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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1321 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1321

   To establish energy policies to make measurable gains in reducing 
 dependence on foreign oil, saving Americans money, increasing United 
     States competitiveness, improving energy security, improving 
           environmental stewardship, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 30, 2011

   Mr. Lugar introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To establish energy policies to make measurable gains in reducing 
 dependence on foreign oil, saving Americans money, increasing United 
     States competitiveness, improving energy security, improving 
           environmental stewardship, 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 ``Practical Energy 
Plan Act of 2011''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                TITLE I--REDUCING FOREIGN OIL DEPENDENCE

              Subtitle A--Expanded Domestic Oil Production

Sec. 101. Oil production through carbon dioxide sequestration.
Sec. 102. Restoring Gulf of Mexico oil production.
Sec. 103. Safety assessments.
Sec. 104. Restoring oil and gas lease sales.
Sec. 105. Equal treatment of permits in Alaska.
Sec. 106. Offshore resource review and seismic surveys.
                     Subtitle B--Vehicle Efficiency

Sec. 111. Fuel efficiency planning.
                        Subtitle C--Fuel Choice

Sec. 121. Competitive production incentives for advanced renewable 
                            fuels.
Sec. 122. Fuel options through the availability of dual fueled vehicles 
                            and light duty trucks.
                       Subtitle D--Federal Fleets

Sec. 131. Department of Defense alternative fuels contracting.
Sec. 132. Fuels for national security agencies.
Sec. 133. Savings from transportation energy performance contracts.
                      TITLE II--ENERGY EFFICIENCY

              Subtitle A--Energy Performance in Buildings

Sec. 201. Saving energy in new buildings.
Sec. 202. Enabling homes and buildings energy retrofits.
Sec. 203. Rural energy savings.
                     Subtitle B--Federal Properties

Sec. 211. Energy efficient Federal buildings.
Sec. 212. Accelerating energy savings performance contracts.
Sec. 213. Sense of Congress on inclusion of energy efficiency as 
                            selection criteria for base closure and 
                            realignment decisions.
Sec. 214. Federal property realignment and savings.
     Subtitle C--Industrial and Power Generation Energy Efficiency

Sec. 221. State partnership industrial energy efficiency revolving loan 
                            program.
Sec. 222. Study of new source review to encourage energy efficiency.
      Subtitle D--Procurement, Equipment, and Appliance Efficiency

Sec. 231. Appliance and equipment efficiency.
Sec. 232. Federal procurement and usage of energy efficient products.
                   TITLE III--MEASUREMENT AND REVIEW

Sec. 301. Measurement and review.

                TITLE I--REDUCING FOREIGN OIL DEPENDENCE

              Subtitle A--Expanded Domestic Oil Production

SEC. 101. OIL PRODUCTION THROUGH CARBON DIOXIDE SEQUESTRATION.

    (a) Pioneer Projects.--
            (1) Investment tax credit.--
                    (A) In general.--Subpart E of part IV of subchapter 
                A of chapter 1 of the Internal Revenue Code of 1986 is 
                amended by inserting after section 48D the following 
                new section:

``SEC. 48E. PIONEER PROJECT INVESTMENT CREDIT.

    ``(a) In General.--For purposes of section 46, the pioneer project 
investment credit for any taxable year is an amount equal to 70 percent 
of the qualified investment for such taxable year with respect to any 
qualifying pioneer project.
    ``(b) Qualified Investment.--
            ``(1) In general.--For purposes of subsection (a), the 
        qualified investment for any taxable year is basis of eligible 
        property placed in service by the taxpayer during such taxable 
        year which is part of a qualifying pioneer project--
                    ``(A)(i) the construction, reconstruction, or 
                erection of which is completed by the taxpayer, or
                    ``(ii) which is acquired by the taxpayer if the 
                original use of such property commences with the 
                taxpayer, and
                    ``(B) with respect to which depreciation (or 
                amortization in lieu of depreciation) is allowable.
            ``(2) Special rule for certain subsidized property.--Rules 
        similar to section 48(a)(4) (without regard to subparagraph (D) 
        thereof) shall apply for purposes of this section.
            ``(3) Certain qualified progress expenditures rules made 
        applicable.--Rules similar to the rules of subsections (c)(4) 
        and (d) of section 46 (as in effect on the day before the 
        enactment of the Revenue Reconciliation Act of 1990) shall 
        apply for purposes of this section.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Qualifying pioneer project.--The term `qualifying 
        pioneer project' means a project--
                    ``(A) which captures carbon dioxide which is--
                            ``(i) emitted in connection with--
                                    ``(I) power generation, or
                                    ``(II) industrial production,
                            ``(ii) subject to an eligible enhanced oil 
                        recovery contract, and
                            ``(iii) delivered for use in a qualified 
                        enhanced oil recovery project (as defined in 
                        section 43(c)(2)) by means of a qualified 
                        carbon dioxide trunkline,
                    ``(B) with respect to which carbon dioxide has not 
                been delivered for reuse, geological sequestration, or 
                enhanced oil recovery at any time before carbon dioxide 
                is delivered for use in a qualified enhanced oil 
                recovery project pursuant to the eligible enhanced oil 
                recovery contract, and
                    ``(C) which is certified by the Secretary under 
                subsection (d).
            ``(2) Eligible enhanced oil recovery contract.--The term 
        `eligible enhanced oil recovery contract' means a contract--
                    ``(A) which requires the delivery of carbon dioxide 
                which is--
                            ``(i) to be used in connection with a 
                        qualified enhanced oil recovery project (as so 
                        defined), and
                            ``(ii) to be disposed of in secure 
                        geological storage (within the meaning of 
                        section 45Q),
                    ``(B) which specifies such delivery over a period 
                of not less than 10 years, and
                    ``(C) under which the first such delivery occurs 
                after the date of the enactment of this section.
            ``(3) Qualified carbon dioxide trunkline.--The term 
        `qualified carbon dioxide trunkline' means a pipeline--
                    ``(A) which is for the transportation of carbon 
                dioxide for use in qualified enhanced oil recovery 
                projects (as so defined),
                    ``(B) which has a free flow capacity of not less 
                than 7,500,000 metric tons per year,
                    ``(C) which extends not less than 300 miles, and
                    ``(D) the construction of which is started after 
                the date of the enactment of this section.
            ``(4) Eligible property.--The term `eligible property' 
        means any property which is a part of a qualifying pioneer 
        project and--
                    ``(A) in the case of any qualifying pioneer project 
                with respect to which the isolation and capture of 
                carbon dioxide is integral to the primary function of 
                the project (as determined by the Secretary in 
                consultation with the Secretary of Energy), which--
                            ``(i) is necessary for the additional 
                        compression of carbon dioxide, and
                            ``(ii) would not be used in connection with 
                        such project if such project were not designed 
                        to compress carbon dioxide, and
                    ``(B) in any other case, which--
                            ``(i) is necessary for the isolation and 
                        capture of carbon dioxide, and
                            ``(ii) would not be used in connection with 
                        such project if such project were not designed 
                        to capture carbon dioxide.
    ``(d) Certification.--
            ``(1) In general.--Subject to the limitations under 
        paragraph (2), the Secretary, in consultation with the 
        Secretary of Energy, shall certify a project as a qualifying 
        pioneer project if the Secretary determines that such project 
        meets the requirements of subsection (c)(1)(A). Projects shall 
        be certified in the order in which requests for certification 
        are received by the Secretary.
            ``(2) Limitations.--
                    ``(A) In general.--The aggregate amount of carbon 
                dioxide required to be delivered under eligible 
                enhanced oil recovery contracts for all qualifying 
                pioneer projects certified by the Secretary shall not 
                exceed 25,000,000 metric tons in any year.
                    ``(B) Industrial production sources.--The aggregate 
                amount of carbon dioxide required to be delivered under 
                eligible enhanced oil recovery contracts for all 
                qualifying pioneer projects certified by the Secretary 
                with respect to sources described in subsection 
                (c)(1)(A)(i)(II) shall not exceed 12,500,000 metric 
                tons in any year.
                    ``(C) Trunkline capacity.--The Secretary shall not 
                certify as a qualifying pioneer project any project if 
                the sum of--
                            ``(i) the amount of carbon dioxide required 
                        to be delivered under the eligible enhanced oil 
                        recovery contract with respect to such project 
                        in any year, plus
                            ``(ii) the amount carbon dioxide required 
                        to be delivered in such year under all other 
                        qualifying pioneer projects previously 
                        certified by the Secretary and using the same 
                        qualified carbon dioxide trunkline as such 
                        project,
                exceeds 60 percent of the greater of the free flow or 
                operational capacity of such qualified carbon dioxide 
                trunkline.
            ``(3) Coordination with deployment project credit.--The 
        Secretary shall not certify any project under this subsection 
        if such project has been certified under section 45T.
    ``(e) Other Rules.--
            ``(1) Transfer of credit.--
                    ``(A) In general.--A taxpayer who makes a qualified 
                investment may transfer the credit allowed under this 
                section with respect a qualifying pioneer project 
                through an assignment to any party to the eligible 
                enhanced oil recovery contract in connection with such 
                qualifying pioneer project. Such transfer may be 
                revoked only with the consent of the Secretary.
                    ``(B) Regulations.--The Secretary shall prescribe 
                such regulations as necessary to ensure that any credit 
                transferred under subparagraph (A) is claimed once and 
                not reassigned by such other person.
            ``(2) Recapture.--The Secretary shall provide for 
        recapturing the benefit of any credit allowable under 
        subsection (a) with respect to any project which ceases to be a 
        qualifying pioneer project.''.
                    (B) Inclusion as part of investment credit.--
                Section 46 of such Code is amended--
                            (i) by striking ``and'' at the end of 
                        paragraph (5),
                            (ii) by striking the period at the end of 
                        paragraph (6) and inserting ``, and'', and
                            (iii) by adding at the end the following 
                        new paragraph:
            ``(7) the pioneer project investment credit.''.
                    (C) Conforming amendments.--Section 49(a)(1)(C) of 
                such Code is amended--
                            (i) by striking ``and'' at the end of 
                        clause (v),
                            (ii) by striking the period at the end of 
                        clause (vi) and inserting ``, and'', and
                            (iii) by adding at the end the following 
                        new clause:
                            ``(vii) the basis of any property which is 
                        part of a qualifying pioneer project under such 
                        section 48E.''.
                    (D) Clerical amendment.--The table of sections for 
                subpart E of part IV of subchapter A of chapter 1 of 
                such Code is amended by inserting after the item 
                relating to section 48D the following new item:

``Sec. 48E. Pioneer project investment credit.''.
                    (E) Effective date.--The amendments made by this 
                paragraph shall apply to periods beginning after the 
                date of the enactment of this Act, under rules similar 
                to the rules of section 48(m) of the Internal Revenue 
                Code of 1986 (as in effect on the day before the date 
                of the enactment of the Revenue Reconciliation Act of 
                1990).
            (2) Production tax credit.--
                    (A) In general.--Subpart D of part IV of subchapter 
                A of chapter 1 of the Internal Revenue Code of 1986 is 
                amended by adding at the end the following new section:

``SEC. 45S. PIONEER PROJECT CARBON DIOXIDE PRODUCTION CREDIT.

    ``(a) General Rule.--For purposes of section 38, the pioneer 
project production credit for any taxable year is an amount equal to 
the sum of the quarterly carbon dioxide production credits of the 
taxpayer for such taxable year.
    ``(b) Quarterly Carbon Dioxide Production Credit.--For purposes of 
this section--
            ``(1) In general.--The quarterly carbon dioxide production 
        credit of a taxpayer for the portion of any calendar quarter 
        within the taxable year of the taxpayer is equal to the product 
        of--
                    ``(A) the credit amount with respect to such 
                calendar quarter, and
                    ``(B) the number of metric tons of carbon dioxide 
                which is--
                            ``(i) captured by the taxpayer at 
                        qualifying pioneer projects during the portion 
                        of the calendar quarter which is within such 
                        taxpayer's taxable year, and
                            ``(ii) subject to an eligible enhanced oil 
                        recovery contract.
            ``(2) Credit amount.--
                    ``(A) In general.--The credit amount with respect 
                to any calendar quarter is $30 reduced (but not below 
                zero) by the amount (if any) determined under 
                subparagraph (B).
                    ``(B) Amount of reduction.--The amount determined 
                under this paragraph is the amount equal to 50 percent 
                of the excess of--
                            ``(i) the average price per barrel of West 
                        Texas Intermediate crude oil for the preceding 
                        calendar quarter, over
                            ``(ii) $80.
            ``(3) Limitation.--No amount of carbon dioxide shall taken 
        into account under paragraph (1)(B) with respect to a 
        qualifying pioneer project after the date which is 10 years 
        after the date on which such qualifying pioneer project begins 
        delivery of carbon dioxide for enhanced oil recovery but not 
        less than 1 year after the project is placed in service.
    ``(c) Definitions and Other Rules.--For purposes of this section--
            ``(1) Qualifying pioneer project; eligible enhanced oil 
        recovery contract.--The terms `qualifying pioneer project' and 
        `eligible enhanced oil recovery contract' have the meanings 
        given such terms in section 48E.
            ``(2) Transfer of credit.--
                    ``(A) In general.--A taxpayer may transfer the 
                credit allowed under this section with respect a 
                qualifying pioneer project through an assignment to any 
                party to the eligible enhanced oil recovery contract 
                with respect to such qualifying pioneer project. Such 
                transfer may be revoked only with the consent of the 
                Secretary.
                    ``(B) Regulations.--The Secretary shall prescribe 
                such regulations as necessary to ensure that any credit 
                transferred under subparagraph (A) is claimed once and 
                not reassigned by such other person.
            ``(3) Recapture.--The Secretary shall provide for 
        recapturing the benefit of any credit allowable under 
        subsection (a) with respect to any project which ceases to be a 
        qualifying pioneer project.
            ``(4) Election not to claim credit.--This section shall not 
        apply to a taxpayer for any taxable year if such taxpayer 
        elects to have this section not apply for such taxable year.''.
                    (B) Credit to be part of general business credit.--
                Subsection (b) of section 38 of such Code is amended by 
                striking ``plus'' at the end of paragraph (35), by 
                striking the period at the end of paragraph (36) and 
                inserting ``, plus'', and by adding at the end the 
                following new paragraph:
            ``(37) the pioneer project production credit determined 
        under section 45S(a).''.
                    (C) Coordination with section 45q.--Subsection (d) 
                of section 45Q of such Code is amended by adding at the 
                end the following new paragraph:
            ``(8) No double benefit.--No credit shall be allowed under 
        this section for the capture of any carbon dioxide with respect 
        to which a credit is allowed under section 45S.''.
                    (D) Conforming amendments.--
                            (i) The table of sections for subpart D of 
                        part IV of subchapter A of chapter 1 of such 
                        Code is amended by inserting after the item 
                        relating to section 45R the following new item:

``Sec. 45S. Pioneer project carbon dioxide production credit.''.
                            (ii) Section 6501(m) of such Code is 
                        amended by inserting ``45S(c)(4),'' after 
                        ``45H(g),''.
                    (E) Effective date.--The amendments made by this 
                paragraph shall apply to taxable years beginning after 
                the date of the enactment of this Act.
    (b) Deployment Projects.--
            (1) Production tax credit.--
                    (A) In general.--Subpart D of part IV of subchapter 
                A of chapter 1 of the Internal Revenue Code of 1986, as 
                amended by subsection (a)(2), is amended by adding at 
                the end the following new section:

``SEC. 45T. DEPLOYMENT PROJECT CARBON DIOXIDE PRODUCTION CREDIT.

