipeline 
Authorization Act''.

           *       *       *       *       *       *       *


SEC. 208. EXEMPTION OF TRANS-ALASKA OIL PIPELINE SYSTEM FROM CERTAIN 
                    REQUIREMENTS.

    (a) In General.--Except as provided in subsection (b), no 
part of the trans-Alaska oil pipeline system shall be 
considered to be a district, site, building, structure, or 
object for purposes of section 106 of the National Historic 
Preservation Act (16 U.S.C. 470f), regardless of whether all or 
part of the trans-Alaska oil pipeline system may otherwise be 
listed on, or eligible for listing on, the National Register of 
Historic Places.
    (b) Individual Elements.--
          (1) In general.--Subject to subsection (c), the 
        Secretary of the Interior may identify up to 3 sections 
        of the trans-Alaska oil pipeline system that possess 
        national or exceptional historic significance, and that 
        should remain after the pipeline is no longer used for 
        the purpose of oil transportation.
          (2) Historic site.--Any sections identified under 
        paragraph (1) shall be considered to be a historic 
        site.
          (3) Views.--In making the identification under this 
        subsection, the Secretary shall consider the views of--
                  (A) the owners of the pipeline;
                  (B) the State Historic Preservation Officer;
                  (C) the Advisory Council on Historic 
                Preservation; and
                  (D) the Federal Coordinator for Alaska 
                Natural Gas Transportation Projects.
    (c) Construction, Maintenance, Restoration, and 
Rehabilitation Activities.--Subsection (b) does not prohibit 
the owners of the trans-Alaska oil pipeline system from 
carrying out construction, maintenance, restoration, or 
rehabilitation activities on or for a section of the system 
described in subsection (b).

           *       *       *       *       *       *       *


                  ENERGY POLICY AND CONSERVATION ACT 


       Public Law 94-163, Approved December 22, 1975, as Amended


   AN ACT To increase domestic energy supplies and availability; to 
  restrain energy demand; to prepare for energy emergencies; and for 
                             other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Energy Policy and Conservation Act''.

                            TABLE OF CONTENTS

Sec. 2. Statement of purposes.
Sec. 3. Definitions.
     * * * * * * *

                 TITLE III--IMPROVING ENERGY EFFICIENCY

     * * * * * * *

                  PART C--CERTAIN INDUSTRIAL EQUIPMENT

Sec. 340. Definitions.
Sec. 341. Purpose and coverage.
Sec. 342. Standards.
Sec. 343. Test procedures.
Sec. 344. Labeling requirements.
Sec. 345. Administration, penalties, enforcement, and preemption.
Sec. 346. Energy conservation standards for high-intensity discharge 
          lamps, distribution transformers, and small electric motors.
Sec. 347. Motor efficiency rebate program.
     * * * * * * *

                  PART E--INDUSTRIAL ENERGY EFFICIENCY

     * * * * * * *
Sec. 375. Clean Energy Application Centers.
Sec. 376. Sustainable manufacturing initiative.

           *       *       *       *       *       *       *


TITLE I--MATTERS RELATED TO DOMESTIC SUPPLY AVAILABILITY

           *       *       *       *       *       *       *



PART B--STRATEGIC PETROLEUM RESERVE

           *       *       *       *       *       *       *



SEC. 154. STRATEGIC PETROLEUM RESERVE

    (a) A Strategic Petroleum Reserve for the storage of up to 
[1 billion barrels of petroleum products] 1,000,000,000 barrels 
of petroleum products (including at least 30,000,000 barrels of 
refined petroleum products shall be created pursuant to this 
part.

           *       *       *       *       *       *       *


SEC. 155. PLAN.

    Not later than 180 days after the date of enactment of this 
section, the Secretary shall submit to the President and, if 
the President approves, to Congress, a plan to include refined 
petroleum products in the Strategic Petroleum Reserve, 
including a description of--
          (1) the disposition of refined petroleum products 
        that shall be stored in the Reserve, which shall be 
        selected--
                  (A) to alleviate shortages that might be 
                expected to result from hurricanes, 
                earthquakes, or other acts of nature; and
                  (B) to minimize the number of different kinds 
                of refined petroleum products that shall be 
                stored;
          (2) the method of acquisition of refined petroleum 
        products for storage in the Reserve, which shall
                  (A) be intended to minimize both the cost and 
                market disruption associated with the 
                acquisition; and
                  (B) include--
                          (i) an analysis of the option of 
                        exchanging crude oil from the Reserve 
                        for refined petroleum products; and
                          (ii) the anticipated time requirement 
                        for building the inventory of refined 
                        petroleum products;
          (3) storage facility options for the storage of 
        refined petroleum products, including the anticipated 
        location of existing or new facilities;
          (4) the estimated costs of establishment, 
        maintenance, and operation of the refined petroleum 
        product component of the Reserve;
          (5) efforts the Department will take to ensure that 
        distributors and importers are not discouraged from 
        maintaining and increasing supplies of refined 
        petroleum products; and
          (6) actions that will be taken to ensure quality of 
        refined petroleum products in the Reserve, including 
        the rotation of products stored.

           *       *       *       *       *       *       *

    [Sec. 160. (a) The Secretary may acquire, place in storage, 
transport, or exchange--
          [(1) crude oil produced from Federal lands
          [(2) crude oil which the United States is entitled to 
        receive in kind as royalties from production on Federal 
        lands; and
          [(3) petroleum products acquired by purchase, 
        exchange, or otherwise.]

SEC. 160. PETROLEUM PRODUCTS FOR STORAGE IN THE RESERVE

    (a) Authority of Secretary.--
          (1) In general.--The Secretary may acquire, place in 
        storage, transport, or exchange--
                  (A) crude oil produced from Federal lands;
                  (B) crude oil which the United States is 
                entitled to receive in kind as royalties from 
                production on Federal lands; and
                  (C) in accordance with paragraph (2,) 
                petroleum products acquired by purchase, 
                exchange, or otherwise.
          (2) Monetary compensation.--In acquiring petroleum 
        products under paragraph (1)(C), the Secretary may 
        accept monetary compensation for differences in volume, 
        quality, or time of delivery as a result of--
                  (A) exchanges or deferrals of deliveries in 
                the event that the reserve inventory is at the 
                rated capacity of the reserve inventory; or
                  (B) discrepancies in delivered volumes with 
                respect to contractual volumes.

           *       *       *       *       *       *       *


SEC. 161. DRAWDOWN AND SALE OF PETROLEUM PRODUCTS

           *       *       *       *       *       *       *


    [(d)(1) Drawdown and sale of petroleum products from the 
Strategic Petroleum Reserve may not be made unless the 
President has found drawdown and sale are required by a severe 
energy supply interruption or by obligations of the United 
States under the international energy program.
    [(2) For purposes of this section, in addition to the 
circumstances set forth in section 3(8), a severe energy supply 
interruption shall be deemed to exist if the President 
determines that--
          [(A) an emergency situation exists and there is a 
        significant reduction in supply which is of significant 
        scope and duration;
          [(B) a severe increase in the price of petroleum 
        products has resulted from such emergency situation; 
        and
          [(C) such price increase is likely to cause a major 
        adverse impact on the national economy.]
    (d) Limitation on Drawdown and Sale.--
          (1) In general.--The drawdown and sale of petroleum 
        products from the Strategic Petroleum Reserve may not 
        be made unless the Secretary determines that--
                  (A) the drawdown and sale are required by--
                          (i) a severe energy market supply 
                        disruption; or
                          (ii) obligations of the United States 
                        under the international energy program; 
                        or
                  (B) in the case of the refined petroleum 
                product component of the Reserve, a sale of 
                refined petroleum products will mitigate the 
                impacts of weather-related events or other acts 
                of nature that have resulted in a severe energy 
                market supply disruption.
          (2) Severe energy market supply disruption.--For 
        purpose of this subsection, a severe energy market 
        supply disruption shall be considered to exist if the 
        Secretary determines that--
                  (A) an emergency situation exists and there 
                is a disruption in global oil markets of 
                significant scope and duration;
                  (B) a severe increase in the price of 
                petroleum products has resulted, or is likely 
                to result, from the emergency situation; and
                  (C) the price increase is likely to cause a 
                major adverse impact on the national economy.
    (e)(1) The Secretary shall sell petroleum products 
withdrawn from the Strategic Petroleum Reserve at public sale 
to the highest qualified bidder in the amounts, for the period, 
and after a notice of sale considered appropriate by the 
Secretary, and without regard to Federal, State, or local 
regulations controlling sales of petroleum products.

           *       *       *       *       *       *       *

    (h)(1) If [the President] the Secretary finds that--
          (A) a circumstance, other than those described in 
        subsection (d), exists that constitutes, or is likely 
        to become, a domestic or international energy supply 
        shortage of significant scope or duration;

           *       *       *       *       *       *       *

    (i) Notwithstanding any other law, [the President] the 
Secretary may permit any petroleum products withdrawn from the 
Strategic Petroleum Reserve in accordance with this section to 
be sold and delivered for refining or exchange outside of the 
United States, in connection with an arrangement for the 
delivery of refined petroleum products to the United States.

           *       *       *       *       *       *       *


SEC. 167. SPR PETROLEUM ACCOUNT

           *       *       *       *       *       *       *


    (b) Amounts in the Account may be obligated by the 
Secretary of Energy for the acquisition, transportation, and 
injection of petroleum products into the Strategic Petroleum 
Reserve, for test sales of petroleum products from the Reserve, 
and for the drawdown, sale, and delivery of petroleum products 
from the Reserve--
          [(2)] (1) in the case of any fiscal year, subject to 
        section 660 of the Department of Energy Organization 
        Act, in such aggregate amounts as may be appropriated 
        in advance in appropriation Acts[; and];
          [(3)] (2) in the case of any fiscal year, 
        notwithstanding section 660 of the Department of Energy 
        Organization Act, in an aggregate amount equal to the 
        aggregate amount of the receipts to the United States 
        from the sale of petroleum products in any drawdown and 
        distribution of the Strategic Petroleum Reserve under 
        section 161, including a drawdown and distribution 
        carried out under subsection (g) of such section, or 
        from the sale of petroleum products under section 
        160(f). Funds available to the Secretary of Energy for 
        obligation under this subsection may remain available 
        without fiscal year limitation[.]; and
          (3) notwithstanding section 660 of the Department of 
        Energy Organization Act (42 U.S.C. 7270), for each 
        fiscal year, in an aggregate amount equal to the 
        aggregate amount of the receipts to the United States 
        from any exchange of petroleum products or 
        discrepancies in delivered volume under section 160 
        (including section 160(a)(1)(C)).''.

           *       *       *       *       *       *       *


TITLE III--IMPROVING ENERGY EFFICIENCY

           *       *       *       *       *       *       *



 PART B--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS OTHER THAN 
                              AUTOMOBILES


SEC. 321. DEFINITIONS.

           *       *       *       *       *       *       *


          (67) Art work light fixture.--The term ``art work 
        light fixture'' means a light fixture designed only to 
        be mounted directly to an art work and for the purpose 
        of illuminating that art work.
          (68) Led light engine.--The term ``LED light engine'' 
        or ``LED light engine with integral heat sink'' means a 
        subsystem of an LED light fixture that--
                  (A) includes 1 or more LED components, 
                including--
                          (i) an LED driver power source with 
                        electrical and mechanical interfaces; 
                        and
                          (ii) an integral heat sink to provide 
                        thermal dissipation; and
                  (B) may be designed to accept additional 
                components that provide aesthetic, optical, and 
                environmental control.
          (69) LED light fixture.--The term ``LED light 
        fixture'' means a complete lighting unit consisting of
                  (A) an LED light source with 1 or more LED 
                lamps or LED light engines; and
                  (B) parts--
                          (i) to distribute the light;
                          (ii) to position and protect the 
                        light source; and
                          (iii) to connect the light source to 
                        electrical power.
          (70) Light fixture.--The term ``light fixture'' means 
        a product designed to provide light that includes
                  (A) at least 1 lamp socket; and
                  (B) parts--
                          (i) to distribute the light;
                          (ii) to position and protect 1 or 
                        more lamps; and
                          (iii) to connect 1 or more lamps to a 
                        power supply.
          (71) Portable light fixture.----
                  (A) In general.--The term ``portable light 
                fixture'' means a light fixture that has a 
                flexible cord and an attachment plug for 
                connection to a nominal 120-volt circuit that--
                          (i) allows the user to relocate the 
                        product without any rewiring; and
                          (ii) typically can be controlled with 
                        a switch located on the product or the 
                        power cord of the product.
                  (B) Exclusions.--The term ``portable light 
                fixture'' does not include--
                          (i) direct plug-in night lights, sun 
                        or heat lamps, medical or dental 
                        lights, portable electric hand lamps, 
                        signs or commercial advertising 
                        displays, photographic lamps, 
                        germicidal lamps, or light fixtures for 
                        marine use or for use in hazardous 
                        locations (as those terms are defined 
                        in ANSI/NFPA 70 of the National 
                        Electrical Code); or
                          (ii) decorative lighting strings, 
                        decorative lighting outfits, or 
                        electric candles or candelabra without 
                        lamp shades that are covered by 
                        Underwriter Laboratories (UL) standard 
                        588, ``Seasonal and Holiday Decorative 
                        Products''.''.
          (72) GU-24.--The term ``GU-24'' means the designation 
        of a lamp socket, based on a coding system by the 
        International Electrotechnical Commission, under 
        which--
                  (A) ``G'' indicates a holder and socket type 
                with 2 or more projecting contacts, such as 
                pins or posts;
                  (B) ``U'' distinguishes between lamp and 
                holder designs of similar type that are not 
                interchangeable due to electrical or mechanical 
                requirements; and
                  (C) 24 indicates the distance in millimeters 
                between the electrical contact posts.
          (73) GU-24 adaptor.--
                  (A) In general.--The term ``GU-24 Adaptor'' 
                means a 1-piece device, pig-tail, wiring 
                harness, or other such socket or base 
                attachment that--
                          (i) connects to a GU-24 socket on 1 
                        end and provides a different type of 
                        socket or connection on the other end; 
                        and
                          (ii) does not alter the voltage.
                  (B) Exclusion.--The term ``GU-24 Adaptor'' 
                does not include a fluorescent ballast with a 
                GU-24 base.
          (74) GU-24 base lamp. The term ``GU-24 base lamp'' 
        means a light bulb designed to fit in a GU-24 socket.

           *       *       *       *       *       *       *


SEC. 322. COVERAGE.

    (a) In general.--The following consumer products, excluding 
those consumer products designed solely for use in recreational 
vehicles and other mobile equipment, are covered products:
          (17) Water closets.
          (18) Urinals.
          (19) Metal halide lamp fixtures.
          (20) Portable light fixtures.
          [(20)] (21) Any other type of consumer product which 
        the Secretary classifies as a covered product under 
        subsection (b).

           *       *       *       *       *       *       *


SEC. 323. TEST PROCEDURES.

           *       *       *       *       *       *       *


    (b) Amended and New Procedures.--
          (1) Test procedures.--
                  (A) Amendment.--At least once every 7 years, 
                the Secretary shall review test procedures for 
                all covered products and--
                          (i) [amend] publish in the Federal 
                        Register amended test procedures with 
                        respect to any covered product, if the 
                        Secretary determines that amended test 
                        procedures would more accurately or 
                        fully comply with the requirements of 
                        paragraph (3); or
                          (ii) publish notice in the Federal 
                        Register of any determination not to 
                        amend a test procedure.
                  (B) Petitions.--
                          (i) In general.--In the case of any 
                        covered product, any person may 
                        petition the Secretary to conduct a 
                        rulemaking--
                                  (I) to prescribe a test 
                                procedure for the covered 
                                product; or
                                  (II) to amend the test 
                                procedures applicable to the 
                                covered product to more 
                                accurately or fully comply with 
                                paragraph (3).
                          (ii) Determination.--The Secretary 
                        shall--
                                  (I) not later than 90 days 
                                after the date of receipt of 
                                the petition, publish the 
                                petition in the Federal 
                                Register; and
                                  (II) not later than 180 days 
                                after the date of receipt of 
                                the petition, grant or deny the 
                                petition.
                          (iii) Basis.--The Secretary shall 
                        grant a petition if the Secretary finds 
                        that the petition contains evidence 
                        that, assuming no other evidence was 
                        considered, provides an adequate basis 
                        for determining that an amended test 
                        method would more accurately or fully 
                        comply with paragraph.
                          (iv) Effect on other requirements.--
                        The granting of a petition by the 
                        Secretary under this subparagraph shall 
                        create no presumption with respect to 
                        the determination of the Secretary that 
                        the proposed test procedure meets the 
                        requirements of paragraph (3).
                          (v) Rulemaking.--
                                  (I) In general.--Except as 
                                provided in subclause (II), not 
                                later than the end of the 18-
                                month period beginning on the 
                                date of granting a petition, 
                                the Secretary shall publish an 
                                amended test method or a 
                                determination not to amend the 
                                test method.
                                  (II) Extension.--The 
                                Secretary may extend the period 
                                described in subclause (I) for 
                                1 additional year.
                                  (III) Direct final rule. The 
                                Secretary may adopt a consensus 
                                test procedure in accordance 
                                with the direct final rule 
                                procedure established under 
                                section 325(p)(4).

           *       *       *       *       *       *       *

          (18) Metal halide lamp ballasts.--Test procedures for 
        metal halide lamp ballasts shall be based on ANSI 
        Standard C82.6-2005, entitled ``Ballasts for High 
        Intensity Discharge Lamps--Method of Measurement''.
          (19) LED fixtures and led light engines.--Test 
        procedures for LED fixtures and LED light engines shall 
        be based on Illuminating Engineering Society of North 
        America test procedure LM-79, Approved Method for 
        Electrical and Photometric Testing of Solid-State 
        Lighting Devices and an IES-approved test procedure for 
        testing LED light engines.

           *       *       *       *       *       *       *


SEC. 324A. ENERGY STAR PROGRAM.

           *       *       *       *       *       *       *


    (b) Division of Responsibilities.--[Responsibilities]
          (1) In general.--Responsibilities under the program 
        shall be divided between the Department of Energy and 
        the Environmental Protection Agency in accordance with 
        the terms of applicable agreements between those 
        agencies; and
          (2) Update.--Not later than 180 days after the date 
        of enactment of this paragraph, the Secretary and the 
        Administrator shall update the agreements described in 
        paragraph (1), including agreements on provisions that 
        provide--
                  (A) a clear delineation of the roles and 
                responsibilities of each agency that is based 
                on the resources and areas of expertise of each 
                agency;
                  (B) a formal process for high-level decision 
                making that allows each agency to make specific 
                programmatic decisions based on the program 
                approaches of each agency;
                  (C) a facilitated annual planning meeting 
                that establishes strategic priorities and goals 
                for the coming year;
                  (D) a prescribed course of action to work 
                through differences and disagreements;
                  (E) a facilitated biannual program review 
                conducted by a third party that--
                          (i) incorporates an assessment of 
                        program progress, partner acceptance, 
                        the achievement of program goals, and 
                        future strategic planning; and
                          (ii) is evaluated by the Council on 
                        Environmental Quality, which shall 
                        appraise the findings in the review and 
                        work with the agencies to resolve any 
                        negative findings; and
                  (F) a sunset date for the new agreement and a 
                timetable for establishing future agreements 
                based on priorities at that time.
    (c) Duties.--The Administrator and the Secretary shall--
          (1) promote Energy Star compliant technologies as the 
        preferred technologies in the marketplace for--

           *       *       *       *       *       *       *

          (6) on adoption of a new or revised product category, 
        specification, or criterion, provide reasonable notice 
        to interested parties of any changes (including 
        effective dates) in product categories, specifications, 
        or criteria, along with--
                  (A) an explanation of the changes; and
                  (B) as appropriate, responses to comments 
                submitted by interested parties; [and]
          (7) provide appropriate lead time (which shall be 270 
        days, unless the Agency or Department specifies 
        otherwise) prior to the applicable effective date for a 
        new or a significant revision[.];
          (8)(A) review each product category--
                  (i) at least once every 3 years; or
                  (ii) when market share for an Energy Star 
                product category reaches 35 percent;
          (B) based on the review--
                  (i) update and publish the Energy Star 
                product criteria for the category; or
                  (ii) publish a finding that no update is 
                justified with the explanation for the finding; 
                and
          (C) require that--
                  (i) industry consensus test methods 
                established by the Department of Energy shall--
                          (I) take into consideration test 
                        procedures or rating procedures 
                        developed by industry standards 
                        organizations; and
                          (II) be used for all solid-state 
                        lighting products, including--
                                  (aa) integral luminaries;
                                  (bb) integral replacement 
                                lamps;
                                  (cc) light engines; and
                  (ii) in accordance with the commercialization 
                support provisions of section 912 of the Energy 
                Policy Act of 2005 (42 U.S.C 16192), the 
                Department of Energy shall assume all 
                responsibility for the implementation of an 
                Energy Star program for solid-state lighting; 
                and
          (D) during the initial review for each product 
        category, establish an alternative market share to 
        trigger subsequent reviews, based on product-specific 
        technology and market attributes;
          (9) require a demonstration of compliance with the 
        Energy Star criteria by qualified products, except 
        that--
                  (A) the demonstration shall be conducted in 
                accordance with appropriate methods determined 
                for each product type by the Secretary or the 
                Administrator of the Environmental Protection 
                Agency (as appropriate), including--
                          (i) third-party verification;
                          (ii) third-party certification;
                          (iii) purchase and testing of 
                        products from the market; or
                          (iv) other verified testing and 
                        compliance approaches; and
                  (B) the Secretary or the Administrator may 
                exempt specific types of products from the 
                requirements of this subparagraph if the 
                Secretary or Administrator finds that--
                          (i) the benefits to the Energy Star 
                        program of verifying product 
                        performance are substantially exceeded 
                        by the burdens; or
                          (ii) there are no benefits to the 
                        Energy Star program; and
          (10) develop and publish standardized building energy 
        audit methods.

           *       *       *       *       *       *       *


SEC. 324A. ENERGY STAR PROGRAM.

           *       *       *       *       *       *       *


    (e) Study Regarding Energy Superstar Concept.--
          (1) Study.--
                  (A) In general.--As soon as practicable after 
                the date of enactment of this subsection, in 
                accordance with subparagraph (B), the Secretary 
                and the Administrator of the Environmental 
                Protection Agency (referred to in this 
                subsection as the `heads of the Federal 
                agencies concerned') shall carry out jointly a 
                study to determine the feasibility and 
                advisability of adding to the Energy Star 
                program of the Environmental Protection Agency 
                and the Department of Energy a component to be 
                known as the `Energy Superstar tier' under 
                which--
                          (i) the tier would recognize the top 
                        performing products and buildings 
                        (which would include the top 
                        approximately 5 percent of the market) 
                        that are determined to be products that 
                        are cost-effective to consumers; and
                          (ii) at least a portion of the Energy 
                        Star product categories would be 
                        included under the tier.
                  (B) Requirements. In carrying out the study 
                under subparagraph (A), the heads of the 
                Federal agencies concerned shall--
                          (i) examine the costs and benefits, 
                        and advantages and disadvantages, of 
                        establishing the Energy Superstar tier;
                          (ii) survey a sample of program 
                        participants (including builders, 
                        manufacturers, energy efficiency 
                        program operators and other interested 
                        parties) to determine the opinions of 
                        the program participants regarding the 
                        potential usefulness of the Energy 
                        Superstar tier; and
                          (iii) conduct an examination to 
                        determine whether the Energy Superstar 
                        tier will cause an undesirable dilution 
                        of the Energy Star brand.
          (2) Report.--Not later than 1 year after the date of 
        enactment of this subsection, the heads of the Federal 
        agencies concerned shall jointly submit to the 
        appropriate committees of Congress a report that 
        contains each recommendation of the heads of the 
        Federal agencies concerned regarding--
                  (A) whether the Energy Superstar tier should 
                be established; and
                  (B) if the heads of the Federal agencies 
                concerned recommend the establishment of the 
                Energy Superstar tier under subparagraph (A), a 
                proposed schedule and budget for the 
                establishment and implementation of the Energy 
                Superstar tier.
    (f) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--
          (1) to the Department of Energy $25,000,000 for each 
        fiscal year; and
          (2) to the Environmental Protection Agency 
        $100,000,000 for each fiscal year.

           *       *       *       *       *       *       *


SEC. 325. ENERGY CONSERVATION STANDARDS.

           *       *       *       *       *       *       *


    (i) General Service Fluorescent Lamps, General Service 
Incandescent Lamps, Intermediate Base Incandescent Lamps, 
Candelabra Base Incandescent Lamps, and Incandescent Reflector 
Lamps.--

           *       *       *       *       *       *       *

          (8) Not later than the date on which standards 
        established pursuant to this subsection become 
        effective, or, with respect to high-intensity discharge 
        lamps covered under section 346, the effective date of 
        standards established pursuant to such section, each 
        manufacturer of a product to which such standards are 
        applicable shall file with the Secretary a laboratory 
        report certifying compliance with the applicable 
        standard for each lamp type. Such report shall include 
        the lumen output and wattage consumption for each lamp 
        type as an average of measurements taken over the 
        preceding 12-month period. With respect to lamp types 
        which are not manufactured during the 12-month period 
        preceding the date such standards become effective, 
        such report shall be filed with the Secretary not later 
        than the date which is 12 months after the date 
        manufacturing is commenced and shall include the lumen 
        output and wattage consumption for each such lamp type 
        as an average of measurements taken during such 12-
        month period.
          (9) Certain incandescent reflector lamps.--
                  (A) In general.--Not later than July 1, 2011, 
                the Secretary shall publish a final rule 
                establishing standards for incandescent 
                reflector lamp types described in paragraph 
                (1)(C).
                  (B) Effective date.--The standards described 
                in subparagraph (A) shall take effect on July 
                1, 2013.
                  (C) Standards.--In conducting a rulemaking 
                for incandescent reflector lamps under this 
                paragraph after the date of enactment of this 
                paragraph, the Secretary shall consider the 
                standards for all incandescent reflector lamps, 
                including lamp types described in 
                paragraph(1)(C).
          (10) Reflector lamps.--
                  (A) In general.--Not later than January 1, 
                2015, the Secretary shall publish a final rule 
                establishing and amending standards for 
                reflector lamps, including incandescent 
                reflector lamps.
                  (B) Administration.--In conducting the 
                rulemaking for reflector lamps under this 
                paragraph, the Secretary shall consider--
                          (i) incandescent and nonincandescent 
                        technologies; and
                          (ii) a new metric, other than lumens 
                        per watt, that is based on the 
                        photometric distribution of those 
                        lamps.
                  (C) Effective date.--The standards described 
                in subparagraph (A) shall take effect not 
                earlier than the date that is 3 years after the 
                date of publication of the final rule, as 
                determined by the Secretary.

           *       *       *       *       *       *       *

    (l) Standards for Other Covered Products.--(1) The 
Secretary may prescribe an energy conservation standard for any 
type (or class) of covered products of a type specified in 
[paragraph (19)] paragraph (21) of section 322(a) if the 
requirements--

           *       *       *       *       *       *       *

    (2) Any new or amended standard for covered products of a 
type specified in [paragraph (19)] paragraph (21) of section 
322(a) shall not apply to products manufactured within five 
years after the publication of a final rule establishing such 
standard.

           *       *       *       *       *       *       *

    (n) Petition for an Amended Standard.--

           *       *       *       *       *       *       *

          (2) The Secretary shall grant a petition if he finds 
        that it contains evidence which, assuming no other 
        evidence were considered, provides an adequate basis 
        for amending the standards under the following 
        criteria--
                  (A) amended standards will result in 
                significant conservation of energy;
                  (B) amended standards are technologically 
                feasible; and
                  (C) amended standards are cost effective as 
                described in subsection (o)(2)(B)(i)(II).
        The grant of a petition by the Secretary under this 
        subsection creates no presumption with respect to the 
        Secretary's determination of any of the criteria in a 
        rulemaking under this section.
          (3) Notice of decision.--Not later than 180 days 
        after the date of receiving a petition, the Secretary 
        shall publish in the Federal Register a notice of, and 
        explanation for, the decision of the Secretary to grant 
        or deny the petition.
          (4) New or amended standards.--Not later than 3 years 
        after the date of granting a petition for new or 
        amended standards, the Secretary shall publish in the 
        Federal Register--
                  (A) a final rule that contains the new or 
                amended standards; or
                  (B) a determination that no new or amended 
                standards are necessary.
          [(3)] (5) An amendment prescribed under this 
        subsection shall apply to products manufactured after a 
        date which is 5 years after--
                  (A) the effective date of the previous 
                amendment pursuant to this part; or
                  (B) if the previous final rule published 
                under this part did not amend the standard, the 
                earliest date by which a previous amendment 
                could have been in effect, except that in no 
                case may an amended standard apply to products 
                manufactured within 3 years (for refrigerators, 
                refrigerator-freezers, and freezers, room air 
                conditioners, dishwashers, clothes washers, 
                clothes dryers, fluorescent lamp ballasts, 
                general service fluorescent lamps, incandescent 
                reflector lamps, and kitchen ranges and ovens) 
                or 5 years (for central air conditioners and 
                heat pumps, water heaters, pool heaters, direct 
                heating equipment and furnaces) after 
                publication of the final rule establishing a 
                standard.

           *       *       *       *       *       *       *

    (hh)(4) Design and Performance Requirements.--
Notwithstanding any other provision of law, any standard 
established pursuant to this subsection may contain both design 
and performance requirements.
    (ii) Portable Light Fixtures.--
          (1) In general.--Subject to paragraphs (2) and (3), 
        portable light fixtures manufactured on or after 
        January 1, 2012, shall meet 1 or more of the following 
        requirements:
                  (A) Be a fluorescent light fixture that meets 
                the requirements of the Energy Star Program for 
                Residential Light Fixtures, Version 4.2.
                  (B) Be equipped with only 1 or more GU-24 
                line-voltage sockets, not be rated for use with 
                incandescent lamps of any type (as defined in 
                ANSI standards), and meet the requirements of 
                version 4.2 of the Energy Star program for 
                residential light fixtures.
                  (C) Be an LED light fixture or a light 
                fixture with an LED light engine and comply 
                with the following minimum requirements:
                          (i) Minimum light output: 200 lumens 
                        (initial).
                          (ii) Minimum LED light engine 
                        efficacy: 40 lumens/watt installed in 
                        fixtures that meet the minimum light 
                        fixture efficacy of 29 lumens/watt or, 
                        alternatively, a minimum LED light 
                        engine efficacy of 60 lumens/watt for 
                        fixtures that do not meet the minimum 
                        light fixture efficacy of 29 lumens/
                        watt.
                          (iii) All portable fixtures shall 
                        have a minimum LED light fixture 
                        efficacy of 29 lumens/watt and a 
                        minimum LED light engine efficacy of 60 
                        lumens/watt by January 1, 2016.
                          (iv) Color Correlated Temperature 
                        (CCT): 2700K through 4000K.
                          (v) Minimum Color Rendering Index 
                        (CRI): 75.
                          (vi) Power factor equal to or greater 
                        than 0.70.
                          (vii) Portable luminaries that have 
                        internal power supplies shall have zero 
                        standby power when the luminaire is 
                        turned off.
                          (viii) LED light sources shall 
                        deliver at least 70 percent of initial 
                        lumens for at least 25,000 hours.
                  (D)(i) Be equipped with an ANSI-designated 
                E12, E17, or E26 screw-based socket and be 
                prepackaged and sold together with a screw-
                based compact fluorescent lamp or screw-based 
                LED lamp for each screw-based socket on the 
                portable light fixture.
                  (ii) The compact fluorescent or LED lamps 
                prepackaged with the light fixture shall be 
                fully compatible with any light fixture 
                controls incorporated into the light fixture 
                (for example, light fixtures with dimmers shall 
                be packed with dimmable lamps).
                  (iii) Compact fluorescent lamps prepackaged 
                with light fixtures shall meet the requirements 
                of the Energy Star Program for CFLs Version 
                4.0.
                  (iv) Screw-based LED lamps shall comply with 
                the minimum requirements described in 
                subparagraph (C).
                  (E) Be equipped with 1 or more single ended, 
                non-screw based halogen lamp sockets (line or 
                low voltage), a dimmer control or high low 
                control, and be rated for a maximum of 100 
                watts.
          (2) Review.--
                  (A) Review.--The Secretary shall review the 
                criteria and standards established under 
                paragraph (1) to determine if revised standards 
                are technologically feasible and economically 
                justified.
                  (B) Components.--The review shall include 
                consideration of--
                          (i) whether a separate compliance 
                        procedure is still needed for halogen 
                        fixtures described in subparagraph (E) 
                        and, if necessary, what an appropriate 
                        standard for halogen fixtures shall be;
                          (ii) which of the specific technical 
                        criteria described in subparagraphs 
                        (A), (C), and (D)(iii) should be 
                        modified; and
                          (iii) which fixtures should be 
                        exempted from the light fixture 
                        efficacy standard as of January 1, 
                        2016, because the fixtures are 
                        primarily decorative in nature (as 
                        defined by the Secretary) and, even if 
                        exempted, are likely to be sold in 
                        limited quantities.
                  (C) Timing.--
                          (i) Determination.--Not later than 
                        January 1, 2014, the Secretary shall 
                        publish amended standards, or a 
                        determination that no amended standards 
                        are justified, under this subsection.
                          (ii) Standards.--Any standards under 
                        this subsection take effect on January 
                        1, 2016.
          (3) Art work light fixtures.--Art work light fixtures 
        manufactured on or after January 1, 2012, shall--
                  (A) comply with paragraph (1); or
                  (B)(i) contain only ANSI-designated E12 
                screw-based line-voltage sockets;
                  (ii) have not more than 3 sockets;
                  (iii) be controlled with an integral high/low 
                switch;
                  (iv) be rated for not more than 25 watts if 
                fitted with 1 socket; and
                  (v) be rated for not more than 15 watts per 
                socket if fitted with 2 or 3 sockets.
          (4) Exception from preemption.--Notwithstanding 
        section 327, Federal preemption shall not apply to a 
        regulation concerning portable light fixtures adopted 
        by the California Energy Commission on or before 
        January 1, 2014.
    (jj) GU-24 Base Lamps.--
          (1) In general.--A GU-24 base lamp shall not be an 
        incandescent lamp as defined by ANSI.
          (2) GU-24 adaptors.--GU-24 adaptors shall not adapt a 
        GU-24 socket to any other line voltage socket.
    [(ii)] (kk) Application Date.--Section 327 applies--
          (1) to products for which energy conservation 
        standards are to be established under subsection (l), 
        (u), or (v) beginning on the date on which a final rule 
        is issued by the Secretary, except that any State or 
        local standard prescribed or enacted for the product 
        before the date on which the final rule is issued shall 
        not be preempted until the energy conservation standard 
        established under subsection (l), (u), or (v) for the 
        product takes effect; and
          (2) to products for which energy conservation 
        standards are established under subsections (w) through 
        (hh) on the date of enactment of those subsections, 
        except that any State or local standard prescribed or 
        enacted before the date of enactment of those 
        subsections shall not be preempted until the energy 
        conservation standards established under subsections 
        (w) through (hh) take effect.

           *       *       *       *       *       *       *


PART C--CERTAIN INDUSTRIAL EQUIPMENT

           *       *       *       *       *       *       *



SEC. 342. STANDARDS.

    (a) Small, Large, and Very Large Commercial Package Air 
Conditioning and Heating Equipment, Packaged Terminal Air 
Conditioners and Heat Pumps, Warm-Air Furnaces, Packaged 
Boilers, Storage Water Heaters, Instantaneous Water Heaters, 
and Unfired Hot Water Storage Tanks.--

           *       *       *       *       *       *       *

          (10) Single package vertical air conditioners and 
        single package vertical heat pumps.--

           *       *       *       *       *       *       *

                  (B) Review.--Not later than 3 years after the 
                date of enactment of this paragraph, the 
                Secretary shall review the most recently 
                published ASHRAE/IES Standard 90.1 with respect 
                to single package vertical air conditioners and 
                single package vertical heat pumps in 
                accordance with the procedures established 
                under paragraph (6).
          (11) Warm air furnaces with an input rating of 
        225,000 Btu per hour or more and manufactured after 
        January 1, 2011, shall meet the following standard 
        levels:
                  (A) Gas-fired units shall--
                          (i) have a minimum combustion 
                        efficiency of 80 percent;
                          (ii) include an interrupted or 
                        intermittent ignition device;
                          (iii) have jacket losses not 
                        exceeding 0.75 percent of the input 
                        rating; and
                          (iv) have power venting or a flue 
                        damper.
                  (B) Oil-fired units shall have--
                          (i) a minimum thermal efficiency of 
                        81 percent;
                          (ii) jacket losses not exceeding 0.75 
                        percent of the input rating; and
                          (iii) power venting or a flue damper.

           *       *       *       *       *       *       *


SEC. 343. TEST PROCEDURES.

