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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1462 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 110
111th CONGRESS
  1st Session
                                S. 1462

                          [Report No. 111-48]

    To promote clean energy technology development, enhanced energy 
    efficiency, improved energy security, and energy innovation and 
             workforce development, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 16, 2009

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
 reported the following original bill; which was read twice and placed 
                            on the calendar

_______________________________________________________________________

                                 A BILL

 
    To promote clean energy technology development, enhanced energy 
    efficiency, improved energy security, and energy innovation and 
             workforce development, 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 ``American Clean 
Energy Leadership Act of 2009''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
              TITLE I--CLEAN ENERGY TECHNOLOGY DEPLOYMENT

                   Subtitle A--Clean Energy Financing

Sec. 101. Purpose.
Sec. 102. Definitions.
Sec. 103. Improvements to existing programs.
Sec. 104. Energy technology deployment goals.
Sec. 105. Clean Energy Deployment Administration.
Sec. 106. Administration functions.
Sec. 107. Federal Credit Authority.
Sec. 108. General provisions.
                Subtitle B--Improved Transmission Siting

Sec. 121. Siting of interstate electric transmission facilities.
           Subtitle C--Federal Renewable Electricity Standard

Sec. 131. Sense of Congress on renewable energy and energy efficiency.
Sec. 132. Federal renewable electricity standard.
Sec. 133. Federal purchase requirement amendments.
                Subtitle D--Energy and Water Integration

Sec. 141. Energy water nexus study.
Sec. 142. Power plant water and energy efficiency.
Sec. 143. Reclamation water conservation and energy savings study.
Sec. 144. Brackish groundwater national desalination research facility.
Sec. 145. Enhanced information on water-related energy consumption.
Sec. 146. Energy-Water Research and Development Roadmap.
Sec. 147. Energy-water clean technology grant program.
Sec. 148. Rural water utilities energy and water efficiency program.
Sec. 149. Comprehensive water use and energy savings study.
               Subtitle E--Vehicle Technology Deployment

Sec. 151. Transportation roadmap study.
Sec. 152. Vehicle technology and recharging infrastructure.
Sec. 153. Electric drive transportation standardization.
Sec. 154. Pilot program for plug-in electric drive vehicles for Federal 
                            fleet.
Sec. 155. Study of end-of-useful life options for motor vehicle 
                            batteries.
                  TITLE II--ENHANCED ENERGY EFFICIENCY

              Subtitle A--Manufacturing Energy Efficiency

Sec. 201. State partnership industrial energy efficiency revolving loan 
                            program.
Sec. 202. Coordination of research and development of energy efficient 
                            technologies for industry.
Sec. 203. Energy efficient technologies assessment.
Sec. 204. Future of Industry program.
Sec. 205. Sustainable manufacturing initiative.
Sec. 206. Innovation in industry grants.
Sec. 207. Study of advanced energy technology manufacturing 
                            capabilities in the United States.
Sec. 208. Industrial Technologies steering committee.
Sec. 209. Authorization of appropriations.
      Subtitle B--Improved Efficiency in Appliances and Equipment

Sec. 221. Test procedure petition process.
Sec. 222. Energy Star program.
Sec. 223. Petition for amended standards.
Sec. 224. Portable light fixtures.
Sec. 225. GU-24 base lamps.
Sec. 226. Standards for certain incandescent reflector lamps and 
                            reflector lamps.
Sec. 227. Standards for commercial furnaces.
Sec. 228. Motor efficiency rebate program.
Sec. 229. Study of compliance with energy standards for appliances.
Sec. 230. Study of direct current electricity supply in certain 
                            buildings.
Sec. 231. Motor market assessment and commercial awareness program.
Sec. 232. Study regarding Energy Superstar concept.
Sec. 233. Technical amendment.
                    Subtitle C--Building Efficiency

                         PART I--Building Codes

Sec. 241. Greater energy efficiency in building codes.
Sec. 242. Multifamily and Manufactured Housing Energy Efficiency Grant 
                            Program.
Sec. 243. Building training and assessment centers.
       PART II--Weatherization Assistance for Low-income Persons

Sec. 251. Weatherization assistance for low-income persons.
                     PART III--State Energy Program

Sec. 255. State Energy Program.
            PART IV--State Energy Efficiency Grants Program

Sec. 261. Definitions.
Sec. 262. State energy efficiency retrofit programs.
Sec. 263. Administrative and technical support.
Sec. 264. Regulations.
Sec. 265. Funding.
Sec. 266. Home Energy Retrofit Finance Program.
               PART V--Federal Efficiency and Renewables

Sec. 271. Federal purchase requirement.
Sec. 272. Competition requirements for task or delivery orders under 
                            energy savings performance contracts.
Sec. 273. Funding flexibility.
Sec. 274. Definition of energy savings.
Sec. 275. National energy efficiency improvement goals.
Sec. 276. Energy sustainability and efficiency grants and loans for 
                            institutions.
Sec. 277. Federal implementation strategy for energy-efficient 
                            information and communications 
                            technologies.
Sec. 278. Incentives for Federal agencies to participate in energy 
                            efficiency programs.
     PART VI--Energy Efficiency Information on Homes and Buildings

Sec. 281. Building energy performance information program.
Sec. 282. Evaluation, measurement, and verification of energy savings.
   PART VII--Residential High Performance Zero-Net-Energy Buildings 
                               Initiative

Sec. 291. Residential High Performance Zero-Net-Energy Buildings 
                            Initiative.
                       Subtitle D--Electric Grid

Sec. 295. National electric system efficiency and peak demand reduction 
                            goal.
Sec. 296. Uniform national standards for interconnection of certain 
                            small power production facilities.
                  TITLE III--IMPROVED ENERGY SECURITY

      Subtitle A--Cyber Security of the Electric Transmission Grid

Sec. 301. Critical electric infrastructure.
                       Subtitle B--Nuclear Energy

Sec. 311. National Commission on Nuclear Waste.
Sec. 312. Sense of Congress regarding the strategic role of nuclear 
                            energy.
Sec. 313. Advanced fuel recycling process development.
         Subtitle C--Improving United States Strategic Reserves

Sec. 321. Petroleum product reserve.
Sec. 322. Petroleum exchange authority.
              Subtitle D--Federal Oil and Gas Development

                      PART I--Oil and Gas Leasing

Sec. 331. Oil and Gas Permit Processing Improvement Fund.
Sec. 332. Facilitation of coproduction of geothermal energy on oil and 
                            gas leases.
                    PART II--Outer Continental Shelf

Sec. 341. Implementation of inventory of outer Continental Shelf 
                            resources.
Sec. 342. Alaska OCS permit processing coordination office.
Sec. 343. Moratorium of oil and gas leasing in certain areas of the 
                            Gulf of Mexico.
Sec. 344. Repeal of outer Continental Shelf deep water and deep gas 
                            royalty relief.
                        PART III--Miscellaneous

Sec. 351. Minerals Management Service.
Sec. 352. Preservation of geological and geophysical data.
Sec. 353. Alaska natural gas pipeline.
Sec. 354. Denali National Park and Preserve natural gas pipeline.
Sec. 355. Exemption of trans-Alaska oil pipeline system from certain 
                            requirements.
Sec. 356. Procurement and acquisition of alternative fuels.
Sec. 357. Geologic Materials Archiving Grant Program.
          Subtitle E--Public Land Renewable Energy Deployment

Sec. 361. Renewable energy Federal permit coordination.
Sec. 362. Extension of funding for implementation of Geothermal Steam 
                            Act of 1970.
Sec. 363. Programmatic environmental impact statements and land use 
                            planning.
Sec. 364. Report.
Sec. 365. Renewable energy development on brownfield sites.
Sec. 366. Development of solar and wind energy on public land.
                       Subtitle F--Carbon Capture

Sec. 371. Large-scale carbon storage program.
Sec. 372. Training program for State agencies.
                       Subtitle G--Island Energy

Sec. 381. Affiliated island energy independence team.
         TITLE IV--ENERGY INNOVATION AND WORKFORCE DEVELOPMENT

                          Subtitle A--Funding

Sec. 401. Authorization of appropriations for energy research, 
                            development, demonstration, and commercial 
                            application activities.
        Subtitle B--Grand Energy Challenges Research Initiative

Sec. 411. Grand Energy Challenges Research Initiative.
 Subtitle C--Improvements to Existing Energy Research and Development 
                                Programs

Sec. 421. Advanced Research Projects Agency--Energy.
Sec. 422. Domestic vehicle battery manufacturing research.
Sec. 423. Lightweight materials research and development.
Sec. 424. Amendments to the Methane Hydrate Research and Development 
                            Act of 2000.
Sec. 425. Program to exploit low-Btu gas and conserve helium resources.
Sec. 426. Office of Arctic Energy.
Sec. 427. Ultra-deepwater and unconventional natural gas and other 
                            petroleum resources program.
                Subtitle D--Energy Workforce Development