    ``(a) General Rule.--For purposes of section 38, the deployment 
project production credit for any taxable year is an amount equal to 
the product of--
            ``(1) the applicable dollar amount, and
            ``(2) the number of metric tons of carbon dioxide which 
        is--
                    ``(A) captured by the taxpayer at qualifying 
                deployment projects during the 10-year period beginning 
                on the date the project begins delivery of carbon 
                dioxide but not later then 1 year following the date 
                the project is certified under subsection (d), and
                    ``(B) delivered by the taxpayer under an eligible 
                enhanced oil recovery contract during the taxable year.
    ``(b) Applicable Dollar Amount.--For purposes of this section--
            ``(1) In general.--The applicable dollar amount is the 
        lesser of--
                    ``(A) the source cap dollar amount, or
                    ``(B) the amount bid by the taxpayer in the 
                application submitted under subsection (d)(2).
            ``(2) Source cap dollar amount.--For purposes of paragraph 
        (1), the source cap dollar amount is--
                    ``(A) $70, in the case of a qualifying deployment 
                project which captures carbon dioxide emitted in 
                connection with power generation,
                    ``(B) $25, in the case of a qualifying deployment 
                project--
                            ``(i) which captures carbon dioxide emitted 
                        in connection with industrial production, and
                            ``(ii) with respect to which the isolation 
                        and capture of the carbon dioxide is integral 
                        to the primary function of the project, and
                    ``(C) $35, in the case of any other qualifying 
                deployment project which captures carbon dioxide 
                emitted in connection with industrial production.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Qualifying deployment project.--The term `qualifying 
        deployment project' means a project--
                    ``(A) which captures carbon dioxide which is--
                            ``(i) emitted in connection with--
                                    ``(I) power generation, or
                                    ``(II) industrial production, and
                            ``(ii) subject to an eligible enhanced oil 
                        recovery contract,
                    ``(B) with respect to which carbon dioxide has not 
                been delivered for reuse, geological sequestration, or 
                enhanced oil recovery at any time before carbon dioxide 
                is delivered for use in a qualified enhanced oil 
                recovery project pursuant to the eligible enhanced oil 
                recovery contract, and
                    ``(C) which is certified by the Secretary under 
                subsection (d).
            ``(2) Eligible enhanced oil recovery contract.--The term 
        `eligible enhanced oil recovery contract' has the meaning given 
        such term under section 48E.
    ``(d) Qualifying Deployment Project Program.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of this section, the Secretary, in 
        consultation with the Secretary of Energy, shall establish a 
        qualifying deployment project program for the certification of 
        qualifying deployment projects.
            ``(2) Certification.--
                    ``(A) In general.--Each year, the Secretary shall 
                select projects for certification from among the 
                applications submitted for such year. No projects may 
                be certified in any calendar year after the 15th 
                calendar year in which certifications have been made 
                under the program.
                    ``(B) Annual limitation on certifications.--
                            ``(i) In general.--The aggregate amount of 
                        carbon dioxide required to be delivered under 
                        eligible enhanced oil recovery contracts for 
                        all qualifying deployment projects certified by 
                        the Secretary for any calendar year shall not 
                        exceed 15,000,000 metric tons per year.
                            ``(ii) Carryover of unused limitation.--If 
                        the limitation under clause (i) exceeds the 
                        aggregate amount of carbon dioxide required to 
                        be delivered under eligible enhanced oil 
                        recovery contracts for all qualifying 
                        deployment projects certified by the Secretary 
                        in any year, the limitation under clause (i) 
                        for the succeeding year shall be increased by 
                        the amount of such excess.
                    ``(C) Requirements for applications for 
                certification.--An application submitted under 
                subparagraph (A) shall contain--
                            ``(i) the applicable dollar amount which 
                        the taxpayer bids for the project, and
                            ``(ii) such other information as the 
                        Secretary may require in order to make a 
                        determination to accept or reject an 
                        application for certification.
                Any information contained in the application shall be 
                protected as provided in section 552(b)(4) of title 5, 
                United States Code.
                    ``(D) Certification criteria.--The Secretary shall 
                certify those projects that are determined by bid to 
                provide the largest delivery of carbon dioxide for each 
                dollar of credit expected to be allowed under 
                subsection (a) in connection with such project.
                    ``(E) Coordination with pioneer project credit.--
                The Secretary shall not certify any project under this 
                subsection if such project has been certified under 
                section 48E.
            ``(3) Suspension.--The Secretary shall not certify any 
        project under this subsection during the 1-year period after 
        which an affirmative determination is made under section 
        105(b)(2)(B)(ii) of the Practical Energy Plan Act of 2011.
    ``(e) Other Rules.--
            ``(1) Transfer of credit.--
                    ``(A) In general.--A taxpayer who makes a qualified 
                investment may transfer the credit allowed under this 
                section with respect a qualifying deployment project 
                through an assignment to any party to the eligible 
                enhanced oil recovery contract with respect to such 
                qualifying deployment project. Such transfer may be 
                revoked only with the consent of the Secretary.
                    ``(B) Regulations.--The Secretary shall prescribe 
                such regulations as necessary to ensure that any credit 
                transferred under subparagraph (A) is claimed once and 
                not reassigned by such other person.
            ``(2) Recapture.--The Secretary shall provide for 
        recapturing the benefit of any credit allowable under 
        subsection (a) with respect to any project which ceases to be a 
        qualifying deployment project.
            ``(3) Election not to claim credit.--This section shall not 
        apply to a taxpayer for any taxable year if such taxpayer 
        elects to have this section not apply for such taxable year.''.
                    (B) Credit to be part of general business credit.--
                Subsection (b) of section 38 of such Code, as amended 
                by subsection (a)(2), is amended by striking ``plus'' 
                at the end of paragraph (36), by striking the period at 
                the end of paragraph (37) and inserting ``, plus'', and 
                by adding at the end the following new paragraph:
            ``(38) the deployment project production credit determined 
        under section 45T(a).''.
                    (C) Coordination with section 45q.--Paragraph (8) 
                of section 45Q(d) of such Code, as added by subsection 
                (a)(2), is amended by inserting ``or 45T'' after 
                ``45S''.
                    (D) Conforming amendments.--
                            (i) The table of sections for subpart D of 
                        part IV of subchapter A of chapter 1 of such 
                        Code, as amended by subsection (a)(2) is 
                        amended by inserting after the item relating to 
                        section 45S the following new item:

``Sec. 45T. Deployment project carbon dioxide production credit.''.
                            (ii) Section 6501(m) of such Code is 
                        amended by inserting ``45T(e)(3),'' after 
                        ``45S(c)(4),''.
                    (E) Effective date.--The amendments made by this 
                paragraph shall apply to taxable years beginning after 
                the date of the enactment of this Act.
                    (F) Secretarial review of source cap dollar 
                amounts.--
                            (i) In general.--Each year, the Secretary 
                        shall review the source cap dollar amounts 
                        under section 45T(b)(2) to determine whether 
                        such amounts are appropriate given the 
                        technological advancement.
                            (ii) Report.--If the Secretary determines 
                        that such source cap dollar amount should be 
                        adjusted, the Secretary shall submit to 
                        Congress a report detailing recommended 
                        modifications to such dollar amounts.
            (2) Revenue generating fail-safe.--
                    (A) Projections.--Beginning on the date that is 4 
                years after the date of the enactment of this Act, and 
                on an annual basis thereafter, the Secretary of the 
                Treasury (or the Secretary's delegate), in consultation 
                with the Securities and Exchange Commission and the 
                Secretary of Energy, shall--
                            (i) project the present value of--
                                    (I) the expected increase in 
                                Federal revenues (from income taxes, 
                                royalties, and other sources) 
                                attributable to increases in oil 
                                production from enhanced oil recovery 
                                methods using carbon dioxide from 
                                qualifying pioneer projects (as defined 
                                in section 48E of the Internal Revenue 
                                Code) and qualifying deployment 
                                projects (as defined in section 45T of 
                                such Code), and
                                    (II) the revenue costs associated 
                                with the credits allowed under sections 
                                45S, 45T, and 48E of such Code, and
                            (ii) project--
                                    (I) the average well head price for 
                                oil produced in the contiguous 48 
                                States for the 11-year period beginning 
                                with the year in which such projection 
                                is made, and
                                    (II) the cost of oil recovery 
                                methods used in qualified enhanced oil 
                                recovery projects (as defined in 
                                section 43(c)(2) of the Internal 
                                Revenue Code of 1986), as compared to 
                                conventional oil recovery methods.
                    (B) Determination of unsustainable revenue.--
                            (i) In general.--Using the projections 
                        under subparagraph (A), the Secretary (or the 
                        Secretary's delegate) shall determine whether 
                        Federal revenues generated by qualified 
                        enhanced oil recovery projects (as so defined) 
                        eligible for benefits under the amendments made 
                        by this section are insufficient to sustain the 
                        cost of such benefits.
                            (ii) Affirmative determination.--The 
                        Secretary shall make an affirmative 
                        determination under this subparagraph if the 
                        Secretary finds that--
                                    (I) the projected revenue costs 
                                determined under subparagraph 
                                (A)(i)(II) exceed the projected revenue 
                                increases determined under subparagraph 
                                (A)(i)(I), or
                                    (II) the methods used to recover 
                                oil through qualified enhanced oil 
                                recovery projects (as so defined) will 
                                not be cost-effective due to the 
                                projected well head price for oil under 
                                subparagraph (A)(ii)(II).
                            (iii) Special rule.--If the Secretary makes 
                        an affirmative determination under this 
                        subparagraph with respect to any year, the 
                        Secretary shall not make a determination under 
                        this subparagraph for the immediately 
                        succeeding taxable year.
                    (C) Suspension of deployment credit and report to 
                congress.--If the Secretary makes an affirmative 
                determination under subparagraph (B)--
                            (i) no certifications may be made with 
                        respect to the deployment project investment 
                        credit under section 45T of the Internal 
                        Revenue Code of 1986 for the 1-year period 
                        following the date of such determination, and
                            (ii) the Secretary (or the Secretary's 
                        delegate) shall submit to Congress a report 
                        detailing the findings and projections that led 
                        to such determination.
    (c) Loan Guarantees for Carbon Dioxide Trunklines.--Section 1703(b) 
of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by 
adding at the end the following new paragraph:
            ``(11) Qualified carbon dioxide trunklines (as defined in 
        section 48E(c)(3) of the Internal Revenue Code of 1986).''.

SEC. 102. RESTORING GULF OF MEXICO OIL PRODUCTION.

    (a) Definition of Covered Application.--In this section, the term 
``covered application'' means an application for a permit to drill 
under an oil and gas lease under the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331 et seq.) in effect on the date of enactment of this 
Act, that--
            (1) represents a resubmission of an approved permit to 
        drill (including an application for a permit to sidetrack) that 
        was approved by the Secretary before May 27, 2010; and
            (2) is received by the Secretary after October 12, 2010, 
        and before the end of the 15-day period beginning on the date 
        of enactment of this Act.
    (b) Schedule Required.--Not later than 30 days after the date of 
enactment of this Act, the Secretary of the Interior 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 
schedule that provides that--
            (1) not later than 75 days after the date of enactment of 
        this Act, final decisions shall be issued with respect to not 
        less than \1/2\ of the covered applications; and
            (2) not later than 135 days after the date of enactment of 
        this Act, final decisions shall be issued with respect to all 
        of the covered applications.
    (c) Directed Suspension.--A lease under which a covered application 
is submitted to the Secretary of the Interior shall be considered to be 
in directed suspension during the period beginning May 27, 2010, and 
ending on the date on which the Secretary issues a final decision on 
the application, if the Secretary does not issue a final decision on 
the application before the end of the 120-day period beginning on the 
date of enactment of this Act, in the case of a covered application 
submitted before the date of enactment of this Act or before the end of 
the 15-day period beginning on the date of enactment of this Act.

SEC. 103. SAFETY ASSESSMENTS.

    (a) Report to Congress.--
            (1) Definition of covered permit.--In this subsection, the 
        term ``covered permit'' means--
                    (A) each of the first 10 drilling permits for 
                leases on the Atlantic coast issued after the date of 
                enactment of this Act;
                    (B) each of the first 10 drilling permits for 
                leases on the Pacific coast issued after the enactment 
                of this Act;
                    (C) each of the first 10 drilling permits for 
                leases on the Arctic coast issued after the enactment 
                of this Act; and
                    (D) a permit to drill in a new area off the coast 
                of a State as requested by the governor of the State or 
                the Governor of a State with contiguous waters.
            (2) Safety assessment.--At least 30 days before the 
        issuance of a covered permit, the Secretary shall submit to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Natural Resources of the House a Representatives a 
        report that includes an assessment of--
                    (A) critical safety system preparedness, including 
                blowout prevention; and
                    (B) oil spill response and containment 
                preparedness.
    (b) Spill Response Assessment.--Section 11(c) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1340(c)) is amended by adding at 
the end the following:
            ``(5) Spill response assessment.--
                    ``(A) In general.--The Secretary shall require that 
                each exploration plan submitted after the date of 
                enactment of the Practical Energy Plan Act of 2011 
                include a third-party reviewed response plan that 
                describes the means and timeline for containment and 
                termination of an ongoing discharge of oil (other than 
                a de minimis discharge, as determined by the Secretary) 
                at the depth at which the exploration, development, or 
                production authorized under the exploration plan is to 
                take place.
                    ``(B) Technological feasibility.--Before 
                determining whether to approve an exploration plan that 
                includes a response plan under subparagraph (A), the 
                Secretary shall certify the technological feasibility 
                of the methods proposed to be used under the response 
                plan, as demonstrated by the lessee through simulation, 
                demonstration, or other means.''.