    (a) Prescription by Secretary; Requirements.--
          [(1) Test procedures.--
                  [(A) Amendment.--At least once every 7 years, 
                the Secretary shall conduct an evaluation of 
                each class of covered equipment and--
                          [(i) if the Secretary determines that 
                        amended test procedures would more 
                        accurately or fully comply with the 
                        requirements of paragraphs (2) and (3), 
                        shall prescribe test procedures for the 
                        class in accordance with this section; 
                        or
                          [(ii) shall publish notice in the 
                        Federal Register of any determination 
                        not to amend a test procedure.]
          (1) Amendment and petition process.--
                  (A) In general.--At least once every 7 years, 
                the Secretary shall review test procedures for 
                all covered equipment and--
                          (i) publish in the Federal Register 
                        amended test procedures with respect to 
                        any covered equipment, if the Secretary 
                        determines that amended test procedures 
                        would more accurately or fully comply 
                        with paragraphs (2) and (3); or
                          (ii) publish notice in the Federal 
                        Register of any determination not to 
                        amend a test procedure.
                  (B) Petitions.--
                          (i) In general.--In the case of any 
                        class or category of covered equipment, 
                        any person may petition the Secretary 
                        to conduct a rulemaking--
                                  (I) to prescribe a test 
                                procedure for the covered 
                                equipment; or
                                  (II) to amend the test 
                                procedures applicable to the 
                                covered equipment to more 
                                accurately or fully comply with 
                                paragraphs (2) and (3).
                          (ii) Determination.--The Secretary 
                        shall--
                                  (I) not later than 90 days 
                                after the date of receipt of 
                                the petition, publish the 
                                petition in the Federal 
                                Register; and
                                  (II) not later than 180 days 
                                after the date of receipt of 
                                the petition, grant or deny the 
                                petition.
                          (iii) Basis.--The Secretary shall 
                        grant a petition if the Secretary finds 
                        that the petition contains evidence 
                        that, assuming no other evidence was 
                        considered, provides an adequate basis 
                        for determining that an amended test 
                        method would more accurately promote 
                        energy or water use efficiency.
                          (iv) Effect on other requirements.--
                        The granting of a petition by the 
                        Secretary under this paragraph shall 
                        create no presumption with respect to 
                        the determination of the Secretary that 
                        the proposed test procedure meets the 
                        requirements of paragraphs (2) and (3).
                          (v) Rulemaking.--
                                  (I) In general.--Except as 
                                provided in subclause (II), not 
                                later than the end of the 18-
                                month period beginning on the 
                                date of granting a petition, 
                                the Secretary shall publish an 
                                amended test method or a 
                                determination not to amend the 
                                test method.
                                  (II) Extension.--The 
                                Secretary may extend the period 
                                described in subclause (I) for 
                                1 additional year.
                                  (III) Direct final rule.--The 
                                Secretary may adopt a consensus 
                                test procedure in accordance 
                                with the direct final rule 
                                procedure established under 
                                section 325(p).

           *       *       *       *       *       *       *

          (4)(A) With respect to small commercial package air 
        conditioning and heating equipment, large commercial 
        package air conditioning and heating equipment, very 
        large commercial package air conditioning and heating 
        equipment, packaged terminal air conditioners, packaged 
        terminal heat pumps, warm-air furnaces, packaged 
        boilers, storage water heaters, instantaneous water 
        heaters, and unfired hot water storage tanks to which 
        standards are applicable under section 342, the test 
        procedures shall be those generally accepted industry 
        testing procedures or rating procedures developed or 
        recognized by the [Air-Conditioning and Refrigeration 
        Institute] Air-Conditioning, Heating, and Refrigeration 
        Instituter by the American Society of Heating, 
        Refrigerating and Air Conditioning Engineers, as 
        referenced in ASHRAE/IES Standard 90.1 and in effect on 
        June 30, 1992.

           *       *       *       *       *       *       *

          (7)(A) In the case of automatic commercial ice 
        makers, the test procedures shall be the test 
        procedures specified in [Air-Conditioning and 
        Refrigeration Institute] Air-Conditioning, Heating, and 
        Refrigeration Institute--Standard 810-2003, as in 
        effect on January 1, 2005.
          (B)(i) If [Air-Conditioning and Refrigeration 
        Institute] Air-Conditioning, Heating, and Refrigeration 
        Institute--Standard 810-2003 is amended, the Secretary 
        shall amend the test procedures established in 
        subparagraph (A) as necessary to be consistent with the 
        amended [Air-Conditioning and Refrigeration Institute] 
        Air-Conditioning, Heating, and Refrigeration 
        Institute--Standard, unless the Secretary determines, 
        by rule, published in the Federal Register and 
        supported by clear and convincing evidence, that to do 
        so would not meet the requirements for test procedures 
        under paragraphs (2) and (3).
          (ii) If the Secretary issues a rule under clause (i) 
        containing a determination described in clause (ii), 
        the rule may establish an amended test procedure for 
        the product that meets the requirements of paragraphs 
        (2) and (3).

           *       *       *       *       *       *       *

    (b) Before prescribing any final test procedures under this 
section, the Secretary shall--
          (1) publish proposed test procedures in the Federal 
        Register; and
          (2) afford interested persons an opportunity (of not 
        less than 45 days' duration) to present oral and 
        written data, views, and arguments on the proposed test 
        procedures.
    [(c)(1) The Secretary shall, not later than 3 years after 
the date of prescribing a test procedure under this section 
(and from time to time thereafter), conduct a reevaluation of 
such procedure and, on the basis of such reevaluation, shall 
determine if such test procedure should be amended. In 
conducting such reevaluation, the Secretary shall take into 
account such information as he deems relevant, including 
technological developments relating to the energy efficiency of 
the type (or class) of covered equipment involved.
    [(2) If the Secretary determines under paragraph (1) that a 
test procedure should be amended, he shall promptly publish in 
the Federal Register proposed test procedures incorporating 
such amendments and afford interested persons an opportunity to 
present oral and written data, views, and arguments. Such 
comment period shall not be less than 45 days' duration.]
    [(d)] (c)(1) Effective 180 days (or, in the case of small 
commercial package air conditioning and heating equipment,

           *       *       *       *       *       *       *

    [(e)] (d) The Secretary may direct the National Bureau of 
Standards to provide such assistance as the Secretary deems 
necessary to carry out his responsibilities under this part, 
including the development of test procedures.

           *       *       *       *       *       *       *


SEC. 347. MOTOR EFFICIENCY REBATE PROGRAM.

    (a) Establishment.--By not later than January 1, 2010, in 
accordance with subsection (b), the Secretary shall establish a 
program to provide rebates for expenditures made by entities--
          (1) for the purchase and installation of a new 
        electric motor that has a nominal full load efficiency 
        that is not less than the nominal full load efficiency 
        as defined in--
                  (A) table 12-12 of NEMA Standards Publication 
                MG 1-2006 for random wound motors rated 600 
                volts or lower; or
                  (B) table 12-13 of NEMA Standards Publication 
                MG 1-2006 for form wound motors rated 5000 
                volts or lower; and
          (2) to replace an installed motor of the entity the 
        specifications of which are established by the 
        Secretary by a date that is not later than 90 days 
        after the date of enactment of this section.
    (b) Requirements.--
          (1) Application.--To be eligible to receive a rebate 
        under this section, an entity shall submit to the 
        Secretary an application in such form, at such time, 
        and containing such information as the Secretary may 
        require, including--
                  (A) demonstrated evidence that the entity 
                purchased an electric motor described in 
                subsection (a)(1) to replace an installed motor 
                described in subsection (a)(2);
                  (B) demonstrated evidence that the entity--
                          (i) removed the installed motor of 
                        the entity from service; and
                          (ii) properly disposed the installed 
                        motor of the entity; and
                  (C) the physical nameplate of the installed 
                motor of the entity.
          (2) Authorized amount of rebate.--The Secretary may 
        provide to an entity that meets each requirement under 
        paragraph (1) a rebate the amount of which shall be 
        equal to the product obtained by multiplying--
                  (A) the nameplate horsepower of the electric 
                motor purchased by the entity in accordance 
                with subsection (a)(1); and
                  (B) $25.00.
          (3) Payments to distributors of qualifying electric 
        motors.--To assist in the payment for expenses relating 
        to processing and motor core disposal costs, the 
        Secretary shall provide to the distributor of an 
        electric motor described in subsection (a)(1), the 
        purchaser of which received a rebate under this 
        section, an amount equal to the product obtained by 
        multiplying--
                  (A) the nameplate horsepower of the electric 
                motor; and
                  (B) $5.00.
    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section, to remain 
available until expended--
          (1) $80,000,000 for fiscal year 2010;
          (2) $75,000,000 for fiscal year 2111;
          (3) $70,000,000 for fiscal year 2112;
          (4) $65,000,000 for fiscal year 2113; and
          (5) $60,000,000 for fiscal year 2114.

           *       *       *       *       *       *       *


PART D--STATE ENERGY CONSERVATION PROGRAMS

           *       *       *       *       *       *       *



SEC. 365. GENERAL PROVISIONS.

           *       *       *       *       *       *       *


    (e) Within 90 days after the date of enactment of this 
subsection, the Secretary shall--
          (1) develop, by rule after consultation with the 
        Secretary of Housing and Urban Development, and publish 
        a list of energy conservation measures and renewable-
        resource energy measures which are eligible (on a 
        national or regional basis for financial assistance 
        pursuant to section 509 of the Housing and Urban 
        Development Act of 1970 or section 451 of the Energy 
        Conservation and Production Act;
          (2) designate, by rule, the types of, and 
        requirements for energy audits.
    [(f) For the purpose of carrying out this part, there are 
authorized to be appropriated $125,000,000 for each of fiscal 
years 2007 through 2012.]
    (f) Authorization of Appropriations.--There is authorized 
to be appropriated to the Secretary to carry out this part 
$250,000,000 for each of fiscal years 2011 through 2015, to 
remain available until expended.

           *       *       *       *       *       *       *


PART E--INDUSTRIAL ENERGY EFFICIENCY

           *       *       *       *       *       *       *



SEC. 375. CLEAN ENERGY APPLICATION CENTERS.

           *       *       *       *       *       *       *


    (f) Authorization.--There is authorized to be appropriated 
to carry out this section $10,000,000 for each of fiscal years 
2008 through 2012.

SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.

    (a) In General.--As part of the Industrial Technologies 
Program of the Department of Energy, the Secretary shall carry 
out a sustainable manufacturing initiative under which the 
Secretary, on the request of a manufacturer, shall conduct 
onsite technical assessments to identify opportunities for--
          (1) maximizing the energy efficiency of systems;
          (2) preventing pollution and minimizing waste;
          (3) reducing the use of water in manufacturing 
        processes;
          (4) conserving natural resources; and
          (5) achieving such other goals as the Secretary 
        determines to be appropriate.
    (b) Coordination.--The Secretary shall carry out the 
initiative in coordination with appropriate agencies, including 
the National Institute of Standards and Technology.
    (c) Research and Development Program for Sustainable 
Manufacturing and Industrial Technologies and Processes.--As 
part of the Industrial Technologies Program of the Department 
of Energy, the Secretary shall carry out a joint industry-
government partnership program to conduct research and 
development of new sustainable manufacturing and industrial 
technologies and processes that maximize the energy efficiency 
of systems, reduce pollution, and conserve natural resources.
    (d) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
section.

           *       *       *       *       *       *       *


PART G--ENERGY CONSERVATION PROGRAM FOR SCHOOLS AND HOSPITALS

           *       *       *       *       *       *       *



SEC. 399A. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS AND LOANS FOR 
                    INSTITUTIONS AND INDUSTRY.

    (a) Definitions.--In this section:

           *       *       *       *       *       *       *

          (5) Institutional entity.--The term ``institutional 
        entity'' means an institution of higher education, a 
        public school district, a local government, a municipal 
        utility, [or a designee] a not-for-profit hospital, a 
        not-for-profit inpatient health care facility, or a 
        designated agent of 1 of those entities.

           *       *       *       *       *       *       *

    (c) Grants for Energy Efficiency Improvement and Energy 
Sustainability.--
          (1) Grants.--

           *       *       *       *       *       *       *

                  (B) Requirement.--To the extent that 
                applications have been submitted, grants under 
                subparagraph (A) shall include not less than 1 
                grant each year to an institution of higher 
                education in each State.
                  [(C) Minimum funding.--Not less than 50 
                percent of the total funding for all grants 
                under this subsection shall be awarded in 
                grants to institutions of higher education.]

           *       *       *       *       *       *       *

    (f) Grant Amounts.--
          (3) Grants for efficiency improvement and energy 
        sustainability.--In the case of grants for efficiency 
        improvement and energy sustainability under subsection 
        (c), grant funds shall be available for not more than 
        an amount equal to the lesser of--
                  (A) [$1,000,000] $2,500,000; or
                  (B) 60 percent of the total cost.

           *       *       *       *       *       *       *

    (g) Loans for Energy Efficiency Improvement and Energy 
Sustainability.--
          (4) Labor standards.--
                  (A) In general.--All laborers and mechanics 
                employed by contractors or subcontractors in 
                the performance of construction, repair, or 
                alteration work funded in whole or in part 
                under this section shall be paid wages at rates 
                not less than those prevailing on projects of a 
                character similar in the locality as determined 
                by the Secretary of Labor in accordance with 
                sections 3141 through 3144, 3146, and 3147 of 
                title 40, United States Code. The Secretary 
                shall not approve any such funding without 
                first obtaining adequate assurance that 
                required labor standards will be maintained 
                upon the construction work.
                  (B) Authority and functions.--The Secretary 
                of Labor shall have, with respect to the labor 
                standards specified in paragraph (1), the 
                authority and functions set forth in 
                Reorganization Plan Number 14 of 1950 (15 Fed. 
                Reg. 3176; 64 Stat. 1267) and section 3145 of 
                title 40, United States Code.
    (h) State Partnership Industrial Energy Efficiency 
Revolving Loan Program.--
          (1) In general.--The Secretary shall carry out a 
        program under which the Secretary shall provide grants 
        to eligible lenders to pay the Federal share of 
        creating a revolving loan program under which loans are 
        provided to commercial and industrial manufacturers to 
        implement commercially available technologies or 
        processes that significantly--
                  (A) reduce systems energy intensity, 
                including the use of energy intensive 
                feedstocks; and
                  (B) improve the industrial competitiveness of 
                the United States.
          (2) Eligible lenders.--To be eligible to receive 
        cost-matched Federal funds under this subsection, a 
        lender shall--
                  (A) be a community and economic development 
                lender that the Secretary certifies meets the 
                requirements of this subsection;
                  (B) lead a partnership that includes 
                participation by, at a minimum
                          (i) a State government agency; and
                          (ii) a private financial institution 
                        or other provider of loan capital;
                  (C) submit an application to the Secretary, 
                and receive the approval of the Secretary, for 
                cost-matched Federal funds to carry out a loan 
                program described in paragraph (1); and
                  (D) ensure that non-Federal funds are 
                provided to match, on at least a dollar-for-
                dollar basis, the amount of Federal funds that 
                are provided to carry out a revolving loan 
                program described in paragraph (1).
          (3) Award.--The amount of cost-matched Federal funds 
        provided to an eligible lender shall not exceed 
        $100,000,000 for any fiscal year.
          (4) Recapture of awards.--
                  (A) In general.--An eligible lender that 
                receives an award under paragraph (1) shall be 
                required to repay the Secretary an amount of 
                cost-match Federal funds, as determined by the 
                Secretary under subparagraph (B), if the 
                eligible lender is unable or unwilling to 
                operate a program described in this subsection 
                for a period of not less than 10 years 
                beginning on the date on which the eligible 
                lender first receives funds made available 
                through the award.
                  (B) Determination by secretary.--The 
                Secretary shall determine the amount of cost-
                match Federal funds that an eligible lender 
                shall be required to repay to the Secretary 
                under subparagraph (A) based on the 
                consideration by the Secretary of--
                          (i) the amount of non-Federal funds 
                        matched by the eligible lender;
                          (ii) the amount of loan losses 
                        incurred by the revolving loan program 
                        described in paragraph (1); and
                          (iii) any other appropriate factor, 
                        as determined by the Secretary.
                  (C) Use of recaptured cost-match federal 
                funds.--The Secretary may distribute to 
                eligible lenders under this subsection each 
                amount received by the Secretary under this 
                paragraph.
          (5) Eligible projects.--A program for which cost-
        matched Federal funds are provided under this 
        subsection shall be designed to accelerate the 
        implementation of industrial and commercial 
        applications of technologies or processes that--
                  (A) improve energy efficiency;
                  (B) enhance the industrial competitiveness of 
                the United States; and
                  (C) achieve such other goals as the Secretary 
                determines to be appropriate.
          (6) Evaluation.--The Secretary shall evaluate 
        applications for cost-matched Federal funds under this 
        subsection on the basis of--
                  (A) the description of the program to be 
                carried out with the grant;
                  (B) the commitment to provide non-Federal 
                funds in accordance with paragraph (2)(D);
                  (C) program sustainability over a 10-year 
                period;
                  (D) the capability of the applicant;
                  (E) the quantity of energy savings or energy 
                feedstock minimization;
                  (F) the advancement of the goal under this 
                Act of 25-percent energy avoidance;
                  (G) the ability to fund energy efficient 
                projects not later than 120 days after the date 
                of the grant award; and
                  (H) such other factors as the Secretary 
                determines appropriate.
          (7) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this 
        subsection $500,000,000 for each of fiscal years 2010 
        through 2012.
    [(h)] (i) Program Procedures.--Not later than 180 days 
after the date of enactment of this section, the Secretary 
shall establish procedures for the solicitation and evaluation 
of potential projects for grant and loan funding and 
administration of the grant and loan programs.
    [(i)] (j) Authorization.--
          (1) Grants.--There is authorized to be appropriated 
        for the cost of grants authorized in subsections (b), 
        (c), and (d) [$250,000,000 for each of fiscal years 
        2009 through 2013,] such sums as are necessary for each 
        of fiscal years 2010 through 2015 of which not more 
        than 5 percent may be used for administrative expenses.
          (2) Loans.--There is authorized to be appropriated 
        for the initial cost of direct loans authorized in 
        subsection (g) $500,000,000 for each of fiscal years 
        2009 through 2013, of which not more than 5 percent may 
        be used for administrative expenses.

           *       *       *       *       *       *       *


                 ENERGY CONSERVATION AND PRODUCTION ACT


        Public Law 94-385, Approved August 14, 1976, as Amended


AN ACT To amend the Federal Energy Administration Act of 1974 to extend 
the duration of authorities under such Act; to provide an incentive for 
   domestic production; to provide for electric utility rate design 
   initiatives; to provide for energy conservation standards for new 
 buildings; to provide for energy conservation assistance for existing 
        buildings and industrial plants; and for other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Energy Conservation and Production 
Act''.

           *       *       *       *       *       *       *


TITLE III--ENERGY CONSERVATION STANDARDS FOR NEW BUILDINGS

           *       *       *       *       *       *       *



SEC. 303. DEFINITIONS.

    As used in this title:

           *       *       *       *       *       *       *

          (16) The term ``ASHRAE'' means the American Society 
        of Heating, Refrigerating, and Air-Conditioning 
        Engineers.
          (17) IECC.--The term ``IECC'' means the International 
        Energy Conservation Code.

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

    [(a) Consideration and Determination Respecting Residential 
Building Energy Codes.--
          [(1) Not later than 2 years after the date of the 
        enactment of the Energy Policy Act of 1992, each State 
        shall certify to the Secretary that it has reviewed the 
        provisions of its residential building code regarding 
        energy efficiency and made a determination as to 
        whether it is appropriate for such State to revise such 
        residential building code provisions to meet or exceed 
        CABO Model Energy Code, 1992.
          [(2) The determination referred to in paragraph (1) 
        shall be--
                  [(A) made after public notice and hearing;
                  [(B) in writing;
                  [(C) based upon findings included in such 
                determination and upon the evidence presented 
                at the hearing; and
                  [(D) available to the public.
          [(3) Each State may, to the extent consistent with 
        otherwise applicable State law, revise the provisions 
        of its residential building code regarding energy 
        efficiency to meet or exceed CABO Model Energy Code, 
        1992, or may decline to make such revisions.
          [(4) If a State makes a determination under paragraph 
        (1) that it is not appropriate for such State to revise 
        its residential building code, such State shall submit 
        to the Secretary, in writing, the reasons for such 
        determination, and such statement shall be available to 
        the public.
          [(5)(A) Whenever CABO Model Energy Code, 1992, (or 
        any successor of such code) is revised, the Secretary 
        shall, not later than 12 months after such revision, 
        determine whether such revision would improve energy 
        efficiency in residential buildings. The Secretary 
        shall publish notice of such determination in the 
        Federal Register.
          [(B) If the Secretary makes an affirmative 
        determination under subparagraph (A), each State shall, 
        not later than 2 years after the date of the 
        publication of such determination, certify that it has 
        reviewed the provisions of its residential building 
        code regarding energy efficiency and made a 
        determination as to whether it is appropriate for such 
        State to revise such residential building code 
        provisions to meet or exceed the revised code for which 
        the Secretary made such determination.
          [(C) Paragraphs (2), (3), and (4) shall apply to any 
        determination made under subparagraph (B).
    [(b) Certification of Commercial Building Energy Code 
Updates.--
          [(1) Not later than 2 years after the date of the 
        enactment of the Energy Policy Act of 1992, each State 
        shall certify to the Secretary that it has reviewed and 
        updated the provisions of its commercial building code 
        regarding energy efficiency. Such certification shall 
        include a demonstration that such State's code 
        provisions meet or exceed the requirements of ASHRAE 
        Standard 90.1-1989.
          [(2)(A) Whenever the provisions of ASHRAE Standard 
        90.1-1989 (or any successor standard) regarding energy 
        efficiency in commercial buildings are revised, the 
        Secretary shall, not later than 12 months after the 
        date of such revision, determine whether such revision 
        will improve energy efficiency in commercial buildings. 
        The Secretary shall publish a notice of such 
        determination in the Federal Register.
          [(B)(i) If the Secretary makes an affirmative 
        determination under subparagraph (A), each State shall, 
        not later than 2 years after the date of the 
        publication of such determination, certify that it has 
        reviewed and updated the provisions of its commercial 
        building code regarding energy efficiency in accordance 
        with the revised standard for which such determination 
        was made. Such certification shall include a 
        demonstration that the provisions of such State's 
        commercial building code regarding energy efficiency 
        meet or exceed such revised standard.
          [(ii) If the Secretary makes a determination under 
        subparagraph (A) that such revised standard will not 
        improve energy efficiency in commercial buildings, 
        State commercial building code provisions regarding 
        energy efficiency shall meet or exceed ASHRAE Standard 
        90.1-1989, or if such standard has been revised, the 
        last revised standard for which the Secretary has made 
        an affirmative determination under subparagraph (A).
    [(c) Extensions.--The Secretary shall permit extensions of 
the deadlines for the certification requirements under 
subsections (a) and (b) if a State can demonstrate that it has 
made a good faith effort to comply with such requirements and 
that it has made significant progress in doing so.
    [(d) Technical Assistance. The Secretary shall provide 
technical assistance to States to implement the requirements of 
this section, and to improve and implement State residential 
and commercial building energy efficiency codes or to otherwise 
promote the design and construction of energy efficient 
buildings.
    [(e) Availability of Incentive Funding.--
          [(1) The Secretary shall provide incentive funding to 
        States to implement the requirements of this section, 
        and to improve and implement State residential and 
        commercial building energy efficiency codes, including 
        increasing and verifying compliance with such codes. In 
        determining whether, and in what amount, to provide 
        incentive funding under this subsection, the Secretary 
        shall consider the actions proposed by the State to 
        implement the requirements of this section, to improve 
        and implement residential and commercial building 
        energy efficiency codes, and to promote building energy 
        efficiency through the use of such codes.
          [(2) Additional funding shall be provided under this 
        subsection for implementation of a plan to achieve and 
        document at least a 90 percent rate of compliance with 
        residential and commercial building energy efficiency 
        codes, based on energy performance--
                  [(A) to a State that has adopted and is 
                implementing, on a statewide basis--
                          [(i) a residential building energy 
                        efficiency code that meets or exceeds 
                        the requirements of the 2004 
                        International Energy Conservation Code, 
                        or any succeeding version of that code 
                        that has received an affirmative 
                        determination from the Secretary under 
                        subsection (a)(5)(A); and
                          [(ii) a commercial building energy 
                        efficiency code that meets or exceeds 
                        the requirements of the ASHRAE Standard 
                        90.1-2004, or any succeeding version of 
                        that standard that has received an 
                        affirmative determination from the 
                        Secretary under subsection (b)(2)(A); 
                        or
                  [(B) in a State in which there is no 
                statewide energy code either for residential 
                buildings or for commercial buildings, to a 
                local government that has adopted and is 
                implementing residential and commercial 
                building energy efficiency codes, as described 
                in subparagraph (A).
          [(3) Of the amounts made available under this 
        subsection, the Secretary may use $500,000 for each 
        fiscal year to train State and local officials to 
        implement codes described in paragraph (2).
          [(4)(A) There are authorized to be appropriated to 
        carry out this subsection--
                  [(i) $25,000,000 for each of fiscal years 
                2006 through 2010; and
                  [(ii) such sums as are necessary for fiscal 
                year 2011 and each fiscal year thereafter.
          [(B) Funding provided to States under paragraph (2) 
        for each fiscal year shall not exceed one-half of the 
        excess of funding under this subsection over $5,000,000 
        for the fiscal year.]

SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.

    (a) Updating National Model Building Energy Codes.--
          (1) Targets.--
                  (A) In general.--The Secretary shall support 
                updating the national model building energy 
                codes and standards at least every 3 years to 
                achieve overall energy savings, compared to the 
                2006 IECC for residential buildings and ASHRAE 
                Standard 90.1-2004 for commercial buildings, of 
                at least--
                          (i) 30 percent in editions of each 
                        model code or standard released during 
                        or after 2010; and
                          (ii) 50 percent in editions of each 
                        model code or standard released during 
                        or after 2016.
                  (B) Specific years.--
                          (i) In general.--Targets for specific 
                        years shall be set by the Secretary at 
                        least 3 years in advance of each target 
                        year, coordinated with the IECC and 
                        ASHRAE Standard 90.1 cycles, at the 
                        maximum level of energy efficiency that 
                        is technologically feasible and life-
                        cycle cost effective and on a path to 
                        achieving net-zero-energy buildings.
                          (ii) Different target years.--Subject 
                        to paragraph (2)(D), prior to 2013, the 
                        Secretary may set a different target 
                        year for 1 or both model codes 
                        described in subparagraph (A) if the 
                        Secretary determines that a 50 percent 
                        target cannot be met in 2016.
                  (C) Technical assistance to model code-
                setting and standard development 
                organizations.--
                          (i) In general.--The Secretary shall, 
                        on a timely basis, provide technical 
                        assistance to model code-setting and 
                        standard development organizations.
                          (ii) Assistance.--The assistance 
                        shall include technical assistance as 
                        requested by the organizations in--
                                  (I) evaluating code or 
                                standards proposals or 
                                revisions;
                                  (II) building energy analysis 
                                and design tools;
                                  (III) building 
                                demonstrations; and
                                  (IV) design assistance and 
                                training.
                  (D) Amendment proposals.--The Secretary shall 
                submit code and standard amendment proposals, 
                with supporting evidence, sufficient to enable 
                the national model building energy codes and 
                standards to meet the targets established under 
                subparagraph (A).
          (2) Revision of building energy use standards.--
                  (A) In general.--If the provisions of the 
                IECC or ASHRAE Standard 90.1 regarding building 
                energy use are revised, the Secretary shall 
                make a determination not later than 1 year 
                after the date of the revision, on whether the 
                revision will--
                          (i) improve energy efficiency in 
                        buildings; and
                          (ii) meet the targets under paragraph 
                        (1).--
                  (B) Codes or standards not meeting targets.
                          (i) In general.--If the Secretary 
                        makes a determination under 
                        subparagraph (A)(ii) that a code or 
                        standard does not meet the targets 
                        established under paragraph (1), not 
                        later than 1 year after the date of the 
                        determination, the Secretary shall 
                        provide the model code or standard 
                        developer with proposed changes that 
                        would result in a model code that meets 
                        the targets.
                          (ii) Incorporation of changes.--On 
                        receipt of the proposed changes, the 
                        model code or standard developer shall 
                        have an additional 180 days to 
                        incorporate the proposed changes into 
                        the model code or standard.
                          (iii) Establishment by secretary.--If 
                        the proposed changes are not 
                        incorporated into the model code or 
                        standard, the Secretary shall establish 
                        a modified code or standard that meets 
                        the established targets.
                          (iv) Administration.--Any code or 
                        standard modified under this 
                        subparagraph shall--
                                  (I) achieve the maximum level 
                                of energy savings that is 
                                technologically feasible and 
                                life-cycle cost-effective;
                                  (II) be based on the latest 
                                edition of the IECC or ASHRAE 
                                Standard 90.1, including any 
                                subsequent amendments, addenda, 
                                or additions, but may also 
                                consider other model codes or 
                                standards; and
                                  (III) serve as the baseline 
                                for the next determination 
                                under subparagraph (A)(i).
                          (C) Codes or standards not updated 
                        for 3 years.--
                          (i) In general.--If a national model 
                        code or standard is not updated for 
                        more than 3 years, the Secretary shall, 
                        not later than 1 year after the date of 
                        the determination, establish a modified 
                        code or standard that meets the 
                        targets.
                          (ii) Requirements.--Any modified code 
                        or standard shall--
                                  (I) achieve the maximum level 
                                of energy savings that is 
                                technologically feasible and 
                                life-cycle cost-effective;
                                  (II) be based on the latest 
                                revision of the IECC or ASHRAE 
                                Standard 90.1, including any 
                                amendments or additions to the 
                                code or standard, but may also 
                                consider other model codes or 
                                standards; and
                          (III) serve as the baseline for the 
                        next determination under subparagraph 
                        (A)(i).
                  (D) Administration.--The Secretary shall--
                          (i) provide an opportunity for public 
                        comment on targets, determinations, and 
                        modified codes and standards under this 
                        subsection; and
                          (ii) publish notice of targets, 
                        determinations, and modified codes and 
                        standards under this subsection in the 
                        Federal Register.
    (b) State Certification of Building Energy Code Updates.--
          (1) Review and updating of codes by each state.--
                  (A) In general.--Not later than 2 years after 
                the date of enactment of the American Clean 
                Energy Leadership Act of 2009, each State shall 
                certify to the Secretary whether or not the 
                State has reviewed and updated the provisions 
                of the residential and commercial building 
                codes of the State regarding energy efficiency.
                  (B) Demonstration.--The certification shall 
                include a demonstration that the code 
                provisions of the State--
                          (i) meet or exceed the 2009 IECC for 
                        residential buildings and the ASHRAE 
                        Standard 90.1-2007 for commercial 
                        buildings; or
                          (ii) achieve equivalent or greater 
                        energy savings.
          (2) Review and updating of codes based on 
        determination of secretary.--
                  (A) Determination of improvement of energy 
                efficiency in buildings; modified codes or 
                standards.--
                          (i) In general.--If the Secretary 
                        makes an affirmative determination 
                        under subsection (a)(2)(A)(i) or 
                        establishes a modified code or standard 
                        under subsection (a)(2)(B), each State 
                        shall, not later than 2 years after the 
                        date of the determination or 
                        establishment, certify whether or not 
                        the State has reviewed and updated the 
                        provisions of the building code of the 
                        State regarding energy efficiency.
                          (ii) Demonstration.--The 
                        certification shall include a 
                        demonstration that the code provisions 
                        of the State meet or exceed the revised 
                        code or standard, or achieve equivalent 
                        or greater energy savings.
                  (B) No determination of improvement of energy 
                efficiency in buildings.--If the Secretary 
                fails to make a determination under subsection 
                (a)(2)(A)(i) by the date specified in 
                subsection (a)(2), or makes a negative 
                determination, each State shall not later than 
                2 years after the specified date or the date of 
                the determination, certify whether or not the 
                State has reviewed the revised code or 
                standard, and updated the provisions of the 
                building code of the State regarding energy 
                efficiency to meet or exceed any provisions 
                found to improve energy efficiency in 
                buildings, or to achieve equivalent or greater 
                energy savings in other ways.
    (c) State Certification of Compliance With Building 
Codes.--
          (1) Requirement.--
                  (A) In general.--Not later than 3 years after 
                the date of a certification under subsection 
                (b), each State shall certify whether or not 
                the State has--
                          (i) achieved compliance under 
                        paragraph (3) with the certified State 
                        building energy code or with the 
                        associated model code or standard; or
                          (ii) made significant progress under 
                        paragraph (4) toward achieving 
                        compliance with the certified State 
                        building energy code or with the 
                        associated model code or standard.
                  (B) Repeat certifications.--If the State 
                certifies progress toward achieving compliance, 
                the State shall repeat the certification each 
                year until the State certifies that the State 
                has achieved compliance.
          (2) Measurement of compliance.--A certification under 
        paragraph (1) shall include documentation of the rate 
        of compliance based on--
                  (A) independent inspections of a random 
                sample of the new and renovated buildings 
                covered by the code in the preceding year; or
                  (B) an alternative method that yields an 
                accurate measure of compliance.
          (3) Achievement of compliance.--
                  (A) In general.--A State shall be considered 
                to achieve compliance under paragraph (1) if--
                          (i) at least 90 percent of new and 
                        renovated building space covered by the 
                        code in the preceding year 
                        substantially meets all the 
                        requirements of the code regarding 
                        energy efficiency, or achieves an 
                        equivalent energy savings level; or
                          (ii) the estimated excess energy use 
                        of new and renovated buildings that did 
                        not meet the code in the preceding 
                        year, compared to a baseline of 
                        comparable buildings that meet the 
                        code, is not more than 5 percent of the 
                        estimated energy use of all new and 
                        renovated buildings covered by the code 
                        during the preceding year.
                  (B) Renovated buildings.--If the Secretary 
                determines that the percentage targets under 
                subparagraph (A) are not reasonably achievable 
                for renovated residential or commercial 
                buildings, the Secretary may reduce the targets 
                for the renovated buildings to the highest 
                achievable level.
          (4) Significant progress toward achievement of 
        compliance.--
                  (A) In general.--A State shall be considered 
                to have made significant progress toward 
                achieving compliance for purposes of paragraph 
                (1) if the State--
                          (i) has developed and is implementing 
                        a plan for achieving compliance within 
                        8 years, assuming continued adequate 
                        funding, including active training and 
                        enforcement programs;
                          (ii) after 1 or more years of 
                        adequate funding, has demonstrated 
                        progress, in conformance with the plan 
                        described in clause (i), toward 
                        compliance;
                          (iii) after 5 or more years of 
                        adequate funding, meets the 
                        requirements of paragraph (3) if `80 
                        percent' is substituted for `90 
                        percent' or `10 percent' is substituted 
                        for `5 percent'; and
                          (iv) has not had more than 8 years of 
                        adequate funding.
                  (B) Adequate funding.--For purposes of this 
                paragraph, funding shall be considered adequate 
                if the Federal Government provides to the 
                States at least $50,000,000 for a fiscal year 
                in funding and support for development and 
                implementation of State building energy codes, 
                including for training and enforcement.
                  (C) Technical assistance to states.--The 
                Secretary shall provide technical assistance to 
                States to implement the requirements of this 
                section, including procedures for States--
                          (i) to demonstrate that the code 
                        provisions of the States achieve 
                        equivalent or greater energy savings 
                        than the national model codes and 
                        standards; and
                          (ii) to improve and implement State 
                        residential and commercial building 
                        energy efficiency codes or to otherwise 
                        promote the design and construction of 
                        energy efficient buildings.
                  (D) Voluntary advanced codes.--
                          (i) In general.--The Secretary shall 
                        support the development of voluntary 
                        advanced model codes and standards for 
                        residential and commercial buildings 
                        that achieve energy savings of at least 
                        30 percent compared to the national 
                        model building codes and standards.
                          (ii) Updates.--The voluntary advanced 
                        model codes and standards shall be 
                        updated at least once every 3 years, 
                        for use in--
                                  (I) green building design;
                                  (II) voluntary and market 
                                transformation programs;
                                  (III) incentive criteria; and
                                  (IV) voluntary adoption by 
                                States.
                          (iii) Preference.--In carrying out 
                        this subparagraph, the Secretary shall 
                        give preference to voluntary advanced 
                        model codes and standards developed by 
                        the International Code Council and by 
                        ASHRAE.
    (d) Failure To Meet Deadlines.--
          (1) In general.--A State that has not made a 
        certification required under subsection (b) or (c) by 
        the applicable deadline shall submit to the Secretary a 
        report on--
                  (A) the status of the State with respect to 
                meeting the requirements and submitting the 
                certification; and
                  (B) a plan for meeting the requirements and 
                submitting the certification.
          (2) Nonacceptance of certification.--Any State for 
        which the Secretary has not accepted a certification by 
        a deadline under subsection (b) or (c) shall be 
        considered out of compliance with this section.
          (3) Local government.--In any State that is out of 
        compliance with this section, a local government may be 
        considered in compliance with this section by meeting--
        the certification requirements under subsections (b) 
        and (c).
          (4) Annual reports by secretary.--
                  (A) In general.--The Secretary shall annually 
                submit to Congress, and publish in the Federal 
                Register, a report on--
                          (i) the status of national model 
                        building energy codes and standards;
                          (ii) the status of code adoption and 
                        compliance in the States; and
                          (iii) implementation of this section.
                  (B) Impacts.--The report shall include 
                estimates of impacts of past action under this 
                section, and potential impacts of further 
                action, on lifetime energy use by buildings and 
                resulting energy costs to individuals and 
                businesses.
      (e) Availability of Incentive Funding.--
          (1) In general.--
                  (A) Requirement.--The Secretary shall provide 
                incentive funding to States to implement the 
                requirements of this section, and to improve 
                and implement State residential and commercial 
                building energy efficiency codes, including 
                increasing and verifying compliance with the 
                codes.
                  (B) State actions.--In determining whether, 
                and in what amount, to provide incentive 
                funding under this subsection, the Secretary 
                shall consider the actions proposed by the 
                State--
                          (i) to implement the requirements of 
                        this section;
                          (ii) to improve and implement 
                        residential and commercial building 
                        energy efficiency codes; and
                          (iii) to promote building energy 
                        efficiency through the use of the 
                        codes.
          (2) Additional funding.--Additional funding shall be 
        provided under this subsection for implementation of a 
        plan to achieve and document at least a 90 percent rate 
        of compliance with residential and commercial building 
        energy efficiency codes, based on energy performance--
                  (A) to a State that has adopted and is 
                implementing, on a Statewide basis--
                          (i) a residential building energy 
                        efficiency code that meets or exceeds 
                        the requirements of the 2009 IECC, or 
                        any succeeding version of that code 
                        that has received an affirmative 
                        determination from the Secretary under 
                        subsection (a)(2)(A)(i); and
                          (ii) a commercial building energy 
                        efficiency code that meets or exceeds 
                        the requirements of the ASHRAE Standard 
                        90.1-2007, or any succeeding version of 
                        that standard that has received an 
                        affirmative determination from the 
                        Secretary under subsection 
                        (a)(2)(A)(i); or
                  (B) in a State in which there is no Statewide 
                energy code for either residential buildings or 
                commercial buildings, or in which State codes 
                fail to comply with subparagraph (A), to a 
                local government that has adopted and is 
                implementing residential and commercial 
                building energy efficiency codes, as described 
                in subparagraph (A).
          (3) Training.--Of the amounts made available under 
        this subsection, the State may use amounts required, 
        but not to exceed $500,000 for a State, to train State 
        and local building code officials to implement and 
        enforce codes described in paragraph (2).
          (4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this 
        subsection--
                  (A) $100,000,000 for each of fiscal years 
                2009 through 2013; and
                  (B) such sums as are necessary for fiscal 
                year 2014 and each fiscal year thereafter.