Sec. 431. Best practices for energy career academies.
Sec. 432. Energy career academies.
Sec. 433. Energy utility trades program for community colleges.
Sec. 434. Student awareness of energy career opportunities.
Sec. 435. Coordination of energy workforce training programs.
Sec. 436. Direct hire authority.
Sec. 437. Critical pay authority.
Sec. 438. Reemployment of civilian retirees.
Sec. 439. Sustainable energy training program for community colleges.
  Subtitle E--Strengthening Education and Training in the Subsurface 
           Geosciences and Engineering for Energy Development

Sec. 451. Definitions.
Sec. 452. Policy.
Sec. 453. Research personnel and programs.
Sec. 454. Scholarships and fellowships.
Sec. 455. Career technical and community college education.
Sec. 456. Use of funds by institutions.
Sec. 457. Advisory Committee.
Sec. 458. Office; regulations.
Sec. 459. Authorization of appropriations.
Sec. 460. Study of availability of skilled workers.
                       Subtitle F--Miscellaneous

Sec. 471. Other transactions authority.
Sec. 472. Definition of National Laboratory.
Sec. 473. Protection of results.
Sec. 474. Marine and hydrokinetic renewable energy research and 
                            development.
                        TITLE V--ENERGY MARKETS

Sec. 501. Enhanced information on critical energy supplies.
Sec. 502. Working Group on Energy Markets.
Sec. 503. Study of regulatory framework for energy markets.
Sec. 504. Metadata formats for energy prices.
Sec. 505. Emergency orders under the Federal Power Act.
Sec. 506. Cease-and-desist authority under the Federal Power Act.
Sec. 507. Cease-and-desist authority under the Natural Gas Act.
Sec. 508. De novo review of civil penalties under the Natural Gas Act.
                  TITLE VI--POLICY STUDIES AND REPORTS

Sec. 601. Helium gas resource assessment.
Sec. 602. Potash mineral resource assessment.
Sec. 603. Better energy strategy for tomorrow.
Sec. 604. Addressing climate change in China and India.
Sec. 605. Carbon leakage mitigation study.
Sec. 606. Study of foreign fuel subsidies.
Sec. 607. Assessment of renewable energy resources.
Sec. 608. Efficiency review of electric generation facilities.
Sec. 609. Report on emissions of alternative transportation fuels.
Sec. 610. Oil savings.

SEC. 2. DEFINITION OF SECRETARY.

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

              TITLE I--CLEAN ENERGY TECHNOLOGY DEPLOYMENT

                   Subtitle A--Clean Energy Financing

SEC. 101. PURPOSE.

    The purpose of this subtitle is to promote the domestic development 
and deployment of clean energy technologies required for the 21st 
century through the improvement of existing programs and the 
establishment of a self-sustaining Clean Energy Deployment 
Administration that will provide for an attractive investment 
environment through partnership with and support of the private capital 
market in order to promote access to affordable financing for 
accelerated and widespread deployment of--
            (1) clean energy technologies;
            (2) advanced or enabling energy infrastructure 
        technologies;
            (3) energy efficiency technologies in residential, 
        commercial, and industrial applications, including end-use 
        efficiency in buildings; and
            (4) manufacturing technologies for any of the technologies 
        or applications described in this section.

SEC. 102. DEFINITIONS.

    In this subtitle:
            (1) Administration.--The term ``Administration'' means the 
        Clean Energy Deployment Administration established by section 
        105.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Administration.
            (3) Advisory council.--The term ``Advisory Council'' means 
        the Energy Technology Advisory Council of the Administration.
            (4) Breakthrough technology.--The term ``breakthrough 
        technology'' means a clean energy technology that--
                    (A) presents a significant opportunity to advance 
                the goals developed under section 104, as assessed 
                under the methodology established by the Advisory 
                Council; but
                    (B) has generally not been considered a 
                commercially ready technology as a result of high 
                perceived technology risk or other similar factors.
            (5) Clean energy technology.--The term ``clean energy 
        technology'' means a technology related to the production, use, 
        transmission, storage, control, or conservation of energy that 
        will--
                    (A) reduce the need for additional energy supplies 
                by using existing energy supplies with greater 
                efficiency or by transmitting, distributing, or 
                transporting energy with greater effectiveness through 
                the infrastructure of the United States;
                    (B) diversify the sources of energy supply of the 
                United States to strengthen energy security and to 
                increase supplies with a favorable balance of 
                environmental effects if the entire technology system 
                is considered; or
                    (C) contribute to a stabilization of atmospheric 
                greenhouse gas concentrations through reduction, 
                avoidance, or sequestration of energy-related 
                emissions.
            (6) 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).
            (7) 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).
            (8) Fund.--The term ``Fund'' means the Clean Energy 
        Investment Fund established by section 103(a).
            (9) 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).
            (10) National laboratory.--The term ``National Laboratory'' 
        has the meaning given the term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (12) Security.--The term ``security'' has the meaning given 
        the term in section 2 of the Securities Act of 1933 (15 U.S.C. 
        77b).
            (13) 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.
            (14) Technology risk.--The term ``technology risk'' means 
        the risks during construction or operation associated with the 
        design, development, and deployment of clean energy 
        technologies (including the cost, schedule, performance, 
        reliability and maintenance, and accounting for the perceived 
        risk), from the perspective of commercial lenders, that may be 
        increased as a result of the absence of adequate historical 
        construction, operating, or performance data from commercial 
        applications of the technology.

SEC. 103. IMPROVEMENTS TO EXISTING PROGRAMS.