SEC. 104. RESTORING OIL AND GAS LEASE SALES.

    (a) Definitions.--In this section:
            (1) Environment impact statement for the 2007-2012 5-year 
        ocs plan.--The term ``Environmental Impact Statement for the 
        2007-2012 5-Year OCS Plan'' means the Final Environmental 
        Impact Statement for the Outer Continental Shelf Oil and Gas 
        Leasing Program: 2007-2012 prepared by the Secretary and dated 
        April 2007.
            (2) Multi-sale environmental impact statement.--The term 
        ``Multi-Sale Environmental Impact Statement'' means the 
        Environmental Impact Statement for Proposed OCS Oil and Gas 
        Lease Sales 193, 204, 205, 206, 207, 208, 209, 210, 212, 213, 
        215, 216, and 222 prepared by the Secretary and dated September 
        2008.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Requirement To Conduct Certain Proposed Oil and Gas Lease 
Sales.--
            (1) In general.--As soon as practicable, but not later than 
        1 year, after the date of enactment of this Act, in accordance 
        with section 8 of the Outer Continental Shelf Lands Act (43 
        U.S.C. 1337), the Secretary shall conduct--
                    (A) offshore oil and gas lease sale 216;
                    (B) offshore oil and gas lease sale 218;
                    (C) offshore oil and gas lease sale 220; and
                    (D) offshore oil and gas lease sale 222.
            (2) Prohibition on conflicts with military operations.--The 
        Secretary shall not make any tract available for leasing under 
        paragraph (1)(C) if the President, acting through the Secretary 
        of Defense, determines that drilling activity on the tract 
        would create an unreasonable conflict with military operations.
            (3) Environmental review.--For the purposes of each of the 
        lease sales authorized under subparagraphs (A), (B), and (D) of 
        paragraph (1), the Environmental Impact Statement for the 2007-
        2012 5-Year OCS Plan and the Multi-Sale Environmental Impact 
        Statement shall be considered to satisfy the requirements of 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.).

SEC. 105. EQUAL TREATMENT OF PERMITS IN ALASKA.

    Section 328 of the Clean Air Act (42 U.S.C. 7627) is amended--
            (1) in subsection (a)(1)--
                    (A) in the first sentence, by inserting before the 
                period at the end the following: ``, provided that any 
                air pollution requirements established for Arctic outer 
                Continental Shelf sources shall only apply to impacts 
                located onshore as of the date of enactment of the 
                Practical Energy Plan Act of 2011''; and
                    (B) in the fourth sentence, by inserting ``and this 
                Act'' before the period at the end; and
            (2) in the first sentence of subsection (b)--
                    (A) by striking ``Gulf Coast''; and
                    (B) by inserting ``Alaska,'' before `` and 
                Alabama''.

SEC. 106. OFFSHORE RESOURCE REVIEW AND SEISMIC SURVEYS.

    (a) Chukchi Sea and Beaufort Sea.--Not later than 180 days after 
the date of enactment of this Act, the Secretary of the Interior shall 
submit to the Committee on Energy and Natural Resources of the Senate 
and the Committee on Natural Resources of the House of Representatives 
the results of a study of oil and natural gas resources in the Chukchi 
Sea and Beaufort Sea that includes--
            (1) resource assessments;
            (2) an assessment of preparedness for accident response;
            (3) targets for expanding oil and natural gas production 
        over the 5-, 10-, 15-, and 20-year periods beginning on the 
        termination date of leases in effect on the date of enactment 
        of this Act; and
            (4) a schedule for new lease sales required to meet 
        production targets.
    (b) State Subdivision of Outer Continental Shelf Planning Area.--At 
the request of a Governor of a State, the Secretary shall conduct, and 
submit to the State the results of, a study of any State subdivision of 
an outer Continental Shelf planning area that includes--
            (1) resource assessments;
            (2) an assessment of preparedness for accident response;
            (3) targets for expanding oil and natural gas production 
        over 10-, 15-, and 20-year periods; and
            (4) a nonbinding schedule for new lease sales required to 
        meet production targets.
    (c) Seismic Surveys.--Section 18 of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1344) is amended by adding at the end the 
following:
    ``(i) Seismic Surveys.--
            ``(1) In general.--Not later than 360 days after the date 
        of enactment of this subsection, the Secretary shall issue 
        regulations providing for--
                    ``(A) issuance by the Secretary of seismic 
                surveying cost credits for the provision of data from 
                seismic surveying of the outer Continental Shelf; and
                    ``(B) use of the credits by a person to whom the 
                cost credits were issued under subparagraph (A) or 
                transferred under paragraph (4), for payment of bonus 
                bids owed by the person for oil and gas lease sales 
                under this section in the planning area in which the 
                seismic survey was conducted.
            ``(2) Issuance.--The regulations issued under paragraph (1) 
        shall provide for the issuance of credits on the date of the 
        submission to the Secretary of the data produced by seismic 
        surveying authorized under section 11 of any area for which the 
        most recent seismic data held by the Secretary at the time of 
        the survey is at least 10 years old.
            ``(3) Value.--The value of the cost credits issued under 
        paragraph (1)(A) shall be equal to 50 percent of the costs 
        incurred in conducting seismic surveying to produce the data 
        for which the credits are issued.
            ``(4) Transfer.--A person to whom a credit is issued by the 
        Secretary--
                    ``(A) may transfer the credit once; and
                    ``(B) shall notify the Secretary of the transfer 
                under subparagraph (A).
            ``(5) Expiration.--A seismic surveying cost credit shall 
        expire 10 years after the date of submission of the date for 
        which the credit is issued.''.

                     Subtitle B--Vehicle Efficiency

SEC. 111. FUEL EFFICIENCY PLANNING.

    (a) Standards for Light Vehicles.--Section 32902 of title 49, 
United States Code, is amended--
            (1) in subsection (a), by inserting ``, reflecting at least 
        a 4 percent annual increase beginning in model year 2017 
        (rounded to the nearest \1/10\ mile per gallon)'' before the 
        period at the end;
            (2) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) in the subparagraph heading, by 
                                striking ``2020'' and inserting 
                                ``2016'';
                                    (II) by striking ``2020'' and 
                                inserting ``2016''; and
                                    (III) by striking ``35'' and 
                                inserting ``34.1'';
                            (ii) in subparagraph (B)--
                                    (I) in the subparagraph heading, by 
                                striking ``2021'' and insert ``2017'';
                                    (II) by striking ``2021'' and 
                                inserting ``2017''; and
                                    (III) by inserting ``, reflecting 
                                at least a 4 percent annual increase 
                                for each model year'' before the period 
                                at the end; and
                            (iii) in subparagraph (C)--
                                    (I) by striking ``subparagraph 
                                (A)'' and inserting ``subparagraphs (A) 
                                and (B)'';
                                    (II) by striking ``and ending with 
                                model year 2020''; and
                                    (III) by adding at the end the 
                                following: ``The projected aggregate 
                                level of average fuel economy for model 
                                year 2017 and each succeeding model 
                                year shall reflect at least a 4 percent 
                                increase from the level for the prior 
                                model year (rounded to the nearest \1/
                                10\ mile per gallon).''; and
                    (B) by adding at the end the following:
            ``(5) Unified regulatory requirements.--Regulations under 
        this subsection and amendments to regulations under subsection 
        (c) shall, to the maximum extent practicable, be promulgated 
        (including through joint rulemaking), coordinated, and 
        implemented in conjunction with pollutant regulations 
        promulgated by the the Administrator of the Environmental 
        Protection Agency.'';
            (3) in subsection (c)--
                    (A) by inserting ``(1)'' before ``The Secretary'';
                    (B) by striking ``that model year.'' and inserting 
                the following: ``model year, including to a level lower 
                than a 4 percent annual increase if the Secretary 
                determines the standards prescribed under subsection 
                (b) for each model year--
            ``(A) are technologically unachievable;
            ``(B) cannot be achieved without materially reducing the 
        overall safety of automobiles manufactured or sold in the 
        United States; or
            ``(C) is shown, by clear and convincing evidence, not to be 
        cost effective.
    ``(2) If a standard reflecting a level lower than a 4 percent 
annual increase is prescribed for a model year under subsection (b), 
such standard shall be the maximum standard that--
            ``(A) is technologically achievable;
            ``(B) can be achieved without materially reducing the 
        overall safety of automobiles manufactured or sold in the 
        United States; and
            ``(C) is cost effective.'';
                    (C) by striking ``Section 553'' and inserting the 
                following:
    ``(3) Section 553''; and
                    (D) by adding at the end the following:
    ``(4) Not later than 90 days before issuing an amended standard 
that would lower the fuel economy standards below the level prescribed 
under subsection (b), the Secretary shall--
            ``(A) provide written notification to the Committee on 
        Energy and Commerce of the House of Representatives, the 
        Committee on Commerce, Science, and Transportation of the 
        Senate, and the Committee on Energy and Natural Resources of 
        the Senate, regarding the amendments made to the fuel economy 
        standards prescribed in subsection (b); and
            ``(B) make publicly available non-proprietary documentation 
        regarding the amendment decision''; and
            (4) in subsection (f)--
                    (A) by striking ``When deciding'' and inserting 
                ``(1) In determining'';
                    (B) by inserting ``cost-benefit considerations,'' 
                after ``economic practicability,''; and
                    (C) by adding at the end the following:
    ``(2) In conducting a cost-benefit analysis under paragraph (1), 
the Secretary of Transportation (in consultation with the Secretary of 
Energy, the Secretary of State, and the Secretary of Defense) shall 
take into account the total value to the United States of reduced 
petroleum use, including the value of reducing external costs of 
petroleum use, using a value for such costs equal to 50 percent of the 
value of a gallon of gasoline saved or the amount determined in an 
analysis of the external costs of petroleum use that considers--
            ``(A) value to consumers;
            ``(B) economic security;
            ``(C) national security;
            ``(D) foreign policy;
            ``(E) the impact of oil use on--
                    ``(i) sustained cartel rents paid to foreign 
                suppliers;
                    ``(ii) long-run potential gross domestic product 
                due to higher normal-market oil price levels, including 
                inflationary impacts;
                    ``(iii) import costs, wealth transfers, and 
                potential gross domestic product due to increased trade 
                imbalances;
                    ``(iv) import costs and wealth transfers during oil 
                shocks;
                    ``(v) macroeconomic dislocation and adjustment 
                costs during oil shocks;
                    ``(vi) the cost of existing energy security 
                policies, including the management of the Strategic 
                Petroleum Reserve;
                    ``(vii) the timing and severity of the oil peaking 
                problem;
                    ``(viii) the risk, probability, size, and duration 
                of oil supply disruptions;
                    ``(ix) OPEC strategic behavior and long-run oil 
                pricing;
                    ``(x) the short term elasticity of energy demand 
                and the magnitude of price increases resulting from a 
                supply shock;
                    ``(xi) oil imports, military costs, and related 
                security costs, including intelligence, homeland 
                security, sea lane security and infrastructure, and 
                other military activities;
                    ``(xii) oil imports, diplomatic and foreign policy 
                flexibility, and connections to geopolitical strife, 
                terrorism, and international development activities; 
                and
                    ``(xiii) the cost of pollutants;
            ``(F) the impact of the oil or energy intensity of the 
        United States economy on the sensitivity of the economy to oil 
        price changes, including the magnitude of gross domestic 
        product losses in response to short-term price shocks or long-
        term price increases;
            ``(G) the impact of United States payments for oil imports 
        on political, economic, and military developments in unstable 
        or unfriendly oil exporting countries;
            ``(H) the uninternalized costs of pipeline and storage oil 
        seepage, and for risk of oil spills from production, handling, 
        transport, and related landscape damage; and
            ``(I) additional relevant factors, as determined by the 
        Secretary in consultation with the Secretary of Energy, the 
        Administrator of the Environmental Protection Agency, the 
        Secretary of State, the Secretary of Defense, the Secretary of 
        Homeland Security, and the Director of National Intelligence.
    ``(3) In considering the value to consumers of a gallon of gasoline 
saved, the Secretary of Transportation may not use a value that is less 
than the greatest of--
            ``(A) the average national cost of a gallon of gasoline 
        sold in the United States during the 12-month period ending on 
        the date on which the new fuel economy standard is proposed;
            ``(B) the most recent weekly estimate by the Energy 
        Information Administration of the Department of Energy of the 
        average national cost of a gallon of gasoline (all grades) sold 
        in the United States; or
            ``(C) the gasoline prices projected by the Energy 
        Information Administration for the 20-year period beginning in 
        the year following the year in which the standards are 
        established.''.
    (b) Standards for Medium- and Heavy-Duty Vehicles.--Section 
32902(k) of title 49, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (C), by striking ``and'' at the 
                end;
                    (B) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(E) greatest achievable fuel efficiency 
                improvement targets for rules pertaining to commercial 
                medium- and heavy-duty vehicles and work trucks, taking 
                into consideration the national security and economic 
                benefits of reduced petroleum consumption and relevant 
                factors in the manufacture and work accomplished of 
                such vehicles.'';
            (2) in paragraph (2)--
                    (A) by striking ``Not later'' and inserting the 
                following:
                    ``(A) Implementation.--Not later'';
                    (B) by striking ``fuel economy standards'' and 
                inserting ``fuel efficiency standards (taking into 
                consideration the national security and economic 
                benefits of reduced petroleum consumption)'';
                    (C) by striking ``The Secretary may'' and inserting 
                the following:
                    ``(B) Separate standards.--The Secretary may'';
                    (D) in subparagraph (B), as designated by 
                subparagraph (C) of this paragraph, by adding at the 
                end the following: ``Recognizing the differentiated 
                level of technological development and data available 
                between classes, as identified by the National 
                Academies of Science report `Technologies and 
                Approaches to Reducing the Fuel Consumption of Medium- 
                and Heavy-Duty Vehicles,' the Secretary may implement 
                regulations for certain vehicle classes and vehicle 
                components authorized under this subsection, as 
                designated by the Secretary, on an accelerated 
                basis.''; and
                    (E) by adding at the end the following:
                    ``(C) Applicability; adjustments.--Standards issued 
                under this subsection--
                            ``(i) may apply to--
                                    ``(I) vehicle components;
                                    ``(II) whole vehicles based on 1 or 
                                more attributes; or
                                    ``(III) any combination of (I) and 
                                (II);
                            ``(ii) shall, subject to paragraph (3)--
                                    ``(I) be implemented for vehicles 
                                manufactured for sale in the United 
                                States during or before model year 
                                2017; and
                                    ``(II) allow for fuel efficiency 
                                regulation of vehicle components or 
                                whole vehicles before such model year; 
                                and
                            ``(iii) shall periodically, but not less 
                        frequently than every 4 model years, be 
                        adjusted to achieve the maximum technologically 
                        feasible fuel efficiency improvements (taking 
                        into account considerations of oil import 
                        dependence) which do not materially affect 
                        vehicle safety and that are cost effective.
                    ``(D) Cost effective criteria.--As used in 
                subparagraph (C)(iii), the term `cost effective' shall 
                be subject to considerations established under 
                subsection (f) and other criteria determined by the 
                Secretary;
                    ``(E) Waiver; notification; review.--The Secretary 
                may waive adjustments to the standards issued under 
                this subsection if the Secretary determines that any 
                such adjustment is not necessary to achieve the maximum 
                technologically feasible fuel efficiency improvements. 
                If such a determination is made, the Secretary shall 
                provide written notification to the Committee on Energy 
                and Commerce of the House of Representatives, the 
                Committee on Commerce, Science, and Transportation of 
                the Senate, and the Committee on Energy and Natural 
                Resources of the Senate, not later than 180 days before 
                the day that is 4 years after the day on which the most 
                recent standards came into effect. The Secretary shall 
                review any determination made under this subparagraph 
                every 2 years.''; and
            (3) by adding at the end the following:
            ``(4) Unified regulatory requirements.--Regulations issued 
        pursuant to paragraph (2) shall, to the maximum extent 
        practicable, be established (including through joint 
        rulemaking), coordinated, and implemented in conjunction with 
        pollutant regulations administered by the Environmental 
        Protection Agency.''.