           *       *       *       *       *       *       *


  TITLE IV--ENERGY CONSERVATION AND RENEWABLE-RESOURCE ASSISTANCE FOR 
EXISTING BUILDINGS

           *       *       *       *       *       *       *



PART A--WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS

           *       *       *       *       *       *       *



SEC. 422. AUTHORIZATION OF APPROPRIATIONS.

    For the purpose of carrying out the weatherization program 
under this part, there are authorized to be appropriated--
          (1) $750,000,000 for fiscal year 2008;
          (2) $900,000,000 for fiscal year 2009;
          (3) $1,050,000,000 for fiscal year 2010;
          (4) $1,200,000,000 for fiscal year 2011; [and]
          (5) $1,400,000,000 for fiscal year 2012; and
          (6) $1,700,000,000 for each of fiscal years 2011 
        through 2015.

           *       *       *       *       *       *       *


                 DEPARTMENT OF ENERGY ORGANIZATION ACT


         Public Law 95-91, Approved August 4, 1977, as Amended


 AN ACT To establish a Department of Energy in the executive branch by 
the reorganization of energy functions within the Federal Government in 
 order to secure effective management to assure a coordinated national 
                 energy policy, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Department of Energy Organization 
Act''.

           *       *       *       *       *       *       *


                            TABLE OF CONTENTS

                TITLE II--ESTABLISHMENT OF THE DEPARTMENT

Sec. 216. Office of Intelligence.
Sec. 217. Office of Indian Energy Policy and Programs.
Sec. 218. Office of Arctic Energy.
     * * * * * * *

                       TITLE VIII ENERGY PLANNING

Sec. 801.National energy policy plan.
Sec. 802.Congressional review.
Sec. 803. Authorization of appropriations.
     * * * * * * *

               TITLE II--ESTABLISHMENT OF THE DEPARTMENT


SEC. 205. ENERGY INFORMATION ADMINISTRATION.

           *       *       *       *       *       *       *


    (m) Renewable Fuels Survey.--
          (1) In order to improve the ability to evaluate the 
        effectiveness of the Nation's renewable fuels mandate, 
        the Administrator shall conduct and publish the results 
        of a survey of renewable fuels demand in the motor 
        vehicle fuels market in the United States monthly, and 
        in a manner designed to protect the confidentiality of 
        individual responses. In conducting the survey, the 
        Administrator shall collect information both on a 
        national and regional basis, including each of the 
        following:
                  (A) The quantity of renewable fuels produced.
                  (B) The quantity of renewable fuels blended.
                  (C) The quantity of renewable fuels imported.
                  (D) The quantity of renewable fuels demanded.
                  (E) Market price data.
                  (F) Such other analyses or evaluations as the 
                Administrator finds are necessary to achieve 
                the purposes of this section.
          (2) The Administrator shall also collect or estimate 
        information both on a national and regional basis, 
        pursuant to subparagraphs (A) through (F) of paragraph 
        (1), for the 5 years prior to implementation of this 
        subsection.
          (3) This subsection does not affect the authority of 
        the Administrator to collect data under section 52 of 
        the Federal Energy Administration Act of 1974 (15 
        U.S.C. 790a).
    (n) Water-Related Energy Consumption.--
          (1) In general.--Not less than once during each 3-
        year period, to aid in the understanding and reduction 
        of the quantity of energy used in association with the 
        use of water, the Administrator shall conduct an 
        assessment under which the Administrator shall collect 
        information on energy use in various sectors of the 
        economy that are associated with the procurement, 
        treatment, or delivery of water.
          (2) Required sectors.--An assessment described in 
        paragraph (1) shall contain an analysis of water-
        related energy use for all relevant sectors of the 
        economy, including water used for--
                  (A) agricultural purposes;
                  (B) municipal purposes;
                  (C) industrial purposes; and
                  (D) domestic purposes.
          (3) Effect.--Nothing in this subsection affects the 
        authority of the Administrator to collect data under 
        section 52 of the Federal Energy Administration Act of 
        1974 (15 U.S.C. 790a).
    (o) Collection of Information on Critical Energy 
Supplies.--
          (1) In general.--To ensure transparency of 
        information relating to energy infrastructure and 
        product ownership in the United States and improve the 
        ability to evaluate the energy security of the United 
        States, the Administrator, in consultation with other 
        Federal agencies (as necessary), shall--
                  (A) not later than 120 days after the date of 
                enactment of this subsection, develop and 
                provide notice of a plan to collect, in 
                cooperation with the Commodity Futures Trade 
                Commission, information identifying all oil 
                inventories, and other physical oil assets 
                (including all petroleum-based products and the 
                storage of such products in off-shore tankers) 
                that are owned by the 50 largest traders of oil 
                contracts (including derivative contracts), as 
                determined by the Commodity Futures Trade 
                Commission; and
                  (B) not later than 90 days after the date on 
                which notice is provided under subparagraph 
                (A), implement the plan described in that 
                subparagraph.
          (2) Information.--The plan required under paragraph 
        (1) shall include a description of the plan of the 
        Administrator for collecting company-specific data, 
        including--
                  (A) volumes of product under ownership; and
                  (B) storage and transportation capacity 
                (including owned and leased capacity).
          (3) Protection of proprietary information.--Section 
        12(f) of the Federal Energy Administration Act of 1974 
        (15 U.S.C. 771(f)) shall apply to information collected 
        under this subsection.
    (p) Collection of Information on Storage Capacity for Oil 
and Natural Gas.--
          (1) In general.--Not later than 90 days after the 
        date of enactment of this subsection, the Administrator 
        of the Energy Information Administration shall collect 
        information quantifying the commercial storage capacity 
        for oil and natural gas in the United States.
          (2) Updates.--The Administrator shall update annually 
        the information required under paragraph (1).
          (3) Protection of proprietary information. Section 
        12(f) of the Federal Energy Administration Act of 1974 
        (15 U.S.C. 771(f)) shall apply to information collected 
        under this subsection.
    (q) Financial Market Analysis Office.--
          (1) Establishment.--There shall be within the Energy 
        Information Administration a Financial Market Analysis 
        Office, headed by a director, who shall report directly 
        to the Administrator of the Energy Information 
        Administration.
          (2) Duties.--The Office shall--
                  (A) be responsible for analysis of the 
                financial aspects of energy markets;
                  (B) review the reports required by section 
                503(c) of the American Clean Energy Leadership 
                Act of 2009 in advance of the submission of the 
                reports to Congress; and
                  (C) not later than 1 year after the date of 
                enactment of this subsection--
                          (i) make recommendations to the 
                        Administrator of the Energy Information 
                        Administration that identify and 
                        quantify any additional resources that 
                        are required to improve the ability of 
                        the Energy Information Administration 
                        to more fully integrate financial 
                        market information into the analyses 
                        and forecasts of the Energy Information 
                        Administration, including the role of 
                        energy futures contracts, energy 
                        commodity swaps, and derivatives in 
                        price formation for oil; and
                          (ii) notify the Committee on Energy 
                        and Natural Resources, and the 
                        Committee on Appropriations, of the 
                        Senate and the Committee on Energy and 
                        Commerce, and the Committee on 
                        Appropriations, of the House of 
                        Representatives of the recommendations 
                        described in clause (i).
          (3) Analyses.--The Administrator of the Energy 
        Information Administration shall take analyses by the 
        Office into account in conducting analyses and 
        forecasting of energy prices.

           *       *       *       *       *       *       *


SEC. 218. OFFICE OF ARCTIC ENERGY.

    (a) Establishment.--The Secretary may establish within the 
Department an Office of Arctic Energy (referred to in this 
section as the ``Office'').
    (b) Purposes.--The purposes of the Office shall be--
          (1) to promote research, development, and deployment 
        of electric power technology that is cost-effective and 
        especially well suited to meet the needs of rural and 
        remote regions of the United States, especially regions 
        in which permafrost is present or located nearby;
          (2) to promote research, development, and deployment 
        in regions described in paragraph (1) of--
                  (A) enhanced oil recovery technology, 
                including heavy oil recovery, reinjection of 
                carbon, and extended reach drilling 
                technologies;
                  (B) gas-to-liquids technology and liquefied 
                natural gas (including associated 
                transportation systems);
                  (C) small hydroelectric facilities, river 
                turbines, and tidal power; and
                  (D) natural gas hydrates, coal bed methane, 
                and shallow bed natural gas; and
          (3) to promote research, development, and deployment 
        in those regions of cold weather of alternative energy 
        research, including wind, geothermal, fuel cells, 
        biomass, ocean hydrokinetic energy, and solar energy.
    (c) Location.--The Secretary shall locate the Office at an 
institution of higher education with expertise and experience 
in the matters described in subsection (b).
    (d) Annual Reports.--The Secretary shall submit to Congress 
an annual report that describes the research program that is 
proposed to carry out subsection (b)(3).
    (e) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary to carry out this section--
          (1) $15,000,000 for fiscal year 2010;
          (2) $20,000,000 for fiscal year 2011; and
          (3) $22,500,000 for fiscal year 2012 and each fiscal 
        year thereafter.

           *       *       *       *       *       *       *


  TITLE VI--ADMINISTRATIVE PROVISIONS

           *       *       *       *       *       *       *



  PART C--GENERAL ADMINISTRATIVE PROVISIONS

           *       *       *       *       *       *       *



SEC. 645. SUBPENA.

    For the purpose of carrying out the provisions of this Act, 
the Secretary, or his duly authorized agent or agents, shall 
have the same powers and authorities as the Federal Trade 
Commission under section 9 of the Federal Trade Commission Act 
with respect to all functions vested in, or transferred or 
delegated to, the Secretary or such agents by this Act. For 
purposes of carrying out its responsibilities under the Natural 
Gas Policy Act of 1978 (15 U.S.C. 3301 et seq.) and the Natural 
Gas Act (15 U.S.C. 717 et seq.), the Commission shall have the 
same powers and authority as the Secretary has under this 
section.

SEC. 646. CONTRACTS.

           *       *       *       *       *       *       *


    [(g)(1) In addition to authority granted to the Secretary 
under any other provision of law, the Secretary may exercise 
the same authority to enter into transactions (other than 
contracts, cooperative agreements, and grants), subject to the 
same terms and conditions as the Secretary of Defense under 
section 2371 of title 10, United States Code (other than 
subsections (b) and (f) of that section).
    [(2) In applying section 2371 of title 10, United States 
Code, to the Secretary under paragraph (1)--
          [(A) the term ``basic'' shall be replaced by the term 
        ``research'';
          [(B) the term ``applied'' shall be replaced by the 
        term ``development''; and
          [(C) the terms ``advanced research projects'' and 
        ``advanced research'' shall be replaced by the term 
        ``demonstration projects''.
    [(3) The authority of the Secretary under paragraph (1) 
shall not be subject to--
          [(A) section 9 of the Federal Nonnuclear Energy 
        Research and Development Act of 1974 (42 U.S.C. 5908); 
        or
          [(B) section 152 of the Atomic Energy Act of 1954 (42 
        U.S.C. 2182).
    [(4)(A) The Secretary shall use such competitive, merit-
based selection procedures in entering into transactions under 
paragraph (1), as the Secretary determines in writing to be 
practicable.
    [(B) A transaction under paragraph (1) shall relate to a 
research, development, or demonstration project only if the 
Secretary determines in writing that the use of a standard 
contract, grant, or cooperative agreement for the project is 
not feasible or appropriate.
    [(5) The Secretary may protect from disclosure, for up to 5 
years after the date on which the information is developed, any 
information developed pursuant to a transaction under paragraph 
(1) that would be protected from disclosure under section 
552(b)(4) of title 5, United States Code, if obtained from a 
person other than a Federal agency.
    [(6)(A) Not later than 90 days after the date of enactment 
of this subsection, the Secretary shall issue guidelines for 
transactions under paragraph (1).
    [(B) The guidelines shall be published in the Federal 
Register for public comment in accordance with rulemaking 
procedures of the Department.
    [C) The Secretary shall not have authority to carry out 
transactions under paragraph (1) until the guidelines for 
transactions required under subparagraph (A) are final.
    [(7) The annual report of the head of an executive agency 
under section 2371(h) of title 10, United States Code, shall be 
submitted to Congress.
    [(8)(A) In this paragraph, the term ``nontraditional 
Government contractor'' has the meaning given the term 
``nontraditional defense contractor'' in section 845(f) of the 
National Defense Authorization Act for Fiscal Year 1994 (Public 
Law 103-160; 10 U.S.C. 2371 note).
    [(B) Not later than 1 year after the date on which the 
final guidelines are published under paragraph (6), the 
Comptroller General of the United States shall submit to 
Congress a report describing--
          [(i) the use by the Department of authorities under 
        this section, including the ability to attract 
        nontraditional Government contractors; and
          [[(ii) whether additional safeguards are necessary to 
        carry out the authorities.
    [(9) The authority of the Secretary under this subsection 
may be delegated only to an officer of the Department who is 
appointed by the President by and with the advice and consent 
of the Senate.
    [(10) Notwithstanding any other provision of law, the 
authority to enter into transactions under paragraph (1) shall 
terminate on September 30, 2010.]
    (g) Authority To Enter Into Other Transactions.--
          (1) In general.--In addition to any other authority 
        granted to the Secretary to enter into procurement 
        contracts, leases, cooperative agreements, grants, and 
        certain arrangements, the Secretary may enter into 
        other transactions with public agencies, private 
        organizations, or other persons on such terms as the 
        Secretary considers appropriate to further functions 
        vested in the Secretary, including research, 
        development, or demonstration projects.
          (2) Advance projects.--Notwithstanding any other 
        provision of law, the Secretary may exercise authority 
        provided under paragraph (1) without regard to section 
        3324 of title 31, United States Code.
          (3) Relationship to other law.--The authority of the 
        Secretary under paragraph (1) shall not be subject to--
                  (A) section 9 of the Federal Nonnuclear 
                Energy Research and Development Act of 1974 (42 
                U.S.C. 5908); or
                  (B) section 152 of the Atomic Energy Act of 
                1954 (42 U.S.C. 2182).
          (4) Protection of certain information from 
        disclosure.--
                  (A) In general.--Notwithstanding any other 
                provision of law, disclosure of information 
                described in subparagraph (B) is not required, 
                and may not be compelled, under section 552 of 
                title 5, United States Code, during the 5-year 
                period beginning on the date on which the 
                information is received by the Department.
                  (B) Award information.--The information 
                described in this subparagraph is information 
                in the records of the Department that--
                          (i) was submitted--
                                  (I) to the Department as part 
                                of a competitive or 
                                noncompetitive process with the 
                                potential to result in an award 
                                to the person submitting the 
                                information; and
                                  (II) in conjunction with a 
                                transaction entered into by the 
                                Secretary pursuant to paragraph 
                                (1); and
                          (ii) is--
                                  (I) a proposal, proposal 
                                abstract, and supporting 
                                documents;
                                  (II) a business plan 
                                submitted on a confidential 
                                basis; or
                                  (III) technical information 
                                submitted on a confidential 
                                basis.
          (5) Requirements.--
                  (A) Selection procedures.--In entering into 
                transactions under paragraph (1), the Secretary 
                shall use such competitive, merit-based 
                selection procedures as the Secretary 
                determines in writing to be practicable.
                  (B) Determination.--Before entering into a 
                transaction under paragraph (1), the Secretary 
                shall determine in writing that the use of a 
                standard contract, grant, or cooperative 
                agreement for the project is not feasible or 
                appropriate.
                  (C) Cost sharing.--A transaction under 
                paragraph (1) shall be subject to cost sharing 
                in accordance with section 988 of the Energy 
                Policy Act of 2005 (42 U.S.C. 16352).
                  (D) Limitation on delegation.--The authority 
                of the Secretary under this subsection may be 
                delegated only to an officer of the Department 
                who is appointed by the President by and with 
                the advice and consent of the Senate and may 
                not be redelegated to any other person.
          (6) Annual reports.--The Secretary shall submit to 
        Congress an annual report on the use by the Department 
        of authorities under this section.
          (7) Report.--
                  (A) Definition of nontraditional government 
                contractor.--In this paragraph, the term 
                `nontraditional Government contractor' has the 
                meaning given the term `nontraditional defense 
                contractor' in section 845(f) of the National 
                Defense Authorization Act for Fiscal Year 1994 
                (Public Law 103-160; 10 U.S.C. 2371 note).
                  (B) Report.--Not later than 2 years after the 
                date of enactment of this subparagraph, and 2 
                years thereafter, the Comptroller General of 
                the United States shall submit to Congress a 
                report describing--
                          (i) the use by the Department of 
                        authorities under this section, 
                        including the ability to attract 
                        nontraditional Government contractors; 
                        and
                          (ii) whether additional safeguards 
                        are necessary to carry out the 
                        authorities.''.

           *       *       *       *       *       *       *


                      TITLE VIII--ENERGY PLANNING


SEC. 801. NATIONAL ENERGY POLICY PLAN.

    (a) The President shall--
          (1) prepare and submit to the Congress a proposed 
        National Energy Policy Plan (hereinafter in this title 
        referred to as a ``proposed Plan'') as provided in 
        subsection (b);
          (2) seek the active participation by regional, State, 
        and local agencies and instrumentalities and the 
        private sector through public hearings in cities and 
        rural communities and other appropriate means to insure 
        that the views and proposals of all segments of the 
        economy are taken into account in the formulation and 
        review of such proposed Plan; and
          [(3) include within the proposed Plan a comprehensive 
        summary of data pertaining to all fuel and energy needs 
        of persons residing in--
                  [(A) areas outside standard metropolitan 
                statistical areas; and
                  [(B) areas within standard metropolitan 
                statistical areas which are unincorporated or 
                are specified by the Bureau of the Census, 
                Department of Commerce, as rural areas.]
          (3) ensure the participation and cooperation of all 
        relevant Federal agencies in the preparation of the 
        proposed Plan.
    (b) Not later than [April 1, 1979, and biennially 
thereafter,] February 1, 2010, and quadrennially thereafter, 
the President shall transmit to the Congress the proposed Plan. 
Such proposed Plan shall--
          (1) consider and establish energy production, 
        utilization, and [conservation] energy efficiency 
        objectives, for periods of five and ten years, 
        necessary to satisfy projected energy needs of the 
        United States to meet the requirements of the general 
        welfare of the people of the United States and the 
        commercial and industrial life of the Nation, paying 
        particular attention to the needs for full employment, 
        price stability, energy security, economic growth, 
        environmental protection, reduction or sequestration of 
        greenhouse gas emissions nuclear non-proliferation, 
        special regional needs, and the efficient utilization 
        of public and private resources;
          (2) analyze the policies of the Federal Government 
        (including mandates, subsidies, tariffs, and tax 
        policies) that encourage, or have the potential to 
        encourage--
                  (A) energy production in the United States;
                  (B) energy efficiency in the United States;
                  (C) the reduction, avoidance, or 
                sequestration of greenhouse gases in the United 
                States; or
                  (D) the reduction of air pollutants in the 
                environment;
          [(2)] (3) identify the strategies that should be 
        followed and the resources that should be committed to 
        achieve such objectives, forecasting the level of 
        production and investment necessary in each of the 
        significant energy supply sectors and the level of 
        [conservation] efficiency and investment necessary in 
        each consuming sector, and outlining the appropriate 
        policies and actions of the Federal Government that 
        will maximize the private production and investment 
        necessary in each of the significant energy supply 
        sectors consistent with applicable Federal, State, and 
        local environmental laws, standards, and requirements; 
        and
          [(3)] (4) recommend legislative and administrative 
        actions necessary and desirable to achieve the 
        objectives of such proposed Plan, including legislative 
        recommendations with respect to taxes or tax 
        incentives, Federal funding, regulatory actions, 
        antitrust policy, foreign policy, and international 
        trade.

           *       *       *       *       *       *       *

    (c) The President shall submit to the Congress with the 
proposed Plan a report which shall include--

           *       *       *       *       *       *       *

          (4) a summary of research and development efforts 
        funded by the Federal Government to forestall energy 
        shortages, to reduce waste, to foster recycling, to 
        encourage [conservation practices,] energy efficiency 
        practices, to reduce or sequester greenhouse gas 
        emissions, to reduce the quantity of air pollutants in 
        the environment, to promote domestic energy production, 
        and to otherwise protect environmental quality, 
        including recommendations for developing technologies 
        to accomplish such purposes; and
          (5) a review and appraisal of the adequacy and 
        appropriateness of technologies, procedures, and 
        practices (including competitive and regulatory 
        practices) employed by Federal, State, and local 
        governments and nongovernmental entities to achieve the 
        purposes of the Plan.
    (d) The President shall [insure] ensure that consumers, 
small businesses, and a wide range of other interests, 
including those of individual citizens who have no financial 
interest in the energy industry, are consulted in the 
development of the Plan.
    (e) National Academy of Sciences.--The President, acting 
through the Secretary, shall enter into appropriate 
arrangements with the National Academy of Sciences under which 
the Academy shall--
          (1) prepare reports and analyses that may contribute 
        to the development of the proposed Plan;
          (2) review the proposed Plan; and
          (3) submit to the President and to Congress a report 
        that describes the results of the review of the 
        proposed plan by the Academy.

           *       *       *       *       *       *       *


SEC. 802. CONGRESSIONAL REVIEW.

    (a) Each proposed Plan shall be referred to the appropriate 
committees in the Senate and the House of Representatives.
    (b) Each such committee shall review the proposed Plan and, 
if it deems appropriate and necessary, report to the Senate or 
the House of Representatives legislation regarding such Plan 
which may contain such alternatives to, modifications of, or 
additions to the proposed Plan submitted by the President as 
the committee deems appropriate.

SEC. 803. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated--
          (1) to the Executive Office of the President, such 
        sums as may be necessary to carry out--
                  (A) this title; and
                  (B) other activities to provide coordination 
                and integration of national energy and climate 
                policy; and
          (2) to the Secretary, such sums as are necessary to 
        carry out section 801(e).

           *       *       *       *       *       *       *


                     INSPECTOR GENERAL ACT OF 1978


        Public Law 95-452, Approved October 12, 1978, as Amended


    AN ACT To reorganize the executive branch of the Government and 
    increase its economy and efficiency by establishing Offices of 
  Inspector General within the Departments of Agriculture, Commerce, 
Housing and Urban Development, the Interior, Labor, and Transportation, 
  and within the Community Services Administration, the Environmental 
 Protection Agency, the General Services Administration, the National 
       Aeronautics and Space Administration, the Small Business 
    Administration, and the Veterans' Administration, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act be cited as the ``Inspector General Act of 1978''.

           *       *       *       *       *       *       *


SEC. 12. DEFINITIONS.

    As used in this Act--
          (1) the term ``head of the establishment'' means the 
        Secretary of Agriculture, Commerce, Defense, Education, 
        Energy, Health and Human Services, Housing and Urban 
        Development, the Interior, Labor, State, 
        Transportation, Homeland Security, or the Treasury; the 
        Attorney General; the Administrator of the Agency for 
        International Development, Environmental Protection, 
        General Services, National Aeronautics and Space, or 
        Small Business, or Veterans' Affairs; the Director of 
        the Federal Emergency Management Agency, or the Office 
        of Personnel Management; the Chairman of the Nuclear 
        Regulatory Commission or the Railroad Retirement Board; 
        the Chairperson of the Thrift Depositor Protection 
        Oversight Board; the Chief Executive Officer of the 
        Corporation for National and Community Service; the 
        Administrator of the Community Development Financial 
        Institutions Fund; the chief executive officer of the 
        Resolution Trust Corporation; the Chairperson of the 
        Federal Deposit Insurance Corporation; the Commissioner 
        of Social Security, Social Security Administration; the 
        Director of the Federal Housing Finance Agency; the 
        Board of Directors of the Tennessee Valley Authority; 
        the President of the Export-Import Bank; the 
        Administrator of the Clean Energy Deployment 
        Administration; or the Federal Cochairpersons of the 
        Commissions established under section 15301 of title 
        40, United States Code; as the case may be;
          (2) the term ``establishment'' means the Department 
        of Agriculture, Commerce, Defense, Education, Energy, 
        Health and Human Services, Housing and Urban 
        Development, the Interior, Justice, Labor, State, 
        Transportation, Homeland Security, or the Treasury; the 
        Agency for International Development, the Community 
        Development Financial Institutions Fund, the 
        Environmental Protection Agency, the Federal Emergency 
        Management Agency, the General Services Administration, 
        the National Aeronautics and Space Administration, the 
        Nuclear Regulatory Commission, the Office of Personnel 
        Management, the Railroad Retirement Board, the 
        Resolution Trust Corporation, the Federal Deposit 
        Insurance Corporation, the Small Business 
        Administration, the Corporation for National and 
        Community Service, or the Veterans' Administration, the 
        Social Security Administration, the Federal Housing 
        Finance Agency, the Tennessee Valley Authority, the 
        Export-Import Bank, the Clean Energy Deployment 
        Administration, or the Commissions established under 
        section 15301 of title 40, United States Code, as the 
        case may be;
          (3) the term ``Inspector General'' means the 
        Inspector General of an establishment;
          (4) the term ``Office'' means the Office of Inspector 
        General of an establishment; and
          (5) the term ``Federal agency'' means an agency as 
        defined in section 552(f) of title 5 (including an 
        establishment as defined in paragraph (2)), United 
        States Code, but shall not be construed to include the 
        General Accounting Office.

           *       *       *       *       *       *       *


             PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978


        Public Law 95-617, Approved November 9, 1978, as Amended


AN ACT To suspend until the close of June 30, 1980, the duty on certain 
                 doxorubicin hydrochloride antibiotics

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Public 
Utility Regulatory Policies Act of 1978''.
    (b) Table of Contents.--

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Relationship to antitrust laws.

       TITLE I--RETAIL REGULATORY POLICIES FOR ELECTRIC UTILITIES

     * * * * * * *

              Subtitle B--Standards for Electric Utilities

     * * * * * * *
Sec. 117. Relationship to State law.
Sec. 118. Interconnection of certain small power production facilities.
     * * * * * * *

                   TITLE VI--MISCELLANEOUS PROVISIONS

     * * * * * * *
Sec. 608. Natural gas transportation policies.
Sec. 609. Rural and Remote Communities Electrification Grants.
Sec. 610. Federal Renewable Electricity Standard.

           *       *       *       *       *       *       *


SEC. 2. FINDINGS.

           *       *       *       *       *       *       *


          (1) a program providing for increased conservation of 
        electric energy, increased efficiency in the use of 
        facilities and resources by electric utilities, and 
        equitable retail rates for electric consumers,
          (2) a program to improve the wholesale distribution 
        of electric energy, the reliability of electric 
        service, the procedures concerning consideration of 
        wholesale rate applications before the Federal Energy 
        Regulatory Commission, the participation of the public 
        in matters before the Commission, and to provide other 
        measures with respect to the regulation of the 
        wholesale sale of electric energy,
          (3) a program to provide for the expeditious 
        development of hydroelectric potential at existing 
        small dams to provide needed hydroelectric power,
          (4) a program for the conservation of natural gas 
        while insuring that rates to natural gas consumers are 
        equitable,
          (5) a program to encourage the development of crude 
        oil transportation systems, [and]
          (6) the establishment of certain other authorities as 
        provided in title VI of this Act[.], and
          (7) uniform national standards for the 
        interconnection of certain small power production 
        facilities.

           *       *       *       *       *       *       *


TITLE I--RETAIL REGULATORY POLICIES FOR ELECTRIC UTILITIES

           *       *       *       *       *       *       *



Subtitle B--Standards for Electric Utilities

           *       *       *       *       *       *       *



SEC. 118. INTERCONNECTION OF CERTAIN SMALL POWER PRODUCTION FACILITIES.

    (a) Standard for Facilities of 15 Kilowatts or Less.--The 
Commission shall establish a standard by which each electric 
utility shall make available, on request, interconnection 
service to any electric consumer that the electric utility 
serves with respect to any facility that generates up to 15 
kilowatts of electric energy on the premises of the electric 
consumer.
    (b) Enforcement.--
          (1) By the commission.--
                  (A) In general.--Except as provided in 
                paragraph (2), the Commission may enforce the 
                standard established under subsection (a) 
                against any electric utility.
                  (B) Administration.--The requirements of the 
                standard shall be treated as a rule enforceable 
                under the Federal Power Act (16 U.S.C. 791a et 
                seq.).
          (2) By a state regulatory authority.--The Commission 
        may enter into an agreement with a State regulatory 
        authority to discontinue the enforcement of this 
        section in the State by the Commission if the 
        Commission finds that the State or the State regulatory 
        authority has adopted and is enforcing a standard for 
        interconnection services that is consistent with the 
        standard established under subsection (a).
          (3) Resumption of commission enforcement.--The 
        Commission may rescind an agreement under paragraph (2) 
        and resume enforcement of the standard established 
        under subsection (a) if, as determined by the 
        Commission, the State has failed to enforce a 
        consistent State standard.
    (c) Expanded Standard.--
          (1) Report.--Not later than 3 years after the date of 
        enactment of this section, the Commission shall submit 
        to Congress a report on whether the standard 
        established under subsection (a) should be amended to 
        apply to facilities that generate up to 50 kilowatts of 
        electric energy on the premises of an electric 
        consumer.
          (2) Authority to amend standard.--
                  (A) In general.--Except as provided in 
                subparagraph (B), if the Commission makes an 
                affirmative determination under paragraph (1), 
                the Commission may, after public notice and 
                comment, amend the standard established under 
                subsection (a) to apply to facilities that 
                generate up to 50 kilowatts of electric energy 
                on the premises of an electric consumer.
                  (B) Disapproval.--Subparagraph (A) shall not 
                apply if, during the first period of 90 
                calendar days (not counting days on which 
                either House is not in session because of an 
                adjournment of more than 3 days) of continuous 
                session of Congress (broken only by an 
                adjournment sine die) after the date of the 
                receipt of the report under paragraph (1), a 
                joint resolution is enacted disapproving the 
                amendment of the standard
    (d) Model Standard for Facilities of up to 20 Megawatts.--
The Commission shall establish a model standard for the 
interconnection of small power production facilities with a 
capacity greater than 15 kilowatts, but not greater than 20 
megawatts, for the consideration of State regulatory 
authorities under section 111(d)(15).

           *       *       *       *       *       *       *


TITLE VI--MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *


SEC. 610. FEDERAL RENEWABLE ELECTRICITY STANDARD.