    (a) Clean Energy Investment Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a revolving fund, to be known as the ``Clean 
        Energy Investment Fund'', consisting of--
                    (A) such amounts as have been appropriated for 
                administrative expenses to carry out title XVII of the 
                Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.);
                    (B) such amounts as are deposited in the Fund under 
                this subtitle and amendments made by this subtitle; and
                    (C) such sums as may be appropriated to supplement 
                the Fund.
            (2) Expenditures from fund.--
                    (A) In general.--Notwithstanding section 1705(e) of 
                the Energy Policy Act of 2005 (42 U.S.C. 16516(e)), 
                amounts in the Fund shall be available to the Secretary 
                for obligation without fiscal year limitation, to 
                remain available until expended.
                    (B) Administrative expenses.--
                            (i) Fees.--Fees collected for 
                        administrative expenses shall be available 
                        without limitation to cover applicable 
                        expenses.
                            (ii) Fund.--To the extent that 
                        administrative expenses are not reimbursed 
                        through fees, an amount not to exceed 1.5 
                        percent of the amounts in the Fund as of the 
                        beginning of each fiscal year shall be 
                        available to pay the administrative expenses 
                        for the fiscal year necessary to carry out 
                        title XVII of the Energy Policy Act of 2005 (42 
                        U.S.C. 16511 et seq.).
            (3) Transfers of amounts.--
                    (A) In general.--The amounts required to be 
                transferred to the Fund under this subsection shall be 
                transferred at least monthly from the general fund of 
                the Treasury to the Fund on the basis of estimates made 
                by the Secretary of the Treasury.
                    (B) Cash flows.--Cash flows associated with costs 
                of the Fund described in section 502(5)(B) of the 
                Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)(B)) 
                shall be transferred to appropriate credit accounts.
                    (C) Adjustments.--Proper adjustment shall be made 
                in amounts subsequently transferred to the extent prior 
                estimates were in excess of or less than the amounts 
                required to be transferred.
    (b) Revisions to Loan Guarantee Program Authority.--
            (1) Definition of commercial technology.--Section 1701(1) 
        of the Energy Policy Act of 2005 (42 U.S.C. 16511(1)) is 
        amended by striking subparagraph (B) and inserting the 
        following:
                    ``(B) Exclusion.--The term `commercial technology' 
                does not include a technology if the sole use of the 
                technology is in connection with--
                            ``(i) a demonstration project; or
                            ``(ii) a project for which the Secretary 
                        approved a loan guarantee.''.
            (2) Specific appropriation or contribution.--Section 1702 
        of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended 
        by striking subsection (b) and inserting the following:
    ``(b) Specific Appropriation or Contribution.--
            ``(1) In general.--No guarantee shall be made unless 
        sufficient amounts to account for the cost are available--
                    ``(A) in unobligated balances within the Clean 
                Energy Investment Fund established under section 103(a) 
                of the American Clean Energy Leadership Act of 2009;
                    ``(B) as a payment from the borrower and the 
                payment is deposited in the Clean Energy Investment 
                Fund; or
                    ``(C) in any combination of balances and payments 
                described in subparagraphs (A) and (B), respectively.
            ``(2) Limitation.--The source of payments received from a 
        borrower under paragraph (1)(B) shall not be a loan or other 
        debt obligation that is made or guaranteed by the Federal 
        Government.
            ``(3) Relation to other laws.--Section 504(b) of the 
        Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall not 
        apply to a loan or loan guarantee under this section.''.
            (3) Subrogation.--Section 1702(g)(2) of the Energy Policy 
        Act of 2005 (42 U.S.C. 16512(g)(2)) is amended by striking 
        subparagraphs (B) and (C) and inserting the following:
                    ``(B) Superiority of rights.--Except as provided in 
                subparagraph (C), the rights of the Secretary, with 
                respect to any property acquired pursuant to a 
                guarantee or related agreements, shall be superior to 
                the rights of any other person with respect to the 
                property.
                    ``(C) Terms and conditions.--A guarantee agreement 
                shall include such detailed terms and conditions as the 
                Secretary determines appropriate to--
                            ``(i) protect the interests of the United 
                        States in the case of default;
                            ``(ii) have available all the patents and 
                        technology necessary for any person selected, 
                        including the Secretary, to complete and 
                        operate the project;
                            ``(iii) provide for sharing the proceeds 
                        received from the sale of project assets with 
                        other creditors or control the disposition of 
                        project assets if necessary to protect the 
                        interests of the United States in the case of 
                        default; and
                            ``(iv) provide such lien priority in 
                        project assets as necessary to protect the 
                        interests of the United States in the case of a 
                        default.''.
            (4) Fees.--Section 1702(h) of the Energy Policy Act of 2005 
        (42 U.S.C. 16512(h)) is amended by striking paragraph (2) and 
        inserting the following:
            ``(2) Availability.--Fees collected under this subsection 
        shall--
                    ``(A) be deposited by the Secretary in the Clean 
                Energy Investment Fund established under section 103(a) 
                of the American Clean Energy Leadership Act of 2009; 
                and
                    ``(B) remain available to the Secretary for 
                expenditure, without further appropriation or fiscal 
                year limitation, for administrative expenses incurred 
                in carrying out this title.
            ``(3) Adjustment.--The Secretary may adjust the amount or 
        manner of collection of fees under this title as the Secretary 
        determines is necessary to promote, to the maximum extent 
        practicable, eligible projects under this title.
            ``(4) Excess fees.--Of the amount of a fee imposed on an 
        applicant at the conditional commitment stage, 75 percent of 
        the amount shall be refundable to the applicant if there is no 
        financial close on the application, unless the Secretary 
        determines that the administrative costs of the Department have 
        exceeded the amount retained.
            ``(5) Credit report.--If, in the opinion of the Secretary, 
        the credit rating of an applicant is not relevant to the 
        determination of whether or not support will be provided and 
        the applicant agrees to accept the credit rating assigned to 
        the applicant by the Secretary, the Secretary may waive any 
        requirement to provide a third-party credit report.''.
            (5) Processing.--Section 1702 of the Energy Policy Act of 
        2005 (42 U.S.C. 16512) is amended by adding at the end the 
        following:
    ``(k) Accelerated Reviews.--To the maximum extent practicable and 
consistent with sound business practices, the Secretary shall seek to 
conduct necessary reviews concurrently of an application for a loan 
guarantee under this title such that decisions as to whether to enter 
into a commitment on the application can be issued not later than 180 
days after the date of submission of a completed application.''.
            (6) Wage rates.--Section 1705(c) of the Energy Policy Act 
        of 2005 (42 U.S.C. 16516(c)) is amended by striking ``support 
        under this section'' and inserting ``support under this 
        title''.

SEC. 104. ENERGY TECHNOLOGY DEPLOYMENT GOALS.

    (a) Goals.--Not later than 1 year after the date of enactment of 
this Act, the Secretary, after consultation with the Advisory Council, 
shall develop and publish for review and comment in the Federal 
Register near-, medium-, and long-term goals (including numerical 
performance targets at appropriate intervals to measure progress toward 
those goals) for the deployment of clean energy technologies through 
the credit support programs established by this subtitle (including an 
amendment made by this subtitle) to promote--
            (1) sufficient electric generating capacity using clean 
        energy technologies to meet the energy needs of the United 
        States;
            (2) clean energy technologies in vehicles and fuels that 
        will substantially reduce the reliance of the United States on 
        foreign sources of energy and insulate consumers from the 
        volatility of world energy markets;
            (3) a domestic commercialization and manufacturing capacity 
        that will establish the United States as a world leader in 
        clean energy technologies across multiple sectors;
            (4) installation of sufficient infrastructure to allow for 
        the cost-effective deployment of clean energy technologies 
        appropriate to each region of the United States;
            (5) the transformation of the building stock of the United 
        States to zero net energy consumption;
            (6) the recovery, use, and prevention of waste energy;
            (7) domestic manufacturing of clean energy technologies on 
        a scale that is sufficient to achieve price parity with 
        conventional energy sources;
            (8) domestic production of commodities and materials (such 
        as steel, chemicals, polymers, and cement) using clean energy 
        technologies so that the United States will become a world 
        leader in environmentally sustainable production of the 
        commodities and materials;
            (9) a robust, efficient, and interactive electricity 
        transmission grid that will allow for the incorporation of 
        clean energy technologies, distributed generation, smart grid 
        functions, and demand-response in each regional electric grid;
            (10) sufficient availability of financial products to allow 
        owners and users of residential, retail, commercial, and 
        industrial buildings to make energy efficiency and distributed 
        generation technology investments with reasonable payback 
        periods; and
            (11) such other goals as the Secretary, in consultation 
        with the Advisory Council, determines to be consistent with the 
        purposes of this subtitle.
    (b) Revisions.--The Secretary shall revise the goals established 
under subsection (a), from time to time as appropriate, to account for 
advances in technology and changes in energy policy.

SEC. 105. CLEAN ENERGY DEPLOYMENT ADMINISTRATION.