                        Subtitle C--Fuel Choice

SEC. 121. COMPETITIVE PRODUCTION INCENTIVES FOR ADVANCED RENEWABLE 
              FUELS.

    Section 942 of the Energy Policy Act of 2005 (42 U.S.C. 16251) is 
amended--
            (1) in the section heading, by striking ``cellulosic 
        biofuels'' and inserting ``renewable fuels'';
            (2) by striking ``cellulosic biofuels'' each place it 
        appears (other than subsection (b)(1)) and inserting 
        ``renewable fuels'';
            (3) in subsection (a), by striking ``biofuels'' each place 
        it appears and inserting ``renewable fuels'';
            (4) in subsection (b)--
                    (A) by striking paragraph (1);
                    (B) by redesignating paragraph (2) as paragraph 
                (1); and
                    (C) by inserting after paragraph (1) (as so 
                redesignated) the following:
            ``(2) Renewable fuel.--
                    ``(A) In general.--The term `renewable fuel' has 
                the meaning given the term in section 211(o)(1) of the 
                Clean Air Act (42 U.S.C. 7545(o)(1)).
                    ``(B) Inclusion.--The term `renewable fuel' 
                includes algae.
                    ``(C) Exclusion.--The term `renewable fuel' does 
                not include grain.''; and
            (5) in subsection (f), by inserting ``for each of fiscal 
        years 2012 through 2016'' before the period at the end.

SEC. 122. FUEL OPTIONS THROUGH THE AVAILABILITY OF DUAL FUELED VEHICLES 
              AND LIGHT DUTY TRUCKS.

    Chapter 329 of title 49, United States Code, is amended by adding 
at the end the following:

``SEC. 32920. FUEL OPTIONS FOR TRANSPORTATION.

    ``(a) Definitions.--In this section:
            ``(1) Advanced alternative fuel.--The term `advanced 
        alternative fuel' means--
                    ``(A) a mixture containing--
                            ``(i) at least 85 percent denatured ethanol 
                        by volume (or a lower percentage prescribed by 
                        the Secretary pursuant to section 32901(b)); 
                        and
                            ``(ii) gasoline or other fuels;
                    ``(B) a mixture containing--
                            ``(i) at least 70 percent methanol by 
                        volume (or a lower percentage prescribed by the 
                        Secretary pursuant to section 32901(b)); and
                            ``(ii) gasoline and other fuels; and
                    ``(C) other alcohols or liquid fuels certified by 
                the Secretary pursuant to subsection (b)(2)(B)(i).
            ``(2) Advanced alternative fuel blend.--The term `advanced 
        alternative fuel blend' means a liquid fuel that contains 
        gasoline blended with a percentage of advanced alternative fuel 
        certified under subsection (b)(2).
            ``(3) Annual covered inventory.--The term `annual covered 
        inventory' means the number of vehicles that a manufacturer, 
        during a given calendar year, manufactures in the United States 
        or imports from outside of the United States, for sale in the 
        United States.
            ``(4) Fuel choice-enabling vehicle.--The term `fuel choice-
        enabling vehicle' means a light-duty vehicle warranted by its 
        manufacturer to operate on--
                    ``(A) a mixture containing at least 85 percent 
                denatured ethanol, methanol, or other alcohols by 
                volume (or a lower percentage prescribed by the 
                Secretary pursuant to section 32901(b)), including 
                drop-in liquid fuel for use in gasoline engines;
                    ``(B) an advanced alternative fuel blend;
                    ``(C) natural gas;
                    ``(D) hydrogen;
                    ``(E) batteries;
                    ``(F) a hybrid electric engine;
                    ``(G) a mixture of biodiesel and diesel fuel 
                meeting the standard established by the American 
                Society for Testing and Materials or under section 
                211(u) of the Clean Air Act (42 U.S.C. 7545(u)) for 
                fuel containing 5 percent biodiesel (commonly known as 
                `B20'); or
                    ``(H) any other fuel or means of powering covered 
                vehicles prescribed by the Secretary, by regulation, 
                that contains not more than 10 percent petroleum, by 
                volume.
            ``(5) Light-duty vehicle.--The term `light-duty vehicle' 
        means a 4-wheeled vehicle manufactured primarily for use on 
        public streets, roads, and highways with a gross vehicle weight 
        of less than 10,000 pounds.
    ``(b) Fuel Options Standard.--
            ``(1) In general.--Except as provided in paragraph (3), 
        each light-duty vehicle manufacturer's annual covered inventory 
        shall be comprised of--
                    ``(A) not less than 50 percent fuel choice-enabling 
                vehicles in model years 2015, 2016, and 2017; and
                    ``(B) not less than 90 percent fuel choice-enabling 
                vehicles in model year 2018 and each subsequent model 
                year.
            ``(2) Certification.--
                    ``(A) In general.--The Secretary of Transportation, 
                in consultation with the Administrator of the 
                Environmental Protection Agency, shall certify the 
                maximum feasible levels of advanced alternative fuel 
                blend possible based on technological feasibility, 
                economic practicality, consumer cost impacts, 
                maximizing the potential number of domestic 
                nonpetroleum feedstock sources, and reducing foreign 
                oil imports.
                    ``(B) Contents.--The certification under 
                subparagraph (A) should include--
                            ``(i) the type and blend of advanced 
                        alternative fuel that can be utilized by 
                        vehicles qualifying as a fuel choice-enabling 
                        vehicle;
                            ``(ii) the type and blend of advanced 
                        alternative fuel that can be utilized by 
                        specific vehicles in use as of the date of the 
                        enactment of the Practical Energy Plan Act of 
                        2011; and
                            ``(iii) the type and blend of advanced 
                        alternative fuel that can be utilized by new 
                        and existing components of the Nation's 
                        transportation fueling infrastructure for fuel-
                        choice enabled vehicles.
                    ``(C) Trigger.--Upon completion of the 
                certification under subparagraph (B)(i), new light-duty 
                vehicles may not be classified as fuel choice-enabling 
                vehicles unless the manufacturer warrants that such 
                vehicles can be operated on fuels described in 
                subparagraphs (A) and (B) of subsection (a)(4).
            ``(3) Drop-in fuel.--Any drop-in liquid fuel for use in 
        gasoline engines that is described in section (a)(4)(H) shall 
        also be warranted to operate with fuel described in 
        subparagraphs (A) and (B) of subsection (a)(4) pursuant to 
        paragraph (2)(C).
            ``(4) Small manufacturer exemption.--At the request of a 
        manufacturer, the Secretary of Transportation shall exempt the 
        manufacturer from the requirement described in paragraph (1) if 
        the manufacturer's annual covered inventory is fewer than 
        10,000.
            ``(5) Credit trading among manufacturers.--
                    ``(A) In general.--The Secretary may establish, by 
                regulation, a fuel options standard credit trading 
                program to allow manufacturers whose annual covered 
                inventory exceeds the requirement described in 
                paragraph (1) to earn credits to be sold to 
                manufacturers that are unable to achieve the prescribed 
                requirements.
                    ``(B) Dual fuel credit.--Beginning in model year 
                2018, any vehicle used to qualify for the fuel options 
                standard under this subsection cannot be used to 
                receive the dual fuel credit under section 32903.
    ``(c) Fuel Choice Comparison Tool.--The Secretary of 
Transportation, in consultation with the Secretary of Energy and the 
Administrator of the Environmental Protection Agency, shall develop a 
model label for pumps in the United States dispensing advanced 
alternative fuels to consumers that identifies a single, readily 
comprehensible metric that allows consumers to evaluate the relative 
value, energy density, and expected vehicle performance of any 
particular advanced alternative fuel blend. The Secretary shall make 
the label available for voluntary reproduction and adoption.''.

                       Subtitle D--Federal Fleets

SEC. 131. DEPARTMENT OF DEFENSE ALTERNATIVE FUELS CONTRACTING.

    (a) Authority.--Subchapter II of chapter 173 of title 10, United 
States Code, is amended by adding at the end the following:
``Sec. 2922h. Liquid fuels: contracts for procurement of certain 
              transportation fuels
    ``(a) Authority To Contract.--The Secretary of Defense may enter 
into 1 or more contracts for the procurement of fuels described in 
subsection (b) for the Department of Defense.
    ``(b) Covered Fuels.--A fuel described in this subsection is a 
liquid transportation fuel, including jet fuel, that is derived from 
domestic and Indian land sources of biomass, coal, or other 
nonpetroleum products.
    ``(c) Period of Contract.--The period of a contract entered into 
under subsection (a) may not exceed 20 years.
    ``(d) Reports on Contracts.--Not later than 3 years after the date 
of enactment of this section, the Secretary of Defense shall submit to 
Congress a report assessing the impact of contracting under subsection 
(a) on the vulnerability of the Department of Defense to disruptions in 
the global oil supply, including an assessment of whether lengthening 
the maximum authorized period of contract under subsection (c), could 
further reduce the vulnerability of the Department to such 
disruptions.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter II of chapter 173 of such title is amended by adding at the 
end the following:

``2922h. Liquid fuels: contracts for procurement of certain 
                            transportation fuels.''.

SEC. 132. FUELS FOR NATIONAL SECURITY AGENCIES.

    (a) In General.--Section 526 of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17142) is amended by inserting ``(other 
than the Department of Defense, the Department of Homeland Security, 
the Department of State, and the National Aeronautics and Space 
Administration)'' after ``Federal agency''.
    (b) Sense of Congress.--It the sense of Congress that national 
security agencies not covered by section 526 of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17142) are encouraged to use, to 
the maximum extent practicable, clean fuels derived from nonpetroleum 
feedstocks.

SEC. 133. SAVINGS FROM TRANSPORTATION ENERGY PERFORMANCE CONTRACTS.

    (a) Authority To Enter Into Contracts.--Section 801(a)(1) of the 
National Energy Conservation Policy Act (42 U.S.C. 8287(a)(1)) is 
amended in the first sentence by inserting before the period at the end 
the following: ``, including savings and benefits involving nonbuilding 
applications''.
    (b) Payment of Costs.--Section 801(a)(2)(B) of the National Energy 
Conservation Policy Act (42 U.S.C. 8287(a)(2)(B)) is amended in the 
first sentence by striking ``for utilities'' and inserting ``for 
utilities or fuel, or both,''.
    (c) Definitions.--
            (1) Energy savings.--Section 804(2) of the National Energy 
        Conservation Policy Act (42 U.S.C. 8287c(2)) is amended--
                    (A) in subparagraph (A), by striking ``or other 
                federally owned facilities'' each place it appears and 
                inserting ``, other federally owned facilities, or 
                other buildings or facilities at which an Executive 
                agency pays for utilities'';
                    (B) in subparagraph (C)--
                            (i) by inserting ``(including new 
                        hydroelectric generation at Federal dams that 
                        do not have hydroelectric generation 
                        facilities)'' after ``cogeneration''; and
                            (ii) by striking ``and'' after the 
                        semicolon at the end;
                    (C) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(E) the increased efficient use of nonbuilding 
                applications; and
                    ``(F) the savings realized from reduced fuel use, 
                including secondary savings.''.
            (2) Nonbuilding application; secondary savings.--Section 
        804 of the National Energy Conservation Policy Act (42 U.S.C. 
        8287c) is amended by adding at the end the following:
            ``(5) Nonbuilding application.--The term `nonbuilding 
        application' means--
                    ``(A) any class of vehicles, devices, or equipment 
                that is transportable under the power of the applicable 
                vehicle, device, or equipment by land, sea, or air and 
                that consumes energy from any fuel source for the 
                purpose of--
                            ``(i) that transportation; or
                            ``(ii) maintaining a controlled environment 
                        within the vehicle, device, or equipment; and
                    ``(B) any federally owned equipment use to generate 
                electricity or transport water.
            ``(6) Secondary savings.--The term `secondary savings' 
        means additional energy, fuel, or cost savings that are a 
        direct consequence of the energy savings that result from the 
        energy efficiency improvements that are financed and 
        implemented pursuant to an energy savings performance 
        contract.''.
    (d) Guidance.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Energy, in consultation with the Secretary 
of Defense and the Administrator of General Services, shall issue 
guidance and rules to Executive agencies to implement the amendments 
made by this section.

                      TITLE II--ENERGY EFFICIENCY

              Subtitle A--Energy Performance in Buildings

SEC. 201. SAVING ENERGY IN NEW BUILDINGS.

    (a) In General.--Section 304 of the Energy Conservation and 
Production Act (42 U.S.C. 6833) is amended to read as follows:

``SEC. 304. UPDATING BUILDING ENERGY EFFICIENCY.