    (a) Definitions.--In this section:
          (1) Affiliate.--The term ``affiliate'' when used with 
        respect to a person, means another person that directly 
        or indirectly owns or controls, is owned or controlled 
        by, or is under common ownership or control with, such 
        person, as determined under regulations issued by the 
        Secretary.
          (2) Base quantity of electricity.--
                  (A) In general.--The term ``base quantity of 
                electricity'' means the total quantity of 
                electricity sold by an electric utility to 
                electric consumers in a calendar year.
                  (B) Exclusions.--The term ``base quantity of 
                electricity'' does not include--
                          (i) electricity generated by a 
                        hydroelectric facility (including a 
                        pumped storage facility but excluding 
                        qualified hydropower) owned by an 
                        electric utility or sold under contract 
                        or rate order to an electric utility to 
                        meet the needs of the retail customers 
                        of the utility;
                          (ii) electricity generated through 
                        the incineration of municipal solid 
                        waste owned by an electric utility or 
                        sold under contract or rate order to an 
                        electric utility to meet the needs of 
                        the retail customers of the utility;
                          (iii) the quantity of electricity 
                        generated by a fossil-fuel facility 
                        that is equal to the proportion of 
                        greenhouse gases produced by such a 
                        unit that are captured and geologically 
                        sequestered; or
                          (iv)(I) electricity generated by a 
                        nuclear generating unit placed in 
                        service after the date of enactment of 
                        this section; or
                          (II) additional energy generated by 
                        an existing nuclear facility as a 
                        result of efficiency improvements or 
                        capacity additions made on or after the 
                        date of enactment of this section.
          (3) Biomass.--The term ``biomass'' has the meaning 
        given the term in section 203(b) of the Energy Policy 
        Act of 2005 (42 U.S.C. 15852(b)).
          (4) Distributed generation facility.--The term 
        ``distributed generation facility'' means a facility at 
        or near a customer site that provides electric energy 
        to 1 or more customers for purposes other than resale 
        other than to a utility through a net metering 
        arrangement.
          (5) Geothermal energy.--The term ``geothermal 
        energy'' means energy derived from a geothermal deposit 
        (within the meaning of section 613(e)(2) of the 
        Internal Revenue Code of 1986).
          (6) Incremental cost of compliance.--
                  (A) In general.--The term ``incremental cost 
                of compliance'' means--
                          (i) the costs attributable to all 
                        retail sales of electricity incurred in 
                        a year by an electric utility to--
                                  (I) generate renewable energy 
                                eligible for Federal renewable 
                                energy credits;
                                  (II) acquire Federal 
                                renewable energy credits; or
                                  (III) make alternative 
                                compliance payments in order to 
                                comply with the requirements of 
                                subsection (b); less
                          (ii)(I) the costs the electric 
                        utility would have incurred to serve 
                        all of the retail customers of that 
                        electric utility in that year to 
                        generate or acquire additional 
                        electricity not eligible for renewable 
                        energy credits if the requirements of 
                        subsection (b) did not apply to the 
                        electric utility; and
                          (II) the costs of compliance with any 
                        comparable State renewable requirement.
                  (B) Cost of electricity.--In calculating the 
                incremental cost of compliance of an electric 
                utility under this section, the Secretary shall 
                take into account the reduction, if any, on the 
                cost of electricity generated with fossil fuels 
                associated with increased reliance on renewable 
                electric energy generation.
          (7) Incremental geothermal production.--
                  (A) In general.--The term ``incremental 
                geothermal production'' means, for any year, 
                the excess of--
                          (i) the total kilowatt hours of 
                        electricity produced from a facility 
                        (including a distributed generation 
                        facility) using geothermal energy; over
                          (ii) the average number of kilowatt 
                        hours produced annually at the facility 
                        for 5 of the previous 7 calendar years 
                        before the date of enactment of this 
                        section after eliminating the highest 
                        and the lowest kilowatt hour production 
                        years in that 7-year period.
                  (B) Special rule.--A facility described in 
                subparagraph (A) that was placed in service at 
                least 7 years before the date of enactment of 
                this section shall, commencing with the year in 
                which that date of enactment occurs, reduce the 
                amount calculated under subparagraph (A)(ii) 
                each year, on a cumulative basis, by the 
                average percentage decrease in the annual 
                kilowatt hour production for the 7-year period 
                described in subparagraph (A)(ii) with such 
                cumulative sum, but not to exceed 30 percent.
          (8) Incremental hydropower.--
                  (A) In general.--The term ``incremental 
                hydropower'' means additional energy generated 
                as a result of efficiency improvements or 
                capacity additions made on or after January 1, 
                1992.
                  (B) Exclusion.--The term ``incremental 
                hydropower'' does not include additional energy 
                generated as a result of operational changes 
                not directly associated with efficiency 
                improvements or capacity additions.
                  (C) Measurement and certification.--
                Efficiency improvements and capacity additions 
                referred to in subparagraph (A) shall be--
                          (i) measured on the basis of the same 
                        water flow information used to 
                        determine a historic average annual 
                        generation baseline for the 
                        hydroelectric facility; and
                          (ii) certified by the Secretary or 
                        the Federal Energy Regulatory 
                        Commission.
          (9) Indian land.--The term ``Indian land'' has the 
        meaning given the term in section 2601 of the Energy 
        Policy Act of 1992 (25 U.S.C. 3501).
          (10) Qualified hydropower.--
                  (A) In general.--The term ``qualified 
                hydropower'' means--
                          (i) incremental hydropower;
                          (ii) additions of capacity made on or 
                        after January 1, 2001, or the effective 
                        commencement date of an existing 
                        applicable State renewable electricity 
                        standard program at an existing 
                        nonhydroelectric dam, if--
                                  (I) the hydroelectric project 
                                installed on the 
                                nonhydroelectric dam--
                                          (aa) is licensed by 
                                        the Federal Energy 
                                        Regulatory Commission, 
                                        or is exempt from 
                                        licensing, and is in 
                                        compliance with the 
                                        terms and conditions of 
                                        the license or 
                                        exemption; and
                                          (bb) meets all other 
                                        applicable 
                                        environmental, 
                                        licensing, and 
                                        regulatory 
                                        requirements, including 
                                        applicable fish passage 
                                        requirements;
                                  (II) the nonhydroelectric 
                                dam--
                                          (aa) was placed in 
                                        service before the date 
                                        of enactment of this 
                                        section;
                                          (bb) was operated for 
                                        flood control, 
                                        navigation, or water 
                                        supply purposes; and
                                          (cc) did not produce 
                                        hydroelectric power as 
                                        of the date of 
                                        enactment of this 
                                        section; and
                                  (III) the hydroelectric 
                                project is operated so that the 
                                water surface elevation at any 
                                given location and time that 
                                would have occurred in the 
                                absence of the hydroelectric 
                                project is maintained, subject 
                                to any license requirements 
                                imposed under applicable law 
                                that change the water surface 
                                elevation for the purpose of 
                                improving the environmental 
                                quality of the affected 
                                waterway, as certified by the 
                                Federal Energy Regulatory 
                                Commission; and
                          (iii) in the case of the State of 
                        Alaska--
                                  (I) energy generated by a 
                                small hydroelectric facility 
                                that produces less than 50 
                                megawatts;
                                  (II) energy from pumped 
                                storage; and
                                  (III) energy from a lake tap.
                  (B) Standards.--Nothing in this paragraph or 
                the application of this paragraph shall affect 
                the standards under which the Federal Energy 
                Regulatory Commission issues licenses for and 
                regulates hydropower projects under part I of 
                the Federal Power Act (16 U.S.C. 791a et seq.).
          (11) Qualified waste-to-energy.--The term ``qualified 
        waste-to-energy'' means energy from the combustion of 
        post-recycled municipal solid waste, or from the 
        gasification or pyrolization of such waste and the 
        combustion of the resulting gas at the same facility, 
        if the owner or operator of the facility generating 
        electricity from the energy provides to the Commission, 
        on an annual basis--
                  (A) a certification that the facility is in 
                compliance with all applicable Federal and 
                State environmental permits;
                  (B) in the case of a facility that commences 
                operation before the date of enactment of this 
                section, a certification that the facility 
                meets emissions standards promulgated under 
                section 112 or 129 of the Clean Air Act (42 
                U.S.C. 7412, 7429) that apply as of the date of 
                enactment of this section to new facilities 
                within the relevant source category; and
                  (C) in the case of the combustion, 
                pyrolization, or gasification of municipal 
                solid waste, a certification that each local 
                government unit from which such waste 
                originates operates, participates in the 
                operation of, contracts for, or otherwise 
                provides for, recycling services for residents 
                of the local government unit.
          (12) Renewable Energy.--The term ``renewable energy'' 
        means electric energy generated at a facility 
        (including a distributed generation facility) from--
                  (A) solar, wind, or geothermal energy or 
                ocean energy;
                  (B) biomass;
                  (C) landfill gas;
                  (D) qualified hydropower;
                  (E) marine and hydrokinetic renewable energy 
                (as defined in section 632 of the Energy 
                Independence and Security Act of 2007 (42 
                U.S.C. 17211));
                  (F) incremental geothermal production;
                  (G) coal-mined methane;
                  (H) qualified waste-to-energy; or
                  (I) another renewable energy source based on 
                innovative technology, as determined by the 
                Secretary through rulemaking.
    (b) Renewable Energy and Energy Efficiency Requirement.--
          (1) Requirement.--
                  (A) In general.--Subject to subparagraph (B), 
                each electric utility that sells electricity to 
                electric consumers for a purpose other than 
                resale shall obtain a percentage of the base 
                quantity of electricity the electric utility 
                sells to electric consumers in any calendar 
                year from renewable energy or energy 
                efficiency.
                  (B) Percentage.--Except as provided in 
                section 611, the percentage obtained in a 
                calendar year under subparagraph (A) shall not 
                be less than the amount specified in the 
                following table:

        Calendar year:                         Minimum annual percentage
2011 through 2013.................................................   3.0
2014 through 2016.................................................   6.0
2017 through 2018.................................................   9.0
2019 through 2020.................................................  12.0
2021 through 2039.................................................  15.0

          (2) Means of compliance.--An electric utility shall 
        meet the requirements of paragraph (1) by--
                  (A) submitting to the Secretary renewable 
                energy credits issued under subsection (c);
                  (B) submitting Federal energy efficiency 
                credits issued under subsection (i), except 
                that those credits may not be used to meet more 
                than 26.67 percent of the requirements under 
                paragraph (1) in any calendar year;
                  (C) making alternative compliance payments to 
                the Secretary at the rate of 2.1 cents per 
                kilowatt hour (as adjusted for inflation under 
                subsection (g) if the electric utility does not 
                elect to petition the Secretary to waive the 
                requirements under subsection (d)(3)(C)); or
                  (D) a combination of activities described in 
                subparagraphs (A), (B), and (C).
          (3) Phase-in.--The Secretary shall prescribe, by 
        regulation, a reasonable phase-in of the requirements 
        of paragraph (1) as the requirements apply to an 
        electric utility that becomes subject to this section 
        on or after January 1, 2013.
    (c) Federal Renewable Energy and Energy Efficiency Credit 
Trading Programs.--
          (1) In general.--Not later than January 1, 2011, the 
        Secretary shall establish a Federal renewable energy 
        credit trading program, and a Federal energy efficiency 
        credit trading program, under which electric utilities 
        shall submit to the Secretary Federal renewable energy 
        credits and Federal energy efficiency credits to 
        certify the compliance of the electric utilities with 
        subsection (b)(1).
          (2) Administration.--As part of the program, the 
        Secretary shall--
                  (A) issue renewable energy credits to 
                generators of electric energy from renewable 
                energy, regardless of whether the energy is 
                transmitted over the national interstate 
                transmission system;
                  (B) to the extent that renewable sources of 
                electricity are used in combination with other 
                sources of energy, issue credits only to the 
                extent that the electricity generated is from 
                renewable resources;
                  (C) issue renewable energy credits to 
                electric utilities associated with State 
                renewable electricity standard compliance 
                mechanisms pursuant to subsection (h);
                  (D) issue energy efficiency credits pursuant 
                to subsection (i);
                  (E) subject to subparagraph (F), ensure that 
                a kilowatt hour, including the associated 
                renewable energy credit or energy efficiency 
                credit, shall be used only once for purposes of 
                compliance with this Act;
                  (F) allow double credits for generation from 
                facilities on Indian land, and triple credits 
                for generation from small renewable distributed 
                generators (meaning those no larger than 1 
                megawatt), except that no distributed renewable 
                generation facilities on Indian land shall 
                receive a greater number of credits than triple 
                credits;
                  (G) allow triple credits for generation of 
                energy from algae;
                  (H) ensure that, with respect to a purchaser 
                that, as of the date of enactment of this 
                section, has a purchase agreement from a 
                renewable energy facility placed in service 
                before that date, the credit associated with 
                the generation of renewable energy under the 
                contract is issued to the purchaser of the 
                electric energy to the extent that the contract 
                does not already provide for the allocation of 
                the Federal credit; and
                  (I) issue tradeable renewable energy credits 
                for the useful electric and thermal output from 
                a facility that produces the output from 
                biomass, using a system under which--
                          (i) in the case of efficiency that is 
                        less than 50 percent, 1 renewable 
                        energy credit is awarded;
                          (ii) in the case of efficiency that 
                        is 50 percent or more but less than 70 
                        percent, 1.1 renewable energy credits 
                        are awarded for the same unit output;
                          (iii) in the case of efficiency that 
                        is 70 percent or more but less than 90 
                        percent, 1.25 renewable energy credits 
                        are awarded for the same unit output; 
                        and
                          (iv) in the case of efficiency that 
                        is 90 percent or more, 1.5 renewable 
                        energy credits are awarded for the same 
                        unit output.
          (3) Duration.--A credit described in subparagraph 
        (A), (B), (C), or (D) of paragraph (2) may only be used 
        for compliance with this section during the 3-year 
        period beginning on the date of issuance of the credit.
          (4) Transfers.--An electric utility that holds 
        credits in excess of the quantity of credits needed to 
        comply with subsection (b) may transfer the credits to 
        another electric utility in the same utility holding 
        company system.
          (5) Delegation of market function.--
                  (A) In general.--The Secretary may delegate 
                to--
                          (i) an appropriate market-making 
                        entity the administration of a national 
                        renewable energy credit market and a 
                        national energy efficiency credit 
                        market for purposes of creating a 
                        transparent national market for the 
                        sale or trade of renewable energy 
                        credits and energy efficiency credits; 
                        and
                          (ii) regional entities the tracking 
                        of dispatch of renewable generation.
                  (B) Administration.--Any delegation under 
                subparagraph (A) shall ensure that the tracking 
                and reporting of information concerning the 
                dispatch of renewable generation is 
                transparent, verifiable, and independent of any 
                generation or load interests with obligations 
                under this section.
    (d) Enforcement.--
          (1) Civil penalties.--Any electric utility that fails 
        to meet the requirements of subsection (b) shall be 
        subject to a civil penalty.
          (2) Amount of penalty.--The amount of the civil 
        penalty shall be equal to the product obtained by 
        multiplying--
                  (A) the number of kilowatt-hours of electric 
                energy sold to electric consumers in violation 
                of subsection (b); by
                  (B) 200 percent of the value of the 
                alternative compliance payment, as adjusted for 
                inflation under subsection (g).
          (3) Mitigation or waiver.--
                  (A) Penalty.--
                          (i) In general.--The Secretary may 
                        mitigate or waive a civil penalty under 
                        this subsection if the electric utility 
                        is unable to comply with subsection (b) 
                        due to a reason outside of the 
                        reasonable control of the electric 
                        utility.
                          (ii) Amount.--The Secretary shall 
                        reduce the amount of any penalty 
                        determined under paragraph (2) by the 
                        amount paid by the electric utility to 
                        a State for failure to comply with the 
                        requirement of a State renewable energy 
                        program if the State requirement is 
                        greater than the applicable requirement 
                        of subsection (b).
                  (B) Requirement.--The Secretary may waive the 
                requirements of subsection (b) for a period of 
                up to 5 years with respect to an electric 
                utility if the Secretary determines that the 
                electric utility cannot meet the requirements 
                due to a hurricane, tornado, fire, flood, 
                earthquake, ice storm, or other natural 
                disaster or act of God beyond the reasonable 
                control of the utility.
                  (C) Ratepayer protection.--Effective 
                beginning June 1, 2010, and not later than June 
                1 of each year thereafter, an electric utility 
                may petition the Secretary to waive, for the 
                following compliance year, all or part of the 
                requirements of subsection (b) in order to 
                limit the rate impact of the incremental cost 
                of compliance of the electric utility to not 
                more than 4 percent per retail customer in any 
                year.
                  (D) Variance.--A State public utility 
                commission or electric utility may submit an 
                application to the Secretary that requests a 
                variance from the requirements of subsection 
                (b) for 1 or more calendar years (including 
                suspension or reduction of the requirements) on 
                the basis of transmission constraints 
                preventing delivery of service.
          (4) Procedure for assessing penalty.--The Secretary 
        shall assess a civil penalty under this subsection in 
        accordance with the procedures prescribed by section 
        333(d) of the Energy Policy and Conservation Act (42 
        U.S.C. 6303(d)).
    (e) Alternative Compliance Payments.--
          (1) In general.--An electric utility may satisfy the 
        requirements of subsection (b), in whole or in part, by 
        submitting in accordance with this subsection, in lieu 
        of each Federal renewable electricity credit or 
        megawatt hour of demonstrated total annual electricity 
        savings that would otherwise be due, a payment equal to 
        the amount required under subsection (b) in accordance 
        with such regulations as the Secretary may promulgate.
          (2) Payment to state funds.--Payments made under this 
        subsection shall be made directly to the State in which 
        the electric utility is located, if the payments are 
        deposited directly into a fund within the treasury of 
        the State for use in accordance with paragraph (3).
          (3) Use of grants.--The Governor of any State may 
        expend amounts in a State renewable energy escrow 
        account solely for purposes of--
                  (A) increasing the quantity of electric 
                energy produced from a renewable energy source 
                in the State, including nuclear and advanced 
                coal technologies for carbon capture and 
                sequestration;
                  (B) promoting the deployment and use of 
                electric drive vehicles in the State, including 
                the development of electric drive vehicles and 
                batteries; and
                  (C) offsetting the costs of carrying out this 
                section paid by electric consumers in the State 
                through--
                        (i) direct grants to electric 
                        consumers; or
                        (ii) energy efficiency investments.
          (4) Information and reports.--As a condition of 
        providing payments to a State under this subsection, 
        the Secretary may require the Governor to keep such 
        accounts or records, and furnish such information and 
        reports, as the Secretary determines are necessary and 
        appropriate for determining compliance with this 
        subsection.
    (f) Exemptions.--During any calendar year, this section 
shall not apply to an electric utility--
          (1) that sold less than 4,000,000 megawatt-hours of 
        electric energy to electric consumers during the 
        preceding calendar year, except that sales to an 
        affiliate, lessee, or tenant of the electric utility 
        shall not be treated as sales to electric consumers 
        under this paragraph; or
          (2) in Hawaii.
    (g) Inflation Adjustment.--Not later than December 31 of 
each year beginning in 2008, the Secretary shall adjust for 
inflation the rate of the alternative compliance payment under 
subsection (b)(2)(C).
    (h) State Programs.--
          (1) In general.--Subject to paragraph (2), nothing in 
        this section diminishes any authority of a State or 
        political subdivision of a State to adopt or enforce 
        any law or regulation respecting renewable energy or 
        energy efficiency, or the regulation of electric 
        utilities.
          (2) Compliance.--Except as provided in subsection 
        (d)(3), no such law or regulation shall relieve any 
        person of any requirement otherwise applicable under 
        this section.
          (3) Coordination.--The Secretary, in consultation 
        with States having such renewable energy and energy 
        efficiency programs, shall, to the maximum extent 
        practicable, facilitate coordination between the 
        Federal program and State programs.
          (4) Regulations.--
                  (A) In general.--The Secretary, in 
                consultation with States, shall promulgate 
                regulations to ensure that an electric utility 
                that is subject to the requirements of this 
                section and is subject to a State renewable 
                energy standard receives renewable energy 
                credits if--
                          (i) the electric utility complies 
                        with the State standard by generating 
                        or purchasing renewable electric energy 
                        or renewable energy certificates or 
                        credits representing renewable electric 
                        energy; or
                          (ii) the State imposes or allows 
                        other mechanisms for achieving the 
                        State standard, including the payment 
                        of taxes, fees, surcharges, or other 
                        financial obligations.
                  (B) Amount of credits.--The amount of credits 
                received by an electric utility under this 
                subsection shall equal--
                          (i) in the case of subparagraph 
                        (A)(i), the quantity of renewable 
                        energy resulting from the generation or 
                        purchase by the electric utility of 
                        renewable energy; and
                          (ii) in the case of subparagraph 
                        (A)(ii), the pro rata share of the 
                        electric utility, based on the 
                        contributions to the mechanism made by 
                        the electric utility or customers of 
                        the electric utility, in the State, of 
                        the quantity of renewable energy 
                        resulting from those mechanisms.
                (C) Prohibition on double counting.--The 
                regulations promulgated under this paragraph 
                shall ensure that a kilowatt-hour associated 
                with a renewable energy credit issued pursuant 
                to this subsection shall not be used for 
                compliance with this section more than once.
    (i) Energy Efficiency Credits.--
          (1) Definitions.--In this subsection:
                  (A) Customer facility savings.--The term 
                ``customer facility savings'' means a reduction 
                in the consumption of end-use electricity at a 
                facility of an end-use consumer of electricity 
                served by an electric utility, as compared to--
                          (i) consumption at the facility 
                        during a base year, taking into account 
                        reductions attributable to causes other 
                        than energy efficiency investments 
                        (such as economic downturns, reductions 
                        in customer base, favorable weather 
                        conditions, or other such causes); or
                          (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 
                        similar equipment of average efficiency 
                        available for purchase at the time that 
                        new equipment is acquired.
                  (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); and
                          (iii) the output of new combined heat 
                        and power systems, to the extent 
                        provided under paragraph (5).
                  (C) Qualified electricity savings.--The term 
                ``qualified electricity savings'' means 
                electricity saving that meet the measurement 
                and verification requirements of paragraph (4).
          (2) Petition.--On petition by the Governor of a State 
        or, in the case of the power service area of the 
        Tennessee Valley Authority, the Board of Directors of 
        the Tennessee Valley Authority, the Secretary shall 
        allow up to 26.67 percent of the requirements of an 
        electric utility under subsection (b)(1) associated 
        with the sales of electricity of the utility in the 
        State to be met by submitting Federal energy efficiency 
        credits issued pursuant to this subsection.
          (3) Issuance of energy efficiency credits.--
                  (A) In general.--The Secretary shall issue 
                energy efficiency credits for qualified 
                electricity savings achieved in States 
                described in paragraph (2) in accordance with 
                this subsection.
                  (B) Qualified electricity savings.--Subject 
                to subparagraph (C), in accordance with 
                regulations promulgated by the Secretary, the 
                Secretary shall issue credits for
                          (i) qualified electricity savings 
                        achieved by an electric utility on or 
                        after the date of enactment of this 
                        section; and
                          (ii) qualified electricity savings 
                        achieved by other entities (including 
                        State agencies) on or after the date of 
                        enactment of this section if--
                                  (I) the measures used to 
                                achieve the qualified 
                                electricity savings were 
                                installed or placed in 
                                operation by the entity seeking 
                                the credit; and
                                  (II) an electric utility 
                                eligible to receive efficiency 
                                did not pay a substantial 
                                portion of the cost of 
                                achieving the qualified 
                                electricity savings (unless the 
                                utility has waived any 
                                entitlement to the credit).
                  (C) Standards.--No credits shall be issued 
                for electricity savings achieved as a result of 
                compliance with a national, State, or local 
                building, equipment, or appliance efficiency 
                standard.
          (4) Measurement and verification of electricity 
        savings.--Not later than January 2010, 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; and
                          (v) exclude electricity savings 
                        that--
                                  (I) are not properly 
                                attributable to measures 
                                carried out by the entity 
                                seeking the credit;
                                  (II) have already been 
                                credited under this section to 
                                another entity; or
                                  (III) do not result from 
                                actions not intended to achieve 
                                electricity savings;
                  (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.
    (j) Biomass Harvesting and Sustainability.--The provisions 
of this section relating to biomass shall be administered in 
accordance with section 203(e) of the Energy Policy Act of 2005 
(42 U.S.C. 15852(e)).
    (k) Loans for Projects To Comply With Federal Renewable 
Electricity Standard.--
          (1) Purposes.--The purposes of this subsection are--
                  (A) to reduce the cost incurred by electric 
                utilities in complying with the requirements of 
                this section; and
                  (B) to minimize the impact of the 
                requirements on electricity rates for 
                consumers.
          (2) Loans.--The Secretary shall make loans available 
        to electric utilities to carry out qualified projects 
        approved by the Secretary to comply with the 
        requirements of this section.
          (3) Qualified projects.--
                  (A) In general.--A loan may be made under 
                this subsection for a project--
                          (i) to construct a renewable energy 
                        generation facility;
                          (ii) to install an energy efficiency 
                        or electricity demand reduction 
                        technology; or
                          (iii) to carry out any other project 
                        approved by the Secretary that the 
                        Secretary determines is consistent with 
                        the purposes of this subsection.
                  (B) Disapproval.--The Secretary may 
                disapprove an application for a loan for a 
                project under this subsection if the Secretary 
                determines that--
                          (i) the revenues generated under the 
                        project are unlikely to be sufficient 
                        to cover the repayment obligations of 
                        the proposed loan; or
                          (ii) the project is not otherwise 
                        consistent with the purposes of this 
                        subsection.
          (4) Terms.--A loan made by the Secretary to an 
        electric utility under this subsection shall--
                  (A) be for a term of not to exceed 30 years; 
                and
                  (B) bear an annual interest rate that is 50 
                basis points more than the Federal funds rate 
                established by the Board of Governors of the 
                Federal Reserve System.
          (5) Priority.--Notwithstanding any other provision of 
        law, the debt to the Federal Government under a loan 
        made to an electric utility under this subsection shall 
        have priority in any case in which the electric utility 
        files for bankruptcy protection under title 11, United 
        States Code.
          (6) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are 
        necessary to carry out this subsection.
    (l) Reconsideration.--
          (1) Review.--
                  (A) In general.--Not later than January 15, 
                2017, and every 5 years thereafter, the 
                Secretary shall review and make recommendations 
                to Congress on the program established under 
                this section.
                  (B) Analysis.--The review shall analyze 
                whether--
                          (i) the program established under 
                        this section has contributed to an 
                        economically harmful increase in 
                        electricity rates in regions of the 
                        United States;
                          (ii) the program has resulted in net 
                        economic benefits for the United 
                        States; and
                          (iii) new technologies and clean, 
                        renewable energy sources will advance 
                        the purposes of this section.
          (2) Recommendations.--The Secretary shall submit to 
        Congress recommendations on whether--
                  (A) the percentage of energy efficiency 
                credits eligible to be submitted under 
                subsection (b)(1) should be increased or 
                decreased;
                  (B) the percentage of renewable electricity 
                required under subsection (b)(1) should be 
                increased or decreased; and
                  (C) the definition of ``renewable energy'' 
                should be expanded to reflect advances in 
                technology or previously unavailable sources of 
                clean or renewable energy.
          (3) Report.--Not later than January 15, 2017, the 
        Secretary shall submit to Congress a report that 
        describes any recommendations of the Secretary on 
        changes to the program established under this section.
    (m) Regulations.--Not later than 1 year after the date of 
enactment of this section, the Secretary shall promulgate 
regulations implementing this section.
    (n) Termination of Authority.--This section and the 
authority provided by this section terminate on December 31, 
2039.

                NATIONAL ENERGY CONSERVATION POLICY ACT 


        Public Law 95-619, Approved November 9, 1978, as Amended


                AN ACT For the relief of Jack R. Misner

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

                      TITLE I--GENERAL PROVISIONS


SEC. 101. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National 
Energy Conservation Policy Act''.

           *       *       *       *       *       *       *


TITLE V--FEDERAL ENERGY INITIATIVES

           *       *       *       *       *       *       *



PART 3--FEDERAL ENERGY MANAGEMENT

           *       *       *       *       *       *       *



SEC. 543. ENERGY MANAGEMENT REQUIREMENTS.

           *       *       *       *       *       *       *


    [(f)] (g) Large Capital Energy Investments.--
          (1) In general.--Each Federal agency shall ensure 
        that any large capital energy investment in an existing 
        building that is not a major renovation but involves 
        replacement of installed equipment (such as heating and 
        cooling systems), or involves renovation, 
        rehabilitation, expansion, or remodeling of existing 
        space, employs the most energy efficient designs, 
        systems, equipment, and controls that are life-cycle 
        cost effective.
          (2) Process for review of investment decisions.--Not 
        later than 180 days after the date of enactment of this 
        subsection, each Federal agency shall--
                  (A) develop a process for reviewing each 
                decision made on a large capital energy 
                investment described in paragraph (1) to ensure 
                that the requirements of this subsection are 
                met; and
                  (B) report to the Director of the Office of 
                Management and Budget on the process 
                established.
          (3) Compliance report.--Not later than 1 year after 
        the date of enactment of this subsection, the Director 
        of the Office of Management and Budget shall evaluate 
        and report to Congress on the compliance of each agency 
        with this subsection.
    (h) Federal Implementation Strategy for Energy-Efficient 
Information and Communications Technologies.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of this subsection, each Federal agency 
        shall collaborate with the Director of the Office of 
        Management and Budget (referred to in this subsection 
        as the `Director') to create an implementation strategy 
        (including best-practices and measurement and 
        verification techniques) for the maintenance, purchase, 
        and use of energy efficient and energy-reducing 
        information and communications technologies and 
        practices.
          (2) Administration.--In developing an implementation 
        strategy, each Federal agency shall--
                  (A) consider information and communications 
                technologies and infrastructure, including--
                          (i) advanced metering infrastructure;
                          (ii) information and communications 
                        technology services and products;
                          (iii) efficient data center 
                        strategies;
                          (iv) computer power management;
                          (v) applications modernization and 
                        rationalization;
                          (vi) building systems energy 
                        efficiency; and
                          (vii) telework;
                  (B) ensure that the agency is eligible to 
                realize savings and rewards brought about 
                through increased efficiency; and
                  (C) to the maximum extent practicable, 
                incorporate existing standards, specifications, 
                performance metrics, and best management 
                practices.
        (3) Performance goals.--
                  (A) In general.--Not later than 180 days 
                after the date of enactment of this subsection, 
                the Director shall establish performance goals 
                for evaluating the efforts of Federal agencies 
                in improving the maintenance, purchase, and use 
                of energy efficiency of information and 
                communications technology systems.
                  (B) Administration.--The performance goals 
                shall--
                          (i) measure information technology 
                        costs over a specific time period of 3 
                        to 5 years; and
                          (ii) provide, to the maximum extent 
                        practicable, a complete picture of all 
                        costs, including energy costs.
          (4) Reports.--
                  (A) Agency reports.--Each Federal agency 
                subject to the requirements of this subsection 
                shall include in the report of the agency under 
                section 527 of the Energy Independence and 
                Security Act of 2007 (42 U.S.C. 17143) a 
                description of the efforts of the agency under 
                this subsection.
                  (B) OMB Government efficiency report and 
                score cards.--Effective beginning not later 
                than April 1, 2011, the Director shall include 
                in the annual report and scorecard of the 
                Director under section 528 of the Energy 
                Independence and Security Act of 2007 (42 
                U.S.C. 17143) a description of the efforts of 
                Federal agencies under this subsection.

           *       *       *       *       *       *       *


SEC. 546. INCENTIVES FOR AGENCIES.

           *       *       *       *       *       *       *


    (c) Utility Incentive Programs.--
          (1) Agencies are authorized and encouraged to 
        participate in programs to increase energy efficiency 
        and for water conservation or the management of 
        electricity demand conducted by gas, water, or electric 
        utilities (including Independent Systems Operators, 
        State agencies, and third party entities implementing 
        those programs on behalf of utilities or State 
        agencies) and generally available to customers of such 
        utilities.
          (2) Each agency may accept any financial incentive, 
        goods, or services generally available from any such 
        utility, State agency, and third party entity 
        implementing those programs on behalf of utilities or 
        State agencies, to increase energy efficiency or to 
        conserve water or manage electricity demand.
          (3) Each agency is encouraged to enter into 
        negotiations with electric, water, and gas utilities, 
        State agencies, and third party entities implementing 
        those programs on behalf of utilities or State agencies 
        to design cost-effective demand management and 
        conservation incentive programs to address the unique 
        needs of facilities utilized by such agency.
          (4) If an agency satisfies the criteria which 
        generally apply to other customers of a utility or 
        State agency incentive program, such agency may not be 
        denied collection of rebates or other incentives.

           *       *       *       *       *       *       *


            TITLE VIII--ENERGY SAVINGS PERFORMANCE CONTRACTS


SEC. 801. AUTHORITY TO ENTER INTO CONTRACTS.

    (a) In General.--

           *       *       *       *       *       *       *

                  [(E) Funding options.--In carrying out a 
                contract under this title, a Federal agency may 
                use any combination of--
                          [(i) appropriated funds; and
                          [(ii) private financing under an 
                        energy savings performance contract.]
                  (E) Funding options.--Notwithstanding any 
                other provision of law, in carrying out a 
                contract under this title, a Federal agency may 
                use any combination of--
                          (i) appropriated funds; and
                          (ii) private financing under energy 
                        savings performance contracts or other 
                        private financing of energy savings 
                        measures.
          (3) Task or delivery orders.--
                  (A) In general.--The head of a Federal agency 
                may issue a task or delivery order under an 
                energy savings performance contract by--
                          (i)(I) notifying all contractors that 
                        have received an award under the 
                        contract that the agency proposes to 
                        consider using energy savings 
                        performance services for all or part of 
                        the facilities of the agency;
                          (II) soliciting an expression of 
                        interest in the performance of site 
                        surveys or investigations and 
                        feasibility designs and studies and the 
                        submission of qualifications from the 
                        contractors; and
                          (III) including in the notice summary 
                        information concerning energy use for 
                        any facilities that the agency has 
                        specific interest in including in the 
                        contract;
                          (ii) reviewing all expressions of 
                        interest and qualifications submitted 
                        pursuant to the notice provided under 
                        clause (i);
                          (iii) selecting 2 or more contractors 
                        (from among the contractors reviewed 
                        under clause (ii)) to analyze the 
                        respective qualifications of the 
                        contractors to implement potential 
                        energy conservation measures, including 
                        requesting references demonstrating 
                        experience on similar efforts and the 
                        resulting energy savings of the similar 
                        efforts;
                          (iv) selecting and authorizing--
                                  (I) more than 1 contractor 
                                (from among the contractors 
                                selected under clause (iii)) to 
                                conduct site surveys, 
                                investigations, feasibility 
                                designs and studies, or similar 
                                assessments for the energy 
                                savings performance contract 
                                services (or for discrete 
                                portions of the services), for 
                                the purpose of allowing each 
                                such contractor to submit a 
                                firm, fixed-price proposal to 
                                implement specific energy 
                                conservation measures; or
                                  (II) 1 contractor (from among 
                                the contractors selected under 
                                clause (iii)) to conduct a site 
                                survey, investigation, 
                                feasibility design and study, 
                                or similar assessment for the 
                                purpose of allowing the 
                                contractor to submit a firm, 
                                fixed-price proposal to 
                                implement specific energy 
                                conservation measures;
                          (v) negotiating a task or delivery 
                        order for energy savings performance 
                        contracting services with the 1 or more 
                        contractors selected under clause (iv) 
                        based on the energy conservation 
                        measures identified; and
                          (vi) issuing a task or delivery order 
                        for energy savings performance 
                        contracting services to the 1 or more 
                        contractors.
                  (B) Competition Requirements.--The issuance 
                of a task or delivery order for energy savings 
                performance contracting services pursuant to 
                subparagraph (A) shall be considered to satisfy 
                the task and delivery order competition 
                requirements of section 2304c(d) of title 10, 
                United States Code, and section 303J(d) of the 
                Federal Property and Administrative Services 
                Act of 1949 (41 U.S.C. 253j(d)).
                  (C) Guidance.--The Secretary may issue 
                guidance as necessary to Federal agencies 
                issuing task or delivery orders pursuant to 
                subparagraph (A).

           *       *       *       *       *       *       *


SEC. 804. DEFINITIONS.

           *       *       *       *       *       *       *


          (2) The term ``energy savings'' means--
                  (A) a reduction in the cost of energy, water, 
                or wastewater treatment, from a base cost 
                established through a methodology set forth in 
                the contract, used in an existing federally 
                owned building or buildings or other federally 
                owned facilities as a result of--
                          (i) the lease or purchase of 
                        operating equipment, improvements, 
                        altered operation and maintenance, or 
                        technical services;
                          (ii) the increased efficient use of 
                        existing energy sources by cogeneration 
                        or heat recovery, excluding any 
                        cogeneration process for other than a 
                        federally owned building or buildings 
                        or other federally owned facilities; or
                          (iii) the increased efficient use of 
                        existing water sources in either 
                        interior or exterior applications;
                  (B) the increased efficient use of an 
                existing energy source by cogeneration or heat 
                recovery and installation of renewable energy 
                systems;

           *       *       *       *       *       *       *


                    NUCLEAR WASTE POLICY ACT OF 1982


        Public Law 97-425, Approved January 7, 1983, as Amended


AN ACT To provide for the development of repositories for the disposal 
of high-level radioactive waste and spent nuclear fuel, to establish a 
   program of research, development, and demonstration regarding the 
 disposal of high-level radioactive waste and spent nuclear fuel, and 
                           for other purposes

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    This Act may be cited as the ``Nuclear Waste Policy Act of 
1982''.

                            TABLE OF CONTENTS

     * * * * * * *

             TITLE VI--NATIONAL COMMISSION ON NUCLEAR WASTE

Sec. 601. Establishment of Commission.
Sec. 602. Purposes.
Sec. 603. Composition of the National Commission.
Sec. 604. Functions.
Sec. 605. Administration.
Sec. 606. Report.
Sec. 607. Funding.
Sec. 608. Termination.

           *       *       *       *       *       *       *


             TITLE VI--NATIONAL COMMISSION ON NUCLEAR WASTE

SEC. 601. ESTABLISHMENT OF COMMISSION.

    There is established a Federal advisory committee to be 
known as the ``National Commission on Nuclear Waste'' (referred 
to in this title as the ``National Commission'').

SEC. 602. PURPOSES.

    The purposes of the National Commission are--
          (1) to conduct a comprehensive study of alternative 
        means of safely managing or disposing of spent nuclear 
        fuel and high-level radioactive waste from civilian 
        nuclear activity and atomic energy defense activity; 
        and
          (2) to recommend to Congress such legislative or 
        other action as may be necessary to manage or dispose 
        of spent nuclear fuel and high-level radioactive waste 
        successfully and safely.

SEC. 603. COMPOSITION OF THE NATIONAL COMMISSION.

    (a) Members.--The National Commission shall be composed of 
11 members appointed by the President from among prominent 
United States citizens with national recognition and 
significant depth of experience in such professions as 
government service, public administration, natural or physical 
sciences, engineering, and public health and safety.
    (b) Exclusion.--An officer or employee of the Federal 
Government or any State or local government may not serve as a 
member of the National Commission.
    (c) Balance.--The membership of the National Commission 
shall be fairly balanced in terms of the points of view 
represented and functions to be performed by the National 
Commission. Not more than 6 members of the National Commission 
shall be members of the same political party.
    (d) Independence.--The advice and recommendations of the 
National Commission shall result from the National Commission's 
independent judgment and shall not be inappropriately 
influenced by any special interest.
    (e) Chairman.--The President shall designate a chairman 
(referred to in this title as the ``Chairman'') from among the 
members of the National Commission.

SEC. 604. FUNCTIONS.