    (a) Establishment.--
            (1) In general.--There is established in the Department of 
        Energy an administration to be known as the Clean Energy 
        Deployment Administration, under the direction of the 
        Administrator and the Board of Directors.
            (2) Status.--
                    (A) In general.--The Administration (including 
                officers, employees, and agents of the Administration) 
                shall not be responsible to, or subject to the 
                authority, direction, or control of, any other officer, 
                employee, or agent of the Department of Energy other 
                than the Secretary, acting through the Administrator.
                    (B) Exemption from reorganization.--The 
                Administration shall be exempt from the reorganization 
                authority provided under section 643 of the Department 
                of Energy Organization Act (42 U.S.C. 7253).
                    (C) Inspector general.--Section 12 of the Inspector 
                General Act of 1978 (5 U.S.C. App.) is amended--
                            (i) in paragraph (1), by inserting ``the 
                        Administrator of the Clean Energy Deployment 
                        Administration;'' after ``Export-Import 
                        Bank;''; and
                            (ii) in paragraph (2), by inserting ``the 
                        Clean Energy Deployment Administration,'' after 
                        ``Export-Import Bank,''.
            (3) Offices.--
                    (A) Principal office.--The Administration shall--
                            (i) maintain the principal office of the 
                        Administration in the District of Columbia; and
                            (ii) for purposes of venue in civil 
                        actions, be considered to be a resident of the 
                        District of Columbia.
                    (B) Other offices.--The Administration may 
                establish other offices in such other places as the 
                Administration considers necessary or appropriate for 
                the conduct of the business of the Administration.
    (b) Administrator.--
            (1) In general.--The Administrator shall be--
                    (A) appointed by the President, with the advice and 
                consent of the Senate, for a 5-year term; and
                    (B) compensated at the annual rate of basic pay 
                prescribed for level II of the Executive Schedule under 
                section 5313 of title 5, United States Code.
            (2) Duties.--The Administrator shall--
                    (A) serve as the Chief Executive Officer of the 
                Administration and Chairman of the Board;
                    (B) ensure that--
                            (i) the Administration operates in a safe 
                        and sound manner, including maintenance of 
                        adequate capital and internal controls 
                        (consistent with section 404 of the Sarbanes-
                        Oxley Act of 2002 (15 U.S.C. 7262));
                            (ii) the operations and activities of the 
                        Administration foster liquid, efficient, 
                        competitive, and resilient energy and energy 
                        efficiency finance markets;
                            (iii) the Administration carries out the 
                        purposes of this subtitle only through 
                        activities that are authorized under and 
                        consistent with this subtitle; and
                            (iv) the activities of the Administration 
                        and the manner in which the Administration is 
                        operated are consistent with the public 
                        interest;
                    (C) develop policies and procedures for the 
                Administration that will--
                            (i) promote a self-sustaining portfolio of 
                        investments that will maximize the value of 
                        investments to effectively promote clean energy 
                        technologies;
                            (ii) promote transparency and openness in 
                        Administration operations;
                            (iii) afford the Administration with 
                        sufficient flexibility to meet the purposes of 
                        this subtitle;
                            (iv) provide for the efficient processing 
                        of applications;
                            (v) promote, consistent with the purposes 
                        of this Act, the participation of private 
                        financial institutions and other sources of 
                        private capital, on commercially reasonable 
                        terms, if and to the extent the capital is 
                        available; and
                            (vi) promote the availability of financial 
                        products to small business through working with 
                        entities that have appropriate expertise 
                        extending credit or other relevant financial 
                        services to small companies developing clean 
                        energy technologies; and
                    (D) with the concurrence of the Board, set expected 
                loss reserves for the support provided by the 
                Administration consistent with section 106(a)(1)(C).
    (c) Board of Directors.--
            (1) In general.--The Board of Directors of the 
        Administration shall consist of--
                    (A) the Secretary or the designee of the Secretary, 
                who shall serve as an ex-officio voting member of the 
                Board of Directors;
                    (B) the Administrator, who shall serve as the 
                Chairman of the Board of Directors; and
                    (C) 7 additional members who shall--
                            (i) be appointed by the President, with the 
                        advice and consent of the Senate, for staggered 
                        5-year terms; and
                            (ii) have experience in banking or 
                        financial services relevant to the operations 
                        of the Administration, including individuals 
                        with substantial experience in the development 
                        of energy projects, the electricity generation 
                        sector, the transportation sector, the 
                        manufacturing sector, and the energy efficiency 
                        sector.
            (2) Duties.--The Board of Directors shall--
                    (A) oversee the operations of the Administration 
                and ensure industry best practices are followed in all 
                financial transactions involving the Administration;
                    (B) consult with the Administrator on the general 
                policies and procedures of the Administration to ensure 
                the interests of the taxpayers are protected;
                    (C) ensure the portfolio of investments are 
                consistent with purposes of this subtitle and with the 
                long-term financial stability of the Administration;
                    (D) ensure that the operations and activities of 
                the Administration are consistent with the development 
                of a robust private sector that can provide commercial 
                loans or financing products; and
                    (E) not serve on a full-time basis, except that the 
                Board of Directors shall meet at least quarterly to 
                review, as appropriate, applications for credit support 
                and set policies and procedures as necessary.
            (3) Removal.--An appointed member of the Board of Directors 
        may be removed from office by the President for good cause.
            (4) Vacancies.--An appointed seat on the Board of Directors 
        that becomes vacant shall be filled by appointment by the 
        President, but only for the unexpired portion of the term of 
        the vacating member.
            (5) Compensation of members.--An appointed member of the 
        Board of Directors shall be compensated at a rate equal to the 
        daily equivalent of the annual rate of basic pay prescribed for 
        level III of the Executive Schedule under section 5314 of title 
        5, United States Code, for each day (including travel time) 
        during which the member is engaged in the performance of the 
        duties of the Board of Directors.
    (d) Energy Technology Advisory Council.--
            (1) In general.--The Administration shall have an Energy 
        Technology Advisory Council consisting of--
                    (A) 5 members selected by the Secretary; and
                    (B) 3 members selected by the Board of Directors of 
                the Administration.
            (2) Qualifications.--The members of the Advisory Council 
        shall--
                    (A) have relevant scientific expertise; and
                    (B) in the case of the members selected by the 
                Secretary under paragraph (1)(A), include 
                representatives of--
                            (i) the academic community;
                            (ii) the private research community;
                            (iii) National Laboratories;
                            (iv) the technology or project development 
                        community; and
                            (v) the commercial energy financing and 
                        operations sector.
            (3) Duties.--The Advisory Council shall--
                    (A) develop and publish for comment in the Federal 
                Register a methodology for assessment of clean energy 
                technologies that will allow the Administration to 
                evaluate projects based on the progress likely to be 
                achieved per-dollar invested in maximizing the 
                attributes of the definition of clean energy 
                technology, taking into account the extent to which 
                support for a clean energy technology is likely to 
                accrue subsequent benefits that are attributable to a 
                commercial scale deployment taking place earlier than 
                that which otherwise would have occurred without the 
                support; and
                    (B) advise on the technological approaches that 
                should be supported by the Administration to meet the 
                technology deployment goals established by the 
                Secretary pursuant to section 104.
            (4) Term.--
                    (A) In general.--Members of the Advisory Council 
                shall have 5-year staggered terms, as determined by the 
                Secretary and the Administrator.
                    (B) Reappointment.--A member of the Advisory 
                Council may be reappointed.
            (5) Compensation.--A member of the Advisory Council, who is 
        not otherwise compensated as a Federal employee, shall be 
        compensated at a rate equal to the daily equivalent of the 
        annual rate of basic pay prescribed for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code, for each day (including travel time) during which the 
        member is engaged in the performance of the duties of the 
        Advisory Council.
    (e) Staff.--
            (1) In general.--The Administrator, in consultation with 
        the Board of Directors, may--
                    (A) appoint and terminate such officers, attorneys, 
                employees, and agents as are necessary to carry out 
                this subtitle; and
                    (B) vest those personnel with such powers and 
                duties as the Administrator may determine.
            (2) Direct hire authority.--
                    (A) In general.--Notwithstanding section 3304 and 
                sections 3309 through 3318 of title 5, United States 
                Code, the Administrator may, on a determination that 
                there is a severe shortage of candidates or a critical 
                hiring need for particular positions, recruit and 
                directly appoint highly qualified critical personnel 
                with specialized knowledge important to the function of 
                the Administration into the competitive service.
                    (B) Exception.--The authority granted under 
                subparagraph (A) shall not apply to positions in the 
                excepted service or the Senior Executive Service.
                    (C) Requirements.--In exercising the authority 
                granted under subparagraph (A), the Administrator shall 
                ensure that any action taken by the Administrator--
                            (i) is consistent with the merit principles 
                        of section 2301 of title 5, United States Code; 
                        and
                            (ii) complies with the public notice 
                        requirements of section 3327 of title 5, United 
                        States Code.
                    (D) Termination of effectiveness.--The authority 
                provided by this paragraph terminates effective on the 
                date that is 2 years after the date of enactment of 
                this Act.
            (3) Critical pay authority.--
                    (A) In general.--Notwithstanding section 5377 of 
                title 5, United States Code, and without regard to the 
                provisions of that title governing appointments in the 
                competitive service or the Senior Executive Service and 
                chapters 51 and 53 of that title (relating to 
                classification and pay rates), the Administrator may 
                establish, fix the compensation of, and appoint 
                individuals to critical positions needed to carry out 
                the functions of the Administration, if the 
                Administrator certifies that--
                            (i) the positions require expertise of an 
                        extremely high level in a financial, technical, 
                        or scientific field;
                            (ii) the Administration would not 
                        successfully accomplish an important mission 
                        without such an individual; and
                            (iii) exercise of the authority is 
                        necessary to recruit an individual who is 
                        exceptionally well qualified for the position.
                    (B) Limitations.--The authority granted under 
                subparagraph (A) shall be subject to the following 
                conditions:
                            (i) The number of critical positions 
                        authorized by subparagraph (A) may not exceed 
                        20 at any 1 time in the Administration.
                            (ii) The term of an appointment under 
                        subparagraph (A) may not exceed 4 years.
                            (iii) An individual appointed under 
                        subparagraph (A) may not have been an 
                        Administration employee at any time during the 
                        2-year period preceding the date of 
                        appointment.
                            (iv) Total annual compensation for any 
                        individual appointed under subparagraph (A) may 
                        not exceed the highest total annual 
                        compensation payable at the rate determined 
                        under section 104 of title 3, United States 
                        Code.
                            (v) An individual appointed under 
                        subparagraph (A) may not be considered to be an 
                        employee for purposes of subchapter II of 
                        chapter 75 of title 5, United States Code.
                    (C) Notification.--Each year, the Administrator 
                shall submit to Congress a notification that lists each 
                individual appointed under this paragraph.

SEC. 106. ADMINISTRATION FUNCTIONS.