    ``(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 2009 IECC for 
                residential buildings and ASHRAE Standard 90.1-2007 for 
                commercial buildings.
                    ``(B) State and local building energy codes.--The 
                Secretary shall encourage and support the adoption of 
                building energy codes by States and, as appropriate, 
                local governments that--
                            ``(i) meet or exceed the national model 
                        building energy codes; or
                            ``(ii) achieve equivalent or greater energy 
                        savings.
                    ``(C) Minimum requirements.--The targets for 
                overall energy savings shall be at least a--
                            ``(i) 15 percent reduction in energy use 
                        relative to a comparable building constructed 
                        in compliance with the 2009 IECC by January 1, 
                        2015;
                            ``(ii) 15 percent reduction in energy use 
                        relative to a comparable building constructed 
                        in compliance with the ASHRAE Standard 90.1-
                        2007 by May 1, 2014;
                            ``(iii) 30 percent reduction in energy use 
                        relative to a comparable building constructed 
                        in compliance with the 2009 IECC by January 1, 
                        2018; and
                            ``(iv) 45 percent reduction in energy use 
                        relative to a comparable building constructed 
                        in compliance with the ASHRAE Standard 90.1-
                        2007 by January 1, 2019.
                    ``(D) Specific years.--
                            ``(i) In general.--Targets for specific 
                        dates subsequent to the dates established under 
                        clauses (i) and (ii) of subparagraph (C) shall 
                        be set by the Secretary at least 3 years in 
                        advance of each target date, 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 higher than the preceding target.
                            ``(ii) Different target years.--
                                    ``(I) In general.--Subject to 
                                paragraph (2)(D), not later than 3 
                                years prior to implementation of 
                                clauses (iii) and (iv) of subparagraph 
                                (C), the Secretary may set a different 
                                target date for the targets established 
                                under those clauses if the Secretary 
                                determines that the target cannot be 
                                met by the target date.
                                    ``(II) Notice.--Not later than 15 
                                days prior to a determination made 
                                under subclause (I), the Secretary 
                                shall inform the Committee on Energy 
                                and Natural Resources of the Senate and 
                                the Committee on Energy and Commerce of 
                                the House of Representatives of the 
                                determination.
                    ``(E) 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, 
                        to the maximum extent practicable, include 
                        technical assistance identified by the 
                        organizations such as for--
                                    ``(I) evaluating codes or standards 
                                proposals or revisions;
                                    ``(II) building energy analysis and 
                                design tools;
                                    ``(III) building demonstrations; 
                                and
                                    ``(IV) design assistance and 
                                training.
                    ``(F) Amendment proposals.--
                            ``(i) In general.--The Secretary shall 
                        submit codes and standards amendment proposals 
                        to the model code-setting and standards 
                        development organizations, with supporting 
                        evidence, sufficient to enable the national 
                        model building energy codes and standards to 
                        meet the targets established under subparagraph 
                        (C).
                            ``(ii) Calculation methodology.--The 
                        Secretary shall make available the calculation 
                        methodology (including input assumptions and 
                        data) used by the Secretary to estimate the 
                        energy savings of codes, including proposals 
                        and revisions of codes.
            ``(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 180 days 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 or standard that 
                        meets the targets (including supporting 
                        evidence), taking into consideration--
                                    ``(I) whether the modified code is 
                                technically feasible and life-cycle 
                                cost effective; and
                                    ``(II) potential costs, savings, 
                                and other benefits for consumer and 
                                building owners, including the impact 
                                on overall building ownership and 
                                operating costs.
                            ``(ii) Consultation with secretary.--On 
                        receipt of the proposed changes, the model code 
                        or standard developer shall have an additional 
                        period of 90 days to provide input to the 
                        Secretary regarding the proposed changes and to 
                        consult with the Secretary before a revised 
                        model code or standard is released.
                            ``(iii) Implementation of changes.--
                                    ``(I) In general.--After release of 
                                a revised model code or standard, the 
                                Secretary shall grant an additional 
                                period of 90 days for the model code or 
                                standard developer to implement the 
                                model code or standard developed in 
                                consultation with the Secretary.
                                    ``(II) Modified code or standard.--
                                If the proposed changes are not 
                                incorporated into the model code or 
                                standard of the developer during the 
                                90-day period described in subclause 
                                (I), 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 a 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 the model code or 
                        standard is not revised by a target date under 
                        paragraph (1)(C), the Secretary shall, not 
                        later than 1 year after the target date, 
                        establish a modified code or standard that 
                        meets the targets under paragraph (1)(C).
                            ``(ii) Requirements.--Any modified code or 
                        standard shall--
                                    ``(I) achieve a 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;
                            ``(ii) publish in the Federal Register 
                        notice of targets, determinations, and modified 
                        codes and standards under this subsection; and
                            ``(iii) consult with key model code-setting 
                        and standard development organizations during 
                        the code development process.
    ``(b) Establishing Voluntary Model Codes.--
            ``(1) Determination of voluntary model code.--
                    ``(A) In general.--If the Secretary makes an 
                affirmative determination or establishes a modified 
                code or standard under paragraph (2), the Secretary 
                shall establish the modified code or standard as the 
                Voluntary Model Code.
                    ``(B) State notification.--The Secretary shall 
                notify each State of the determination of the Voluntary 
                Model Code not later than 30 days after establishing or 
                modifying the Code.
            ``(2) Initial voluntary model code.--As of the date of 
        enactment of the Practical Energy Plan Act of 2011, the 
        Voluntary Model Code shall be--
                    ``(A) the 2009 IECC for residential buildings; and
                    ``(B) the ASHRAE Standard 90.1-2010 for commercial 
                buildings.
    ``(c) 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 on which the Voluntary Model Code is established 
                under subsection (b), 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.--For a State to be in 
                compliance with this section, the certification under 
                subparagraph (A) shall include a demonstration that the 
                code provisions that are in effect throughout the 
                State--
                            ``(i) meet or exceed the Voluntary Model 
                        Code; or
                            ``(ii) achieve equivalent or greater energy 
                        savings.
    ``(d) 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 (c), each 
                State shall certify whether or not the State has--
                            ``(i) achieved compliance under paragraph 
                        (3) with the certified State building energy 
                        code or the Voluntary Model Code; or
                            ``(ii) made significant progress under 
                        paragraph (4) toward achieving compliance with 
                        the certified State building energy code or the 
                        Voluntary Model Code.
                    ``(B) Repeat certifications.--If a 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 State shall be 
        considered to achieve compliance under paragraph (1) if--
                    ``(A) at least 90 percent of new building space 
                covered by the code in the preceding year substantially 
                meets all the requirements of the code regarding energy 
                efficiency, or achieves equivalent or greater energy 
                savings; or
                    ``(B) 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.
            ``(4) Significant progress toward achievement of 
        compliance.--
                    ``(A) In general.--For purposes of paragraph (1), a 
                State shall be considered to have made significant 
                progress toward achieving compliance if the State--
                            ``(i) has developed and is implementing a 
                        plan for achieving compliance not later than 8 
                        years after the date of enactment of the 
                        Practical Energy Plan Act of 2011, 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 make available technical assistance to 
                States to implement this section, including procedures 
                and technical analysis for States--
                            ``(i) to demonstrate that the code 
                        provisions of the States achieve equivalent or 
                        greater energy savings than the Voluntary Model 
                        Code;
                            ``(ii) to document the rate of compliance 
                        with a building energy code; and
                            ``(iii) to improve and implement State 
                        residential and commercial building energy 
                        efficiency codes.
                    ``(D) Voluntary advanced codes and standards.--
                            ``(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 
                        Voluntary Model Code, for use in--
                                    ``(I) building design;
                                    ``(II) voluntary and market 
                                transformation programs;
                                    ``(III) incentive criteria; and
                                    ``(IV) voluntary adoption by 
                                States.
                            ``(ii) Updates.--The voluntary advanced 
                        model codes and standards shall be updated at 
                        least once every 3 years.
    ``(e) Compliance.--
            ``(1) Validation of certification.--
                    ``(A) In general.--Subject to subparagraph (B), not 
                later than 60 days after the date of receipt of 
                certification required by subsection (c), the Secretary 
                shall inform the submitting State in writing of whether 
                the Secretary validates the certification and, if not 
                validated, the reasons for not validating the 
                certification as submitted.
                    ``(B) Deferral.--On the request of the State, the 
                Secretary may defer the validation decision for an 
                additional 90 days.
                    ``(C) Noncompliance.--Any State for which the 
                Secretary has not accepted a certification by a 
                deadline under subsection (c) or (d) shall be 
                considered out of compliance with this section.
            ``(2) 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 (c) and (d).
            ``(3) Annual reports by secretary.--
                    ``(A) In general.--The Secretary shall annually 
                submit to Congress, and publish in the Federal 
                Register, a report that describes--
                            ``(i) the status of Voluntary Model Codes;
                            ``(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.
            ``(4) Consideration in grant process.--The Secretary shall 
        consider as a factor of any grants to be awarded by the 
        Department to States whether or not the State is in compliance 
        with this section under paragraph (1).
    ``(f) Availability of Implementation Assistance Funding.--
            ``(1) In general.--
                    ``(A) Requirement.--The Secretary shall provide 
                implementation assistance funding to States and local 
                governments to implement this section, and to improve 
                and implement State residential and commercial building 
                energy efficiency codes, including increasing and 
                verifying compliance with the codes and training of 
                State and local building code officials.
                    ``(B) State actions.--In determining whether, and 
                in what amount, to provide implementation assistance 
                funding under this subsection, the Secretary shall 
                consider the actions proposed by the State--
                            ``(i) to implement 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 is in compliance with this 
                section under subsection (e)(1); and
                    ``(B) in a State in which there is no statewide 
                energy code for residential or commercial buildings, or 
                in which State codes fail to comply with subparagraph 
                (A), to a local government that is in compliance with 
                this section under subsection (e)(2).
            ``(3) Training.--Of the amounts made available under this 
        subsection, the State may use amounts required, but not to 
        exceed $500,000 per 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) $300,000,000 for each of fiscal years 2012 
                through 2016; and
                    ``(B) such sums as are necessary for fiscal year 
                2016 and each fiscal year thereafter.''.
    (b) Definition of IECC.--Section 303 of the Energy Conservation and 
Production Act (42 U.S.C. 6832) is amended by adding at the end the 
following:
            ``(17) IECC.--The term `IECC' means the International 
        Energy Conservation Code.''.

SEC. 202. ENABLING HOMES AND BUILDINGS ENERGY RETROFITS.