    (a) Study of Alternative Waste Management Strategies.-- The 
National Commission shall--
          (1) examine alternative means of safely managing and 
        disposing of spent nuclear fuel and high-level 
        radioactive waste from civilian nuclear activity and 
        atomic defense activity, including--
                  (A) deep geologic disposal of spent nuclear 
                fuel and high-level radioactive waste in a 
                repository;
                  (B) long-term storage of spent nuclear fuel 
                and high-level radioactive waste at the sites 
                where it is currently stored or being 
                generated;
                  (C) long-term storage of spent nuclear fuel 
                and high-level radioactive waste at 1 or more 
                regional storage facilities;
                  (D) chemical reprocessing of spent nuclear 
                fuel with uranium and plutonium recycling; and
                  (E) such other alternatives or combination of 
                alternatives to managing and disposing of spent 
                nuclear fuel and high-level radioactive waste 
                as the National Commission determines to be 
                reasonable; and
          (2) evaluate, for each of the alternatives considered 
        under paragraph (1)--
                  (A) the degree to which the alternative will 
                isolate spent nuclear fuel and high-level 
                radioactive waste from the public and the 
                environment;
                  (B) the degree to which the alternative will 
                expose workers, the general public, and the 
                environment to radiation during the handling, 
                treatment, or processing of spent nuclear fuel 
                and high-level radioactive waste prior to final 
                disposition;
                  (C) the degree to which the alternative will 
                be secure from attack or intrusion;
                  (D) the risk of nuclear proliferation posed 
                by the alternative;
                  (E) the total life cycle cost of the 
                alternative;
                  (F) the length of time needed to site, 
                license, and construct necessary facilities;
                  (G) the degree to which spent nuclear fuel 
                and high-level radioactive waste will need to 
                be transported between facilities; and
                  (H) the cumulative effect of the alternative 
                on the environment, and measures that can be 
                taken to avoid or minimize adverse effects of 
                the alternative on the environment.
    (b) Review of Prior Repository Program.--The National 
Commission shall--
          (1) review the efforts of the Department to implement 
        the programs under title I and identify any 
        deficiencies in the implementation of those programs; 
        and
          (2) recommend any measures to ensure that future 
        efforts to site a repository or storage facility will--
                  (A) provide a reasonable assurance that the 
                public and the environment will be adequately 
                protected from the hazards posed by spent 
                nuclear fuel or high-level radioactive waste 
                stored or disposed of in the facility; and
                  (B) be acceptable to the public.
    (c) Review of Reprocessing and Advanced Fuel Cycle 
Programs.--The National Commission shall--
          (1) review foreign and domestic programs to reprocess 
        commercial spent nuclear fuel;
          (2) assess the technical challenges of developing and 
        validating the safe operation of the processes and 
        systems required to recycle commercial spent nuclear 
        fuel without separating plutonium, including the time 
        and funding resources likely to be required;
          (3) evaluate the regulatory adequacy of health and 
        safety standards for radionuclide release from 
        recycling facilities and recycled fuel fabrication 
        facilities;
          (4) assess the probable forms of the final wastes 
        resulting from reprocessing operations, including how 
        such wastes would be stored and maintained pending 
        disposal; and
          (5) analyze the technical, economic, environmental, 
        and health and safety advantages and disadvantages of 
        reprocessing spent nuclear fuel compared to disposal in 
        a geologic repository.
    (d) Study of Incentives Program.--The National Commission 
shall--
          (1) examine the economic and other impacts of hosting 
        a nuclear waste repository, reprocessing facility, or 
        regional storage facility on the host State, any 
        affected Indian tribe, and any affected unit of local 
        government; and
          (2) recommend measures it determines necessary or 
        advisable to provide economic compensation and 
        incentives to a State, Indian tribe, or unit of local 
        government that agrees to host a repository, 
        reprocessing facility, or regional storage facility.
    (e) Study of Alternative Means of Managing and Operating 
the Nuclear Waste Program.--The National Commission shall--
          (1) study alternative approaches to managing the 
        construction and operation of civilian nuclear waste 
        management facilities, including the feasibility of 
        establishing a private corporation for such purposes; 
        and
          (2) recommend whether responsibility for managing the 
        siting, construction, and operation, and monitoring of 
        civilian nuclear waste management facilities should 
        continue to be vested in the Secretary or whether it 
        should be transferred to an alternative Federal agency 
        or entity.
    (f) Study of Alternative Means of Financing.--The National 
Commission shall--
          (1) examine the cost of carrying out nuclear waste 
        management activities;
          (2) evaluate the adequacy of the Waste Fund; and
          (3) recommend measures the National Commission 
        determines necessary or advisable for--
                  (A) the disposition of balances remaining in 
                the Waste Fund; and
                  (B) the collection and disposition of any 
                additional fees that may be needed to ensure 
                that the cost of carrying out nuclear waste 
                disposal activities are fully recovered from 
                the persons responsible for generating such 
                waste.

SEC. 605. ADMINISTRATION.

    (a) Compensation.--Each member of the National Commission 
shall be compensated at the daily equivalent of the annual rate 
of basic pay in effect for a position at level IV of the 
Executive Schedule under section 5315 of title 5, United States 
Code, for each day the member is engaged in the work of the 
National Commission.
    (b) Travel Expenses.--Each member of the National 
Commission may receive travel expenses, including per diem in 
lieu of subsistence, in the same manner as person employed 
intermittently in the Federal Government service under section 
5703 of title 5, United States Code.
    (c) Staff.--The Chairman is authorized to appoint and fix 
the compensation of a staff director and such other personnel 
as may be necessary to enable the National Commission to carry 
out its functions, subject to the applicable provisions of the 
Federal Advisory Committee Act (5 U.S.C. App.) and title 5, 
United States Code.
    (d) Detailees.--
          (1) In general.--Any Federal Government employee may 
        be detailed to the National Commission without 
        reimbursement from the National Commission.
          (2) Exception.--Notwithstanding paragraph (1), no 
        employee of the Department may be detailed to the 
        National Commission.
          (3) Effect on detailee.--Any such detailee shall 
        retain the rights, status, and privileges of his or her 
        regular employment without interruption.
    (e) Consultants.--The National Commission may procure the 
services of experts and consultants in accordance with section 
3109 of title 5, United States Code.
    (f) Contracting.--The National Commission may, to the 
extent funds are available under this title or subsequent 
appropriation Acts, enter into contracts to enable the National 
Commission to discharge its duties under this title.
    (g) Information From Federal Agencies.--The National 
Commission may request any Federal agency, including the 
Nuclear Waste Technical Review Board, to furnish such 
information, advice, or assistance as it determines necessary 
to carry out its functions, and each such agency shall, to the 
extent permitted by law, furnish such information, advice, or 
assistance upon the request of the Chairman.
    (h) Assistance From the General Services Administration.--
The Administrator of General Services shall, upon the request 
of the Chairman, provide the National Commission with necessary 
administrative services, facilities, and support, on a 
reimbursable basis.
    (i) Postal Services.--The National Commission may use the 
United States mails in the same manner and under the same 
conditions as a Federal agency.

SEC. 606. REPORT.

    The National Commission shall submit to the President and 
Congress a final report containing the National Commission's 
findings, conclusions, and recommendations not later than 2 
years after the date of enactment of this Act.

SEC. 607. FUNDING.

    (a) Transfer of Funds.--Notwithstanding section 302(d), of 
the amounts authorized to be appropriated to the Secretary from 
the Waste Fund under the heading ``Nuclear Waste Disposal'' 
under title III of division C of the Omnibus Appropriations 
Act, 2009 (Public Law 111-8; 123 Stat. 618), $3,000,000 shall 
be transferred to the National Commission for purposes of 
carrying out this title.
    (b) Duration of Availability.--Except as provided in 
section 608(b), amounts made available to the National 
Commission under subsection (a) shall remain available until 
expended or the termination of the National Commission.

SEC. 608. TERMINATION.

    (a) In General.--The National Commission, and all 
authorities under this title, shall terminate 60 days after the 
date on which the final report is submitted under section 606.
    (b) Unexpended Funds.--Any funds made available to the 
National Commission under section 607 that are not expended by 
the National Commission by the date on which the National 
Commission is terminated under subsection (a) shall be 
deposited in the general fund of the Treasury.

           FEDERAL OIL AND GAS ROYALTY MANAGEMENT ACT OF 1982


        Public Law 97-451, Approved January 12, 1983, as Amended


 AN ACT To ensure that all oil and gas originated on the public lands 
and on the Outer Continental Shelf are properly accounted for under the 
   direction of the Secretary of the Interior, and for other purposes

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    This Act may be cited as the ``Federal Oil and Gas Royalty 
Management Act of 1982''.

TABLE OF CONTENTS

           *       *       *       *       *       *       *



                      TITLE III--GENERAL PROVISIONS

Sec. 301. Secretarial authority.
Sec. 302. Reports.
Sec. 303. Study of other minerals.
Sec. 304. Relation to other laws.
Sec. 305. Effective date.
Sec. 306. Funding.
Sec. 307. Statute of limitations.
Sec. 308. Expanded royalty obligations.
Sec. 309. Severability.
Sec. 310. Minerals Management Service.
     * * * * * * *

TITLE III--GENERAL PROVISIONS

           *       *       *       *       *       *       *



SEC. 309. SEVERABILITY.

    If any provision of this Act or the applicability thereof 
to any person or circumstances is held invalid, the remainder 
of this Act and the application of such provision to other 
persons or circumstances shall not be affected thereby.

SEC. 310. MINERALS MANAGEMENT SERVICE.

    (a) Director.--Any Director of the Minerals Management 
Service shall be appointed by the President, by and with the 
advice and consent of the Senate.
    (b) Discretion.--Nothing in this section affects the 
discretion granted to the Secretary by Reorganization Plan No. 
3 of 1950 (43 U.S.C. 1451 note; 64 Stat. 1262; 85 Stat. 76).

           *       *       *       *       *       *       *


     DEPARTMENT OF ENERGY SCIENCE EDUCATION PROGRAM ENHANCEMENT ACT


       Public Law 101-510, Approved November 5, 1990, as Amended


 AN ACT To authorize appropriations for fiscal year 1991 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
                             other purposes

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense 
Authorization Act for Fiscal Year 1991''.

           *       *       *       *       *       *       *


           DIVISION C--OTHER NATIONAL DEFENSE AUTHORIZATIONS


TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

           *       *       *       *       *       *       *



PART E--DEPARTMENT OF ENERGY SCIENCE EDUCATION PROGRAMS

           *       *       *       *       *       *       *



SEC. 3164. SCIENCE EDUCATION PROGRAMS

    (a) Programs.--The Secretary is authorized to establish 
programs to enhance the quality of mathematics, science, and 
engineering education. Any such programs shall be operated at 
or through the support of Department research and development 
facilities, shall use the scientific resources of the 
Department, and shall be consistent with the overall Federal 
plan for education and human resources in science and 
technology developed by the Federal Coordinating Council for 
Science, Engineering, and Technology.
    (b) Organization of Science, Engineering, and Mathematics 
Education Programs.--
          (1) Director of science, engineering, and mathematics 
        education.--Notwithstanding any other provision of law, 
        the Secretary, acting through the Under Secretary for 
        Science (referred to in this subsection as the ``Under 
        Secretary''), shall appoint a Director of Science, 
        Engineering, and Mathematics Education (referred to in 
        this subsection as the ``Director'') with the principal 
        responsibility for administering science, engineering, 
        and mathematics education programs across all functions 
        of the Department.
          (2) Qualifications.--The Director shall be an 
        individual, who by reason of professional background 
        and experience, is specially qualified to advise the 
        Under Secretary on all matters pertaining to science, 
        engineering, and mathematics education at the 
        Department.
          (3) Duties.--The Director shall--
                  (A) oversee all science, engineering, and 
                mathematics education programs of the 
                Department;
                  (B) represent the Department as the principal 
                interagency liaison for all science, 
                engineering, and mathematics education 
                programs, unless otherwise represented by the 
                Secretary or the Under Secretary;
                  (C) prepare the annual budget and advise the 
                Under Secretary on all budgetary issues for 
                science, engineering, and mathematics education 
                programs of the Department;
                  (D) increase, to the maximum extent 
                practicable, the participation and advancement 
                of women and underrepresented minorities at 
                every level of science, technology, 
                engineering, and mathematics education; and
                  (E) perform other such matters relating to 
                science, engineering, and mathematics education 
                as are required by the Secretary or the Under 
                Secretary.
          (4) Staff and other resources.--The Secretary shall 
        assign to the Director such personnel and other 
        resources as the Secretary considers necessary to 
        permit the Director to carry out the duties of the 
        Director.
          (5) Assessment.--
                  (A) In general.--The Secretary shall offer to 
                enter into a contract with the National Academy 
                of Sciences under which the National Academy, 
                not later than 5 years after, and not later 
                than 10 years after, the date of enactment of 
                this paragraph, shall assess the performance of 
                the science, engineering, and mathematics 
                education programs of the Department.
                  (B) Considerations.--An assessment under this 
                paragraph shall be conducted taking into 
                consideration, where applicable, the effect of 
                science, engineering, and mathematics education 
                programs of the Department on student academic 
                achievement in science and mathematics.
          (6) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are 
        necessary to carry out this subsection.
    (c) Energy Career Academies.--The Director of Science, 
Engineering, and Mathematics Education shall disseminate best 
practices for career pathway programs at public secondary 
schools that--
          (1) prepare students for careers in the energy 
        technology industry (as defined in section 1101 of the 
        Energy Policy Act of 2005 (42 U.S.C. 16411); and
          (2) provide sufficient training to allow academy 
        graduates to secure entry-level employment or 
        apprenticeships in the energy technology industry.
    [(c)] (d) Relationship to Other Department Activities.--The 
programs described in subsection (a) shall supplement and be 
coordinated with current activities of the Department, but 
shall not supplant them.
    [(d)] (e) Science, Engineering, and Mathematics Education 
Fund.--The Secretary shall establish a Science, Engineering, 
and Mathematics Education Fund, using not less than 0.3 percent 
of the amount made available to the Department for research, 
development, demonstration, and commercial application for each 
fiscal year, to carry out sections 3165, 3166, and 3167 [42 
USCS 7381b, 7381c, 7381c-1].
    [(e)] (f) Annual Plan for Allocation of Education 
Funding.--The Secretary shall submit to Congress as part of the 
annual budget submission for a fiscal year a report describing 
the manner in which the Department has complied with subsection 
(d) for the prior fiscal year and the manner in which the 
Department proposes to comply with subsection (d) during the 
following fiscal year, including--
          (1) the total amount of funding for research, 
        development, demonstration, and commercial application 
        activities for the corresponding fiscal year;
          (2) the amounts set aside for the Science, 
        Engineering, and Mathematics Education Fund under 
        subsection (d) from funding for research activities, 
        development activities, demonstration activities, and 
        commercial application activities for the corresponding 
        fiscal year; and
          (3) a description of how the funds set aside under 
        subsection (d) were allocated for the prior fiscal year 
        and will be allocated for the following fiscal year.
    [(f)] (g) Programs for Students From Under-Represented 
Groups.--In carrying out a program under subsection (a), the 
Secretary shall give priority to activities that are designed 
to encourage students from under-represented groups to pursue 
scientific and technical careers.

           *       *       *       *       *       *       *


SEC. 3168. ENERGY CAREER ACADEMIES.

    (a) Purpose.--The purpose of this section is to establish a 
program of grants to State educational agencies to help local 
educational agencies create or expand energy career academies.
    (b) Definitions.--In this section:
          (1) Community college.--The term ``community 
        college'' means--
                  (A) a junior or community college (as defined 
                in section 312(f) of the Higher Education Act 
                of 1965 (20 U.S.C. 1058(f))); and
                  (B) an institution of higher education at 
                which more than 35 percent of all degrees are 
                awarded at the 2-year level or below.
          (2) Director.--The term ``Director'' means the 
        Director of Science, Engineering, and Mathematics 
        Education.
          (3) Energy career academy.--The term ``energy career 
        academy'' means a public secondary school that meets 
        the best practices determined by the Director under 
        section 3164(c).
          (4) Local educational agency.--The term ``local 
        educational agency'' has the meaning given the term in 
        section 9101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).
          (5) Secondary school.--The term ``secondary school'' 
        has the meaning given the term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).
          (6) State educational agency.--The term ``State 
        educational agency'' has the meaning given the term in 
        section 9101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).
    (c) Grants.--From the amounts made available under 
subsection (h), the Secretary, acting through the Director and 
in consultation with the Secretary of Labor, shall award 
renewable 5-year grants to State educational agencies on a 
competitive basis, to provide assistance to local educational 
agencies for the costs of establishing or expanding energy 
career academies.
    (d) Federal and Non-federal Shares.--
          (1) Federal share.--The Federal share of the costs 
        described in subsection (c) shall not exceed 33 
        percent.
          (2) Non-federal share.--The non-Federal share of the 
        costs described in subsection (c) shall be--
                  (A) not less than 67 percent; and
                  (B) provided from non-Federal sources, in 
                cash or in kind, fairly evaluated, including 
                services.
          (3) Maintenance of effort.--A State educational 
        agency shall provide assurances to the Secretary that 
        funds provided to the State under this section will be 
        used only to supplement, not to supplant, the amount of 
        Federal, State, and local funds otherwise expended for 
        activities covered by this section in the State.
    (e) Application.--To be eligible to receive a grant under 
this section, a State educational agency shall submit to the 
Director an application at such time, in such manner, and 
containing such information as the Director may require that 
describes--
          (1) the process by which, and selection criteria with 
        which, the State educational agency will select and 
        designate a public secondary school to host the 
        proposed energy career academy;
          (2) how the State educational agency will ensure that 
        funds made available under this section are used to 
        establish or expand an energy career academy;
          (3) how the State educational agency will use 
        technical assistance and support from the Department, 
        industry partners, community colleges, and other 
        entities with experience and expertise in energy 
        workforce training;
          (4) the curricula and materials to be used in the 
        energy career academy;
          (5) the availability of funds from non-Federal 
        sources for the costs of the activities authorized 
        under this section; and
          (6) a plan to sustain the program without Federal 
        funding.
    (f) Distribution.--In awarding grants under this section, 
the Director shall ensure a wide, equitable distribution of 
grants among regions of the United States.
    (g) Evaluation and Report.--
          (1) Evaluation.--Each State educational agency that 
        receives a grant under this section shall develop and 
        carry out an evaluation and accountability plan for the 
        activities funded through the grant that measures the 
        impact of the activities, including measurable 
        objectives for student academic achievement, and job 
        placement statistics for academy graduates.
          (2) Report to director.--The State educational agency 
        shall submit to the Director a report describing the 
        results of the evaluation and accountability plan.
          (3) Report to congress.--Not later than 2 years after 
        the date of enactment of the American Clean Energy 
        Leadership Act of 2009, the Director shall submit a 
        report describing the impact of the activities assisted 
        with funds made available under this section to--
                  (A) the Committee on Science and Technology 
                of the House of Representatives;
                  (B) the Committee on Energy and Commerce of 
                the House of Representatives;
                  (C) the Committee on Education and Labor of 
                the House of Representatives;
                  (D) the Committee on Energy and Natural 
                Resources of the Senate; and
                  (E) the Committee on Health, Education, 
                Labor, and Pensions of the Senate.
    (h) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--
          (1) $14,000,000 for fiscal year 2009;
          (2) $22,500,000 for fiscal year 2010; and
          (3) $30,000,000 for fiscal year 2011.

[SEC. 3168.] SEC. 3169. DEFINITIONS.

    In this part:
          (1) The term ``Secretary'' means the Secretary of 
        Energy.
          (2) The term ``Department'' means the Department of 
        Energy.
          (3) The term ``Department research and development 
        facilities'' means all Department of Energy single-
        purpose and multi-purpose National Laboratories and 
        research and development facilities and programs, and 
        any other facility or program operated by a contractor 
        funded from the Office of Energy Research of the 
        Department of Energy.
          (4) The term ``local educational agency'' has the 
        meaning given that term by section 1471(12) of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 2891(12)).

[SEC. 3169.] SEC. 3170. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary 
for carrying out university research support and other science, 
mathematics, and engineering education programs authorized by 
this part and administered by the Office of Energy Research of 
the Department of Energy, $40,000,000 for fiscal year 1991.

          METHANE HDYRATE RESEARCH AND DEVELOPMENT ACT OF 2000


          Public Law 106-193, Approved May 2, 2000, as Amended


AN ACT To promote the research, identification, assessment, exploration 
  and development of methane hydrate resources, and for other purposes

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Methane Hydrate Research and 
Development Act of 2000''.

SEC. 2. FINDINGS.

    Congress finds that--
          (1) in order to promote energy independence and meet 
        the increasing demand for energy, the United States 
        will require a diversified portfolio of substantially 
        increased quantities of electricity, natural gas, and 
        transportation fuels;
          (2) according to the report submitted to Congress by 
        the National Research Council entitled Charting the 
        Future of Methane Hydrate Research in the United 
        States, the total United States resources of gas 
        hydrates have been estimated to be on the order of 
        200,000 trillion cubic feet;
          (3) according to the report of the National 
        Commission on Energy Policy entitled Ending the Energy 
        Stalemate--A Bipartisan Strategy to Meet America's 
        Energy Challenge, and dated December 2004, the United 
        States may be endowed with over one-fourth of the 
        methane hydrate deposits in the world;
          (4) according to the Energy Information 
        Administration, a shortfall in natural gas supply from 
        conventional and unconventional sources is expected to 
        occur in or about 2020; [and]
          (5) the National Academy of Sciences states that 
        methane hydrate may have the potential to alleviate the 
        projected shortfall in the natural gas supply[.];
          (6) methane is a powerful greenhouse gas that may be 
        exchanged between terrestrial methane hydrate 
        reservoirs and the atmosphere by natural or 
        anthropogenic processes; and
          (7) the short- and long-term release of methane from 
        arctic or marine reservoirs may have significant 
        environmental effects, including global climate change.

           *       *       *       *       *       *       *


SEC. 4. METHANE HYDRATE RESEARCH AND DEVELOPMENT PROGRAM.

    (a) In General.--

           *       *       *       *       *       *       *

    [(b) Grants, Contracts, Cooperative Agreements, Interagency 
Funds Transfer Agreements, and Field Work Proposals.--
          [(1) Assistance and coordination.--In carrying out 
        the program of methane hydrate research and development 
        authorized by this section, the Secretary may award 
        grants to, or enter into contracts or cooperative 
        agreements with, institutions of higher education, 
        oceanographic institutions, and industrial enterprises 
        to--
                  [(A) conduct basic and applied research to 
                identify, explore, assess, and develop methane 
                hydrate as a commercially viable source of 
                energy;
                  [(B) identify methane hydrate resources 
                through remote sensing;
                  [(C) acquire and reprocess seismic data 
                suitable for characterizing methane hydrate 
                accumulations;
                  [(D) assist in developing technologies 
                required for efficient and environmentally 
                sound development of methane hydrate resources;
                  [(E) promote education and training in 
                methane hydrate resource research and resource 
                development through fellowships or other means 
                for graduate education and training;
                  [(F) conduct basic and applied research to 
                assess and mitigate the environmental impact of 
                hydrate degassing (including both natural 
                degassing and degassing associated with 
                commercial development);
                  [(G) develop technologies to reduce the risks 
                of drilling through methane hydrates; and
                  [(H) conduct exploratory drilling, well 
                testing, and production testing operations on 
                permafrost and nonpermafrost gas hydrates in 
                support of the activities authorized by this 
                paragraph, including drilling of one or more 
                full-scale production test wells.
          [(2) Competitive peer review.--Funds made available 
        under paragraph (1) shall be made available based on a 
        competitive process using external scientific peer 
        review of proposed research.]
    (b) Grants, Contracts, Cooperative Agreements, Interagency 
Funds Transfer Agreements, and Field Work Proposals.--
          (1) Assistance and coordination.--In carrying out the 
        program of methane hydrate research and development 
        authorized by this section, the Secretary may award 
        grants to, or enter into contracts or cooperative 
        agreements with, institutions that--
                  (A) conduct basic and applied research to 
                identify, explore, assess, and develop methane 
                hydrate as a commercially viable source of 
                energy;
                  (B) identify and characterize methane hydrate 
                resources using remote sensing and seismic 
                data;
                  (C) develop technologies required for 
                efficient and environmentally sound development 
                of methane hydrate resources;
                  (D) conduct basic and applied research to 
                assess and mitigate the environmental impact of 
                hydrate degassing (including natural degassing 
                and degassing associated with commercial 
                development);
                  (E) develop technologies to reduce the risks 
                of drilling through methane hydrates;
                  (F) conduct exploratory drilling, well 
                testing, and production testing operations on 
                permafrost and nonpermafrost gas hydrates in 
                support of the activities authorized by this 
                paragraph, including drilling of 3 or more 
                full-scale production test wells; or
                  (G) expand education and training programs in 
                methane hydrate resource research and resource 
                development through fellowships or other means 
                for graduate education and training.
          (2) Environmental monitoring.--The Secretary shall 
        conduct a long-term environmental monitoring program to 
        study the effects of production from methane hydrate 
        reservoirs.
          (3) Competitive peer review.--Funds made available 
        under paragraphs (1) and (2) shall be made available 
        based on a competitive process using external 
        scientific peer review of proposed research.

           *       *       *       *       *       *       *

    (e) Responsibilities of the Secretary.--In carrying out 
[subsection (b)(1)] paragraphs (1) and (2) of subsection (b), 
the Secretary shall--
          (1) facilitate and develop partnerships among 
        government, industrial enterprises, and institutions of 
        higher education to research, identify, assess, and 
        explore methane hydrate resources;
          (2) undertake programs to develop basic information 
        necessary for promoting long-term interest in methane 
        hydrate resources as an energy source;
          (3) ensure that the data and information developed 
        through the program are accessible and widely 
        disseminated as needed and appropriate;
          (4) promote cooperation among agencies that are 
        developing technologies that may hold promise for 
        methane hydrate resource development;
          (5) report annually to Congress on the results of 
        actions taken to carry out this Act; and
          (6) ensure, to the maximum extent practicable, 
        greater participation by the Department of Energy in 
        international cooperative efforts.

[SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated to the Secretary 
to carry out this Act, to remain available until expended--
          [(1) $15,000,000 for fiscal year 2006;
          [(2) $20,000,000 for fiscal year 2007;
          [(3) $30,000,000 for fiscal year 2008;
          [(4) $40,000,000 for fiscal year 2009; and
          [(5) $50,000,000 for fiscal year 2010.]

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary to 
carry out this Act, to remain available until expended--
          (1) for use in carrying out section 4(b)(1)--
                  (A) $60,000,000 for fiscal year 2011;
                  (B) $70,000,000 for fiscal year 2012;
                  (C) $80,000,000 for fiscal year 2013;
                  (D) $90,000,000 for fiscal year 2014; and
                  (E) $90,000,000 for fiscal year 2015; and
          (2) for use in carrying out section 4(b)(2), 
        $10,000,000 for each of fiscal years 2010 through 2015.

FLOYD D. SPENCE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001


             Public Law 106-398, Approved October 30, 2000


 AN ACT To authorize appropriations for fiscal year 2001 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
                             other purposes

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

SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION 
                    ACT.

    The provisions of H.R. 5408 of the 106th Congress, as 
introduced on October 6, 2000, are hereby enacted into law.

SEC. 2. PUBLICATION OF ACT.

    In publishing this Act in slip form and in the United 
States Statutes at Large pursuant to section 112 of title 1, 
United States Code, the Archivist of the United States shall 
include after the date of approval an appendix setting forth 
the text of the bill referred to in section 1.

                          APPENDIX--H.R. 5408


SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Floyd D. 
Spence National Defense Authorization Act for Fiscal Year 
2001''.

           *       *       *       *       *       *       *


 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
OTHER AUTHORIZATIONS

           *       *       *       *       *       *       *



Subtitle G--Other Matters

           *       *       *       *       *       *       *



[SEC. 3197. OFFICE OF ARCTIC ENERGY.

    [(a) Establishment.--The Secretary of Energy may establish 
within the Department of Energy an Office of Arctic Energy.
    [(b) Purposes.--The purposes of such office shall be as 
follows:
          [(1) To promote research, development, and deployment 
        of electric power technology that is cost-effective and 
        especially well suited to meet the needs of rural and 
        remote regions of the United States, especially where 
        permafrost is present or located nearby.
          [(2) To promote research, development, and deployment 
        in such regions of--
                  [(A) enhanced oil recovery technology, 
                including heavy oil recovery, reinjection of 
                carbon, and extended reach drilling 
                technologies;
                  [(B) gas-to-liquids technology and liquified 
                natural gas (including associated 
                transportation systems);
                  [(C) small hydroelectric facilities, river 
                turbines, and tidal power;
                  [(D) natural gas hydrates, coal bed methane, 
                and shallow bed natural gas; and
                  [(E) alternative energy, including wind, 
                geothermal, and fuel cells.
    [(c) Location.--The Secretary shall locate such office at a 
university with expertise and experience in the matters 
specified in subsection (b).]

           *       *       *       *       *       *       *


                    ALASKA NATURAL GAS PIPELINE ACT


             Public Law 108-324, Approved October 13, 2004


AN ACT Making appropriations for military construction, family housing, 
and base realignment and closure for the Department of Defense for the 
     fiscal year ending September 30, 2005, and for other purposes

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Construction 
Appropriations and Emergency Hurricane Supplemental 
Appropriations Act, 2005''.

           *       *       *       *       *       *       *


                DIVISION C--ALASKA NATURAL GAS PIPELINE


SEC. 101. SHORT TITLE.

    This division may be cited as the ``Alaska Natural Gas 
Pipeline Act''.

           *       *       *       *       *       *       *


SEC. 116. LOAN GUARANTEES.

    (a) Authority.--(1) The Secretary may enter into agreements 
with 1 or more holders of a certificate of public convenience 
and necessity issued under section 103(b) of this division or 
section 9 of the Alaska Natural Gas Transportation Act of 1976 
(15 U.S.C. 719g) or with an entity the Secretary determines is 
qualified to construct and operate a liquefied natural gas 
project to transport liquefied natural gas from Southcentral 
Alaska to West Coast States, to issue Federal guarantee 
instruments with respect to loans and other debt obligations 
for a qualified infrastructure project.
    (2) Subject to the requirements of this section, the 
Secretary may also enter into agreements with 1 or more owners 
of the Canadian portion of a qualified infrastructure project 
to issue Federal guarantee instruments with respect to loans 
and other debt obligations for a qualified infrastructure 
project as though such owner were a holder described in 
paragraph (1), except that the total amount of principal that 
may be guaranteed for a qualified liquefied natural gas project 
may not exceed a principal amount in which the cost of loan 
guarantees, as defined by section 502(5) of the Federal Credit 
Reform Act of 1990 (2 U.S.C. 661a(5)), exceeds $2,000,000,000.
    (3) The authority of the Secretary to issue Federal 
guarantee instruments under this section for a qualified 
infrastructure project shall expire on the date that is 2 years 
after the date on which the final certificate of public 
convenience and necessity (including any Canadian certificates 
of public convenience and necessity) is issued for the project, 
except that a holder of a certificate may request the Secretary 
to extend the period to issue Federal guarantee instruments for 
not more than 180 days following the date of resolution of any 
reopening, contest, or other proceeding relating to the 
certificate. A final certificate shall be considered to have 
been issued when all certificates of public convenience and 
necessity have been issued that are required for the initial 
transportation of commercially economic quantities of natural 
gas from Alaska to the continental United States, or connecting 
to pipeline infrastructure capable of delivering commercially 
economic quantities of natural gas to the continental United 
States.
    (b) Conditions.--(1) The Secretary may issue a Federal 
guarantee instrument for a qualified infrastructure project 
only after a certificate of public convenience and necessity 
under section 103(b) of this division or an amended certificate 
under section 9 of the Alaska Natural Gas Transportation Act of 
1976 (15 U.S.C. 719g) has been issued for the project, or after 
the Secretary certifies there exists a qualified entity to 
construct and operate a liquefied natural gas project to 
transport liquefied natural gas from Southcentral Alaska to 
West Coast States. In no case shall loan guarantees be issued 
for more than one qualified project.
    [(2) The Secretary may issue a Federal guarantee instrument 
under this section for a qualified infrastructure project only 
if the loan or other debt obligation guaranteed by the 
instrument has been issued by an eligible lender.]
    [(3)] (2) The Secretary shall not require as a condition of 
issuing a Federal guarantee instrument under this section any 
contractual commitment or other form of credit support of the 
sponsors (other than equity contribution commitments [and 
completion guarantees)], or any throughput or other guarantee 
from prospective shippers greater than such guarantees as shall 
be required by the project owners.
    [(4)] (3) Such loan guarantee may be utilized only by the 
project chosen by the Federal Energy Regulatory Commission as 
the qualified project.

           *       *       *       *       *       *       *

    (c) Limitations on Amounts.--

           *       *       *       *       *       *       *

          (2) The principal amount of loans and other debt 
        obligations guaranteed under this section shall not 
        exceed, in the aggregate,[$18,000,000,000] 
        $30,000,000,000, which amount shall be indexed for 
        United States dollar inflation from the date of 
        enactment of this Act, as measured by the Consumer 
        Price Index.
    (d) Loan Terms and Fees.--
          (1) The Secretary may issue Federal guarantee 
        instruments under this section that take into account 
        repayment profiles and grace periods justified by 
        project cash flows and project-specific considerations, 
        except that an issued loan guarantee instrument shall 
        apply to not less than 80 percent of project costs 
        unless by previous consent of the borrower. The term of 
        any loan guaranteed under this section shall not exceed 
        30 years.
          (2) [An eligible] A lender may assess and collect 
        from the borrower such other fees and costs associated 
        with the application and origination of the loan or 
        other debt obligation as are reasonable and customary 
        for a project finance transaction in the oil and gas 
        sector.

           *       *       *       *       *       *       *

    (g) Definitions.--In this section:
          (1) Consumer price index.--The term ``Consumer Price 
        Index'' means the Consumer Price Index for all-urban 
        consumers, United States city average, as published by 
        the Bureau of Labor Statistics, or if such index shall 
        cease to be published, any successor index or 
        reasonable substitute thereof.
          [(2) Eligible lender.--The term ``eligible lender'' 
        means any non-Federal qualified institutional buyer (as 
        defined by section 230.144A(a) of title 17, Code of 
        Federal Regulations (or any successor regulation), 
        known as Rule 144A(a) of the Securities and Exchange 
        Commission and issued under the Securities Act of 
        1933), including--
                  [(A) a qualified retirement plan (as defined 
                in section 4974(c) of the Internal Revenue Code 
                of 1986 (26 U.S.C. 4974(c)) that is a qualified 
                institutional buyer; and
                  [(B) a governmental plan (as defined in 
                section 414(d) of the Internal Revenue Code of 
                1986 (26 U.S.C. 414(d)) that is a qualified 
                institutional buyer.]
          [(3)] (2) Federal guarantee instrument.--The term 
        ``Federal guarantee instrument'' means any guarantee or 
        other pledge by the Secretary to pledge the full faith 
        and credit of the United States to pay all of the 
        principal and interest on any loan or other debt 
        obligation entered into by a holder of a certificate of 
        public convenience and necessity under subsection 
        (a)(3), including direct lending from the Federal 
        Financing Bank of all or a part of the amount to the 
        holder, in lieu of a guarantee.
          [(4)] (3) Qualified infrastructure project.--The term 
        ``qualified infrastructure project'' means an Alaskan 
        natural gas transportation project or system consisting 
        of the design, engineering, finance, construction, and 
        completion of pipelines and related transportation and 
        production systems (including gas treatment plants, 
        liquification plants, and liquefied natural gas tankers 
        for transportation of liquefied natural gas from 
        Southcentral Alaska to the West Coast), and 
        appurtenances thereto, that are used to transport 
        natural gas from the Alaska North Slope to the 
        continental United States.

                       ENERGY POLICY ACT OF 2005 


         Public Law 109-58, Approved August 8, 2005, as Amended


   AN ACT To ensure jobs for our future with secure, affordable, and 
                            reliable energy

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the Energy 
Policy Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act 
is as follows:

           *       *       *       *       *       *       *


SEC. 2. DEFINITIONS.

    Except as otherwise provided, in this Act:

           *       *       *       *       *       *       *

          (3) National laboratory.--The term ``National 
        Laboratory'' means any of the following laboratories 
        owned by the Department:

           *       *       *       *       *       *       *

                  (O) Savannah River National Laboratory.
                  [(P) Stanford Linear Accelerator Center.]
                  (P) SLAC National Accelerator Laboratory.
                  (Q) Thomas Jefferson National Accelerator 
                Facility.

           *       *       *       *       *       *       *


                       TITLE II--RENEWABLE ENERGY


                     Subtitle A--General Provisions


SEC. 201. ASSESSMENT OF RENEWABLE ENERGY RESOURCES.

           *       *       *       *       *       *       *


    (b) Contents of Reports.--Not later than 1 year after the 
date of enactment of this Act, and each year thereafter, the 
Secretary shall publish a report based on the assessment under 
subsection (a). The report shall contain--
          (1) a detailed inventory describing the available 
        amount and characteristics of the renewable energy 
        resources[; and];
          (2) with respect to biomass energy resources, 
        consideration of--
                  (A) the quantity of biomass needed for 
                thermal applications, biofuels, and biomass-
                based electricity;
                  (B) the highest efficiency energy use of 
                biomass resources; and
                  (C) the requirements and costs associated 
                with deployment of biomass energy resources for 
                each application described in subparagraph (A);
          (3) estimates of the market penetration for each 
        renewable energy resource that could be accomplished by 
        January 1, 2030, by investigating multiple alternative 
        scenarios, including--
                  (A) estimates with respect to each renewable 
                energy resource;
                  (B) an analysis of the potential of all 
                renewable energy resources; and
                  (C) potential impacts associated with the 
                development of each resource and all renewable 
                energy resources in combination; and
          [(2)] (4) such other information as the Secretary 
        believes would be useful in developing such renewable 
        energy resources, including descriptions of surrounding 
        terrain, population and load centers, nearby energy 
        infrastructure, location of energy and water resources, 
        and available estimates of the costs needed to develop 
        each resource, together with an identification of any 
        barriers to providing adequate transmission for remote 
        sources of renewable energy resources to current and 
        emerging markets, recommendations for removing or 
        addressing such barriers, and ways to provide access to 
        the grid that do not unfairly disadvantage renewable or 
        other energy producers.