    (a) Operational Units.--
            (1) Direct support.--
                    (A) In general.--The Administration may issue 
                direct loans, letters of credit, loan guarantees, 
                insurance products, or such other credit enhancements 
                (including through participation as a co-lender or a 
                lending member of a syndication) as the Administrator 
                considers appropriate to deploy clean energy 
                technologies if the Administrator has determined that 
                deployment of the technologies would benefit or be 
                accelerated by the support.
                    (B) Eligibility criteria.--In carrying out this 
                paragraph and awarding credit support to projects, the 
                Administrator shall account for--
                            (i) how the technology rates based on an 
                        evaluation methodology established by the 
                        Advisory Council;
                            (ii) how the project fits with the goals 
                        established under section 104; and
                            (iii) the potential for the applicant to 
                        successfully complete the project.
                    (C) Risk.--
                            (i) Expected loan loss reserve.--The 
                        Administrator shall establish an expected loan 
                        loss reserve to account for estimated losses 
                        attributable to activities under this section 
                        that is consistent with the purposes of--
                                    (I) developing breakthrough 
                                technologies to the point at which 
                                technology risk is largely mitigated;
                                    (II) achieving widespread 
                                deployment and advancing the commercial 
                                viability of clean energy technologies; 
                                and
                                    (III) advancing the goals 
                                established under section 104.
                            (ii) Initial expected loan loss reserve.--
                        Until such time as the Administrator determines 
                        sufficient data exist to establish an expected 
                        loan loss reserve that is appropriate, the 
                        Administrator shall consider establishing an 
                        initial rate of 10 percent for the portfolio of 
                        investments under this subtitle.
                            (iii) Portfolio investment approach.--The 
                        Administration shall--
                                    (I) use a portfolio investment 
                                approach to mitigate risk and diversify 
                                investments across technologies;
                                    (II) to the maximum extent 
                                practicable and consistent with long-
                                term self-sufficiency, weigh the 
                                portfolio of investments in projects to 
                                advance the goals established under 
                                section 104; and
                                    (III) consistent with the expected 
                                loan loss reserve established under 
                                this subparagraph, the purposes of this 
                                subtitle, and section 105(b)(2)(B), 
                                provide the maximum practicable 
                                percentage of support to promote 
                                breakthrough technologies.
                            (iv) Loss rate review.--
                                    (I) In general.--The Board of 
                                Directors shall review on an annual 
                                basis the loss rates of the portfolio 
                                to determine the adequacy of the 
                                reserves.
                                    (II) Report.--Not later than 90 
                                days after the date of the initiation 
                                of the review, the Administrator shall 
                                submit to the Committee on Energy and 
                                Natural Resources of the Senate and the 
                                Committee on Energy and Commerce of the 
                                House of Representatives a report 
                                describing the results of the review 
                                and any recommended policy changes.
                    (D) Application review.--
                            (i) In general.--To the maximum extent 
                        practicable and consistent with sound business 
                        practices, the Administration shall seek to 
                        consolidate reviews of applications for credit 
                        support under this subtitle such that final 
                        decisions on applications can generally be 
                        issued not later than 180 days after the date 
                        of submission of a completed application.
                            (ii) Environmental review.--In carrying out 
                        this subtitle, the Administration shall, to the 
                        maximum extent practicable--
                                    (I) avoid duplicating efforts that 
                                have already been undertaken by other 
                                agencies (including State agencies 
                                acting under Federal programs); and
                                    (II) with the advice of the Council 
                                on Environmental Quality and any other 
                                applicable agencies, use the 
                                administrative records of similar 
                                reviews conducted throughout the 
                                executive branch to develop the most 
                                expeditious review process practicable.
                    (E) Wage rate requirements.--
                            (i) In general.--No credit support shall be 
                        issued under this section unless the borrower 
                        has provided to the Administrator reasonable 
                        assurances that all laborers and mechanics 
                        employed by contractors and subcontractors in 
                        the performance of construction work financed 
                        in whole or in part by the Administration will 
                        be paid wages at rates not less than those 
                        prevailing on projects of a character similar 
                        to the contract work in the civil subdivision 
                        of the State in which the contract work is to 
                        be performed as determined by the Secretary of 
                        Labor in accordance with subchapter IV of 
                        chapter 31 of part A of subtitle II of title 
                        40, United States Code.
                            (ii) Labor standards.--With respect to the 
                        labor standards specified in this section, the 
                        Secretary of Labor shall have the authority and 
                        functions set forth in Reorganization Plan 
                        Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. 
                        App.) and section 3145 of title 40, United 
                        States Code.
            (2) Indirect support.--
                    (A) In general.--The Administration shall work to 
                develop financial products and arrangements to both 
                promote the widespread deployment of, and mobilize 
                private sector support of credit and investment 
                institutions for, clean energy technologies by 
                facilitating aggregation of small projects and by 
                providing indirect credit support, including credit 
                enhancement.
                    (B) Financial products.--The Administration--
                            (i) in cooperation with Federal, State, 
                        local, and private sector entities, shall 
                        develop debt instruments that provide for the 
                        aggregation of, or directly aggregate, projects 
                        for clean energy technology deployments on a 
                        scale appropriate for residential or commercial 
                        applications; and
                            (ii) may insure, purchase, and make 
                        commitments to purchase, any debt instrument 
                        associated with the deployment of clean energy 
                        technologies (including instruments secured by 
                        liens or other collateral related to the 
                        funding of clean energy technology) for the 
                        purposes of enhancing the availability of 
                        private financing for clean energy technology 
                        deployments.
                    (C) Disposition of debt or interest.--The 
                Administration 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 Administrator may 
                        establish requirements, and impose charges or 
                        fees, which may be regarded as elements of 
                        pricing, for different classes of sellers, 
                        servicers, or services.
                            (ii) Classification of sellers and 
                        servicers.--For the purpose of clause (i), the 
                        Administrator may classify sellers and 
                        servicers as necessary to promote transparency 
                        and liquidity and properly characterize the 
                        risk of default.
                    (E) Eligibility.--The Administrator shall 
                establish--
                            (i) eligibility criteria for loan 
                        originators, sellers, and servicers seeking 
                        support for portfolios of financial obligations 
                        relating to clean energy technologies so as to 
                        ensure the capability of the loan originators, 
                        sellers, and servicers to perform the functions 
                        required to maintain the expected performance 
                        of the portfolios; and
                            (ii) such criteria, standards, guidelines, 
                        and mechanisms such that, to the maximum extent 
                        practicable, loan originators and sellers will 
                        be able to determine the eligibility of loans 
                        for resale at the time of initial lending.
                    (F) Secondary market support.--
                            (i) In general.--The Administration may 
                        lend on the security of, and make commitments 
                        to lend on the security of, any debt that the 
                        Administration has issued or is authorized to 
                        purchase under this section.
                            (ii) Authorized actions.--On such terms and 
                        conditions as the Administrator may prescribe, 
                        the Administration may, based on the debt and 
                        with the concurrence of the Board of 
                        Directors--
                                    (I) give security or guarantee;
                                    (II) pay interest or other return; 
                                and
                                    (III) issue notes, debentures, 
                                bonds, or other obligations or 
                                securities.
                    (G) Lending activities.--
                            (i) In general.--The Administrator shall 
                        determine--
                                    (I) the volume of the lending 
                                activities of the Administration; and
                                    (II) the types of loan ratios, risk 
                                profiles, interest rates, maturities, 
                                and charges or fees in the secondary 
                                market operations of the 
                                Administration.
                            (ii) Objectives.--Determinations under 
                        clause (i) shall be consistent with the 
                        objectives of--
                                    (I) providing an attractive 
                                investment environment for clean energy 
                                technologies;
                                    (II) making the operations of the 
                                Administration self-supporting over the 
                                long term; and
                                    (III) advancing the goals 
                                established under section 104.
                    (H) Exempt securities.--All securities issued or 
                guaranteed by the Administration 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.
    (b) Other Authorized Programs.--
            (1) In general.--The Secretary may delegate to the 
        Administration the provision of financial services and program 
        management for grant, loan, and other credit enhancement 
        programs authorized under any other provision of law.
            (2) Administration.--In administering any other program 
        delegated by the Secretary, the Administration shall, to the 
        maximum extent practicable (as determined by the 
        Administrator)--
                    (A) administer the program in a manner that is 
                consistent with the terms and conditions of this 
                subtitle; and
                    (B) minimize the administrative costs to the 
                Federal Government.

SEC. 107. FEDERAL CREDIT AUTHORITY.