    (a) Definitions.--In this section:
            (1) Cost.--The term ``cost'' has the meaning given the term 
        in section 502 of the Federal Credit Reform Act of 1990 (2 
        U.S.C. 661a).
            (2) Direct loan.--The term ``direct loan'' has the meaning 
        given the term in section 502 of the Federal Credit Reform Act 
        of 1990 (2 U.S.C. 661a).
            (3) Loan guarantee.--The term ``loan guarantee'' has the 
        meaning given the term in section 502 of the Federal Credit 
        Reform Act of 1990 (2 U.S.C. 661a).
            (4) Program.--The term ``Program'' means the Homes and 
        Buildings Energy Retrofits Program established by subsection 
        (b).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (6) Security.--The term ``security'' has the meaning given 
        the term in section 2 of the Securities Act of 1933 (15 U.S.C. 
        77b).
            (7) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico; and
                    (D) any other territory or possession of the United 
                States.
    (b) Establishment.--There is established in the Department of 
Energy a program to be known as the Homes and Buildings Energy 
Retrofits Program, which shall--
            (1) have annual target energy efficiency retrofit rates 
        of--
                    (A) 5 percent for homes; and
                    (B) 2 percent for commercial buildings; and
            (2) encourage private lending for energy retrofits.
    (c) Eligibility Criteria.--
            (1) In general.--In administering the Program, the 
        Secretary shall establish eligibility criteria for applicants 
        for financial assistance under subsection (d) who can offer 
        financial products and programs consistent with the purposes of 
        this section.
            (2) Criteria.--Criteria for applicants shall--
                    (A) take into account--
                            (i) expected energy savings;
                            (ii) percentage electricity rate increases 
                        in areas to be served by the applicant that are 
                        attributable to implementation of environmental 
                        controls on power generation;
                            (iii) the number and type of buildings that 
                        can be served by the applicant, the size of the 
                        potential market, and the scope of the program 
                        (in terms of measures or technologies to be 
                        used);
                            (iv) the ability of the applicant to 
                        successfully execute the proposed program and 
                        maintain the performance of the proposed 
                        projects and investments;
                            (v) financial criteria, as applicable, 
                        including the ability of the applicant to raise 
                        private capital or other sources of funds for 
                        the proposed program;
                            (vi) criteria that enable the Secretary to 
                        determine sound program design, including--
                                    (I) an assurance of credible energy 
                                efficiency or renewable energy 
                                generation performance; and
                                    (II) financial product or program 
                                design that effectively reduces 
                                barriers posed by traditional financing 
                                programs;
                            (vii) such criteria, standards, guidelines, 
                        and mechanisms as will enable the Secretary, to 
                        the maximum extent practicable, to communicate 
                        to program sponsors and originators, servicers, 
                        and sellers of financial obligations the 
                        eligibility of loans for resale;
                            (viii) the ability of the applicant to 
                        report relevant data on program performance; 
                        and
                            (ix) the ability of the applicant to use 
                        incentives or marketing techniques that are 
                        likely to result in successful market 
                        penetration; and
                    (B) encourage--
                            (i) use of technologies that are either 
                        well-established or new, but demonstrated to be 
                        reliable;
                            (ii) applicants that can offer building 
                        owners or lessees payment plans generally 
                        designed to permit the combination of energy 
                        payments and assessments or charges from the 
                        installation or payments associated with 
                        financing to be lower than the energy payments 
                        prior to installing energy efficiency measures 
                        or on-site renewable energy technologies;
                            (iii) applicants that will use repayment 
                        mechanisms convenient for building owners, such 
                        as tax-increment financing, special tax 
                        districts, on-utility-bill repayment, or other 
                        mechanisms;
                            (iv) applicants that can provide 
                        convenience for building owners by combining 
                        participation in the lending program with--
                                    (I) processing for tax credits and 
                                other incentives; and
                                    (II) technical assistance in 
                                selecting and working with vendors to 
                                provide energy efficiency measures or 
                                on-site renewable energy generation 
                                systems;
                            (v) applicants the projects of which will 
                        use contractors that hire within a 50-mile 
                        radius of the project, or as close as is 
                        practicable;
                            (vi) applicants that will use materials and 
                        technologies manufactured in the United States;
                            (vii) partnerships with or other 
                        involvement of State workforce investment 
                        boards, labor organizations, community-based 
                        organizations, State-approved apprenticeship 
                        programs, and other job training entities; and
                            (viii) applicants that can provide 
                        financing programs or financial products that 
                        mitigate barriers other than the initial 
                        expense of installing measures or technologies, 
                        such as unfavorable lease terms.
            (3) Diverse portfolio.--In establishing criteria and 
        selecting applicants to receive financial assistance under 
        subsection (d), the Secretary shall select a portfolio of 
        investments that reaches a diversity of building owners and 
        lessees, including--
                    (A) individual homeowners or lessees;
                    (B) multifamily apartment building owners or 
                lessees;
                    (C) condominium owners associations;
                    (D) commercial building owners or lessees, 
                including multi-tenant commercial properties;
                    (E) industrial building owners or lessees; and
                    (F) schools, hospitals, and other buildings 
                designated by the Secretary.
    (d) Financial Assistance.--
            (1) In general.--For applicants determined to be eligible 
        under criteria established under subsection (c), the Secretary 
        may provide financial assistance in the form of direct loans, 
        letters of credit, loan guarantees, insurance products, other 
        credit enhancements or debt instruments (including 
        securitization or indirect credit support), or other financial 
        products to promote the widespread deployment of, and mobilize 
        private sector support of credit and investment institutions 
        for, energy efficiency measures and on-site renewable energy 
        generation systems in buildings.
            (2) Financial products.--The Secretary--
                    (A) in cooperation with Federal, State, local, and 
                private sector entities, shall develop debt instruments 
                that provide for the aggregation of, or directly 
                aggregate, programs for the deployment of energy 
                efficiency measures and on-site renewable energy 
                generation systems on a scale appropriate for 
                residential, commercial, or industrial applications; 
                and
                    (B) may insure, guarantee, purchase, and make 
                commitments to purchase any debt instrument associated 
                with the deployment of clean energy technologies 
                (including subordinated securities) for the purpose of 
                enhancing the availability of private financing for the 
                deployment of energy efficiency measures and on-site 
                renewable energy generation systems.
            (3) Application review.--
                    (A) In general.--To the maximum extent practicable 
                and consistent with sound business practices, the 
                Secretary shall seek to expedite reviews of 
                applications for credit support under this section in 
                order to communicate to applicants in a timely manner 
                the likelihood of support so that the applicants can 
                seek private capital in order to receive final 
                approval.
                    (B) Mechanisms.--In carrying out this paragraph, 
                the Secretary shall consider using mechanisms such as--
                            (i) a system for conditional pre-approval 
                        that informs applicants that final applicants 
                        will be approved, if established conditions are 
                        met;
                            (ii) clear guidelines that communicate to 
                        applicants what level of performance on 
                        eligibility criteria will ensure approval for 
                        credit support or resale;
                            (iii) in the case of an applicant portfolio 
                        of more than 300 loans or other financial 
                        arrangement, an expedited review based on 
                        statistical sampling to ensure that the loan or 
                        other financial arrangement meets the 
                        eligibility criteria; and
                            (iv) in the case of an applicant with a 
                        demonstrated track record with respect to 
                        successfully originating eligible loans or 
                        other financial arrangements and who meets 
                        appropriate other criteria determined by the 
                        Secretary, a system for delegating 
                        responsibility for meeting eligibility criteria 
                        that includes appropriate protections such as 
                        buy-back mechanisms in the event criteria are 
                        determined not to have been met.
                    (C) Disposition of debt or interest.--The Secretary 
                may acquire, hold, and sell or otherwise dispose of, 
                pursuant to commitments or otherwise, any debt 
                associated with the deployment of clean energy 
                technologies or interest in the debt.
                    (D) Pricing.--
                            (i) In general.--The Secretary may 
                        establish requirements, and impose charges or 
                        fees, which may be regarded as elements of 
                        pricing, for different classes of applicants, 
                        originators, sellers, servicers, or services.
                            (ii) Classification of applicants, 
                        originators, sellers and servicers.--For the 
                        purpose of clause (i), the Secretary may 
                        classify applicants, originators, sellers and 
                        servicers as necessary to promote transparency 
                        and liquidity and properly characterize the 
                        risk of default.
                    (E) Secondary market support.--
                            (i) In general.--The Secretary may lend on 
                        the security of, and make commitments to lend 
                        on the security of, any debt that the Secretary 
                        has insured, guaranteed, issued or is 
                        authorized to purchase under this section.
                            (ii) Authorized actions.--On such terms and 
                        conditions as the Secretary may prescribe, the 
                        Secretary may--
                                    (I) give security;
                                    (II) insure;
                                    (III) guarantee;
                                    (IV) purchase;
                                    (V) sell;
                                    (VI) pay interest or other return; 
                                and
                                    (VII) issue notes, debentures, 
                                bonds, or other obligations or 
                                securities.
                    (F) Lending activities.--
                            (i) In general.--The Secretary shall 
                        determine--
                                    (I) the volume of the lending 
                                activities of the Program; and
                                    (II) the types of loan ratios, risk 
                                profiles, interest rates, maturities, 
                                and charges or fees in the secondary 
                                market operations of the Program.
                            (ii) Objectives.--Determinations under 
                        clause (i) shall be consistent with the 
                        objectives of--
                                    (I) providing an attractive 
                                investment environment for programs 
                                that install energy efficiency measures 
                                or on-site renewable energy generation 
                                technologies;
                                    (II) making the operations of the 
                                Program self-supporting over a 
                                reasonable time frame;
                                    (III) encouraging, and not crowding 
                                out, reasonably priced private 
                                financing mechanisms and institutions; 
                                and
                                    (IV) advancing the goals 
                                established under this section.
                    (G) Exempt securities.--All securities issued, 
                insured, or guaranteed by the Secretary shall, to the 
                same extent as securities that are direct obligations 
                of or obligations guaranteed as to principal or 
                interest by the United States, be considered to be 
                exempt securities within the meaning of the laws 
                administered by the Securities and Exchange Commission.
    (e) Periodic Reports.--Not later than 1 year after commencement of 
operation of the Program and at least biannually thereafter, the 
Secretary shall submit to the Committee on Energy and Natural Resources 
of the Senate and the Committee on Energy and Commerce of the House of 
Representatives a report that includes a description of the Program in 
meeting the purpose and goals established by or pursuant to this 
section.
    (f) Audits by the Comptroller General.--
            (1) In general.--The programs, activities, receipts, 
        expenditures, and financial transactions of the Program shall 
        be subject to audit by the Comptroller General of the United 
        States under such rules and regulations as may be prescribed by 
        the Comptroller General.
            (2) Access.--The representatives of the Government 
        Accountability Office shall--
                    (A) have access to the personnel and to all books, 
                accounts, documents, records (including electronic 
                records), reports, files, and all other papers, 
                automated data, things, or property belonging to, under 
                the control of, or in use by the Program, or any agent, 
                representative, attorney, advisor, or consultant 
                retained by the Program, and necessary to facilitate 
                the audit;
                    (B) be afforded full facilities for verifying 
                transactions with the balances or securities held by 
                depositories, fiscal agents, and custodians;
                    (C) be authorized to obtain and duplicate any such 
                books, accounts, documents, records, working papers, 
                automated data and files, or other information relevant 
                to the audit without cost to the Comptroller General; 
                and
                    (D) have the right of access of the Comptroller 
                General to such information pursuant to section 716(c) 
                of title 31, United States Code.
            (3) Assistance and cost.--
                    (A) In general.--For the purpose of conducting an 
                audit under this subsection, the Comptroller General 
                may, in the discretion of the Comptroller General, 
                employ by contract, without regard to section 3709 of 
                the Revised Statutes (41 U.S.C. 5), professional 
                services of firms and organizations of certified public 
                accountants for temporary periods or for special 
                purposes.
                    (B) Reimbursement.--
                            (i) In general.--On the request of the 
                        Comptroller General, the Secretary shall 
                        reimburse the General Accountability Office for 
                        the full cost of any audit conducted by the 
                        Comptroller General under this subsection.
                            (ii) Crediting.--Such reimbursements 
                        shall--
                                    (I) be credited to the 
                                appropriation account entitled 
                                ``Salaries and Expenses, Government 
                                Accountability Office'' at the time at 
                                which the payment is received; and
                                    (II) remain available until 
                                expended.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000,000.

SEC. 203. RURAL ENERGY SAVINGS.

    Title VI of the Farm Security and Rural Investment Act of 2002 (7 
U.S.C. 7901 note et seq.) is amended by adding at the end the 
following:

``SEC. 6407. RURAL ENERGY SAVINGS PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) any public power district, public utility 
                district, or similar entity, or any electric 
                cooperative described in sections 501(c)(12) or 
                1381(a)(2)(C) of the Internal Revenue Code of 1986, 
                that borrowed and repaid, prepaid, or is paying an 
                electric loan made or guaranteed by the Rural Utilities 
                Service (or any predecessor agency); or
                    ``(B) any entity primarily owned or controlled by 
                an entity or entities described in subparagraph (A).
            ``(2) Energy efficiency measures.--The term `energy 
        efficiency measures' means, for or at property served by an 
        eligible entity, structural improvements and investments in 
        cost-effective, commercial technologies to increase energy 
        efficiency.
            ``(3) Qualified consumer.--The term `qualified consumer' 
        means a consumer served by an eligible entity that has the 
        ability to repay a loan made under subsection (c), as 
        determined by an eligible entity.
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture, acting through the Administrator of the Rural 
        Utilities Service.
    ``(b) Loans to Eligible Entities.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        shall make loans to eligible entities that agree to use the 
        loan funds to make loans to qualified consumers as described in 
        subsection (c) for the purpose of implementing energy 
        efficiency measures.
            ``(2) Requirements.--
                    ``(A) In general.--As a condition to receiving a 
                loan under this subsection, an eligible entity shall--
                            ``(i) establish a list of energy efficiency 
                        measures that is expected to decrease energy 
                        use or costs of qualified consumers;
                            ``(ii) prepare an implementation plan for 
                        use of the loan funds; and
                            ``(iii) provide for appropriate measurement 
                        and verification to ensure the effectiveness of 
                        the energy efficiency loans made by the 
                        eligible entity and that there is no conflict 
                        of interest in the carrying out of this 
                        section.
                    ``(B) Revision of list of energy efficiency 
                measures.--An eligible entity may update the list 
                required under subparagraph (A)(i) to account for newly 
                available efficiency technologies, subject to the 
                approval of the Secretary.
                    ``(C) Existing energy efficiency programs.--An 
                eligible entity that, on or before the date of the 
                enactment of this section or within 60 days after such 
                date, has already established an energy efficiency 
                program for qualified consumers may use an existing 
                list of energy efficiency measures, implementation 
                plan, or measurement and verification system of that 
                program to satisfy the requirements of subparagraph (A) 
                if the Secretary determines the list, plans, or systems 
                are consistent with the purposes of this section.
            ``(3) No interest.--A loan under this subsection shall bear 
        no interest.
            ``(4) Repayment.--In the case of a loan made under 
        paragraph (1)--
                    ``(A) the term shall not exceed 20 years after the 
                date the loan is closed; and
                    ``(B) except as provided in paragraph (6), the 
                repayment of each advance shall be amortized for a 
                period of not to exceed 10 years.
            ``(5) Amount of advances.--Any advance of loan funds to an 
        eligible entity in any single year shall not exceed 50 percent 
        of the approved loan amount.
            ``(6) Special advance for start-up activities.--
                    ``(A) In general.--To assist an eligible entity in 
                defraying appropriate start-up costs (as determined by 
                the Secretary) of establishing new programs or 
                modifying existing programs to carry out subsection 
                (d), the Secretary shall allow an eligible entity to 
                request a special advance.
                    ``(B) Amount.--No eligible entity may receive a 
                special advance under this paragraph for an amount that 
                is more than 4 percent of the loan amount received by 
                the eligible entity under paragraph (1).
                    ``(C) Repayment.--Repayment--
                            ``(i) shall be required not later than the 
                        end of the 10-year period beginning on the date 
                        the advance is received; and
                            ``(ii) at the election of the eligible 
                        entity, may be deferred to the end of the 10-
                        year period.
    ``(c) Loans to Qualified Consumers.--
            ``(1) Terms of loans.--Loans made by an eligible entity to 
        qualified consumers using loan funds provided by the Secretary 
        under subsection (b)--
                    ``(A) may bear interest, not to exceed 3 percent, 
                to be used for purposes that include establishing a 
                loan loss reserve and to offset personnel and program 
                costs of eligible entities to provide the loans;
                    ``(B) shall finance energy efficiency measures for 
                the purpose of decreasing energy usage or costs of the 
                qualified consumer by an amount such that a loan term 
                of not more than 10 years will not pose an undue 
                financial burden on the qualified consumer, as 
                determined by the eligible entity;
                    ``(C) shall not be used to fund energy efficiency 
                measures made to personal property unless the personal 
                property--
                            ``(i) is or becomes attached to real 
                        property as a fixture; or
                            ``(ii) is a manufactured home;
                    ``(D) shall be repaid through charges added to the 
                electric bill for the property for, or at which, energy 
                efficiency measures are or will be implemented, on the 
                condition that this requirement does not prohibit--
                            ``(i) the voluntary prepayment of a loan by 
                        the owner of the property; or
                            ``(ii) the use of any additional repayment 
                        mechanisms that are--
                                    ``(I) demonstrated to have 
                                appropriate risk mitigation features, 
                                as determined by the eligible entity; 
                                or
                                    ``(II) required if the qualified 
                                consumer is no longer a customer of the 
                                eligible entity; and
                    ``(E) shall require an energy audit by an eligible 
                entity to determine the impact of proposed energy 
                efficiency measures on the energy costs and consumption 
                of the qualified consumer.
            ``(2) Contractors.--In addition to any other qualified 
        general contractor, eligible entities may serve as general 
        contractors.
    ``(d) Measurement and Verification, Training, and Technical 
Assistance.--
            ``(1) Contract authorized.--Not later than 90 days after 
        the date of enactment of this section, the Secretary--
                    ``(A) shall establish a plan for measurement and 
                verification, training, and technical assistance of the 
                program; and
                    ``(B) may enter into 1 or more contracts for the 
                purposes of--
                            ``(i) providing measurement and 
                        verification activities; and
                            ``(ii) developing a program to provide 
                        technical assistance and training to the 
                        employees of eligible entities to carry out 
                        this section.
            ``(2) Use of subcontractors authorized.--A qualified entity 
        that enters into a contract under paragraph (1) may use 
        subcontractors to assist the qualified entity in carrying out 
        the contract.
    ``(e) Fast Start Demonstration Projects.--
            ``(1) Demonstration projects authority.--The Secretary may 
        enter into agreements with eligible entities (or groups of 
        eligible entities) that have energy efficiency programs 
        described in subsection (b)(2)(C) to establish energy 
        efficiency loan demonstration projects consistent with the 
        purposes of this section.
            ``(2) Evaluation criteria.--In determining which eligible 
        entities to award loans under this section, the Secretary shall 
        take into consideration entities that--
                    ``(A) implement approaches to energy audits or 
                investments in energy efficiency measures that yield 
                measurable and predictable savings;
                    ``(B) use measurement and verification processes to 
                determine the effectiveness of energy efficiency loans 
                made by eligible entities;
                    ``(C) include training for employees of eligible 
                entities, including any contractors of such entities, 
                to implement or oversee the activities described in 
                subparagraphs (A) and (B);
                    ``(D) provide for the participation of a majority 
                of eligible entities in a State;
                    ``(E) reduce the need for generating capacity;
                    ``(F) provide efficiency loans to--
                            ``(i) not fewer than 20,000 consumers, in 
                        the case of a single eligible entity; or
                            ``(ii) not fewer than 80,000 consumers, in 
                        the case of a group of eligible entities; and
                    ``(G) serve areas in which, as determined by the 
                Secretary, a large percentage of consumers reside--
                            ``(i) in manufactured homes; or
                            ``(ii) in housing units that are more than 
                        50 years old.
            ``(3) Deadline for implementation.--The agreements required 
        by paragraph (1) shall, to the maximum extent practicable, be 
        entered into not later than 90 days after the date of enactment 
        of this section.
            ``(4) Effect on availability of loans nationally.--Nothing 
        in this subsection shall delay the availability of loans to 
        eligible entities on a national basis beginning not later than 
        180 days after the date of enactment of this section.
            ``(5) Additional demonstration project authority.--
                    ``(A) In general.--The Secretary may conduct 
                demonstration projects in addition to the project 
                authorized by paragraph (1).
                    ``(B) Inapplicability of certain criteria.--The 
                additional demonstration projects may be carried out 
                without regard to subparagraphs (D), (F), or (G) of 
                paragraph (2).
    ``(f) Additional Authority.--The authority provided in this section 
is in addition to any authority of the Secretary to offer loans under 
any other law.
    ``(g) Regulations.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, not later than 180 days after the date of enactment 
        of this section, the Secretary shall promulgate such 
        regulations as are necessary to implement this section.
            ``(2) Procedure.--The promulgation of the regulations and 
        administration of this section shall be made without regard 
        to--
                    ``(A) chapter 35 of title 44, United States Code 
                (commonly known as the `Paperwork Reduction Act'); and
                    ``(B) the Statement of Policy of the Secretary of 
                Agriculture effective July 24, 1971 (36 Fed. Reg. 
                13804), relating to notices of proposed rulemaking and 
                public participation in rulemaking.
            ``(3) Congressional review of agency rulemaking.--In 
        carrying out this section, the Secretary shall use the 
        authority provided under section 808 of title 5, United States 
        Code.
            ``(4) Interim regulations.--Notwithstanding paragraphs (1) 
        and (2), to the extent regulations are necessary to carry out 
        any provision of this section, the Secretary shall implement 
        such regulations through the promulgation of an interim rule.
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $760,000,000, 
to remain available until expended.''.