           *       *       *       *       *       *       *


SEC. 203. FEDERAL PURCHASE REQUIREMENT.

    (a) Requirement.--The President, acting through the 
Secretary, shall seek to ensure that, to the extent 
economically feasible and technically practicable, of the total 
amount of [electric] energy the Federal Government consumes 
during any fiscal year, the following amounts shall be 
renewable energy:

           *       *       *       *       *       *       *

    [(b) Definitions.--In this section:
          [(1) Biomass.--The term ``biomass'' means any lignin 
        waste material that is segregated from other waste 
        materials and is determined to be nonhazardous by the 
        Administrator of the Environmental Protection Agency 
        and any solid, nonhazardous, cellulosic material that 
        is derived from--
                  [(A) any of the following forest-related 
                resources: mill residues, precommercial 
                thinnings, slash, and brush, or nonmerchantable 
                material;
                  [(B) solid wood waste materials, including 
                waste pallets, crates, dunnage, manufacturing 
                and construction wood wastes (other than 
                pressure-treated, chemically-treated, or 
                painted wood wastes), and landscape or right-
                of-way tree trimmings, but not including 
                municipal solid waste (garbage), gas derived 
                from the biodegradation of solid waste, or 
                paper that is commonly recycled;
                  [(C) agriculture wastes, including orchard 
                tree crops, vineyard, grain, legumes, sugar, 
                and other crop by-products or residues, and 
                livestock waste nutrients; or
                  [(D) a plant that is grown exclusively as a 
                fuel for the production of electricity.
          [(2) Renewable energy.--The term ``renewable energy'' 
        means electric energy generated from solar, wind, 
        biomass, landfill gas, ocean (including tidal, wave, 
        current, and thermal), geothermal, municipal solid 
        waste, or new hydroelectric generation capacity 
        achieved from increased efficiency or additions of new 
        capacity at an existing hydroelectric project.]
    (b) Definitions.--In this section:
          (1) Biomass.--The term ``biomass'' means the 
        following types of nonhazardous organic materials:
                  (A) Residues and byproducts from milled logs.
                  (B) Wood, paper products that are not 
                commonly recyclable, and vegetation (including 
                trees and trimmings, yard waste, pallets, 
                railroad ties, crates, and solid-wood 
                manufacturing and construction debris), if 
                diverted from or separated from other waste out 
                of a municipal waste stream.
                  (C) Hazard trees, trimmings, and brush that 
                are necessary to remove in order to maintain a 
                utility right-of-way or a public road (not 
                including any unpaved road within Federal 
                land).
                  (D) Trees, trimmings, and brush harvested 
                from the immediate vicinity of any building, 
                campground, or other structure in wildfire-
                prone areas to reduce the risk to the structure 
                or campground or to human life from wildfires.
                  (E) Invasive species (as defined in Executive 
                Order 13112 (42 U.S.C. 4321 note; relating to 
                invasive species)) removed to control or 
                eradicate the invasive species.
                  (F) Animal waste and animal byproducts 
                (including biogas and any solid produced by 
                micro-organisms).
                  (G) Food waste.
                  (H) Algae.
                  (I) Slash, brush, trees, and other vegetation 
                that is harvested from non-Federal land or 
                Indian land
                          (i) that is, at the time of harvest--
                                  (I) naturally regenerated 
                                forest land;
                                  (II) forest land that was 
                                planted for the purpose of 
                                restoring land to a naturally 
                                regenerated forest; or
                                  (III) if harvested in 
                                quantities and through 
                                practices that maintain or 
                                contribute toward the 
                                restoration of the species, 
                                ecological systems, and 
                                ecological communities for 
                                which the conservation forest 
                                land was identified, 
                                conservation forest land; or
                          (ii) that is--
                                  (I) at the time of harvest, 
                                planted forest land; and
                                  (II) on the date of enactment 
                                of this section, cropland 
                                (including fallow land), 
                                pastureland, or planted forest 
                                land.
                  (J) Crops, crop byproducts, and crop residues 
                from non-Federal land or Indian land that is
                          (i) at the time of harvest, not 
                        forest land; and
                          (ii) on the date of enactment of this 
                        section--
                                  (I) cropland (including 
                                fallow land and not including 
                                planted forest land); or
                                  (II) pastureland.
                  (K) If harvested from Federal land in 
                accordance with applicable law and land 
                management plans and in quantities and through 
                practices that maintain or contribute toward 
                the restoration of ecological sustainability--
                          (i) slash; and
                          (ii) brush and trees that are 
                        byproducts of ecological restoration, 
                        disease or insect infestation control, 
                        or hazardous fuels reduction treatments 
                        and--
                                  (I) are from stands that--
                                          (aa) were killed by 
                                        an insect or disease 
                                        epidemic or a natural 
                                        disaster; and
                                          (bb) do not meet the 
                                        utilization standards 
                                        for sawtimber; or
                                  (II) do not exceed the 
                                minimum size standards for 
                                sawtimber.
        (2) Conservation forest land.--
                  (A) In general.--The term ``conservation 
                forest land'' means forest land that contains a 
                species, or includes all or part of an 
                ecological system or community, that is at risk 
                of extinction or elimination within a State or 
                globally.
                  (B) Identification.--Conservation forest land 
                shall be identified based on the best available 
                science and data by any of--
                          (i) the State in which the land is 
                        located, unless the land is under the 
                        jurisdiction of an Indian tribe;
                          (ii) an Indian tribe with 
                        jurisdiction over the land; or
                          (iii) in consultation with the State 
                        in which the land is located or the 
                        Indian tribe with jurisdiction over the 
                        land--
                                  (I) the Secretary of 
                                Agriculture; or
                                  (II) the Secretary of the 
                                Interior.
                  (C) Exceptions.--A tract of conservation 
                forest land may not be removed from 
                conservation forest land status under this 
                section as a result of land management 
                practices on the tract that--
                          (i) occurred on or after the date of 
                        enactment of this subparagraph; and
                          (ii) contributed toward the 
                        elimination of the species, or all or 
                        part of an ecological system or 
                        ecological community, for which the 
                        land was identified as conservation 
                        forest land.
          (3) Federal land.--
                  (A) In general.--The term ``Federal land'' 
                means--
                          (i) National Forest System land; and
                          (ii) public lands (as defined in 
                        section 103 of the Federal Land Policy 
                        and Management Act of 1976 (43 U.S.C. 
                        1702)).
                  (B) Exclusions.--
                          (i) In general.--The term ``Federal 
                        land'' does not include--
                                  (I) any area designated by 
                                Congress to be administered for 
                                conservation purposes; or
                                  (II) a National Monument 
                                proclaimed by the President.
                          (ii) Old growth or late successional 
                        forest stands.--The term ``Federal 
                        land'' does not include an old growth 
                        or late successional forest stand 
                        unless biomass from the stand does not 
                        exceed the minimum size standards for 
                        sawtimber and is a byproduct of an 
                        ecological restoration treatment that 
                        fully maintains, or contributes toward 
                        the restoration of, the structure and 
                        composition of an old growth forest 
                        stand in accordance with the old growth 
                        conditions characteristic of the forest 
                        type and retains the large trees 
                        contributing to old growth structure.
          (4) Indian land.--The term ``Indian land'' has the 
        meaning given the term ``Indian country'' in section 
        1151 of title 18, United States Code.
          (5) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        450b).
          (6) Non-federal land.--The term ``non-Federal land'' 
        means land that is not owned by the Federal Government.
          (7) Renewable energy.--The term ``renewable energy'' 
        means energy generated from solar, wind, biomass, 
        landfill gas, ocean (including tidal, wave, current, 
        and thermal), geothermal, municipal solid waste, or new 
        hydroelectric generation capacity achieved from 
        increased efficiency or additions of new capacity at an 
        existing hydroelectric project.
          (8) Secretary concerned.--The term ``Secretary 
        concerned'' means--
                  (A) the Secretary of Agriculture, with regard 
                to
                          (i) National Forest System land; and
                          (ii) except as provided by 
                        subparagraph (B), non-Federal land; and
                  (B) the Secretary of the Interior, with 
                regard to
                          (i) public lands (as defined in 
                        section 103 of the Federal Land Policy 
                        and Management Act of 1976 (43 U.S.C. 
                        1702)); and
                          (ii) Indian land.
    (c) Calculation.--For purposes of determining compliance 
with the requirement of this section, the amount of renewable 
energy shall be doubled if--
          (1) the renewable energy is produced and used on-site 
        at a Federal facility;
          (2) the renewable energy is produced on Federal lands 
        and used at a Federal facility; or
          (3) the renewable energy is produced on Indian land 
        as defined in title XXVI of the Energy Policy Act of 
        1992 (25 U.S.C. 3501 et seq.) and used at a Federal 
        facility.
    (d) Separate Calculation.--Renewable energy produced at a 
Federal facility, on Federal land, or on Indian land (as 
defined in section 2601 of the Energy Policy Act of 1992 (25 
U.S.C. 3501))--
          (1) shall be calculated separately from renewable 
        energy used; and
          (2) may be used individually or in combination to 
        comply with subsection (a).
    (e) Biomass Harvesting and Sustainability.--
          (1) In general.--The Secretaries concerned shall 
        administer the provisions covered by subsection (b)(1) 
        relating to the harvesting of biomass from Federal land 
        and forest land.--
          (2) Inter-agency biomass sustainability study.--
                  (A) In general.--The Secretary, in 
                consultation with the Secretary of Agriculture, 
                the Secretary of the Interior, and the 
                Administrator of the Environmental Protection 
                Agency, shall conduct a study that assesses the 
                impacts of biomass harvesting for energy 
                production on--
                          (i) landscape-level water quality, 
                        soil productivity, wildlife habitat, 
                        and biodiversity; and
                          (ii) conservation forest land.
                  (B) Timing.--The Secretary shall--
                          (i) complete the study required under 
                        this paragraph not later than 5 years 
                        after the date of enactment of this 
                        subsection; and
                          (ii) update the study not later than 
                        every 5 years thereafter.
                  (C) Basis.--The Secretary shall base the 
                study on the best available data and science.
                  (D) Recommendations.--The Secretary shall 
                include in the study such recommendations as 
                are appropriate to reduce the impacts described 
                in subparagraph (A).
                  (E) Public participation and availability.--
                In carrying out this paragraph, the Secretary 
                shall--
                          (i) consult with States, Indian 
                        tribes, and other interested 
                        stakeholders;
                          (ii) make available, and seek public 
                        comment on, a draft version of the 
                        study results; and
                          (iii) make the final study results 
                        available to the public.
    [(d)] (f) Report.--Not later than April 15, 2007, and every 
2 years thereafter, the Secretary shall provide a report to 
Congress on the progress of the Federal Government in meeting 
the goals established by this section.
    (g) Contract Period.--
          (1) In general.--Notwithstanding section 501(b)(1)(B) 
        of title 40, United States Code, a contract entered 
        into by a Federal agency to acquire renewable energy 
        may be made for a period of not more than 30 years.
          (2) Technical assistance.--The Secretary shall 
        provide technical assistance to Federal agencies to 
        enter into contracts under this subsection.
          (3) Standardized renewable energy purchase 
        agreement.--Not later than 90 days after the date of 
        enactment of this subsection, the Secretary, acting 
        through the Federal Energy Management Program, shall 
        publish a standardized renewable energy purchase 
        agreement setting forth commercial terms and conditions 
        that can be used by Federal agencies to acquire 
        renewable energy.

           *       *       *       *       *       *       *


Subtitle B--Geothermal Energy

           *       *       *       *       *       *       *



SEC. 234. DEPOSIT AND USE OF GEOTHERMAL LEASE REVENUES FOR 5 FISCAL 
                    YEARS.

    (a) Deposit of Geothermal Resources Leases.--
Notwithstanding any other provision of law, amounts received by 
the United States [in the first 5 fiscal years beginning after 
the date of enactment of this Act] for each of fiscal year 
through fiscal year 2020 as rentals, royalties, and other 
payments required under leases under the Geothermal Steam Act 
of 1970, excluding funds required to be paid to State and 
county governments, shall be deposited into a separate account 
in the Treasury.
    (b) Use of Deposits.--[Amounts]
          (1) In general.--Amounts deposited under subsection 
        (a) shall be available to the Secretary of the Interior 
        for expenditure, without further appropriation and 
        without fiscal year limitation, to implement the 
        Geothermal Steam Act of 1970 and this Act.
          (2) Authorization.--Effective for fiscal year 2011 
        and each fiscal year thereafter, amounts deposited 
        under subsection (a) shall be available to the 
        Secretary of the Interior for expenditure, subject to 
        appropriation and without fiscal year limitation, to 
        implement the Geothermal Steam Act of 1970 (30 U.S.C. 
        1001 et seq.) and this Act.

           *       *       *       *       *       *       *


Subtitle E--Production Incentives

           *       *       *       *       *       *       *



[SEC. 344. INCENTIVES FOR NATURAL GAS PRODUCTION FROM DEEP WELLS IN THE 
                    SHALLOW WATERS OF THE GULF OF MEXICO.

    [(a) Royalty Incentive Regulations for Ultra Deep Gas 
Wells.--
          [(1) In general.--Not later than 180 days after the 
        date of enactment of this Act, in addition to any other 
        regulations that may provide royalty incentives for 
        natural gas produced from deep wells on oil and gas 
        leases issued pursuant to the Outer Continental Shelf 
        Lands Act (43 U.S.C. 1331 et seq.), the Secretary shall 
        issue regulations granting royalty relief suspension 
        volumes of not less than 35 billion cubic feet with 
        respect to the production of natural gas from ultra 
        deep wells on leases issued in shallow waters less than 
        400 meters deep located in the Gulf of Mexico wholly 
        west of 87 degrees, 30 minutes west longitude. 
        Regulations issued under this subsection shall be 
        retroactive to the date that the notice of proposed 
        rulemaking is published in the Federal Register.
          [(2) Suspension volumes.--The Secretary may grant 
        suspension volumes of not less than 35 billion cubic 
        feet in any case in which--
                  [(A) the ultra deep well is a sidetrack; or
                  [(B) the lease has previously produced from 
                wells with a perforated interval the top of 
                which is at least 15,000 feet true vertical 
                depth below the datum at mean sea level.
          [(3) Definitions.--In this subsection:
                  [(A) Ultra deep well.--The term ``ultra deep 
                well'' means a well drilled with a perforated 
                interval, the top of which is at least 20,000 
                true vertical depth below the datum at mean sea 
                level.
                  [(B) Sidetrack.--
                          [(i) In general.--The term 
                        ``sidetrack'' means a well resulting 
                        from drilling an additional hole to a 
                        new objective bottom-hole location by 
                        leaving a previously drilled hole.
                          [(ii) Inclusion.--The term 
                        ``sidetrack'' includes--
                                  [(I) drilling a well from a 
                                platform slot reclaimed from a 
                                previously drilled well;
                                  [(II) re-entering and 
                                deepening a previously drilled 
                                well; and
                                  [(III) a bypass from a 
                                sidetrack, including drilling 
                                around material blocking a hole 
                                or drilling to straighten a 
                                crooked hole.
    [(b) Royalty Incentive Regulations for Deep Gas Wells.--Not 
later than 180 days after the date of enactment of this Act, in 
addition to any other regulations that may provide royalty 
incentives for natural gas produced from deep wells on oil and 
gas leases issued pursuant to the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331 et seq.), the Secretary shall issue 
regulations granting royalty relief suspension volumes with 
respect to production of natural gas from deep wells on leases 
issued in waters more than 200 meters but less than 400 meters 
deep located in the Gulf of Mexico wholly west of 87 degrees, 
30 minutes west longitude. The suspension volumes for deep 
wells within 200 to 400 meters of water depth shall be 
calculated using the same methodology used to calculate the 
suspension volumes for deep wells in the shallower waters of 
the Gulf of Mexico, and in no case shall the suspension volumes 
for deep wells within 200 to 400 meters of water depth be lower 
than those for deep wells in shallower waters. Regulations 
issued under this subsection shall be retroactive to the date 
that the notice of proposed rulemaking is published in the 
Federal Register.
    [(c) Limitations.--The Secretary may place limitations on 
the royalty relief granted under this section based on market 
price. The royalty relief granted under this section shall not 
apply to a lease for which deep water royalty relief is 
available.]

           *       *       *       *       *       *       *


[SEC. 345. ROYALTY RELIEF FOR DEEP WATER PRODUCTION.

    [(a) In General.--Subject to subsections (b) and (c), for 
each tract located in water depths of greater than 400 meters 
in the Western and Central Planning Area of the Gulf of Mexico 
(including the portion of the Eastern Planning Area of the Gulf 
of Mexico encompassing whole lease blocks lying west of 87 
degrees, 30 minutes West longitude), any oil or gas lease sale 
under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 
seq.) occurring during the 5-year period beginning on the date 
of enactment of this Act shall use the bidding system 
authorized under section 8(a)(1)(H) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1337(a)(1)(H)).
    [(b) Suspension of Royalties.--The suspension of royalties 
under subsection (a) shall be established at a volume of not 
less than--
          [(1) 5,000,000 barrels of oil equivalent for each 
        lease in water depths of 400 to 800 meters;
          [(2) 9,000,000 barrels of oil equivalent for each 
        lease in water depths of 800 to 1,600 meters;
          [(3) 12,000,000 barrels of oil equivalent for each 
        lease in water depths of 1,600 to 2,000 meters; and
          [(4) 16,000,000 barrels of oil equivalent for each 
        lease in water depths greater than 2,000 meters.
    [(c) Limitation.--The Secretary may place limitations on 
royalty relief granted under this section based on market 
price.]

           *       *       *       *       *       *       *


SEC. 351. PRESERVATION OF GEOLOGICAL AND GEOPHYSICAL DATA.

           *       *       *       *       *       *       *


    (k) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $30,000,000 for 
each of fiscal years 2006 through [2010] 2020.

           *       *       *       *       *       *       *


SEC. 357. COMPREHENSIVE INVENTORY OF OCS OIL AND NATURAL GAS RESOURCES.

    (a) In General.--[The Secretary shall conduct an inventory 
and analysis of oil and natural gas resources beneath all of 
the waters of the United States Outer Continental Shelf 
(``OCS'').] The Secretary shall conduct a seismic inventory of 
oil and natural gas, and prepare a summary (the latter prepared 
with the assistance of, and based on information provided by, 
the heads of appropriate Federal agencies) of the information 
obtained under paragraph (3), for the waters of the United 
States Outer Continental Shelf (referred to in this section as 
the ``OCS'') in the Atlantic Region, the Eastern Gulf of 
Mexico, and the Alaska Region. The inventory and analysis 
shall--
          (1) use available data on oil and gas resources in 
        areas offshore of Mexico and Canada that will provide 
        information on trends of oil and gas accumulation in 
        areas of the OCS;
          (2) use any available technology, except drilling, 
        but including [3-D] 2-D and 3-D seismic technology to 
        obtain accurate resource estimates; and
          [(3) analyze how resource estimates in OCS areas have 
        changed over time in regards to gathering geological 
        and geophysical data, initial exploration, or full 
        field development, including areas such as the 
        deepwater and subsalt areas in the Gulf of Mexico;
          [(4) estimate the effect that understated oil and gas 
        resource inventories have on domestic energy 
        investments; and
          [(5) identify and explain how legislative, 
        regulatory, and administrative programs or processes 
        restrict or impede the development of identified 
        resources and the extent that they affect domestic 
        supply, such as moratoria, lease terms and conditions, 
        operational stipulations and requirements, approval 
        delays by the Federal Government and coastal States, 
        and local zoning restrictions for onshore processing 
        facilities and pipeline landings.]
          (3) use existing inventories and mapping of marine 
        resources undertaken by the National Oceanographic and 
        Atmospheric Administration and with the assistance of 
        and based on information provided by the Department of 
        Defense and other Federal and State agencies possessing 
        relevant data, and use any available data regarding 
        alternative energy potential, navigation uses, 
        fisheries, aquaculture uses, recreational uses, 
        habitat, conservation, and military uses.
    [(b) Reports.--The Secretary shall submit a report to 
Congress on the inventory of estimates and the analysis of 
restrictions or impediments, together with any recommendations, 
within 6 months of the date of enactment of the section. The 
report shall be publicly available and updated at least every 5 
years.]
    (b) Implementation.--The Secretary shall carry out the 
inventory and analysis under subsection (a) in 3 phases, with 
priority given to all or part of applicable planning areas of 
the outer Continental Shelf--
          (1) estimated to have the greatest potential for 
        energy development in barrel of oil equivalent; and
          (2) outside of any leased area or area scheduled for 
        leasing prior to calendar year 2011 under any outer 
        Continental Shelf 5-year leasing program or amendment 
        to the program under section 18 of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1344).
    (c) Reports--
          (1) In general.--Not later than 90 days after the 
        date of enactment of this paragraph, the Secretary 
        shall submit to the Committee on Energy and Natural 
        Resources of the Senate and the Committee on Natural 
        Resources of the House of Representatives a report that 
        provides a plan for executing the seismic inventories 
        required under this section, including an estimate of 
        the costs to complete the seismic inventory by region 
        and environmental and permitting activities to 
        facilitate expeditious completion.
          (2) First phase.--Not later than 2 years after the 
        date of enactment of this paragraph, the Secretary 
        shall submit to Congress a report describing the 
        results of the first phase of the inventory and 
        analysis under subsection (a).
          (3) Subsequent phases.--Not later than 2 years after 
        the date on which the report is submitted under 
        paragraph (2) and 2 years thereafter, the Secretary 
        shall submit to Congress a report describing the 
        results of the second and third phases, respectively, 
        of the inventory and analysis under subsection (a).
          (4) Public availability.--A report submitted under 
        paragraph (2) or (3) shall be--
                  (A) made publicly available; and
                  (B) updated not less frequently than once 
                every 5 years.

           *       *       *       *       *       *       *


Subtitle F--Access to Federal Lands

           *       *       *       *       *       *       *



SEC. 365. PILOT PROJECT TO IMPROVE FEDERAL PERMIT COORDINATION.

           *       *       *       *       *       *       *


    (j) Savings Provision.--Nothing in this section affects--
          (1) the operation of any Federal or State law; or
          (2) any delegation of authority made by the head of a 
        Federal agency whose employees are participating in the 
        Pilot Project.
    (k) Pilot Project Offices To Improve Federal Permit 
Coordination for Renewable Energy.--
          (1) Definition of renewable energy.--In this 
        subsection, the term ``renewable energy'' means energy 
        derived from a wind, solar, or geothermal source.
          (2) Field offices.--As part of the Pilot Project, the 
        Secretary shall designate 1 field office of the Bureau 
        of Land Management in each of the following States to 
        serve as Renewable Energy Permit Coordination Offices 
        for coordination of Federal permits for renewable 
        energy projects and transmission involving Federal land 
        facilitating the development of renewable energy:
                  (A) Alaska.
                  (B) Arizona.
                  (C) California.
                  (D) Colorado.
                  (E) Idaho.
                  (F) Oregon.
                  (G) New Mexico.
                  (H) Nevada.
                  (I) Montana.
                  (J) Utah.
                  (K) Washington.
                  (L) Wyoming.
          (3) Memorandum of understanding.--
                  (A) In general.--Not later than 90 days after 
                the date of enactment of this subsection, the 
                Secretary shall enter into an amended 
                memorandum of understanding under subsection 
                (b) to provide for the inclusion of the 
                additional Renewable Energy Pilot Project 
                Offices in the Pilot Project.
                  (B) Signature of secretary.--The Secretary 
                shall be a signatory of the amended memorandum 
                of understanding.
                  (C) Signatures by governors.--The Secretary 
                shall request that the Governors of each of the 
                States described in paragraph (2) be 
                signatories to the amended memorandum of 
                understanding.
          (4) Designation of qualified staff.--Not later than 
        30 days after the date of the signing of the amended 
        memorandum of understanding, all Federal signatory 
        parties shall, if appropriate, assign to each Renewable 
        Energy Pilot Project Office designated under paragraph 
        (2) an employee described in subsection (c) to carry 
        out duties described in that subsection.
          (5) Additional personnel.--The Secretary shall assign 
        to each Renewable Energy Pilot Project Office 
        additional personnel under subsection (f).
          (6) Transfer of funds.--To coordinate and process 
        renewable energy authorizations on Federal land under 
        the jurisdiction of a Pilot Project Office designated 
        under paragraph (2), the Secretary may authorize the 
        expenditure or transfer of such funds as are necessary 
        to--
                  (A) any Federal agency described in 
                subsection (h); and
                  (B) any State described in paragraph (2).
          (7) Funding.--
                  (A) In general.--The Federal share of any 
                royalties, fees, rentals, bonus bids, or other 
                payments from wind or solar development on land 
                administered by the Secretary shall be 
                deposited in a special fund in the Treasury to 
                be known as the ``BLM Wind and Solar Energy 
                Permit Processing Improvement Fund'' (referred 
                to in this subsection as ``Fund'').
                  (B) Authorization of appropriations.--There 
                is authorized to be appropriated from the Fund 
                or, to the extent amounts are not available in 
                the Fund, from the Treasury for the costs of 
                administering program operations for wind and 
                solar development under the Public Land 
                Renewable Energy Deployment and Adjustment Act 
                of 2009 and the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1701 et seq.) 
                $10,000,000 for each of fiscal years 2009 
                through 2019, to remain available without 
                fiscal year limitation until expended.

           *       *       *       *       *       *       *


TITLE IX--RESEARCH AND DEVELOPMENT

           *       *       *       *       *       *       *



                       Subtitle E--Nuclear Energy


SEC. 951. NUCLEAR ENERGY.

    [(b) Authorization of Appropriations for Core Programs.--
There are authorized to be appropriated to the Secretary to 
carry out nuclear energy research, development, demonstration, 
and commercial application activities, including activities 
authorized under this subtitle, other than those described in 
subsection (c)--
          [(1) $330,000,000 for fiscal year 2007;
          [(2) $355,000,000 for fiscal year 2008; and
          [(3) $495,000,000 for fiscal year 2009.]
    (b) Authorization of Appropriations for Core Programs.--
There are authorized to be appropriated to the Secretary to 
carry out nuclear energy research, development, demonstration, 
and commercial application activities, including activities 
authorized under this subtitle--
          (1) $998,000,000 for fiscal year 2010;
          (2) $1,196,000,000 for fiscal year 2011;
          (3) $1,394,000,000 for fiscal year 2012; and
          (4) $1,592,000,000 for fiscal year 2013.
    (c) Nuclear Infrastructure and Facilities.--There are 
authorized to be appropriated to the Secretary to carry out 
activities under section 955--

           *       *       *       *       *       *       *


SEC. 953. ADVANCED FUEL CYCLE INITIATIVE.

           *       *       *       *       *       *       *


    (b) Annual Review.--The program shall be subject to annual 
review by the Nuclear Energy [Research] Advisory Committee of 
the Department or other independent entity, as appropriate.
    (c) International Cooperation.--In carrying out the 
program, the Secretary is encouraged to seek opportunities to 
enhance the progress of the program through international 
cooperation.
    (d) Reports.--The Secretary shall submit, as part of the 
annual budget submission of the Department, a report on the 
activities of the program.
    (e) Advanced Fuel Recycling Process Development.--
          (1) Definition of advanced fuel recycling process.--
        In this subsection through subsection (g), the term 
        ``advanced fuel recycling process'' means an 
        integrated, proliferation-resistant, spent nuclear fuel 
        recycling or transmutation process that--
                  (A) does not separate pure plutonium;
                  (B) reduces the burden on geological 
                repositories for ultimate waste disposal;
                  (C) minimizes environmental and public health 
                and safety impacts; and
                  (D) is an alternative to reprocessing 
                technologies deployed prior to the date of 
                enactment of this subsection.
          (2) Design, criteria, and evaluations.--In addition 
        to the activities authorized under subsection (a), the 
        Secretary shall--
                  (A) complete the development and testing of a 
                complete and integrated process flowsheet for 
                all steps involved in an advanced fuel 
                recycling process;
                  (B) characterize the waste streams resulting 
                from all steps in the advanced fuel recycling 
                process identified under subparagraph (A);
                  (C) develop waste treatment processes and 
                designs for disposal facilities for waste 
                streams characterized under subparagraph (B);
                  (D) on completion of sufficient technical 
                progress in the program, as evaluated under 
                subsection (g)--
                          (i) develop a generic environmental 
                        impact statement for the technologies 
                        developed under this subsection; and
                          (ii) conduct design and engineering 
                        work sufficient to develop firm cost 
                        estimates with respect to the 
                        development of advanced fuel recycling 
                        processes; and
                  (E) cooperate with the Nuclear Regulatory 
                Commission in making facilities of the 
                Department available to the Commission for 
                purposes of the Commission carrying out 
                independent, confirmatory research as part of 
                the licensing process for facilities 
                constructed or used under the program.
    (f) Regulatory Standards.--
          (1) In general.--The Nuclear Regulatory Commission 
        shall have licensing and related regulatory authority 
        under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et 
        seq.) over facilities that use an advanced fuel 
        recycling process.
          (2) Revision of applicable standards.--
                  (A) Nuclear regulatory commission.--The 
                Nuclear Regulatory Commission shall establish 
                standards for protection against radiation 
                (including occupational exposures) resulting 
                from activities at facilities that use an 
                advanced fuel recycling process, including 
                facilities to fabricate fuel enriched with 
                actinide elements other than uranium.
                  (B) Environmental protection agency.--The 
                Administrator of the Environmental Protection 
                Agency shall establish generally applicable 
                environmental standards for the protection of 
                the public and the general environment from 
                radioactive material released from facilities 
                that use an advanced fuel recycling process, 
                including facilities to fabricate fuel enriched 
                with actinide elements other than uranium.
    (g) Comprehensive Evaluation.--
          (1) In general.--On completion of sufficient 
        technical progress in the program under subsection (e), 
        the Secretary shall direct the Nuclear Energy Advisory 
        Committee and the Nuclear Waste Technical Review Board 
        to evaluate and prepare reports concerning the 
        readiness of the program for detailed design, 
        engineering, licensing, and deployment of advanced fuel 
        recycling processes.
          (2) Report.--The Secretary shall submit to Congress 
        the reports of the Nuclear Energy Advisory Committee 
        and the Nuclear Waste Technical Review Board described 
        in paragraph (1) with the first budget request 
        submitted to carry out activities covered by the 
        reports.

           *       *       *       *       *       *       *


                       Subtitle F--Fossil Energy


SEC. 961. FOSSIL ENERGY.

           *       *       *       *       *       *       *


    (b) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary to carry out fossil energy 
research, development, demonstration, and commercial 
application activities, including activities authorized under 
this subtitle--
          (1) $611,000,000 for fiscal year 2007;
          (2) $626,000,000 for fiscal year 2008; [and]
          (3) $641,000,000 for fiscal year 2009[.];
          (4) $1,074,000,000 for fiscal year 2010;
          (5) $1,272,000,000 for fiscal year 2011;
          (6) $1,470,000,000 for fiscal year 2012; and
          (7) $1,668,000,000 for fiscal year 2013.

           *       *       *       *       *       *       *


SEC. 963. CARBON CAPTURE AND SEQUESTRATION RESEARCH, DEVELOPMENT, AND 
                    DEMONSTRATION PROGRAM.

    (a) Definitions.--In this section:
          (1) Industrial source.--The term ``industrial 
        source'' means any source of carbon dioxide that is not 
        naturally occurring.
          (2) Large-scale.--The term ``large-scale'' means the 
        injection of 1,000,000 tons of carbon dioxide from 
        industrial sources over the lifetime of the project.
    [(a)] (b) [In General.] Program.--The Secretary shall carry 
out a 10-year carbon capture and sequestration research, 
development, and demonstration program to develop carbon 
dioxide capture and sequestration technologies related to 
industrial sources of carbon dioxide for use--
          (1) in new coal utilization facilities; and
          (2) on the fleet of coal-based units in existence on 
        the date of enactment of this Act.
    [(b)] (c) Objectives.--The objectives of the program under 
[subsection (a)] subsection (b) shall be--
          (1) to develop carbon dioxide capture technologies, 
        including adsorption and absorption techniques and 
        chemical processes, to remove the carbon dioxide from 
        gas streams containing carbon dioxide potentially 
        amenable to sequestration;
          (2) to develop technologies that would directly 
        produce concentrated streams of carbon dioxide 
        potentially amenable to sequestration;
          (3) to increase the efficiency of the overall system 
        to reduce the quantity of carbon dioxide emissions 
        released from the system per megawatt generated;
          (4) in accordance with the carbon dioxide capture 
        program, to promote a robust carbon sequestration 
        program and continue the work of the Department, in 
        conjunction with the private sector, through regional 
        carbon sequestration partnerships; and
          (5) to expedite and carry out large-scale testing of 
        carbon sequestration systems in a range of geologic 
        formations that will provide information on the cost 
        and feasibility of deployment of sequestration 
        technologies.
    [(c)] (d) Programmatic Activities.--

           *       *       *       *       *       *       *

          (3) Large-scale carbon dioxide sequestration 
        testing.--
                (C) Source of carbon dioxide for large-scale 
                sequestration tests.--In the process of any 
                acquisition of carbon dioxide for sequestration 
                tests under subparagraph (A), the Secretary 
                shall give preference to sources of carbon 
                dioxide from industrial sources. To the extent 
                feasible, the Secretary shall prefer tests that 
                would facilitate the creation of an integrated 
                system of capture, transportation and 
                sequestration of carbon dioxide. The preference 
                provided for under this subparagraph shall not 
                delay the implementation of the large-scale 
                sequestration tests under this paragraph.
                [(D) Definition.--For purposes of this 
                paragraph, the term ``large-scale'' means the 
                injection of more than 1,000,000 tons of carbon 
                dioxide from industrial sources annually or a 
                scale that demonstrates the ability to inject 
                and sequester several million metric tons of 
                industrial source carbon dioxide for a large 
                number of years.]

           *       *       *       *       *       *       *

    [(d)] (e) Authorization of Appropriations.--There are 
authorized to be appropriated to carry out this section--
          (1) $240,000,000 for fiscal year 2008;
          (2) $240,000,000 for fiscal year 2009;
          (3) $240,000,000 for fiscal year 2010;
          (4) $240,000,000 for fiscal year 2011; and
          (5) $240,000,000 for fiscal year 2012.

SEC. 963A. LARGE-SCALE CARBON STORAGE PROGRAM.