    (a) Transfer of Functions and Authority.--
            (1) In general.--Subject to paragraph (2), on a finding by 
        the Secretary and the Administrator that the Administration is 
        sufficiently ready to assume the functions and that applicants 
        to those programs will not be unduly adversely affected but in 
        no case later than 18 months after the date of enactment of 
        this Act, all of the functions and authority of the Secretary 
        under title XVII of the Energy Policy Act of 2005 (42 U.S.C. 
        16511 et seq.) and authorities established by this subtitle 
        shall be transferred to the Administration.
            (2) Failure to transfer functions.--If the functions and 
        authorities are not transferred to the Administration in 
        accordance with paragraph (1), the Secretary and the 
        Administrator shall submit to Congress a report on the reasons 
        for delay and an expected timetable for transfer of the 
        functions and authorities to the Administration.
            (3) Effect on existing rights and obligations.--The 
        transfer of functions and authority under this subsection shall 
        not affect the rights and obligations of any party that arise 
        under a predecessor program or authority prior to the transfer 
        under this subsection.
            (4) Transfer of fund authority.--
                    (A) In general.--On transfer of functions pursuant 
                to paragraph (1), the Administration shall have all 
                authorities to make use of the Fund reserved for the 
                Secretary before the transfer.
                    (B) Administrative expenses.--Effective beginning 
                on the date of enactment of this Act, the Administrator 
                may make use of up to 1.5 percent of the amounts in the 
                Fund as of the beginning of each fiscal year to pay 
                administrative expenses for that fiscal year to carry 
                out the purposes of this Act.
            (5) Use.--
                    (A) In general.--Amounts in the Fund shall be 
                available for discharge of liabilities and all other 
                expenses of the Administration, including subsequent 
                transfer to the respective credit accounts.
                    (B) Liability.--All activities of the 
                Administration that could result in a liability for the 
                United States shall be transparently accounted for and 
                no obligation or liability may be incurred unless--
                            (i) the appropriate amounts are transferred 
                        to credit accounts for activities pursuant to 
                        the Federal Credit Reform Act of 1990 (2 U.S.C. 
                        661a); or
                            (ii) sufficient amounts are reserved within 
                        the Fund to account for such liabilities.
            (6) Initial investment.--
                    (A) In general.--On transfer of functions pursuant 
                to paragraph (1), out of any funds in the Treasury not 
                otherwise appropriated, the Secretary of the Treasury 
                shall transfer to the Fund to carry out this subtitle 
                $10,000,000,000, to remain available until expended.
                    (B) Receipt and acceptance.--The Fund shall be 
                entitled to receive and shall accept, and shall be used 
                to carry out this subtitle, the funds transferred to 
                the Fund under subparagraph (A), without further 
                appropriation. 
            (7) Authorization of appropriations.--In addition to funds 
        made available by paragraphs (1) through (6), there are 
        authorized to be appropriated to the Fund such sums as are 
        necessary to carry out this subtitle.
    (b) Payments of Liabilities.--
            (1) In general.--Any payment to discharge liabilities 
        arising from agreements under this subtitle shall be made 
        exclusively out of the Fund or the associated credit account, 
        as appropriate.
            (2) Security.--Subject to paragraph (1), the full faith and 
        credit of the United States is pledged to the payment of all 
        obligations entered into by the Administration pursuant to this 
        subtitle.
    (c) Fees.--
            (1) In general.--Consistent with achieving the purposes of 
        this subtitle, the Administrator shall charge fees or collect 
        compensation generally in accordance with commercial rates.
            (2) Availability of fees.--All fees collected by the 
        Administration may be retained by the Administration and placed 
        in the Fund and may remain available to the Administration, 
        without further appropriation or fiscal year limitation, for 
        use in carrying out the purposes of this subtitle.
            (3) Breakthrough technologies.--The Administration shall 
        charge the minimum amount in fees or compensation practicable 
        for breakthrough technologies, consistent with the long-term 
        viability of the Administration, unless the Administration 
        first determines that a higher charge will not impede the 
        development of the technology.
            (4) Alternative fee arrangements.--The Administration may 
        use such alternative arrangements (such as profit 
        participation, contingent fees, and other valuable contingent 
        interests) as the Administration considers appropriate to 
        compensate the Administration for the expenses of the 
        Administration and the risk inherent in the support of the 
        Administration.
    (d) Cost Transfer Authority.--Amounts collected by the 
Administration for the cost of a loan or loan guarantee shall be 
transferred by the Administration to the respective credit program 
accounts.
    (e) Supplemental Borrowing Authority.--In order to maintain 
sufficient liquidity for activities authorized under section 106(a)(2), 
the Administration may issue notes, debentures, bonds, or other 
obligations for purchase by the Secretary of the Treasury.
    (f) Public Debt Transactions.--For the purpose of subsection (e)--
            (1) the Secretary of the Treasury may use as a public debt 
        transaction the proceeds of the sale of any securities issued 
        under chapter 31 of title 31, United States Code; and
            (2) the purposes for which securities may be issued under 
        that chapter are extended to include any purchase under this 
        subsection.
    (g) Maximum Outstanding Holding.--The Secretary of the Treasury 
shall purchase instruments issued under subsection (e) to the extent 
that the purchase would not increase the aggregate principal amount of 
the outstanding holdings of obligations under subsection (e) by the 
Secretary of the Treasury to an amount that is greater than 
$2,000,000,000.
    (h) Rate of Return.--Each purchase of obligations by the Secretary 
of the Treasury under this section shall be on terms and conditions 
established to yield a rate of return determined by the Secretary of 
the Treasury to be appropriate, taking into account the current average 
rate on outstanding marketable obligations of the United States as of 
the last day of the month preceding the purchase.
    (i) Sale of Obligations.--The Secretary of the Treasury may at any 
time sell, on terms and conditions and at prices determined by the 
Secretary of the Treasury, any of the obligations acquired by the 
Secretary of the Treasury under this section.
    (j) Public Debt Transactions.--All redemptions, purchases, and 
sales by the Secretary of the Treasury of obligations under this 
section shall be treated as public debt transactions of the United 
States.

SEC. 108. GENERAL PROVISIONS.

    (a) Immunity From Impairment, Limitation, or Restriction.--
            (1) In general.--All rights and remedies of the 
        Administration (including any rights and remedies of the 
        Administration on, under, or with respect to any mortgage or 
        any obligation secured by a mortgage) shall be immune from 
        impairment, limitation, or restriction by or under--
                    (A) any law (other than a law enacted by Congress 
                expressly in limitation of this paragraph) that becomes 
                effective after the acquisition by the Administration 
                of the subject or property on, under, or with respect 
                to which the right or remedy arises or exists or would 
                so arise or exist in the absence of the law; or
                    (B) any administrative or other action that becomes 
                effective after the acquisition.
            (2) State law.--The Administrator may conduct the business 
        of the Administration without regard to any qualification or 
        law of any State relating to incorporation.
    (b) Use of Other Agencies.--With the consent of a department, 
establishment, or instrumentality (including any field office), the 
Administration may--
            (1) use and act through any department, establishment, or 
        instrumentality; or
            (2) use, and pay compensation for, information, services, 
        facilities, and personnel of the department, establishment, or 
        instrumentality.
    (c) Procurement.--The Administrator shall be the senior procurement 
officer for the Administration for purposes of section 16(a) of the 
Office of Federal Procurement Policy Act (41 U.S.C. 414(a)).
    (d) Financial Matters.--
            (1) Investments.--Funds of the Administration may be 
        invested in such investments as the Board of Directors may 
        prescribe.
            (2) Fiscal agents.--Any Federal Reserve bank or any bank as 
        to which at the time of the designation of the bank by the 
        Administrator there is outstanding a designation by the 
        Secretary of the Treasury as a general or other depository of 
        public money, may be designated by the Administrator as a 
        depositary or custodian or as a fiscal or other agent of the 
        Administration.
    (e) Jurisdiction.--Notwithstanding section 1349 of title 28, United 
States Code, or any other provision of law--
            (1) the Administration shall be considered a corporation 
        covered by sections 1345 and 1442 of title 28, United States 
        Code;
            (2) all civil actions to which the Administration is a 
        party shall be considered to arise under the laws of the United 
        States, and the district courts of the United States shall have 
        original jurisdiction of all such actions, without regard to 
        amount or value; and
            (3) any civil or other action, case or controversy in a 
        court of a State, or in any court other than a district court 
        of the United States, to which the Administration is a party 
        may at any time before trial be removed by the Administration, 
        without the giving of any bond or security and by following any 
        procedure for removal of causes in effect at the time of the 
        removal--
                    (A) to the district court of the United States for 
                the district and division embracing the place in which 
                the same is pending; or
                    (B) if there is no such district court, to the 
                district court of the United States for the district in 
                which the principal office of the Administration is 
                located.
    (f) Periodic Reports.--Not later than 1 year after commencement of 
operation of the Administration and at least biannually thereafter, the 
Administrator 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--
            (1) the technologies supported by activities of the 
        Administration and how the activities advance the purposes of 
        this subtitle; and
            (2) the performance of the Administration on meeting the 
        goals established under section 104.
    (g) Audits by the Comptroller General.--
            (1) In general.--The programs, activities, receipts, 
        expenditures, and financial transactions of the Administration 
        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 Administration, or any 
                agent, representative, attorney, advisor, or consultant 
                retained by the Administration, 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 Administration 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.
    (h) Annual Independent Audits.--
            (1) In general.--The Administrator shall--
                    (A) have an annual independent audit made of the 
                financial statements of the Administration by an 
                independent public accountant in accordance with 
                generally accepted auditing standards; and
                    (B) submit to the Secretary the results of the 
                audit.
            (2) Content.--In conducting an audit under this subsection, 
        the independent public accountant shall determine and report on 
        whether the financial statements of the Administration--
                    (A) are presented fairly in accordance with 
                generally accepted accounting principles; and
                    (B) comply with any disclosure requirements imposed 
                under this subtitle.
    (i) Financial Reports.--
            (1) In general.--The Administrator shall submit to the 
        Secretary annual and quarterly reports of the financial 
        condition and operations of the Administration, which shall be 
        in such form, contain such information, and be submitted on 
        such dates as the Secretary shall require.
            (2) Contents of annual reports.--Each annual report shall 
        include--
                    (A) financial statements prepared in accordance 
                with generally accepted accounting principles;
                    (B) any supplemental information or alternative 
                presentation that the Secretary may require; and
                    (C) an assessment (as of the end of the most recent 
                fiscal year of the Administration), signed by the chief 
                executive officer and chief accounting or financial 
                officer of the Administration, of--
                            (i) the effectiveness of the internal 
                        control structure and procedures of the 
                        Administration; and
                            (ii) the compliance of the Administration 
                        with applicable safety and soundness laws.
            (3) Special reports.--The Secretary may require the 
        Administrator to submit other reports on the condition 
        (including financial condition), management, activities, or 
        operations of the Administration, as the Secretary considers 
        appropriate.
            (4) Accuracy.--Each report of financial condition shall 
        contain a declaration by the Administrator or any other officer 
        designated by the Board of Directors of the Administration to 
        make the declaration, that the report is true and correct to 
        the best of the knowledge and belief of the officer.
            (5) Availability of reports.--Reports required under this 
        section shall be published and made publicly available as soon 
        as is practicable after receipt by the Secretary.
    (j) Scope and Termination of Authority.--
            (1) New obligations.--The Administrator shall not initiate 
        any new obligations under this subtitle on or after January 1, 
        2029.
            (2) Reversion to secretary.--The authorities and 
        obligations of the Administration shall revert to the Secretary 
        on January 1, 2029.