                     Subtitle B--Federal Properties

SEC. 211. ENERGY EFFICIENT FEDERAL BUILDINGS.

    (a) In General.--
            (1) Requirements.--Section 543 of the National Energy 
        Conservation Policy Act (42 U.S.C. 8253) is amended--
                    (A) by redesignating the second subsection (f) 
                (relating to large capital energy investments) as 
                subsection (g); and
                    (B) by adding at the end the following:
    ``(h) Energy Efficient Federal Buildings.--
            ``(1) In general.--To the maximum extent practicable, each 
        Federal agency shall ensure that any new Federal building is 
        designed in a manner to enhance energy efficiency, including--
                    ``(A) by complying with paragraphs (2) and (3); and
                    ``(B) by identifying and analyzing impacts from 
                energy usage and alternative energy sources in all 
                environmental impact statements or similar analyses 
                required under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) for proposals covering 
                new or expanded Federal facilities.
            ``(2) First stage.--To the maximum extent practicable, each 
        Federal agency shall ensure that any Federal building that 
        enters the design phase on or after January 1, 2012--
                    ``(A) is designed to exceed national building 
                performance standards updated in accordance with 
                section 304 of the Energy Conservation and Production 
                Act (42 U.S.C. 6833);
                    ``(B) accelerates use of cost-effective, innovative 
                technologies and strategies to minimize consumption of 
                energy, water, and materials; and
                    ``(C) is located in accordance with a process that 
                considers sites with convenient access to public 
                transportation alternatives.
            ``(3) Second stage.--To the maximum extent practicable, 
        each Federal agency shall ensure that any Federal building that 
        enters the design phase on or after January 1, 2020, is 
        designed to achieve net-zero energy use by January 1, 2030.''.
            (2) Conforming amendments.--Section 305(a)(3) of the Energy 
        Conservation and Production Act (42 U.S.C. 6834(a)(3)) is 
        amended--
                    (A) by striking subparagraph (B); and
                    (B) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (B) and (C), respectively.
    (b) Leases.--
            (1) In general.--Section 435(a) of the Energy Independence 
        and Security Act of 2007 (42 U.S.C. 17091(a)) is amended--
                    (A) by striking ``Except as'' and inserting the 
                following:
            ``(1) Energy star label.--Except as''; and
                    (B) by adding at the end the following:
            ``(2) Energy consumption information.--Effective beginning 
        on the date that is 180 days after the date of enactment of the 
        Practical Energy Plan Act of 2011, no Federal agency shall 
        enter into or renew a lease of a commercial building unless 
        there is clearly and publicly available for the building 
        information concerning the actual energy consumption of the 
        building for each of the 5 most recent years for which data are 
        available, in a normalized data format that permits data 
        comparability, as determined by the Administrator of General 
        Services.''.
            (2) Exception.--Section 435(b)(1) of the Energy 
        Independence and Security Act of 2007 (42 U.S.C. 17091(b)(1)) 
        is amended by striking subparagraph (B) and inserting the 
        following:
                    ``(B) the agency--
                            ``(i) proposes to remain in the building 
                        that the agency has occupied previously; and
                            ``(ii) conducts a cost-benefit analysis 
                        that compares--
                                    ``(I) the financial savings from 
                                moving to a building that meets the 
                                standards described in subsection (a); 
                                to
                                    ``(II) the cost of relocating 
                                personnel and equipment;''.
    (c) Congressional Approval of Proposed Projects.--Section 3307 of 
title 40, United States Code, is amended by adding at the end the 
following:
    ``(i) Availability of Funds for Design Updates.--
            ``(1) In general.--Subject to paragraph (2), for any 
        project for which congressional approval is received under 
        subsection (a) and for which the design has been substantially 
        completed but construction has not begun, the Administrator of 
        General Services may use appropriated funds to update the 
        project design to meet applicable Federal building energy 
        efficiency standards established under section 305 of the 
        Energy Conservation and Production Act (42 U.S.C. 6834) and 
        other requirements established under section 3312.
            ``(2) Limitation.--The use of funds under paragraph (1) 
        shall not exceed 125 percent of the estimated energy or other 
        cost savings associated with the updates as determined by a 
        life-cycle cost analysis under section 544 of the National 
        Energy Conservation Policy Act (42 U.S.C. 8254).''.

SEC. 212. ACCELERATING ENERGY SAVINGS PERFORMANCE CONTRACTS.

    Section 543(f)(4) of the National Energy Conservation Policy Act 
(42 U.S.C. 8253(f)(4)) is amended by striking ``may'' and inserting 
``shall''.

SEC. 213. SENSE OF CONGRESS ON INCLUSION OF ENERGY EFFICIENCY AS 
              SELECTION CRITERIA FOR BASE CLOSURE AND REALIGNMENT 
              DECISIONS.

    It is the sense of Congress that the energy efficiency of military 
installations, including operating costs, independence from the energy 
grid, and utilization of private sector resources and new technologies, 
should be one of the criteria used by the Secretary of Defense in 
making recommendations for the closure or realignment of military 
installations inside the United States under the Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
U.S.C. 2687 note) or any other provision of law.

SEC. 214. FEDERAL PROPERTY REALIGNMENT AND SAVINGS.

    (a) Definitions.--In this section--
            (1) the term ``agency''--
                    (A) means an Executive agency as defined under 
                section 105 of title 5, United States Code; and
                    (B) does not include the United States Postal 
                Service;
            (2) the term ``Director'' means the Director of the Office 
        of Management and Budget;
            (3) the term ``disposal'' means any action that constitutes 
        the removal of a property from the Federal inventory or that 
        produces revenue for the Federal Government from its inventory, 
        including sale, deed, demolition, or exchange;
            (4) the term ``Federal civilian real property''--
                    (A) means Federal real property assets, including 
                buildings, land, warehouses, facilities, or other 
                physical structures under the custody and control of 
                any agency that are used for civilian purposes;
                    (B) does not include--
                            (i) military installations;
                            (ii) any property that is excluded for 
                        reasons of national security or homeland 
                        security by the Director;
                            (iii) any property that is excepted from 
                        the definition of the term ``property'' under 
                        section 102(9) of title 40, United States Code, 
                        however any constructed asset that may reside 
                        upon the property excepted from that definition 
                        shall be included as Federal civilian real 
                        property;
                            (iv) land managed as part of the national 
                        wildlife refuge system, but not any constructed 
                        asset within or on that land;
                            (v) Indian lands, as defined under section 
                        203 of the Public Lands Corps Act of 1993 (16 
                        U.S.C. 1722), but not any constructed asset 
                        within or on the land;
                            (vi) property governed by the first section 
                        of the Tennessee Valley Authority Act of 1933 
                        (16 U.S.C. 831); or
                            (vii) real property owned by the United 
                        States Postal Service; and
            (5) the term ``military installation''--
                    (A) means a base, camp, post, station, yard, 
                center, homeport facility for any ship, or other 
                activity under the jurisdiction of the Department of 
                Defense, including any leased facility; and
                    (B) does not include any facility used primarily 
                for civil works, rivers and harbors projects, or flood 
                control.
    (b) Interagency Review Process.--
            (1) Reduction of inventory.--The General Services 
        Administration shall identify opportunities for the Federal 
        Government to significantly reduce the inventory of Federal 
        civilian real property.
            (2) Independent analysis.--
                    (A) In general.--The Director shall perform an 
                independent analysis of the inventory of Federal 
                civilian real property.
                    (B) Recommendations.--To assist in the analysis, 
                the Director shall obtain recommendations from 
                agencies, which shall include the identification of--
                            (i) Federal civilian real properties that 
                        can be sold for proceeds and otherwise disposed 
                        of, transferred, consolidated, co-located, or 
                        reconfigured, so as to reduce the Federal 
                        civilian real property inventory and operating 
                        costs of the Federal Government;
                            (ii) operational efficiencies that the 
                        Federal Government can realize in its operation 
                        and maintenance of Federal civilian real 
                        properties;
                            (iii) the anticipated cost of disposal, 
                        transfer, consolidation, co-location, or 
                        reconfiguration of Federal civilian real 
                        properties identified under paragraph (1); and
                            (iv) the environmental effects of the 
                        disposal, transfer, consolidation, co-location, 
                        or reconfiguration of the Federal civil real 
                        properties identified under paragraph (1) and 
                        of any reasonable alternatives to such Federal 
                        civil real properties, and potential mitigation 
                        of any of the adverse environmental effects.
            (3) Review of the recommendations.--In consultation with 
        the Administrator of General Services and the Secretary of 
        Energy, the Director shall conduct a review of the 
        recommendations provided by agencies.
            (4) Final recommendations.--The Director shall notify each 
        agency of the final recommendation of the Director of actions 
        to be taken by the agency with respect to the applicable 
        Federal civilian real property.
    (c) Implementation of Director Recommendations.--
            (1) In general.--Notwithstanding any other provision of 
        law, each agency shall prepare and carry out each 
        recommendation of the Director.
            (2) Schedule.--Each agency shall--
                    (A) begin preparations to implement recommendations 
                of the Director as soon as practicable; and
                    (B) complete implementation of all recommendations 
                of the Director not later than the end of the 5-year 
                period beginning on the date the agency received 
                notification with respect to the applicable Federal 
                civilian real property.
            (3) Extenuating circumstances.--For any recommendation that 
        will take longer than the 5-year period due to extenuating 
        circumstances, an agency shall notify the Director as soon as 
        the circumstance occurs with an estimated time to complete the 
        recommendation. In such cases, the Director may extend the 
        period for completion of the recommendation for a period of up 
        to an additional 2 years.
    (d) Agency Implementation Authority.--In implementing any 
recommendation under this section, an agency may--
            (1) acquire such land, construct such replacement 
        facilities, and conduct such advance planning and design as may 
        be required to transfer functions from 1 location to another;
            (2) provide outplacement assistance to civilian employees 
        employed by the agency at a location subject to a 
        recommendation;
            (3) carry out activities for purposes of environmental 
        restoration and mitigation at any such installation; and
            (4) reimburse other agencies for actions performed at the 
        request of the Director with respect to any such 
        recommendation.
    (e) Specific Authorities.--
            (1) Authority under this section.--
                    (A) In general.--Notwithstanding any other 
                provision of the laws that govern the disposal 
                authorities of agencies, all disposals implemented as a 
                result of a recommendation of the Director shall be 
                implemented in accordance with this section. If any 
                other disposal authority for an agency is inconsistent 
                with this section, the provisions of this section shall 
                control the implementation of a disposal recommended by 
                the Director.
                    (B) Other authorities.--To the extent that the 
                other disposal authorities are otherwise consistent 
                with this section, an agency shall implement a 
                recommendation of the Director to dispose a property by 
                using those other disposal authorities of the agency, 
                regardless of whether the agency--
                            (i) has been delegated disposal authority 
                        by the Administrator of the General Services 
                        Administration under subtitle I of title 40 or 
                        subtitle I of title 41, United States Code;
                            (ii) has an independent disposal authority; 
                        or
                            (iii) is required to work in partnership 
                        with the General Services Administration 
                        property disposal unit.
            (2) Authorized actions.--In accordance with this 
        subsection, when implementing a recommendation to consolidate, 
        reconfigure, co-locate, or realign a real property asset all 
        agencies may take such action as necessary to implement the 
        recommendations of the Director. Consistent with this section, 
        the Director may instruct an agency to use the expertise of the 
        General Services Administration in carrying out a recommended 
        consolidation, reconfiguration, co-location, or realignment. 
        Consistent with law and available funding, any agency may 
        contract with the General Services Administration for 
        assistance or consultation on implementing a recommendation to 
        consolidate, reconfigure, co-locate, or realign a real property 
        asset.
            (3) Suspension of transactions.--If any Federal civilian 
        real property is identified as an asset to be disposed, 
        consolidated, reconfigured, or otherwise realigned in a 
        recommendation of the Director, any transaction with respect to 
        that property that would prevent a recommendation from being 
        carried out shall be suspended during a 45-day period beginning 
        on the date of the notification received by an agency with 
        respect to the applicable Federal civilian real property.
    (f) Determinations Regarding Certain Transactions.--Notwithstanding 
any other provision of law, for any transaction identified, 
recommended, or commenced as a result of this section, the Director 
shall determine whether and to what extent an agency shall implement 
the transaction consistent with any legal priorities or requirements to 
enter into a transaction to convey a Federal civilian real property for 
less than fair market value or in a transaction that mandates the 
exclusion of other market participants.
    (g) Statutes Not Applicable.--Notwithstanding any other provision 
of law, any recommendation or commencement under this section of a 
disposal, consolidation, reconfiguration, co-location, or realignment 
of civilian real property shall not be subject to--
            (1) section 545(b)(8) of title 40, United States Code;
            (2) sections 550, 554, and 553 of title 40, United States 
        Code;
            (3) section 501 of Public Law 100-77 (42 U.S.C. 11411);
            (4) any section of An Act Authorizing the Transfer of 
        Certain Real Property for Wildlife, or other Purposes (16 
        U.S.C. 667b);
            (5) section 47151 of title 49, United States Code;
            (6) sections 107 and 317 of title 23, United States Code;
            (7) section 1304(b) of title 40, United States Code;
            (8) section 13(d) of the Surplus Property Act of 1944 (50 
        U.S.C. App. 1622(d));
            (9) any other provision of law authorizing the conveyance 
        of real property owned by the Federal Government for no 
        consideration; or
            (10) any congressional notification requirement other than 
        that in section 545 of title 40, United States Code.
    (h) No Restriction on Use of Funds.--No provision of law shall be 
construed as restricting the use of funds for disposing or realigning 
Federal civilian real property in accordance with a recommendation of 
the Director, except in the case of a provision of law which 
specifically refers to a particular asset of Federal civilian real 
property and expressly states that such restriction shall apply to such 
asset notwithstanding this section.
    (i) Funding.--
            (1) Definitions.--In this subsection--
                    (A) the term ``gross proceeds'' means the gross 
                proceeds received from the disposal of any Federal 
                civilian real property in accordance with a 
                recommendation of the Director under this section;
                    (B) the term ``related costs'' means amounts--
                            (i) to cover the necessary costs associated 
                        with--
                                    (I) the disposal of property;
                                    (II) consolidation, co-location, 
                                and reconfiguration actions; and
                                    (III) other actions taken to 
                                otherwise realize operational 
                                efficiencies, including such actions as 
                                environmental restoration; and
                            (ii) for outplacement assistance to Federal 
                        employees who work at a Federal property that 
                        is affected by actions taken under this 
                        section, and whose employment would be 
                        terminated as a result of such disposal, 
                        consolidation, or other realignment.
            (2) Use of funds.--
                    (A) In general.--The Director shall determine the 
                amounts of gross proceeds to be deposited--
                            (i) as miscellaneous receipts in the 
                        General Fund of the United States Treasury; and
                            (ii) in appropriations accounts of agencies 
                        in accordance with subparagraph (B).
                    (B) Agency funding.--Amounts deposited under 
                subparagraph (A)(ii) may be deposited in an applicable 
                agency appropriation account relating to--
                            (i) related costs;
                            (ii) real property management reinvestment; 
                        or
                            (iii) the funding of any program 
                        established under section 121, 201, 202, 203, 
                        or 221 or an amendment made by that section.
                    (C) Availability.--Any amounts deposited in an 
                appropriations account under this subsection--
                            (i) shall be available for any authorized 
                        purpose of that account; and
                            (ii) shall remain available until expended.