    (a) Definitions.--In this section:
          (1) Industrial source.--The term ``industrial 
        source'' means any source of carbon dioxide that is not 
        naturally occurring.
          (2) Large-scale.--The term ``large-scale'' means the 
        injection of over 1,000,000 tons of carbon dioxide each 
        year from industrial sources into a geological 
        formation.
          (3) Secretary concerned.--The term ``Secretary 
        concerned'' means--
                  (A) the Secretary of Agriculture (acting 
                through the Chief of the Forest Service), with 
                respect to National Forest System land; and
                  (B) the Secretary of the Interior, with 
                respect to land managed by the Bureau of Land 
                Management (including land held for the benefit 
                of an Indian tribe).
    (b) Program.--In addition to the research, development, and 
demonstration program authorized by section 963, the Secretary 
shall carry out a program to demonstrate the commercial 
application of integrated systems for the capture, injection, 
monitoring, and long-term geological storage of carbon dioxide 
from industrial sources.
    (c) Authorized Assistance.--In carrying out the program, 
the Secretary may enter into cooperative agreements to provide 
financial and technical assistance to up to 10 demonstration 
projects.
    (d) Project Selection.--The Secretary shall competitively 
select recipients of cooperative agreements under this section 
from among applicants that--
          (1) provide the Secretary with sufficient geological 
        site information (including hydrogeological and 
        geophysical information) to establish that the proposed 
        geological storage unit is capable of long-term storage 
        of the injected carbon dioxide, including--
                  (A) the location, extent, and storage 
                capacity of the geological storage unit at the 
                site into which the carbon dioxide will be 
                injected;
                  (B) the principal potential modes of 
                geomechanical failure in the geological storage 
                unit;
                  (C) the ability of the geological storage 
                unit to retain injected carbon dioxide; and
                  (D) the measurement, monitoring, and 
                verification requirements necessary to ensure 
                adequate information on the operation of the 
                geological storage unit during and after the 
                injection of carbon dioxide;
          (2) possess the land or interests in land necessary 
        for--
                  (A) the injection and storage of the carbon 
                dioxide at the proposed geological storage 
                unit; and
                  (B) the closure, monitoring, and long-term 
                stewardship of the geological storage unit;
          (3) possess or have a reasonable expectation of 
        obtaining all necessary permits and authorizations 
        under applicable Federal and State laws (including 
        regulations); and
          (4) agree to comply with each requirement of 
        subsection (e).
    (e) Terms and Conditions.--The Secretary shall condition 
receipt of financial assistance pursuant to a cooperative 
agreement under this section on the recipient agreeing to--
          (1) comply with all applicable Federal and State laws 
        (including regulations), including a certification by 
        the appropriate regulatory authority that the project 
        will comply with Federal and State requirements to 
        protect drinking water supplies;
          (2) in the case of industrial sources subject to the 
        Clean Air Act (42 U.S.C. 7401 et seq.), inject only 
        carbon dioxide captured from industrial sources in 
        compliance with that Act;
          (3) comply with all applicable construction and 
        operating requirements for deep injection wells;
          (4) measure, monitor, and test to verify that carbon 
        dioxide injected into the injection zone is not--
                  (A) escaping from or migrating beyond the 
                confinement zone; or
                  (B) endangering an underground source of 
                drinking water;
          (5) comply with applicable well-plugging, post-
        injection site care, and site closure requirements, 
        including--
                  (A)(i) maintaining financial assurances 
                during the post-injection closure and 
                monitoring phase until a certificate of closure 
                is issued by the Secretary; and
                  (ii) promptly undertaking remediation 
                activities for any leak from the geological 
                storage unit that would endanger public health 
                or safety or natural resources; and
                  (B) complying with subsection (f);
          (6) comply with applicable long-term care 
        requirements;
          (7) maintain financial protection in a form and in an 
        amount acceptable to--
                  (A) the Secretary;
                  (B) the Secretary with jurisdiction over the 
                land; and
                  (C) the Administrator of the Environmental 
                Protection Agency; and
          (8) provide the assurances described in section 
        963(d)(4)(B).
    (f) Post Injection Closure And Monitoring Elements.--In 
assessing whether a project complies with site closure 
requirements under subsection (e)(5), the Secretary, in 
consultation with the Administrator of the Environmental 
Protection Agency, shall determine whether the recipient of 
financial assistance has demonstrated continuous compliance 
with each of the following over a period of not less than 10 
consecutive years after the plume of carbon dioxide has 
stabilized within the geologic formation that comprises the 
geologic storage unit following the cessation of injection 
activities:
          (1) The estimated location and extent of the project 
        footprint (including the detectable plume of carbon 
        dioxide and the area of elevated pressure resulting 
        from the project) has not substantially changed and is 
        contained within the geologic storage unit.
          (2) The injection zone formation pressure has ceased 
        to increase following cessation of carbon dioxide 
        injection into the geologic storage unit.
          (3) There is no leakage of either carbon dioxide or 
        displaced formation fluid from the geologic storage 
        unit that is endangering public health and safety, 
        including underground sources of drinking water and 
        natural resources.
          (4) The injected or displaced formation fluids are 
        not expected to migrate in the future in a manner that 
        encounters a potential leakage pathway.
          (5) The injection wells at the site completed into or 
        through the injection zone or confining zone are 
        plugged and abandoned in accordance with the applicable 
        requirements of Federal or State law governing the 
        wells.
    (g) Indemnification Agreements.--
          (1) Definition of liability.--In this subsection, the 
        term ``liability'' means any legal liability for--
                  (A) bodily injury, sickness, disease, or 
                death;
                  (B) loss of or damage to property, or loss of 
                use of property; or
                  (C) injury to or destruction or loss of 
                natural resources, including fish, wildlife, 
                and drinking water supplies.
          (2) Agreements.--Not later than 1 year after the date 
        of the receipt by the Secretary of a completed 
        application for a demonstration project, the Secretary 
        may agree to indemnify and hold harmless the recipient 
        of a cooperative agreement under this section from 
        liability arising out of or resulting from a 
        demonstration project in excess of the amount of 
        liability covered by financial protection maintained by 
        the recipient under subsection (e)(7).
          (3) Exception for gross negligence and intentional 
        misconduct.--Notwithstanding paragraph (1), the 
        Secretary may not indemnify the recipient of a 
        cooperative agreement under this section from liability 
        arising out of conduct of a recipient that is grossly 
        negligent or that constitutes intentional misconduct.
          (4) Collection of fees.--
                  (A) In general.--The Secretary shall collect 
                a fee from any person with whom an agreement 
                for indemnification is executed under this 
                subsection in an amount that is equal to the 
                net present value of payments made by the 
                United States to cover liability under the 
                indemnification agreement.
                  (B) Amount.--The Secretary shall establish, 
                by regulation, criteria for determining the 
                amount of the fee, taking into account--
                          (i) the likelihood of an incident 
                        resulting in liability to the United 
                        States under the indemnification 
                        agreement; and
                          (ii) other factors pertaining to the 
                        hazard of the indemnified project.
                  (C) Use of fees.--Fees collected under this 
                paragraph shall be deposited in the Treasury 
                and credited to miscellaneous receipts.
          (5) Contracts in advance of appropriations.--
                  (A) In general.--Subject to subparagraph (B), 
                the Secretary may enter into agreements of 
                indemnification under this subsection in 
                advance of appropriations and incur obligations 
                without regard to section 1341 of title 31, 
                United States Code (commonly known as the 
                ``Anti-Deficiency Act''), or section 11 of 
                title 41, United States Code (commonly known as 
                the ``Adequacy of Appropriations Act'').
                  (B) Limitation.--The amount of 
                indemnification under this subsection shall not 
                exceed $10,000,000,000 (adjusted not less than 
                once during each 5-year period following the 
                date of enactment of this section, in 
                accordance with the aggregate percentage change 
                in the Consumer Price Index since the previous 
                adjustment under this subparagraph), in the 
                aggregate, for all persons indemnified in 
                connection with an agreement and for each 
                project, including such legal costs as are 
                approved by the Secretary.
          (6) Conditions of agreements of indemnification.--
                  (A) In general.--An agreement of 
                indemnification under this subsection may 
                contain such terms as the Secretary considers 
                appropriate to carry out the purposes of this 
                section.
                  (B) Administration.--The agreement shall 
                provide that, if the Secretary makes a 
                determination the United States will probably 
                be required to make indemnity payments under 
                the agreement, the Attorney General--
                          (i) shall collaborate with the 
                        recipient of an award under this 
                        subsection; and
                          (ii) may--
                                  (I) approve the payment of 
                                any claim under the agreement 
                                of indemnification;
                                  (II) appear on behalf of the 
                                recipient;
                                  (III) take charge of an 
                                action; and
                                  (IV) settle or defend an 
                                action.
                  (C) Settlement of Claims.--
                          (i) In General.--The Attorney General 
                        shall have final authority on behalf of 
                        the United States to settle or approve 
                        the settlement of any claim under this 
                        subsection on a fair and reasonable 
                        basis with due regard for the purposes 
                        of this subsection.
                          (ii) Expenses.--The settlement shall 
                        not include expenses in connection with 
                        the claim incurred by the recipient.
    (h) Federal Land.--
          (1) In general.--The Secretary concerned may 
        authorize the siting of a project on Federal land under 
        the jurisdiction of the Secretary concerned in a manner 
        consistent with applicable laws and land management 
        plans and subject to such terms and conditions as the 
        Secretary concerned determines to be necessary.
          (2) Framework for geological carbon sequestration on 
        public land.--In determining whether to authorize a 
        project on Federal land, the Secretary concerned shall 
        take into account the framework for geological carbon 
        sequestration on public land prepared in accordance 
        with section 714 of the Energy Independence and 
        Security Act of 2007 (Public Law 110-140; 121 Stat. 
        1715).
    (i) Acceptance of Title and Long-Term Monitoring.--
          (1) In general.--As a condition of a cooperative 
        agreement under this section, the Secretary may accept 
        title to, or transfer of administrative jurisdiction 
        from another Federal agency over, any land or interest 
        in land necessary for the monitoring, remediation, or 
        long-term stewardship of a project site.
          (2) Long-term monitoring activities.--After accepting 
        title to, or transfer of, a site closed in accordance 
        with this section, the Secretary shall monitor the site 
        and conduct any remediation activities to ensure the 
        geological integrity of the site and prevent any 
        endangerment of public health or safety.
          (3) Funding.--There is appropriated to the Secretary, 
        out of funds of the Treasury not otherwise 
        appropriated, such sums as are necessary to carry out 
        paragraph (2).

           *       *       *       *       *       *       *


                          Subtitle G--Science


SEC. 971. SCIENCE.

           *       *       *       *       *       *       *


    (b) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary to carry out research, 
development, demonstration, and commercial application 
activities of the Office of Science, including activities 
authorized under this subtitle (including the amounts 
authorized under the amendment made by section 976(b) and 
including basic energy sciences, advanced scientific and 
computing research, biological and environmental research, 
fusion energy sciences, high energy physics, nuclear physics, 
research analysis, and infrastructure support)--
          (1) $4,153,000,000 for fiscal year 2007;
          (2) $4,586,000,000 for fiscal year 2008;
          (3) $5,200,000,000 for fiscal year 2009; [and]
          [(4) $5,814,000,000 for fiscal year 2010.]
          (4) $5,800,000,000 for fiscal year 2010;
          (5) $6,468,740,000 for fiscal year 2011;
          (6) $7,214,586,000 for fiscal year 2012; and
          (7) $8,046,427,000 for fiscal year 2013.

           *       *       *       *       *       *       *


 Subtitle J--Ultra-Deepwater and Unconventional Natural Gas and Other 
                          Petroleum Resources


SEC. 999A. PROGRAM AUTHORITY.

    (a) In General.--[The Secretary]
          (1) Establishment.--The Secretary shall carry out a 
        program under this subtitle of research, development, 
        demonstration, and commercial application of 
        technologies for ultra-deepwater and unconventional 
        natural gas and other petroleum resource exploration 
        and production, including addressing the technology 
        challenges for small producers, safe operations, and 
        environmental mitigation (including reduction of 
        greenhouse gas emissions and sequestration of carbon).
          (2) Name.--The program established under this section 
        shall be known as the ``Unconventional Domestic Natural 
        Gas and Other Petroleum Resources Program.''

           *       *       *       *       *       *       *

    (e) Consultation With Secretary of the Interior.--In 
carrying out this subtitle, the Secretary shall consult 
regularly with the Secretary of the Interior.
    (f) Purposes.--In carrying out the program authorized by 
this subtitle, the Secretary shall seek to establish 
partnerships with research performers in institutions of higher 
education and the private sector to undertake research and 
development not likely otherwise to be undertaken in the 
absence of support from the program.

           *       *       *       *       *       *       *


SEC. 999B. ULTRA-DEEPWATER AND UNCONVENTIONAL ONSHORE NATURAL GAS AND 
                    OTHER PETROLEUM RESEARCH AND DEVELOPMENT PROGRAM.

           *       *       *       *       *       *       *


    (e) Annual Plan.--

           *       *       *       *       *       *       *

          (3) Publication.--[The Secretary] Not later than 
        February 1 of each year, the Secretary shall transmit 
        to Congress and publish in the Federal Register the 
        annual plan, along with any written comments received 
        under paragraph (2)(A) and (B).

           *       *       *       *       *       *       *

    (f) Awards.--

           *       *       *       *       *       *       *

          (3) Oversight.--
                  (A) In general.--The program consortium shall 
                oversee the implementation of awards under this 
                subsection, consistent with the annual plan 
                under subsection (e), including disbursing 
                funds and monitoring activities carried out 
                under such awards for compliance with the terms 
                and conditions of the awards.
                  (B) Effect.--Nothing in subparagraph (A) 
                shall limit the authority or responsibility of 
                the Secretary to oversee awards, or limit the 
                authority of the Secretary to review or revoke 
                awards.
          (4) Form of award.--The program consortium may make 
        awards in the form of grants, contracts, cooperative 
        agreements, or other transactions.

           *       *       *       *       *       *       *


SEC. 999F. SUNSET.

    The authority provided by this subtitle shall terminate on 
September 30, [2014] 2017.

SEC. 999G. DEFINITIONS.

           *       *       *       *       *       *       *


          (3) Program administration funds.--The term ``program 
        administration funds'' means funds used by the program 
        consortium to administer the program under this 
        subtitle, but not to exceed the greater of $4,000,000 
        or 10 percent of the total funds allocated under 
        paragraphs (1) through (3) of section 999H(d).

           *       *       *       *       *       *       *


SEC. 999H. FUNDING.

           *       *       *       *       *       *       *


    (d) Allocation.--Amounts obligated from the Fund under 
subsection (a)(1) in each fiscal year shall be allocated as 
follows:
          [(1) 35 percent shall be for activities under section 
        999A(b)(1).]
          (1) 35 percent shall be used for activities under 
        section 999A(b)(1), except that for each of fiscal 
        years 2010 through 2015 the amount made available under 
        this paragraph shall be used to carry out section 357 
        (for the completion of necessary environmental analyses 
        under the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.), with a priority given to 
        completion of programmatic environmental impact 
        statements necessary to carry out the seismic inventory 
        or portions of the inventory required by section 357, 
        and the use of seismic technology to obtain accurate 
        resource estimates).
          (2) 32.5 percent shall be for activities under 
        section 999A(b)(2).
          (3) 7.5 percent shall be for activities under section 
        999A(b)(3).
          (4)(A) except as provided in subparagraph (B), 25 
        percent shall be for complementary research under 
        section 999A(b)(4) and other activities under section 
        999A(b) to include program direction funds, overall 
        program oversight, contract management, and the 
        establishment and operation of a technical committee to 
        ensure that in-house research activities funded under 
        section 999A(b)(4) are technically complementary to, 
        and not duplicative of, research conducted under 
        paragraphs (1), (2), and (3) of section 999A(b).
          (B) notwithstanding paragraph (A), for each of fiscal 
        years 2010 through 2015--
                  (i) 15 percent shall be used for the purposes 
                described in subparagraph (A); and
                  (ii) 10 percent shall be used for the 
                activities described in paragraph (1).

           *       *       *       *       *       *       *


SEC. 999H. FUNDING.

           *       *       *       *       *       *       *


    (e) Authorization of Appropriations.--In addition to other 
amounts that are made available to carry out this section, 
there is authorized to be appropriated to carry out this 
section [$100,000,000] $350,000,000 for each of fiscal years 
2007 through 2016.

           *       *       *       *       *       *       *


TITLE X--DEPARTMENT OF ENERGY MANAGEMENT

           *       *       *       *       *       *       *



SEC. 1008. PRIZES FOR ACHIEVEMENT IN GRAND CHALLENGES OF SCIENCE AND 
                    TECHNOLOGY.

           *       *       *       *       *       *       *


    (g) Innovation in Industry Grants.--
          (1) In general.--As part of the program under this 
        section, the Secretary shall carry out a program to pay 
        the Federal share of competitively awarding grants to 
        State-industry partnerships in accordance with this 
        subsection to develop, demonstrate, and commercialize 
        new technologies or processes for industries that 
        significantly--
                  (A) reduce energy use and energy intensive 
                feedstocks;
                  (B) reduce pollution and greenhouse gas 
                emissions;
                  (C) reduce industrial waste; and
                  (D) improve domestic industrial cost 
                competitiveness.
          (2) Administration.--
                  (A) Applications.--A State-industry 
                partnership seeking a grant under this 
                subsection shall submit to the Secretary an 
                application for a grant to carry out a project 
                to demonstrate an innovative energy efficiency 
                technology or process described in paragraph 
                (1).
                  (B) Cost sharing.--To be eligible to receive 
                a grant under this subsection, a State-industry 
                partnership shall agree to match, on at least a 
                dollar-for-dollar basis, the amount of Federal 
                funds that are provided to carry out the 
                project.
                  (C) Grant.--The Secretary shall provide to a 
                State-industry partnership selected under this 
                subsection a 1-time grant of not more than 
                $500,000 to initiate the project.
          (3) Eligible projects.--A project for which a grant 
        is received under this subsection shall be designed to 
        demonstrate successful--
                  (A) industrial applications of energy 
                efficient technologies or processes that reduce 
                costs to industry and prevent pollution and 
                greenhouse gas releases; or
                  (B) energy efficiency improvements in 
                material inputs, processes, or waste streams to 
                enhance the industrial competitiveness of the 
                United States.
          (4) Evaluation.--The Secretary shall evaluate 
        applications for grants under this subsection on the 
        basis of--
                  (A) the description of the concept;
                  (B) cost-efficiency;
                  (C) the capability of the applicant;
                  (D) the quantity of energy savings;
                  (E) the commercialization or marketing plan; 
                and
                  (F) such other factors as the Secretary 
                determines to be appropriate.

           *       *       *       *       *       *       *


                    TITLE XI--PERSONNEL AND TRAINING


SEC. 1101. WORKFORCE TRENDS AND TRAINEESHIP GRANTS.

    (a) Definitions.--In this section:
          (1) Community college.--The term ``community 
        college'' means--
                  (A) a junior or community college (as defined 
                in section 312(f) of the Higher Education Act 
                of 1965 (20 U.S.C. 1058(f))); and
                  (B) an institution of higher education at 
                which more than 35 percent of all degrees are 
                awarded at the 2-year level or below.
          [(1)] (2) Energy technology industry.--The term 
        ``energy technology industry'' includes--
                  (A) a renewable energy industry;
                  (B) a company that develops or commercializes 
                a device to increase energy efficiency;
                  (C) the oil and gas industry;
                  (D) the nuclear power industry;
                  (E) the coal industry;
                  (F) the electric utility industry; and
                  (G) any other industrial sector, as the 
                Secretary determines to be appropriate.
          [(2)] (3) Skilled technical personnel.--The term 
        ``skilled technical personnel'' means--
                  (A) journey- and apprentice-level workers who 
                are enrolled in, or have completed, a 
                federally-recognized or State-recognized 
                apprenticeship program; and
                  (B) other skilled workers in energy 
                technology industries, as determined by the 
                Secretary.]

           *       *       *       *       *       *       *

    (c) Traineeship Grants for Skilled Technical Personnel.--
The Secretary, in consultation with the Secretary of Labor, may 
establish programs in the appropriate offices of the Department 
under which the Secretary provides grants to enhance training 
(including distance learning) for any workforce category for 
which a shortage is identified or predicted under subsection 
(b)(2).
    (d) Career Counselor Outreach.--The Secretary, in 
consultation with the Secretary of Labor, shall establish a 
program to communicate information collected under subsection 
(b) on a nationwide basis to--
          (1) guidance counselors at secondary schools;
          (2) career development offices at community colleges 
        and institutions of higher education; and
                  (3) principals and district superintendents.
    (e) Student Awareness of Energy Career Opportunities.--The 
Secretary shall create and maintain a website, and interface 
with Federal Trio programs, GEAR UP programs, or similar 
programs, to provide secondary and postsecondary school 
students with information on careers in energy technology 
industries, including--
          (1) career information and job descriptions for the 
        energy technology industry;
          (2) projected workforce shortages in the energy 
        technology industry;
          (3) a comprehensive listing and description of 
        institutions of higher education providing degrees with 
        a specific focus on the energy technology industry;
          (4) a comprehensive listing and description of 
        community colleges and career training programs with a 
        particular focus on the energy technology industry; and
          (5) sources of scholarships and other forms of 
        financial aid with particular relevance to the energy 
        technology industry.''.
    [(d)] (f) Authorization of Appropriations.--There is 
authorized to be appropriated to carry out this section 
$20,000,000 for each of fiscal years 2006 through 2008.

           *       *       *       *       *       *       *


           TITLE XVII--INCENTIVES FOR INNOVATIVE TECHNOLOGIES


SEC. 1701. DEFINITIONS.

           *       *       *       *       *       *       *


          (1) Commercial technology.--
                  (A) In general.--The term ``commercial 
                technology'' means a technology in general use 
                in the commercial marketplace.
                  [(B) Inclusions.--The term ``commercial 
                technology'' does not include a technology 
                solely by use of the technology in a 
                demonstration project funded by the 
                Department.]
                  (B) Exclusion.--The term ``commercial 
                technology'' does not include a technology if 
                the sole use of the technology is in connection 
                with--
                          (i) a demonstration project; or
                          (ii) a project for which the 
                        Secretary approved a loan guarantee.

           *       *       *       *       *       *       *


SEC. 1702. TERMS AND CONDITIONS.

    (a) In General.--Except for division C of Public Law 108-
324, the Secretary shall make guarantees under this or any 
other Act for projects on such terms and conditions as the 
Secretary determines, after consultation with the Secretary of 
the Treasury, only in accordance with this section.
    [(b) Specific Appropriation or Contribution.--No guarantee 
shall be made unless--
          (1) an appropriation for the cost has been made; or
          (2) the Secretary has received from the borrower a 
        payment in full for the cost of the obligation and 
        deposited the payment into the Treasury.]
    (b) Specific Appropriation or Contribution.--
          (1) In general.--No guarantee shall be made unless 
        sufficient amounts to account for the cost are 
        available--
                  (A) in unobligated balances within the Clean 
                Energy Investment Fund established under 
                section 103(a) of the American Clean Energy 
                Leadership Act;
                  (B) as a payment from the borrower and the 
                payment is deposited in the Clean Energy 
                Investment Fund; or
                  (C) in any combination of balances and 
                payments described in subparagraphs (A) and 
                (B), respectively.
          (2) Limitation.--The source of payments received from 
        a borrower under paragraph (1)(B) shall not be a loan 
        or other debt obligation that is made or guaranteed by 
        the Federal Government.
          (3) Relation to other laws.--Section 504(b) of the 
        Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) 
        shall not apply to a loan or loan guarantee under this 
        section.

           *       *       *       *       *       *       *

    (g) Defaults.--

           *       *       *       *       *       *       *

          (2) Subrogation.--
                  [(B) Superiority of rights.--The rights of 
                the Secretary, with respect to any property 
                acquired pursuant to a guarantee or related 
                agreements, shall be superior to the rights of 
                any other person with respect to the property.
                  [(C) Terms and conditions.--A guarantee 
                agreement shall include such detailed terms and 
                conditions as the Secretary determines 
                appropriate to--
                          [(i) protect the interests of the 
                        United States in the case of default; 
                        and
                          [(ii) have available all the patents 
                        and technology necessary for any person 
                        selected, including the Secretary, to 
                        complete and operate the project.]
                  (B) Superiority of rights.--Except as 
                provided in subparagraph (C), the rights of the 
                Secretary, with respect to any property 
                acquired pursuant to a guarantee or related 
                agreements, shall be superior to the rights of 
                any other person with respect to the property.
                  (C) Terms and conditions.--A guarantee 
                agreement shall include such detailed terms and 
                conditions as the Secretary determines 
                appropriate to--
                          (i) protect the interests of the 
                        United States in the case of default;
                          (ii) have available all the patents 
                        and technology necessary for any person 
                        selected, including the Secretary, to 
                        complete and operate the project;
                          (iii) provide for sharing the 
                        proceeds received from the sale of 
                        project assets with other creditors or 
                        control the disposition of project 
                        assets if necessary to protect the 
                        interests of the United States in the 
                        case of default; and
                          (iv) provide such lien priority in 
                        project assets as necessary to protect 
                        the interests of the United States in 
                        the case of a default.

           *       *       *       *       *       *       *

    (h) Fees.--
          (1) In general.--The Secretary shall charge and 
        collect fees for guarantees in amounts the Secretary 
        determines are sufficient to cover applicable 
        administrative expenses.
          [(2) Availability.--Fees collected under this 
        subsection shall--
                  [(A) be deposited by the Secretary into the 
                Treasury; and
                  [(B) remain available until expended, subject 
                to such other conditions as are contained in 
                annual appropriations Acts.]
          (2) Availability.--Fees collected under this 
        subsection shall--
                  (A) be deposited by the Secretary in the 
                Clean Energy Investment Fund established under 
                section 103(a) of the American Clean Leadership 
                Act of 2009; and
                  (B) remain available to the Secretary for 
                expenditure, without further appropriation or 
                fiscal year limitation, for administrative 
                expenses incurred in carrying out this title.
          (3) Adjustment.--The Secretary may adjust the amount 
        or manner of collection of fees under this title as the 
        Secretary determines is necessary to promote, to the 
        maximum extent practicable, eligible projects under 
        this title.
          (4) Excess fees.--Of the amount of a fee imposed on 
        an applicant at the conditional commitment stage, 75 
        percent of the amount shall be refundable to the 
        applicant if there is no financial close on the 
        application, unless the Secretary determines that the 
        administrative costs of the Department have exceeded 
        the amount retained.
          (5) Credit report.--If, in the opinion of the 
        Secretary, the credit rating of an applicant is not 
        relevant to the determination of whether or not support 
        will be provided and the applicant agrees to accept the 
        credit rating assigned to the applicant by the 
        Secretary, the Secretary may waive any requirement to 
        provide a third-party credit report.

           *       *       *       *       *       *       *

    (j) Full Faith and Credit.--The full faith and credit of 
the United States is pledged to the payment of all guarantees 
issued under this section with respect to principal and 
interest.
    (k) Accelerated Reviews.--To the maximum extent practicable 
and consistent with sound business practices, the Secretary 
shall seek to conduct necessary reviews concurrently of an 
application for a loan guarantee under this title such that 
decisions as to whether to enter into a commitment on the 
application can be issued not later than 180 days after the 
date of submission of a completed application.

           *       *       *       *       *       *       *


SEC. 1703. ELIGIBLE PROJECTS.

           *       *       *       *       *       *       *


    (b) Categories.--Projects from the following categories 
shall be eligible for a guarantee under this section:
          (1) Renewable energy systems.
          (2) Advanced fossil energy technology (including coal 
        gasification meeting the criteria in subsection (d)).
          (3) Hydrogen fuel cell technology for residential, 
        industrial, or transportation applications.
          (4) Advanced nuclear energy facilities.
          (5) Carbon capture and sequestration practices and 
        technologies, including agricultural and forestry 
        practices that store and sequester carbon.
          (6) Efficient electrical generation, transmission, 
        and distribution technologies.
          (7) Efficient end-use energy technologies.
          (8) Production facilities for the manufacture of fuel 
        efficient vehicles or parts of those vehicles, 
        including electric drive vehicles and advanced diesel 
        vehicles.
          (9) Pollution control equipment.
          (10) Refineries, meaning facilities at which crude 
        oil is refined into gasoline.
          (11) Low-Btu gas (as defined in section 425(a) of the 
        American Clean Energy Leadership Act of 2009) and 
        helium gas projects.

           *       *       *       *       *       *       *


SEC. 1705. TEMPORARY PROGRAM FOR RAPID DEPLOYMENT OF RENEWABLE ENERGY 
                    AND ELECTRIC POWER TRANSMISSION PROJECTS.

           *       *       *       *       *       *       *


    (c) Wage Rate Requirements.--The Secretary shall require 
that each recipient of [support under this section] support 
under this title provide reasonable assurance that all laborers 
and mechanics employed.

           *       *       *       *       *       *       *


TITLE XVIII--STUDIES

           *       *       *       *       *       *       *



[SEC. 1830. STUDY OF AVAILABILITY OF SKILLED WORKERS.

    [(a) In General.--The Secretary shall enter into an 
arrangement with the National Academy of Sciences under which 
the National Academy of Sciences shall conduct a study of the 
short-term and long-term availability of skilled workers to 
meet the energy and mineral security requirements of the United 
States.
    [(b) Inclusions.--The study shall include an analysis of--
          [(1) the need for and availability of workers for the 
        oil, gas, and mineral industries;
          [(2) the availability of skilled labor at both entry 
        level and more senior levels; and
          [(3) recommendations for future actions needed to 
        meet future labor requirements.
    [(c) Report.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall submit to Congress a 
report that describes the results of the study.]

SEC. 1830. STUDY OF AVAILABILITY OF SKILLED WORKERS.

    (a) In General.--The Secretary of the Interior, in 
cooperation with the Secretary of Labor, shall enter into an 
arrangement with the National Academies under which the 
National Academies shall conduct a study of the short-term and 
long-term availability of skilled workers to meet the energy 
and mineral security requirements of the United States.
    (b) Inclusions.--The study shall include--
          (1) an analysis of the need for and availability of 
        workers for the oil, natural gas, coal, nonfuel 
        mineral, ground water, nuclear, geothermal, solar, 
        wind, and electric utility industries;
          (2) an analysis of the availability of skilled labor 
        at both entry level and more senior levels;
          (3) recommendations for actions needed to meet future 
        labor requirements;
          (4) a description of current and projected education 
        and training programs for those workers at community 
        and technical colleges and universities or through 
        other job-specific training initiatives;
          (5) an analysis of the potential for skilled foreign 
        labor to meet projected sectoral labor requirements;
          (6) an assessment of potential job health and safety 
        impacts, national security, and domestic economic 
        impacts of a long-term workforce shortage or surplus; 
        and
          (7) a description and evaluation of data sources 
        available, Federal data collection and coordination, 
        and potential research initiatives for future 
        decisionmaking relating to workforce issues.
    (c) Report.--Not later than December 31, 2012, the 
Secretary shall submit to Congress a report that describes the 
results of the study.
    (d) Authorization of Appropriations.--There is authorized 
to be appropriated to the Secretary to carry out this section 
$2,000,000.

           *       *       *       *       *       *       *


     DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2006


               Public Law 109-54, Approved August 2, 2005


   AN ACT Making appropriations for the Department of the Interior, 
environment, and related agencies for the fiscal year ending September 
30, 2006, and for other purposes

           *       *       *       *       *       *       *


TITLE I--DEPARTMENT OF THE INTERIOR

           *       *       *       *       *       *       *



GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

           *       *       *       *       *       *       *


    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Department of the 
Interior, environment, and related agencies for the fiscal year 
ending September 30, 2006, and for other purposes, namely:

           *       *       *       *       *       *       *

    Sec. 105. No funds provided in this title may be expended 
by the Department of the Interior to conduct offshore oil and 
natural gas preleasing, leasing and related activities in the 
eastern Gulf of Mexico planning area for any lands located 
outside Sale 181 (other than the 181 South Area (as defined in 
section 102 of the Gulf of Mexico Energy Security Act of 2006) 
and any other area that the Secretary of the Interior may offer 
for leasing, preleasing, or any related activity under section 
104 of that Act), as identified in the final Outer Continental 
Shelf 5-Year Oil and Gas Leasing Program, 1997-2002.

           *       *       *       *       *       *       *


               GULF OF MEXICO ENERGY SECURITY ACT OF 2006


             Public Law 109-432, Approved December 20, 2006


 AN ACT To amend the Internal Revenue Code of 1986 to extend expiring 
                   provisions, and for other purposes

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

SECTION 1. SHORT TITLE, ETC.

    (a) Short Title.--This Act may be cited as the ``Tax Relief 
and Health Care Act of 2006''.

           *       *       *       *       *       *       *


                      DIVISION C--OTHER PROVISIONS


                TITLE I--GULF OF MEXICO ENERGY SECURITY


SEC. 101. SHORT TITLE.

    This title may be cited as the ``Gulf of Mexico Energy 
Security Act of 2006.''

           *       *       *       *       *       *       *


SEC. 104. MORATORIUM ON OIL AND GAS LEASING IN CERTAIN AREAS OF GULF OF 
                    MEXICO.

    [(a) In General.--Effective during the period beginning on 
the date of enactment of this Act and ending on June 30, 2022, 
the Secretary shall not offer for leasing, preleasing, or any 
related activity--
          [(1) any area east of the Military Mission Line in 
        the Gulf of Mexico;
          [(2) any area in the Eastern Planning Area that is 
        within 125 miles of the coastline of the State of 
        Florida; or
          [(3) any area in the Central Planning Area that is--
                  [(A) within--
                          [(i) the 181 Area; and
                          [(ii) 100 miles of the coastline of 
                        the State of Florida; or
                  [(B)(i) outside the 181 Area;
                          [(ii) east of the western edge of the 
                        Pensacola Official Protraction Diagram 
                        (UTM X coordinate 1,393,920 (NAD 27 
                        feet)); and
                          [(iii) within 100 miles of the 
                        coastline of the State of Florida.]
    (a) In General.--Except as provided in subsection (d), 
effective during the period beginning on the date of enactment 
of this Act and ending on June 30, 2022, the Secretary shall 
not offer for leasing, preleasing, or any related activity any 
area in the Eastern Planning Area that is within 45 statute 
miles of the coastline of the State of Florida.
    (b) Military Mission Line.--Notwithstanding subsection (a), 
the United States reserves the right to designate by and 
through the Secretary of Defense, with the approval of the 
President, national defense areas on the outer Continental 
Shelf pursuant to section 12(d) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1341(d)).

           *       *       *       *       *       *       *

    (d) Exceptions.--
          (1) Definitions.--In this paragraph:
                  (A) Destin dome area.--The term ``Destin Dome 
                Area'' means the area in the Central and 
                Eastern Planning Areas of the outer Continental 
                Shelf identified as ``Destin Dome (NH16-08)'' 
                in the document entitled ``MMS Gulf of Mexico 
                Region Planning Areas and Active Leases'' and 
                dated May 14, 2009.
                  (B) Pensacola area.--The term ``Pensacola 
                Area'' means the area in the Central and 
                Eastern Planning Areas of the outer Continental 
                Shelf identified as ``Pensacola (NH16-05)'' in 
                the document entitled ``MMS Gulf of Mexico 
                Region Planning Areas and Active Leases'' and 
                dated May 14, 2009.
          (2) Authorized areas.--The Secretary may offer for 
        leasing any area in the Destin Dome Area or the 
        Pensacola Area.

           *       *       *       *       *       *       *


                          AMERICA COMPETES ACT


               Public Law 110-69, Approved August 9, 2007


AN ACT To invest in innovation through research and development, and to 
            improve the competitiveness of the United States

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``America COMPETES Act'' or 
the ``America Creating Opportunities to Meaningfully Promote 
Excellence in Technology, Education, and Science Act''.

           *       *       *       *       *       *       *


                     TITLE V--DEPARTMENT OF ENERGY


SEC. 5001. SHORT TITLE.

    This title may be cited as the ``Protecting America's 
Competitive Edge Through Energy Act'' or the ``PACE--Energy 
Act''.

           *       *       *       *       *       *       *


SEC. 5006. ENERGY UTILITY TRADES PROGRAM FOR COMMUNITY COLLEGES.

    (a) Purpose.--The purpose of this section is to address the 
decline in the number of qualified employees for the energy 
utility industry.
    (b) Definition of Community College.--In this section, the 
term ``community college'' means--
          (1) a junior or community college (as defined in 
        section 312(f) of the Higher Education Act of 1965 (20 
        U.S.C. 1058(f))); and
          (2) an institution of higher education at which more 
        than 35 percent of all degrees are awarded at the 2-
        year level or below.
    (c) Establishment.--The Secretary shall establish, in 
accordance with this section, a program to expand and enhance 
the educational capabilities of community colleges to prepare 
students for careers in trades relevant to the energy utility 
industry.
    (d) Grants.--The Secretary shall award competitive grants 
to community colleges that establish or expand academic degree 
programs in the energy utility trades, including technicians in 
the nuclear utilities industry.
    (e) Priority.--In evaluating grants under this section, the 
Secretary shall give priority to proposals that involve 
existing or new partnerships with private industry or other 
eligible energy utility entities or involve schools with 
underserved populations, as determined by the Secretary.
    (f) Criteria.--Criteria for a grant awarded under this 
section shall be based on--
          (1) the potential to attract students to the program;
          (2) the ability to offer hands-on learning 
        opportunities (including internships and 
        apprenticeship) in the energy utility sector;
          (3) a demonstrated commitment to partner with 
        secondary schools to promote careers in the energy 
        utility industry; and
          (4) the long-term sustainability of the program 
        without Federal funding.
    (g) Duration and Amount.--
          (1) Duration.--A grant under this section may be--
                  (A) up to 5 years in duration; and
                  (B) renewed subject to the criteria described 
                in subsection (f).
          (2) Amount.--A community college that receives a 
        grant under this section shall be eligible for up to 
        $500,000 for each year of the grant period.
    (h) Use of Funds.--A community college that receives a 
grant under this section may use the grant to--
          (1) recruit and retain new faculty;
          (2) develop core and specialized course content;
          (3) encourage collaboration between faculty and 
        industry partners;
          (4) support outreach efforts to recruit students; and
          (5) provide scholarships to participating students.

[SEC. 5006.] SEC. 5007. DEPARTMENT OF ENERGY EARLY CAREER AWARDS FOR 
                    SCIENCE, ENGINEERING, AND MATHEMATICS RESEARCHERS.

    (a) Grant Awards.--The Director of the Office of Science of 
the Department (referred to in this section as the 
``Director'') shall carry out a program to award grants to 
scientists and engineers at an early career stage at 
institutions of higher education and organizations described in 
subsection (c) to conduct research in fields relevant to the 
mission of the Department.

           *       *       *       *       *       *       *


[SEC. 5007.] SEC. 5008. AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT 
                    OF ENERGY FOR BASIC RESEARCH.

    Section 971(b) of the Energy Policy Act of 2005 (42 U.S.C. 
16311(b)) is amended--
          (1) in paragraph (2), by striking ``and'' at the end;
          (2) in paragraph (3), by striking the period at the 
        end and inserting ``; and''; and
          (3) by adding at the end the following: ``(4) 
        $5,814,000,000 for fiscal year 2010.''.

[SEC. 5008.] SEC. 5009. DISCOVERY SCIENCE AND ENGINEERING INNOVATION 
                    INSTITUTES.