                Subtitle B--Improved Transmission Siting

SEC. 121. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.

    Section 216 of the Federal Power Act (16 U.S.C. 824p) is amended to 
read as follows:

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

    ``(a) Policy.--It is the policy of the United States that the 
national interstate transmission system should be guided by the goal of 
maximizing the net benefits of the electricity system, taking into 
consideration--
            ``(1) support for the development of new renewable energy 
        generation capacity, including renewable energy generation 
        located distant from load centers and other location-
        constrained resources;
            ``(2) opportunities for reduced emissions from regional 
        power production;
            ``(3) cost savings resulting from--
                    ``(A) reduced transmission congestion;
                    ``(B) enhanced opportunities for intraregional and 
                interregional electricity trades;
                    ``(C) reduced line losses;
                    ``(D) generation resource-sharing; and
                    ``(E) enhanced fuel diversity;
            ``(4) reliability benefits, including satisfying 
        reliability standards and guidelines for resource adequacy and 
        system security;
            ``(5) diversification of risk relating to events affecting 
        fuel supply or generating resources in a particular region;
            ``(6) the enhancement of competition in electricity markets 
        and mitigation of market power;
            ``(7) the ability to collocate facilities on existing 
        rights-of-way;
            ``(8) competing land use priorities, including land 
        protected under Federal or State law;
            ``(9) the requirements of section 217(b)(4); and
            ``(10) the contribution of demand side management 
        (including energy efficiency and demand response), energy 
        storage, distributed generation resources, and smart grid 
        investments.
    ``(b) Definitions.--In this section:
            ``(1) High-priority national transmission project.--The 
        term `high-priority national transmission project' means an 
        overhead or underground transmission facility, consisting of 
        conductors or cables, towers, manhole duct systems, phase 
        shifting transformers, reactors, capacitors, and any ancillary 
        facilities and equipment necessary for the proper operation of 
        the facility, that--
                    ``(A)(i) operates at or above a voltage of--
                            ``(I) 345 kilovolts alternating current; or
                            ``(II) 300 kilovolts direct current;
                    ``(ii) is a very high current conductor or 
                superconducting cable that operates at or above a power 
                equivalent to the power of a conventional transmission 
                cable operating at or above 345 kilovolts alternating 
                current or 300 kilovolts direct current; or
                    ``(iii) is a renewable feeder line that transmits 
                electricity directly to a transmission facility under 
                clause (i) or (ii); and
                    ``(B) is included in a regional plan pursuant to 
                subsection (c).
            ``(2) Indian land.--The term `Indian land' means land--
                    ``(A) the title to which is held by the United 
                States in trust for an Indian tribe or individual 
                Indian; or
                    ``(B) that is held by an Indian tribe or individual 
                Indian subject to a restriction by the United States 
                against alienation or encumbrance.
            ``(3) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community, including any Alaska Native village or regional or 
        village corporation (as defined in or established pursuant to 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.)), which is recognized as eligible for the special 
        programs and services provided by the United States to Indians 
        because of their status as Indians.
            ``(4) Load-serving entity.--Except as otherwise provided in 
        this section, the term `load-serving entity' means any person, 
        Federal, State, or local agency or instrumentality, or electric 
        cooperative that delivers electric energy to end-use customers.
            ``(5) Location-constrained resource.--
                    ``(A) In general.--The term `location-constrained 
                resource' means a low-carbon resource used to produce 
                electricity that is geographically constrained such 
                that the resource cannot be relocated to an existing 
                transmission line.
                    ``(B) Inclusions.--The term `location-constrained 
                resource' includes the following types of resources 
                described in subparagraph (A):
                            ``(i) Renewable energy, including offshore 
                        resources.
                            ``(ii) A fossil fuel electricity plant 
                        equipped with carbon capture technology that is 
                        located at a site that is appropriate for 
                        carbon storage or beneficial reuse.
            ``(6) Renewable energy.--The term `renewable energy' means 
        electric energy generated from--
                    ``(A) solar energy;
                    ``(B) wind energy;
                    ``(C) marine and hydrokinetic renewable energy;
                    ``(D) geothermal energy;
                    ``(E) hydropower;
                    ``(F) biomass; or
                    ``(G) landfill gas.
            ``(7) Renewable feeder line.--The term `renewable feeder 
        line' means a transmission line that--
                    ``(A) operates at a voltage of 100 kilovolts or 
                greater; and
                    ``(B) is identified in the applicable 
                Interconnection-wide transmission plan or by the 
                Commission as a facility that is to be developed to 
                facilitate collection of electric energy produced by 
                renewable energy.
            ``(8) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
    ``(c) Plans for National Interstate Transmission System.--
            ``(1) In general.--The Commission shall coordinate regional 
        planning to ensure that regional plans are integrated into an 
        Interconnection-wide transmission plan with respect to high-
        priority national transmission projects, that achieves the 
        policy established under subsection (a).
            ``(2) Planning principles.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of the American Clean Energy 
                Leadership Act of 2009, the Commission shall issue, by 
                rule, after notice and opportunity for comment, 
                national electricity grid planning principles pursuant 
                to the policy established under subsection (a).
                    ``(B) Content.--The principles shall--
                            ``(i) address how the utilities should 
                        fully incorporate consideration of the need for 
                        high-priority national transmission projects 
                        into planning efforts;
                            ``(ii) address how the utilities should 
                        coordinate with each other, States, Indian 
                        tribes, and other planning efforts in the 
                        applicable Interconnection to effectively 
                        develop an Interconnection-wide analysis to 
                        identify needed additions or modifications to 
                        high-priority national transmission projects, 
                        with particular attention to identifying needs 
                        that can be most efficiently and effectively 
                        addressed with high-priority national 
                        transmission projects that cross multiple 
                        utilities, Regional Transmission Organizations, 
                        or Independent System Operators;
                            ``(iii)(I) address alternatives to high-
                        priority national transmission projects, based 
                        on the factors described in subparagraph 
                        (C)(iii); and
                            ``(II) determine whether alternative 
                        investments can provide a more expedient means 
                        of improving electricity system capacity or 
                        reliability or reduced costs for end-users; and
                            ``(iv) include mechanisms for soliciting 
                        input from the Secretary, Federal transmitting 
                        utilities, the Secretary of the Interior, 
                        States, Indian tribes, electric reliability 
                        organizations, regional entities, entities 
                        described in section 201(f), generators, load-
                        serving entities, other interested parties, and 
                        the public.
                    ``(C) Factors.--Plans for the development and 
                improvement of high-priority national transmission 
                projects into a national high-capacity transmission 
                grid shall take into consideration--
                            ``(i) the location of load centers;
                            ``(ii) the location of generation and 
                        potential generation development, including 
                        location-constrained resources;
                            ``(iii) existing and potential demand side 
                        management (including energy efficiency and 
                        demand response), energy storage, distributed 
                        generation resources, and smart grid 
                        investments;
                            ``(iv) the plans of Regional Transmission 
                        Organizations, Independent System Operators, 
                        State authorities, Indian tribes, transmission 
                        owners, load-serving entities, and others in 
                        the region;
                            ``(v) the needs and long-term rights 
                        described in section 217(b); and
                            ``(vi) costs to consumers of high priority 
                        national transmission projects, including 
                        considering the cost of reasonable 
                        alternatives.
            ``(3) Submission of plans.--
                    ``(A) In general.--
                            ``(i) In general.--One or more public 
                        utilities, transmitting utilities, Regional 
                        Transmission Organizations, Independent System 
                        Operators, regional entities (as defined in 
                        section 215(a)), or other multistate 
                        organizations or entities (including entities 
                        described in section 201(f)) may develop a 
                        regional plan relating to 1 or more high-
                        priority national transmission projects that is 
                        consistent with the planning principles 
                        established by the Commission.
                            ``(ii) Other plans.--
                                    ``(I) In general.--Any public 
                                utility or transmitting utility that 
                                does not participate in 1 of the 
                                regional plans developed under clause 
                                (i) shall develop its own plan relating 
                                to any high priority national 
                                transmission project planned for the 
                                system of the utility.
                                    ``(II) Planning principles.--The 
                                plan shall be consistent with the 