     Subtitle C--Industrial and Power Generation Energy Efficiency

SEC. 221. STATE PARTNERSHIP INDUSTRIAL ENERGY EFFICIENCY REVOLVING LOAN 
              PROGRAM.

    Section 399A of the Energy Policy and Conservation Act (42 U.S.C. 
6371h-1) is amended--
            (1) in the section heading, by inserting ``and industry'' 
        before the period at the end;
            (2) by redesignating subsections (h) and (i) as subsections 
        (i) and (j), respectively; and
            (3) by inserting after subsection (g) the following:
    ``(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 reduce systems 
        energy intensity, including the use of energy intensive 
        feedstocks and improved recycling of materials.
            ``(2) Eligible lenders.--To be eligible to receive cost-
        matched Federal funds under this subsection, a lender shall--
                    ``(A) be a community or economic development 
                lender;
                    ``(B) be part of a partnership that includes 
                participation by, at a minimum--
                            ``(i) a State or local 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 
                to 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, at facilities 
        located in the United States, of industrial and commercial 
        applications of technologies or processes that substantially 
        reduce the energy intensity of operations or production of the 
        facility, including reduction of energy intensive feedstocks 
        and improved recycling of materials in manufacturing.
            ``(6) Evaluation.--The Secretary shall evaluate 
        applications for cost-matched Federal funds under this 
        subsection taking into consideration--
                    ``(A) the commitment to provide non-Federal funds 
                in accordance with paragraph (2)(D);
                    ``(B) the plan of the program to encourage private 
                lending for energy efficiency upgrades;
                    ``(C) program economic sustainability;
                    ``(D) the capability of the applicant to administer 
                the program;
                    ``(E) the quantity of energy savings or energy 
                feedstock minimization;
                    ``(F) the energy intensity of areas to be served by 
                the program;
                    ``(G) percentage electricity rate increases in 
                areas to be served by the applicant that are 
                attributable to implementation of environmental 
                controls on existing power generation facilities and 
                new power generation facilities;
                    ``(H) State adoption and progress on implementation 
                of energy efficiency building codes as established in 
                section 304 of the Energy Conservation and Production 
                Act (42 U.S.C. 6833); and
                    ``(I) the ability to fund energy efficient projects 
                on a timely basis after the date of the grant award.
            ``(7) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $500,000,000 
        for each of fiscal years 2012 through 2016.''.

SEC. 222. STUDY OF NEW SOURCE REVIEW TO ENCOURAGE ENERGY EFFICIENCY.

    (a) In General.--The Comptroller General of the United States shall 
conduct a review to examine--
            (1) the impact of new source review requirements under the 
        Clean Air Act (42 U.S.C. 7401 et seq.) and related laws on the 
        ability of plant owners to improve energy efficiency of 
        regulated major sources, including power generation for 
        commercial sale and covered industrial sources;
            (2) the implementation of new source review requirements by 
        the Administrator of the Environmental Protection Agency, 
        including transparency and consistency in measurement and 
        procedures;
            (3) the potential to increase energy efficiency in power 
        generation, including--
                    (A) likely consumer rates and emissions (at both 
                the individual facility and system-wide levels);
                    (B) the impact of the improvements; and
                    (C) the impact of new source review requirements 
                and implementation by the Administrator on achieving 
                efficiency gains; and
            (4) existing Federal programs to improve energy efficiency 
        in power generation applications.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Comptroller General 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 on the results of 
the study conducted under subsection (a).

      Subtitle D--Procurement, Equipment, and Appliance Efficiency

SEC. 231. APPLIANCE AND EQUIPMENT EFFICIENCY.

    (a) Coverage.--Section 322(a) of the Energy Policy and Conservation 
Act (42 U.S.C. 6292(a)) is amended--
            (1) by designating paragraph (20) as paragraph (21); and
            (2) by inserting after paragraph (19) the following:
            ``(20) Computer monitors and displays, personal computers, 
        and cable, satellite, and fiber optic service set top boxes.''.
    (b) Energy Conservation Standards.--Section 325(l) of the Energy 
Policy and Conservation Act (42 U.S.C. 6295(l)) is amended--
            (1) by striking ``paragraph (19)'' each place it appears 
        and inserting ``paragraph (21)'';
            (2) in the first sentence of paragraph (3), by inserting 
        ``and computer monitors and displays, personal computers, and 
        cable, satellite, and fiber optic service set top boxes'' after 
        ``television sets''; and
            (3) by adding at the end the following:
            ``(5) Notice.--If the Secretary finds that a covered 
        product meets the criteria established under paragraph (1) but 
        does not establish an energy conservation standard for the 
        covered product, 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 notice 
        indicating that the standard has not been established.''.
    (c) Definition of Industrial Equipment.--Section 340(2)(B) of the 
Energy Policy and Conservation Act (42 U.S.C. 6311(2)(B)) is amended--
            (1) in clause (xi), by striking ``and'' at the end;
            (2) in clause (xii), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(xiii) other equipment.''.
    (d) Covered Equipment.--Section 342 of the Energy Policy and 
Conservation Act (42 U.S.C. 6313) is amended by adding at the end the 
following:
    ``(g) Covered Equipment.--The Secretary shall establish an energy 
conservation standard for each type or class of covered equipment 
described in section 340(1) if--
            ``(1) the requirements of subsections (o) and (p) of 
        section 325 are met for the type or class;
            ``(2) substantial improvement in the energy efficiency of 
        products of the type or class is technologically feasible; and
            ``(3) the application of a labeling rule or voluntary 
        labeling program to the type or class is not likely to be 
        sufficient to induce manufacturers to produce, and consumers 
        and other persons to purchase, covered products of the type or 
        class that achieve the maximum energy efficiency that is 
        technologically feasible and economically justified.''.
    (e) Report on Efficiency Standards for Additional Consumer Products 
and Commercial and Industrial Equipment.--Not later than 1 year after 
the date of enactment of this Act, the Secretary of Energy shall submit 
to the Committee on Energy and Commerce of the House of Representatives 
and the Committee on Energy and Natural Resources of the Senate a 
report that identifies--
            (1) consumer products and commercial and industrial 
        equipment not covered by efficiency standards (as of the date 
        of enactment of this Act) that have significant national energy 
        savings potential (including through usage of natural gas), as 
        determined by the Secretary;
            (2) levels of potential energy savings for products and 
        equipment identified under paragraph (1);
            (3) which of the products and equipment identified under 
        paragraph (1) are likely, prima facie, to qualify as covered 
        under authority of the Secretary in existence on the date of 
        enactment of this Act, and a plan for formal review of those 
        products and equipment under existing authority; and
            (4) which of the products identified under paragraph (1) 
        require additional authority for the Secretary to be covered.

SEC. 232. FEDERAL PROCUREMENT AND USAGE OF ENERGY EFFICIENT PRODUCTS.

    (a) In General.--Section 553(b) of the National Energy Conservation 
Policy Act (42 U.S.C. 8259b(b)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Requirement.--Except as provided in paragraph (4), 
        beginning on the date of enactment of the Practical Energy Plan 
        Act of 2011, the head of an agency shall procure, for not less 
        than 95 percent of the new contract actions, task orders, and 
        delivery orders for products and services (other than for 
        weapon systems) for the agency--
                    ``(A) an Energy Star rated product;
                    ``(B) a FEMP designated product; or
                    ``(C) any other highly energy efficient product 
                that is--
                            ``(i) reasonably expected to exceed Energy 
                        Star ratings; and
                            ``(ii) procured for the purposes of testing 
                        and demonstrating new technologies to encourage 
                        commercial application.''; and
            (2) by adding at the end the following:
            ``(4) Exemption.--Paragraph (1) shall not apply if there 
        are less than 2 products available that meet applicable energy 
        efficiency criteria.''.
    (b) Guidance.--Not later than 1 year after the date of enactment of 
this Act, the Administrator of General Services, in consultation with 
the Secretary of Energy, shall issue guidance for Executive agencies to 
employ tools that achieve energy savings through the use of computer 
hardware, energy efficiency software, and power tools.
    (c) Reports on Plans and Savings.--Not later than 180 days after 
the date of the issuance of the guidance under subsection (b), each 
Executive agency shall submit to the Administrator of General Services 
and make publicly available a report that describes--
            (1) the plan of the Executive agency for implementing the 
        guidance within the Executive agency; and
            (2) estimated energy and financial savings from employing 
        the tools described in subsection (b).

                   TITLE III--MEASUREMENT AND REVIEW

SEC. 301. MEASUREMENT AND REVIEW.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Energy, in consultation with the 
Administrator of the Environmental Protection Agency and the Secretary 
of Transportation, shall submit to the appropriate committees of 
Congress a list of Federal programs (including programs established or 
modified under this Act and the amendments made by this Act), for which 
the Comptroller General of the United States shall carry out a study 
that monitors the progress of the programs in meeting the energy 
security, economic competitiveness, and pollution reduction goals under 
this Act and the amendments made by this Act.
    (b) Study.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act and every 3 years thereafter for the 12-
        year period beginning on the date of enactment of this Act, the 
        Comptroller General of the United States shall--
                    (A) carry out a study that monitors the progress of 
                the programs described in subsection (a);
                    (B) submit to the appropriate committees of 
                Congress a report containing the findings of the study 
                carried out under this subsection; and
                    (C) publish reports and, to the maximum extent 
                practicable, accompanying data for public view on the 
                Internet.
            (2) Contents.--A study and report carried out under 
        paragraph (1) shall include--
                    (A) an examination of the effects the programs 
                described in subsection (a) have had on--
                            (i) Federal fiscal issues;
                            (ii) the consumption, production, and 
                        import of oil and petroleum products;
                            (iii) national energy production and 
                        demand;
                            (iv) pollution levels and greenhouse gas 
                        emissions;
                            (v) power and fuel costs;
                            (vi) energy intensity and economic 
                        productivity; and
                            (vii) the advancement and deployment of 
                        technology;
                    (B) any recommendations of the Comptroller General 
                on improving the performance of the programs.
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