    (a) In General.--The Secretary shall establish distributed, 
multidisciplinary institutes (referred to in this section as 
``Institutes'') centered at National Laboratories to apply 
fundamental science and engineering discoveries to 
technological innovations relating to--

           *       *       *       *       *       *       *


[SEC. 5009.] SEC. 5010. PROTECTING AMERICA'S COMPETITIVE EDGE (PACE) 
                    GRADUATE FELLOWSHIP PROGRAM.

    (a) Definition of Eligible Student.--In this section, the 
term ``eligible student'' means a student who attends an 
institution.

           *       *       *       *       *       *       *


[SEC. 5010.] SEC. 5011. SENSE OF CONGRESS REGARDING CERTAIN 
                    RECOMMENDATIONS AND REVIEWS.

    It is the sense of Congress that--
          (1) the Department of Energy should implement the 
        recommendations contained in the report of the 
        Government Accountability Office numbered 04-639; and
          (2) the Secretary of Energy should annually conduct 
        reviews in accordance with title IX of the Education 
        Amendments of 1972 (20 U.S.C. 1681 et seq.) of at least 
        2 recipients of grants provided by the Department of 
        Energy.

[SEC. 5011.] SEC. 5012. DISTINGUISHED SCIENTIST PROGRAM.

    (a) Purpose.--The purpose of this section is to promote 
scientific and academic excellence through collaborations 
between institutions of higher education and National 
Laboratories.

           *       *       *       *       *       *       *


SEC. 5012. ADVANCED RESEARCH PROJECTS AGENCY--ENERGY.

    (a) Definitions.--

           *       *       *       *       *       *       *

          (3) Fund.--The term ``Fund'' means the Energy 
        Transformation Acceleration Fund established under 
        [subsection (m)(1)] subsection (n)(1).

           *       *       *       *       *       *       *

    (c) Goals.--
          (1) In general.--The goals of ARPA-E shall be--
                  (A) to enhance the economic and energy 
                security of the United States through the 
                development of [energy technologies] 
                technologies that result in--
                          (i) reductions of imports of energy 
                        from foreign sources;
                          (ii) reductions of energy-related 
                        emissions[, including greenhouse gases] 
                        and greenhouse gas emissions from all 
                        sources; and

           *       *       *       *       *       *       *

    (e) Responsibilities.--The responsibilities of the Director 
shall include--
          (1) approving [all] the initiation of new programs 
        within ARPA-E;
          (2) developing funding criteria and assessing the 
        success of programs through the establishment of 
        technical milestones;
          (3) administering the Fund through awards to 
        institutions of higher education, companies, research 
        foundations, trade and industry research 
        collaborations, or consortia of such entities, which 
        may include federally-funded research and development 
        centers, to achieve the goals described in subsection 
        (c) through targeted acceleration of--
                  (A) novel early-stage energy research with 
                possible technology applications;
                  (B) development of techniques, processes, and 
                technologies, and related testing and 
                evaluation;
                  (C) research and development of manufacturing 
                processes for novel energy technologies; and
                  (D) coordination with nongovernmental 
                entities for demonstration of technologies and 
                research applications to facilitate technology 
                transfer; and
          (4) terminating programs carried out under this 
        section that are not achieving the goals of the 
        programs.
    (f) Administration.--In carrying out this section, ARPA-E 
may initiate and execute grants, contracts, cooperative 
agreements, and other transactions separate from the Department 
of Energy.
    [(f)] (g) Personnel.--
          (1) Program managers.--
                  (A) In general.--The Director shall designate 
                employees to serve as program managers for each 
                programs established pursuant to the 
                responsibilities established for ARPA-E under 
                subsection (e).
                  (B) Responsibilities.--A program manager of a 
                program shall be responsible for--
                          (i) establishing research and 
                        development goals for the program, 
                        including through the convening of 
                        workshops and conferring with outside 
                        experts, and publicizing the goals of 
                        the program to the public and private 
                        sectors;
                          (ii) soliciting applications for 
                        specific areas of particular promise, 
                        especially areas that the private 
                        sector or the Federal Government are 
                        not likely to undertake alone;
                          (iii) building research 
                        collaborations for carrying out the 
                        program;
                          (iv) selecting on the basis of merit, 
                        with advice under [subsection (j)] 
                        subsection (k) as appropriate, each of 
                        the projects to be supported under the 
                        program after considering--

           *       *       *       *       *       *       *

    [(g)] (h) Reports and Roadmaps.--
          (1) Annual report.--As part of the annual budget 
        request submitted for each fiscal year, the Director 
        shall provide to the relevant authorizing and 
        appropriations committees of Congress a report 
        describing projects supported by ARPA-E during the 
        previous fiscal year.
          (2) Strategic vision roadmap.--Not later than October 
        1, [2008] 2009, and October 1, [2011] 2012, the 
        Director shall provide to the relevant authorizing and 
        appropriations committees of Congress a roadmap 
        describing the strategic vision that ARPA-E will use to 
        guide the choices of ARPA-E for future technology 
        investments over the following 3 fiscal years.
    [(h)] (i) Coordination and Nonduplication.--
          (1) In general.--To the maximum extent practicable, 
        the Director shall ensure that the activities of ARPA-E 
        are coordinated with, and do not duplicate the efforts 
        of, programs and laboratories within the Department and 
        other relevant research agencies.
          (2) Technology transfer coordinator.--To the extent 
        appropriate, the Director may coordinate technology 
        transfer efforts with the Technology Transfer 
        Coordinator appointed under section 1001 of the Energy 
        Policy Act of 2005 (42 U.S.C. 16391).
    [(i)] (j) Federal Demonstration of Technologies.--The 
Secretary shall make information available to purchasing and 
procurement programs of Federal agencies regarding the 
potential to demonstrate technologies resulting from activities 
funded through ARPA-E.
    [(j)] (k) Advice.--
          (1) Advisory committees.--The Director may seek 
        advice on any aspect of ARPA-E from--
                  (A) an existing Department of Energy advisory 
                committee; and
                  (B) a new advisory committee organized to 
                support the programs of ARPA-E and to provide 
                advice and assistance on--
                          (i) specific program tasks; or
                          (ii) overall direction of ARPA-E.
          (2) Additional sources of advice.--In carrying out 
        this section, the Director may seek advice and review 
        from--
                  (A) the President's Committee of Advisors on 
                Science and Technology; and
                  (B) any professional or scientific 
                organization with expertise in specific 
                processes or technologies under development by 
                ARPA-E.
    [(k)] (l) ARPA-E Evaluation.--
          (1) In general.--After ARPA-E has been in operation 
        for [4 years] 7 years, the Secretary shall offer to 
        enter into a contract with the National Academy of 
        Sciences under which the National Academy shall conduct 
        an evaluation of how well ARPA-E is achieving the goals 
        and mission of ARPA-E.
          (2) Inclusions.--The evaluation shall include--
                  (A) the recommendation of the National 
                Academy of Sciences on whether ARPA-E should be 
                continued or terminated; and
                  (B) a description of lessons learned from 
                operation of ARPA-E.
          (3) Availability.--On completion of the evaluation, 
        the evaluation shall be made available to Congress and 
        the public.
    [(l)] (m) Existing authorities.--The authorities granted by 
this section are--
          (1) in addition to existing authorities granted to 
        the Secretary; and
          (2) are not intended to supersede or modify any 
        existing authorities.
    [(m)] (n) Funding.--
          (1) Fund.--There is established in the Treasury of 
        the United States a fund, to be known as the ``Energy 
        Transformation Acceleration Fund'', which shall be 
        administered by the Director for the purposes of 
        carrying out this section.
          (2) Authorization of appropriations.--Subject to 
        paragraphs (4) and (5), there are authorized to be 
        appropriated to the Director for deposit in the Fund, 
        without fiscal year limitation--
                  (A) $300,000,000 for fiscal year 2008; and
                  (B) such sums as are necessary for each of 
                fiscal years 2009 [and 2010] through 2020.
          (3) Separate budget and appropriation.--
                  (A) Budget request.--The budget request for 
                ARPAE shall be separate from the rest of the 
                budget of the Department.
                  (B) Appropriations.--Appropriations to the 
                Fund shall be separate and distinct from the 
                rest of the budget for the Department.
          (4) Limitation.--No amounts may be appropriated for 
        ARPA-E for fiscal year 2008 unless the amount 
        appropriated for the activities of the Office of 
        Science of the Department for fiscal year 2008 exceeds 
        the amount appropriated for the Office for fiscal year 
        2007, as adjusted for inflation in accordance with the 
        Consumer Price Index published by the Bureau of Labor 
        Statistics of the Department of Labor.
          (5) Allocation.--Of the amounts appropriated for a 
        fiscal year under paragraph (2)--
                  (A) not more than 50 percent of the amount 
                shall be used to carry out subsection 
                (e)(3)(D);
                  (B) at least 2.5 percent of the amount shall 
                be used for technology transfer and outreach 
                activities; and
                  (C) no funds may be used for construction of 
                new buildings or facilities during the 5-year 
                period beginning on the date of enactment of 
                this Act.

           *       *       *       *       *       *       *


[SEC. 5012.] SEC. 5013. ADVANCED RESEARCH PROJECTS AGENCY--ENERGY.

    (a) Definitions.--In this section:
          (1) ARPA-E.--The term ``ARPA-E'' means the Advanced 
        Research Projects Agency Energy established by 
        subsection (b).
          (2) Director.--The term ``Director'' means the 
        Director of ARPA-E appointed under subsection (d).
          (3) Fund.--The term ``Fund'' means the Energy 
        Transformation Acceleration Fund established under 
        subsection (m)(1).

           *       *       *       *       *       *       *


              ENERGY INDEPENDENCE AND SECURITY ACT OF 2007


             Public Law 110-140, Approved December 19, 2007


AN ACT To move the United States toward greater energy independence and 
   security, to increase the production of clean renewable fuels, to 
 protect consumers, to increase the efficiency of products, buildings, 
and vehicles, to promote research on and deploy greenhouse gas capture 
   and storage options, and to improve the energy performance of the 
               Federal Government, and for other purposes

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

           *       *       *       *       *       *       *


TITLE I--ENERGY SECURITY THROUGH IMPROVED VEHICLE FUEL ECONOMY

           *       *       *       *       *       *       *



                Subtitle B--Improved Vehicle Technology


SEC. 131. TRANSPORTATION ELECTRIFICATION.

           *       *       *       *       *       *       *


    (d) Education Program.--
          (4) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be 
        necessary to carry out this subsection.
    (e) Market Assessment and Recharging Infrastructure Study.
          (1) Definitions.--In this subsection:
                  (A) Local government.
                          (i) In general.--The term ``local 
                        government'' has the meaning given the 
                        term in section 3371 of title 5, United 
                        States Code.
                          (ii) Inclusions.--The term ``local 
                        government'' includes entities 
                        described in sections 7 and 8 of the 
                        Alaska Native Claims Settlement Act (43 
                        U.S.C. 1606, 1607).
                  (B) Range extension infrastructure.--The term 
                ``range extension infrastructure'' includes 
                equipment, products, or services for recharging 
                plug-in electric vehicles that--
                          (i) are available to retail consumers 
                        of electric drive vehicles on a 
                        nonexclusive basis, including payment 
                        interoperability with other systems; 
                        and
                          (ii) provide for extending driving 
                        range through battery exchange or rapid 
                        recharging.
                  (C) State.--The term ``State'' has the 
                meaning given the term in section 3371 of title 
                5, United States Code.
          (2) Study.--The Secretary, in consultation with the 
        Administrator, and the Secretary of Transportation, 
        shall carry out a program to analyze and assess--
                  (A) the number and distribution of recharging 
                facilities, including range extension 
                infrastructure, that will be required for 
                drivers of plug-in electric drive vehicles and 
                neighborhood electric vehicles to reliably 
                recharge those electric drive vehicles to meet 
                the average needs of the drivers;
                  (B) minimum technical standards for public 
                recharging facilities necessary for widespread 
                deployment;
                  (C) the technical and infrastructure 
                investments that electric utilities and 
                electricity providers will be required to make 
                to support widespread deployment of recharging 
                infrastructure, including an estimate of the 
                investments;
                  (D) existing electric drive transportation 
                technologies and the state of markets for the 
                purchase of those technologies;
                  (E) methods of removing market barriers for 
                existing and emerging applications of electric 
                drive transportation technologies;
                  (F) the potential value to the electric grid 
                of using the energy stored in on-board storage 
                systems to improve the efficiency and 
                reliability of the grid generation system; and
                  (G) the implications of the introduction of 
                plug-in electric drive vehicles and other types 
                of electric transportation on the production of 
                electricity from renewable resources.
          (3) Components.--In conducting the study, the 
        Secretary shall analyze and make recommendations on--
                  (A) the variety and density of recharging 
                infrastructure options necessary to power plug-
                in electric drive vehicles under diverse 
                scenarios, including--
                          (i) the ratio of residential, 
                        commercial, and public recharging 
                        infrastructure options necessary to 
                        support 10 percent-, 20 percent-, and 
                        50 percent-penetration of plug-in 
                        electric vehicles on a city fleet 
                        basis;
                          (ii) the ratio of residential, 
                        commercial, and public recharging 
                        infrastructure options necessary to 
                        support 10 percent-, 20 percent-, and 
                        50 percent-penetration of plug-in 
                        electric vehicles on a regional fleet 
                        basis;
                          (iii) the ratio of residential, 
                        commercial, and public recharging 
                        infrastructure options necessary to 
                        support 10 percent-, 20 percent-, and 
                        50 percent-penetration of plug-in 
                        electric vehicles on a national fleet 
                        basis; and
                          (iv) the potential impact of fast 
                        charging on market penetration rates 
                        for electric drive vehicles and the 
                        effects on electric utilities;
                  (B) the effects on market penetration of 
                reserved parking spots with access to 
                recharging facilities;
                  (C) model codes (including building codes) 
                that need to be updated or otherwise modified 
                to enable widespread deployment of recharging 
                facilities; and
                  (D) such other issues as the Secretary 
                considers to be appropriate.
          (4) Report.--Not later than 1 year after the date of 
        enactment of this subsection, the Secretary shall 
        submit to the Committee on Energy and Natural Resources 
        of the Senate and the Committee on Energy and Commerce 
        of the House of Representatives a report on the results 
        of the study conducted under this subsection, including 
        recommendations.
    (f) Financial Support.--
          (1) In general.--Not later than 18 months after the 
        date of enactment of this subsection, the Secretary 
        shall establish a program to support the deployment and 
        integration of plug-in electric drive vehicles in 
        multiple regions of the United States through the 
        provision of financial support to State and local 
        governments and other entities to assist in the 
        installation of recharging facilities for electric 
        drive vehicles.
          (2) Financial assistance.--In carrying out the 
        program, the Secretary may provide financial assistance 
        described in paragraph (7) to promote the goals 
        described in paragraph (4).
          (3) Regions.--The Secretary shall select regions for 
        financial assistance under this subsection based on 
        applications for the assistance received under 
        paragraph (7), taking into consideration the findings 
        of the study conducted under subsection (e).
          (4) Goals.--The goals of the program established 
        under this subsection shall be--
                  (A) to demonstrate the viability of a 
                vehicle-based transportation system that 
                reduces--
                          (i) the use of petroleum as a fuel; 
                        and
                          (ii) the emissions of greenhouse 
                        gases and other pollutants compared to 
                        a system based on conventional 
                        transportation fuels;
                  (B) to facilitate the integration of advanced 
                vehicle technologies into electricity 
                distribution areas to improve system 
                performance and reliability;
                  (C) to demonstrate the potential benefits of 
                coordinated investments in vehicle 
                electrification on personal mobility and a 
                regional grid;
                  (D) to demonstrate protocols and standards 
                that facilitate vehicle integration into the 
                grid; and
                  (E) to investigate differences in each region 
                and regulatory environment regarding best 
                practices in implementing vehicle 
                electrification.
          (5) Use of funds.--Subject to paragraph (6), the 
        Secretary may provide financial assistance to any 
        applicant that applies for, and receives the approval 
        of the Secretary, under paragraph (7)--
                  (A) to assist persons located in a region 
                (including fleet owners) in the purchase of new 
                plug-in electric drive vehicles by reducing the 
                incremental cost of the vehicles above the cost 
                of comparable conventionally fueled vehicles;
                  (B) to support the use of plug-in electric 
                drive vehicles by funding projects for the 
                deployment of--
                          (i) recharging infrastructure for 
                        plug-in electric drive vehicles 
                        (including range extension 
                        infrastructure);
                          (ii) smart grid equipment and 
                        infrastructure to facilitate the 
                        charging and integration of plug-in 
                        electric drive vehicles; or
                          (iii) the purchase of advanced 
                        batteries for use in plug-in electric 
                        drive vehicles; or
                  (C) to carry out such other projects as the 
                Secretary determines are appropriate to support 
                the large-scale deployment of plug-in electric 
                drive vehicles in regional deployment areas.
          (6) Cost share.--The Secretary shall carry out the 
        programs established under this subsection in 
        accordance with section 988 of the Energy Policy Act of 
        2005 (42 U.S.C. 16352).
          (7) Financial support.--
                  (A) In general. The Secretary may--
                          (i) provide grants to States and 
                        local governments for demonstration and 
                        commercial application of recharging 
                        infrastructure in accordance with 
                        paragraph (8) in accordance with 
                        section 988 of the Energy Policy Act of 
                        2005 (42 U.S.C. 16352); and
                          (ii) consult with the Administrator 
                        of the Clean Energy Deployment 
                        Administration to further the goals of 
                        this section.
                  (B) Applications.--
                          (i) In general.--An applicant that 
                        seeks to receive financial assistance 
                        under this subsection shall submit to 
                        the Secretary an application at such 
                        time, in such manner, and containing 
                        such information as the Secretary 
                        determines are necessary through 
                        rulemaking.
                          (ii) Joint sponsorship.--An 
                        application may be jointly sponsored by 
                        electric utilities, automobile 
                        manufacturers, technology providers, 
                        car-sharing companies or organizations, 
                        or other persons or entities.
                  (C) Requirements.--The design elements and 
                requirements of the program established under 
                this subsection shall include--
                          (i) an evaluation of the financial 
                        mechanisms that will most effectively 
                        promote the purposes of this section;
                          (ii) criteria for evaluating 
                        applications submitted under this 
                        paragraph, taking into consideration 
                        the findings of the study conducted 
                        under subsection (e) (including the 
                        anticipated ability to promote 
                        deployment and market penetration of 
                        plug-in electric drive vehicles that 
                        are less dependent on petroleum as a 
                        fuel source);
                          (iii) reporting requirements for 
                        entities that receive financial 
                        assistance under this subsection, 
                        including a comprehensive set of 
                        performance data that reflect the 
                        results of the program; and
                          (iv) provisions that no proprietary 
                        information, trade secret, or other 
                        confidential information is required to 
                        be disclosed.
          (8) Grants to states and local governments for 
        recharging infrastructure.
                  (A) In general.--The Secretary shall 
                establish a program under which the Secretary 
                shall provide grants and other financial 
                support to States and local governments to 
                assist in the installation of recharging 
                infrastructure for plug-in electric drive 
                vehicles in areas under the jurisdiction of the 
                States or local governments.
                  (B) Eligibility.--To be eligible to obtain a 
                grant or other financial support under this 
                subsection, a State or local government shall--
                          (i) demonstrate to the Secretary that 
                        the applicant has taken into 
                        consideration the findings of the 
                        report submitted under subsection (e), 
                        unless the State or local government 
                        demonstrates to the Secretary that an 
                        alternative variety and density of 
                        recharging infrastructure options would 
                        better meet the purposes of this 
                        section; and
                          (ii) agree not to charge a premium 
                        for use of a parking space used to 
                        recharge an electric drive vehicle 
                        other than a charge for electric 
                        energy.
                  (C) Guidelines.--The Secretary shall 
                establish guidelines for carrying out this 
                subsection that are consistent with the report 
                submitted under subsection (e).
          (9) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary such 
        sums as are necessary to carry out this subsection, to 
        remain available until expended.
    (g) Information Clearinghouse.--As part of the program 
established under this section, the Secretary shall collect and 
make available to the public information regarding the cost, 
performance, and other technical data regarding the deployment 
and integration of plug-in hybrid electric drive vehicles.
    (h) Pilot Program for Plug-in Electric Drive Vehicles.--
          (1) In general.--The Secretary shall establish, as 
        part of the Federal Energy Management Program, a pilot 
        program under which the Secretary shall provide grants 
        for--
                  (A) the incremental cost of precommercial 
                plug-in electric drive vehicles for purchase or 
                lease in an amount not to exceed $10,000 per 
                vehicle purchased or $1,500 per year per 
                vehicle leased; and
                  (B) recharging infrastructure at Federal 
                facilities in conjunction with the vehicles.
          (2) Guidelines.--Not later than 90 days after the 
        date of enactment of this subsection, the Secretary 
        shall issue guidelines for the pilot program 
        established under this subsection.
          (3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are 
        necessary to carry out this subsection for the period 
        of fiscal years 2010 through 2015.
    (i) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out 
subsections (e) and (g).

           *       *       *       *       *       *       *


TITLE IV--ENERGY SAVINGS IN BUILDINGS AND INDUSTRY

           *       *       *       *       *       *       *



Subtitle D--Industrial Energy Efficiency

           *       *       *       *       *       *       *



SEC. 452. ENERGY-INTENSIVE INDUSTRIES PROGRAM.

           *       *       *       *       *       *       *


    (c) Partnerships.--
          (1) In general.--As part of the program, the 
        Secretary shall establish energy efficiency 
        partnerships between the Secretary and eligible 
        entities to conduct research on, develop, and 
        demonstrate new processes, technologies, and operating 
        practices and techniques to significantly improve the 
        energy efficiency of equipment and processes used by 
        energy-intensive industries, including the conduct of 
        activities to--
                  (A) increase the energy efficiency of 
                industrial processes and facilities;
                  (B) research, develop, and demonstrate 
                advanced technologies capable of energy 
                intensity reductions and increased 
                environmental performance; and
                  (C) promote the use of the processes, 
                technologies, and techniques described in 
                subparagraphs (A) and (B).
          [(2) Eligible activities.--Partnership activities 
        eligible for funding under this subsection include--]
          (2) Future of industry program.--

           *       *       *       *       *       *       *

                  (E) the incorporation of technologies and 
                innovations that would significantly improve 
                the energy efficiency and utilization of 
                energy-intensive commercial applications; [and]
                  (F) research to establish (through the 
                Industrial Technologies Program and in 
                collaboration with energy-intensive industries) 
                a road map process under which--
                          (i) industry-specific studies are 
                        conducted to determine the intensity of 
                        energy use, greenhouse gas emissions, 
                        and waste and operating costs, by 
                        process and subprocess;
                          (ii) near-, mid-, and long-term 
                        targets of opportunity are established 
                        for synergistic improvements in 
                        efficiency, sustainability, and 
                        resilience; and
                          (iii) public/private actionable plans 
                        are created to achieve roadmap goals; 
                        and
                  [(F)] (G) any other activities that the 
                Secretary determines to be appropriate.

           *       *       *       *       *       *       *

    (e) Institution of Higher Education-Based Industrial 
Research and Assessment Centers.--
          (1) In general.--The Secretary shall provide funding 
        to institution of higher education-based industrial 
        research and assessment centers, whose purpose shall 
        be--
                  (A) to identify opportunities for optimizing 
                energy efficiency and environmental 
                performance, including assessments of 
                sustainable manufacturing goals and the 
                implementation of information technology 
                advancements for supply chain analysis, 
                logistics, industrial and manufacturing 
                processes, and other purposes;
                  (B) to promote applications of emerging 
                concepts and technologies in small- and medium-
                sized manufacturers;
                  (C) to promote research and development for 
                the use of alternative energy sources to supply 
                heat, power, and new feedstocks for energy-
                intensive industries;
                  (D) to coordinate with appropriate Federal 
                and State research offices, and provide a 
                clearinghouse for industrial process and energy 
                efficiency technical assistance resources; and
                  (E) to coordinate with State-accredited 
                technical training centers and community 
                colleges, while ensuring appropriate services 
                to all regions of the United States.
          (2) Centers of excellence.--
                  (A) In general.--The Secretary shall 
                establish a Center of Excellence at up to 10 of 
                the highest performing industrial research and 
                assessment centers, as determined by the 
                Secretary.
                  (B) Duties.--A Center of Excellence shall 
                coordinate with and advise the industrial 
                research and assessment centers located in the 
                region of the Center of Excellence.
                  (C) Funding.--Subject to the availability of 
                appropriations, of the funds made available 
                under subsection (f), the Secretary shall use 
                to support each Center of Excellence not less 
                than $500,000 for fiscal year 2010 and each 
                fiscal year thereafter, as determined by the 
                Secretary.
          (3) Expansion of centers.--The Secretary shall 
        provide funding to establish additional industrial 
        research and assessment centers at institutions of 
        higher education that do not have industrial research 
        and assessment centers established under paragraph (1), 
        taking into account the size of, and potential energy 
        efficiency savings for, the manufacturing base within 
        the region of the proposed center.
          (4) Coordination.--
                  (A) In general.--To increase the value and 
                capabilities of the industrial research and 
                assessment centers, the centers shall--
                          (i) coordinate with Manufacturing 
                        Extension Partnership Centers of the 
                        National Institute of Science and 
                        Technology;
                          (ii) coordinate with the Building 
                        Technologies Program of the Department 
                        of Energy to provide building 
                        assessment services to manufacturers;
                          (iii) increase partnerships with the 
                        National Laboratories of the Department 
                        of Energy to leverage the expertise and 
                        technologies of the National 
                        Laboratories for national industrial 
                        and manufacturing needs;
                          (iv) identify opportunities for 
                        reducing greenhouse gas emissions; and
                          (v) promote sustainable manufacturing 
                        practices for small- and medium-sized 
                        manufacturers.
          (5) Outreach.--The Secretary shall provide funding 
        for--
                  (A) outreach activities by the industrial 
                research and assessment centers to inform 
                small- and medium-sized manufacturers of the 
                information, technologies, and services 
                available; and
                  (B) a full-time equivalent employee at each 
                center of excellence whose primary mission 
                shall be to coordinate and leverage the efforts 
                of the center with--
                          (i) Federal and State efforts;
                          (ii) the efforts of utilities; and
                          (iii) the efforts of other centers in 
                        the region of the center of excellence.
          (6) Workforce training.--
                  (A) In general.--The Secretary shall pay the 
                Federal share of associated internship programs 
                under which students work with industries and 
                manufacturers to implement the recommendations 
                of industrial research and assessment centers.
                  (B) Federal share.--The Federal share of the 
                cost of carrying out internship programs 
                described in subparagraph (A) shall be 50 
                percent.
                  (C) Funding.--Subject to the availability of 
                appropriations of appropriations, of the funds 
                made available under subsection (f), the 
                Secretary shall use to carry out this paragraph 
                not less than $5,000,000 for fiscal year 2010 
                and each fiscal year thereafter.
          (7) Small business loans.--The Administrator of the 
        Small Business Administration shall, to the maximum 
        practicable, expedite consideration of applications 
        from eligible small business concerns for loans under 
        the Small Business Act (15 U.S.C. 6319 et seq.) to 
        implement recommendations of industrial research and 
        assessment centers established under paragraph (1).
    (f) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated to the Secretary to carry out this 
        section--
                  (A) $184,000,000 for fiscal year 2008;
                  (B) $190,000,000 for fiscal year 2009;
                  (C) [$196,000,000] $216,000,000 for fiscal 
                year 2010;
                  (D) [$202,000,000] $232,000,000 for fiscal 
                year 2011;
                  (E) [$208,000,000] $248,000,000 for fiscal 
                year 2012; and
                  (F) such sums as are necessary for fiscal 
                year 2013 and each fiscal year thereafter.
          (2) Partnership activities.--Of the amounts made 
        available under paragraph (1), not less than 50 percent 
        shall be used to pay the Federal share of partnership 
        activities under subsection (c).
          (3) Coordination and nonduplication.--The Secretary 
        shall coordinate efforts under this section with other 
        programs of the Department and other Federal agencies 
        to avoid duplication of effort.
          (4) Industrial research and assessment centers.--Of 
        the amounts made available under paragraph (1), the 
        Secretary shall use to provide funding to industrial 
        research and assessment centers under subsection (e) 
        not less than--
                  (A) $20,000,000 for fiscal year 2010;
                  (B) $30,000,000 for fiscal year 2011; and
                  (C) $40,000,000 for fiscal year 2012 and each 
                fiscal year thereafter.

           *       *       *       *       *       *       *


TITLE V--ENERGY SAVINGS IN GOVERNMENT AND PUBLIC INSTITUTIONS

           *       *       *       *       *       *       *



Subtitle C--Energy Efficiency in Federal Agencies

           *       *       *       *       *       *       *



[SEC. 526. PROCUREMENT AND ACQUISITION OF ALTERNATIVE FUELS.

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

SEC. 526. PROCUREMENT AND ACQUISITION OF ALTERNATIVE FUELS.

    (a) In general.--Except as provided in subsection (b), no 
Federal agency shall enter into a contract for procurement of 
an alternative or synthetic fuel, including a fuel produced 
from nonconventional petroleum sources, for any mobility-
related use other than for research or testing, unless the 
contract specifies that the lifecycle greenhouse gas emissions 
associated with the production and combustion of the fuel 
supplied under the contract, on an ongoing basis, be less than 
or equal to such emissions from the equivalent conventional 
fuel produced from conventional petroleum sources.
    (b) Exceptions.--Subsection (a) shall not prohibit a 
Federal agency from entering into a contract to purchase a 
generally available fuel that is produced, in whole or in part, 
from a nonconventional petroleum source if--
          (1) the contract does not specifically require the 
        contractor to provide a fuel from a nonconventional 
        petroleum source;
          (2) the purpose of the contract is not to obtain a 
        fuel from a nonconventional petroleum source; and
          (3) the contract does not provide incentives 
        (excluding compensation at market prices for the 
        purchase of fuel purchased) for a refinery upgrade or 
        expansion to allow a refinery to use or increase the 
        use by the refinery of fuel from a nonconventional 
        petroleum source.

           *       *       *       *       *       *       *


TITLE VI--ACCELERATED RESEARCH AND DEVELOPMENT

           *       *       *       *       *       *       *



Subtitle C--Marine and Hydrokinetic Renewable Energy Technologies

           *       *       *       *       *       *       *



SEC. 633. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND 
                    DEVELOPMENT.

    (a) In General.--The Secretary, in consultation with the 
Secretary of the Interior and the Secretary of Commerce, acting 
through the Under Secretary of Commerce for Oceans and 
Atmosphere, shall establish a program of research, development, 
demonstration, and commercial application to expand marine and 
hydrokinetic renewable energy production, including programs 
to--

           *       *       *       *       *       *       *

          (13) identifying opportunities for cross 
        fertilization and development of economies of scale 
        between other renewable sources and marine and 
        hydrokinetic renewable energy sources[; and]
          (14) providing public information and opportunity for 
        public comment concerning all technologies[.]; and
          (15)(A) apply advanced systems engineering and system 
        integration methods to identify critical interfaces and 
        develop open standards for marine and hydrokinetic 
        renewable energy;
                  (B) transfer the resulting intellectual 
                property to industry stakeholders as public 
                information through published interface 
                definition, standards, and demonstration 
                projects; and
                  (C) develop incentives for industry to comply 
                with the standards.

           *       *       *       *       *       *       *


    Subtitle D--Energy Storage for Transportation and Electric Power


SEC. 641. ENERGY STORAGE COMPETITIVENESS.

           *       *       *       *       *       *       *


    (l) Domestic Vehicle Battery Manufacturing Research.--
          (1) In general.--The Secretary, acting through the 
        Assistant Secretary for Energy Efficiency and Renewable 
        Energy, shall conduct a research program on 
        manufacturing batteries and battery systems to support 
        electric drive vehicles.
          (2) Purposes.--The purpose of the program shall be to 
        improve existing processes, or develop new 
        manufacturing processes, to enable higher quality and 
        less expensive energy batteries for electric drive 
        vehicles.
          (3) Participants.--The program shall be conducted by 
        teams of researchers, which may include--
                  (A) energy storage systems manufacturers;
                  (B) material and equipment suppliers of 
                battery and battery system manufacturers;
                  (C) electric drive vehicle manufacturers;
                  (D) National Laboratories;
                  (E) other Federal agencies;
                  (F) State and local governments; and
                  (G) institutions of higher education.
    [(l)] (m) Cost sharing.--The Secretary shall carry out the 
programs established under this section in accordance with 
section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352).
    [(m)] (n) Merit Review of Proposals.--The Secretary shall 
carry out the programs established under subsections (i), (j), 
[and (k)] (k), and (l) in accordance with section 989 of the 
Energy Policy Act of 2005 (42 U.S.C. 16353).
    [(n)] (o) Coordination and Nonduplication.--To the maximum 
extent practicable, the Secretary shall coordinate activities 
under this section with other programs and laboratories of the 
Department and other Federal research programs.
    [(o)] (p) Review by National Academy of Sciences.--On the 
business day that is 5 years after the date of enactment of 
this Act, the Secretary shall offer to enter into an 
arrangement with the National Academy of Sciences to assess the 
performance of the Department in carrying out this section.
    [(p)] (q) Authorization of Appropriations.--There are 
authorized to be appropriated to carry out--
          (1) the basic research program under subsection (f) 
        $50,000,000 for each of fiscal years 2009 through 2018;
          (2) the applied research program under subsection (g) 
        $80,000,000 for each of fiscal years 2009 through 2018;
          (3) the energy storage research center program under 
        subsection (h) $100,000,000 for each of fiscal years 
        2009 through 2018;
          (4) the energy storage systems demonstration program 
        under subsection (i) $30,000,000 for each of fiscal 
        years 2009 through 2018;
          (5) the vehicle energy storage demonstration program 
        under subsection (j) $30,000,000 for each of fiscal 
        years 2009 through 2018; [and]
          (6) the secondary applications and disposal of 
        electric drive vehicle batteries program under 
        subsection (k) $5,000,000 for each of fiscal years 2009 
        through 2018[.]; and
          (7) the domestic vehicle energy storage manufacturing 
        research program under subsection (l) such sums as are 
        necessary for each of fiscal years 2009 through 2018.

           *       *       *       *       *       *       *


                  Subtitle E--Miscellaneous Provisions


SEC. 651. LIGHTWEIGHT MATERIALS RESEARCH AND DEVELOPMENT.

    (a) In general.--As soon as practicable after the date of 
enactment of this Act, the Secretary of Energy shall establish 
a program to determine ways in which the weight of motor 
vehicles could be reduced to improve fuel efficiency without 
compromising passenger safety by conducting research, 
development, and demonstration relating to--
          (1) the development of new materials (including cast 
        metal composite materials formed by autocombustion 
        synthesis) and material processes that yield a higher 
        strength-to-weight ratio or other properties that 
        reduce vehicle weight; and
          (2) reducing the cost of
                  (A) lightweight materials (including high-
                strength steel alloys, aluminum, magnesium, 
                metal composites, and carbon fiber reinforced 
                polymer composites) with the properties 
                required for construction of lighter-weight 
                vehicles; and
                  (B) materials processing, automated 
                manufacturing, joining, and recycling 
                lightweight materials for high-volume 
                applications.
    [(b) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $80,000,000 for 
the period of fiscal years 2008 through 2012.]
    (b) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $100,000,000 for 
the period of fiscal years 2010 through 2013.

           *       *       *       *       *       *       *


              TITLE VII--CARBON CAPTURE AND SEQUESTRATION


Subtitle A--Carbon Capture and Sequestration Research, Development, and 
Demonstration

           *       *       *       *       *       *       *



SEC. 703. CARBON CAPTURE.

    (a) Program Establishment.--

           *       *       *       *       *       *       *

          (3) Preferences for award.--To ensure reduced carbon 
        dioxide emissions, the Secretary shall take necessary 
        actions to provide for the integration of the program 
        under this paragraph with the large-scale carbon 
        dioxide sequestration tests described in [section 
        963(c)(3) of the Energy Policy Act of 2005 (42 U.S.C. 
        16293(c)(3))] section 963(d)(3) of the Energy Policy 
        Act of 2005 (42 U.S.C. 16293(d)(3), as added by section 
        702 of this subtitle. These actions should not delay 
        implementation of these tests. The Secretary shall give 
        priority consideration to projects with the following 
        characteristics:

           *       *       *       *       *       *       *


SEC. 704. REVIEW OF LARGE-SCALE PROGRAMS.

    The Secretary shall enter into an arrangement with the 
National Academy of Sciences for an independent review and 
oversight, beginning in 2011, of the programs under [section 
963(c)(3) of the Energy Policy Act of 2005 (42 U.S.C. 
16293(c)(3))] section 963(d)(3) of the Energy Policy Act of 
2005 (42 U.S.C. 16293(d)(3), as added by section 702 of this 
subtitle, and under section 703 of this subtitle, to ensure 
that the benefits of such programs are maximized. Not later 
than January 1, 2012, the Secretary shall transmit to the 
Congress a report on the results of such review and oversight.

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