                                planning principles established by the 
                                Commission.
                            ``(iii) Timing.--Any plan developed under 
                        clause (i) or (ii) shall be submitted to the 
                        Commission--
                                    ``(I) as soon as practicable, but 
                                not later than 2 years, after the date 
                                of enactment of the American Clean 
                                Energy Leadership Act of 2009; and
                                    ``(II) periodically thereafter as 
                                prescribed by the Commission.
                    ``(B) Coordination.--
                            ``(i) Joint submissions.--The requirements 
                        of subparagraph (A) may be satisfied by a joint 
                        submission.
                            ``(ii) Single interconnection-wide plan.--
                        The Commission shall encourage coordination 
                        that would permit submission of a single 
                        Interconnection-wide plan for high priority 
                        national transmission projects.
                    ``(C) Modifications.--The Commission may require 
                modification of a submitted plan to the extent that the 
                Commission determines that the modification is 
                necessary--
                            ``(i) to reconcile inconsistencies between 
                        plans submitted; or
                            ``(ii) to achieve the policy goals 
                        established under subsection (a).
            ``(4) Applicability.--The transmission planning principles 
        and requirements of this subsection shall apply to each 
        transmission owner and transmission planning entity in the 
        United States portion of the Eastern and Western 
        Interconnections, including an entity described in section 
        201(f).
    ``(d) Siting.--
            ``(1) Purposes.--The purpose of this subsection is to 
        ensure that high-priority national transmission projects are in 
        the public interest and advance the policy established under 
        subsection (a).
            ``(2) Designation of eligibility.--The Commission may grant 
        an applicant that submits an application for a proposed project 
        a designation of eligibility for consideration under this 
        subsection if the Commission finds that the proposed project is 
        a high-priority national transmission project.
            ``(3) State review of project siting.--
                    ``(A) In general.--No developer of a high-priority 
                national transmission project may seek a certificate 
                for construction under subsection (e) unless the 
                developer first seeks authorization to construct the 
                high-priority national transmission project under 
                applicable State law concerning authorization and 
                routing of transmission facilities.
                    ``(B) Federal authority.--The Commission may 
                authorize, in accordance with subsection (e), 
                construction of a high-priority national transmission 
                project that the Commission finds to be in the public 
                interest and in accordance with this section if a 
                State--
                            ``(i) fails to approve construction and 
                        authorize routing of a high-priority national 
                        transmission project not later than 1 year 
                        after the date the applicant submits a 
                        completed application for authorization to the 
                        State;
                            ``(ii) rejects the application for a high-
                        priority national transmission project; or
                            ``(iii) authorizes the high-priority 
                        national transmission project subject to 
                        conditions that unreasonably interfere with the 
                        development of a high-priority national 
                        transmission project contrary to the purposes 
                        of this section.
    ``(e) Construction.--
            ``(1) Application for certificate.--
                    ``(A) In general.--An applicant for a high-priority 
                national transmission project may apply to the 
                Commission for a certificate of public convenience and 
                necessity with respect to construction of the high-
                priority national transmission project within a State 
                affected by the high-priority national transmission 
                project if the State--
                            ``(i) fails to authorize construction of 
                        the high-priority national transmission project 
                        under State law not later than 1 year after the 
                        date the developer submits a completed 
                        application for authorization to the State;
                            ``(ii) rejects the application for the 
                        high-priority national transmission project; or
                            ``(iii) authorizes the high-priority 
                        national transmission project subject to 
                        conditions that unreasonably interfere with the 
                        development of a high-priority national 
                        transmission project contrary to the purposes 
                        of this section.
                    ``(B) Form.--The application for a certificate 
                shall be made in writing in such form and containing 
                such information as the Commission may by regulation 
                require.
                    ``(C) Hearing.--On receipt of an application under 
                this paragraph, the Commission--
                            ``(i) shall provide notice to interested 
                        persons and opportunity for hearing; and
                            ``(ii) may approve (with or without 
                        conditions) or disapprove the application, in 
                        accordance with paragraph (2).
            ``(2) Grant of certificate.--
                    ``(A) In general.--A certificate shall be issued to 
                a qualified applicant for a certificate authorizing the 
                whole or partial operation, construction, acquisition, 
                or modification covered by the application, only if the 
                Commission determines that--
                            ``(i) the applicant is able and willing--
                                    ``(I) to do the acts and to perform 
                                the service proposed; and
                                    ``(II) to comply with this Act 
                                (including regulations); and
                            ``(ii) the proposed operation, 
                        construction, acquisition, or modification, to 
                        the extent authorized by the certificate, is or 
                        will be required by the present or future 
                        public convenience and necessity.
                    ``(B) Terms and conditions.--The Commission shall 
                have the power to attach to the issuance of a 
                certificate under this paragraph and to the exercise of 
                the rights granted under the certificate such 
                reasonable terms and conditions as the public 
                convenience and necessity may require.
                    ``(C) Use of state work.--If 1 or more States 
                reject or fail to act on a high-priority national 
                transmission project and the Commission has siting 
                authority for the high-priority national transmission 
                project under this section, the Commission shall give 
                due weight to--
                            ``(i) the environmental record and results 
                        of the siting process of a State that did 
                        complete the siting process of the State under 
                        this section; and
                            ``(ii) the information that had been 
                        submitted by an applicant to the State under 
                        this section.
                    ``(D) Evaluation of abilities of applicant.--
                            ``(i) In general.--In evaluating the 
                        ability of an applicant described in 
                        subparagraph (A)(i), the Commission shall 
                        consider whether the financial and technical 
                        capabilities of the applicant are adequate to 
                        support construction and operation of the high-
                        priority national transmission project proposed 
                        in the application.
                            ``(ii) Joint ownership projects.--In 
                        evaluating applications under paragraph (1), 
                        the Commission shall consider benefits from the 
                        greater diversification of financial risk 
                        inherent in the applications involving joint 
                        ownership projects by multiple load-serving 
                        entities.
                    ``(E) Public convenience and necessity.--In making 
                a determination with respect to public convenience and 
                necessity described in subparagraph (A)(ii), the 
                Commission shall--
                            ``(i) consider whether the facilities 
                        covered by an application are included in an 
                        Interconnection-wide transmission grid plan for 
                        a high-priority national transmission project 
                        developed pursuant to subsection (c); and
                            ``(ii) determine whether the facilities 
                        covered by the application are in the public 
                        interest.
            ``(3) Right of eminent domain.--If any holder of a 
        certificate issued under paragraph (2) cannot acquire by 
        contract, or is unable to agree with the owner of property on 
        the compensation to be paid for, the necessary right-of-way to 
        construct, operate, and maintain the high-priority national 
        transmission project to which the certificate relates, and the 
        necessary land or other property necessary to the proper 
        operation of the high-priority national transmission project, 
        the holder may acquire the right-of-way by the exercise of the 
        right of eminent domain in--
                    ``(A) the United States district court for the 
                district in which the property is located; or
                    ``(B) a State court.
            ``(4) State and tribal recommendations.--In granting a 
        certificate under paragraph (2), the Commission shall--
                    ``(A) permit State regulatory agencies and affected 
                Indian tribes to recommend mitigation measures, based 
                on habitat protection, environmental considerations, or 
                cultural site protection; and
                    ``(B)(i) incorporate those identified mitigation 
                measures as conditions on the certificate; or
                    ``(ii) if the Commission determines that a 
                recommended mitigation measure is inconsistent with the 
                purposes of this section, infeasible, or not cost-
                effective--
                            ``(I) consult with State regulatory 
                        agencies and affected Indian tribes to seek to 
                        resolve the issue;
                            ``(II) incorporate as conditions on the 
                        certificate such recommended mitigation 
                        measures as are determined to be appropriate by 
                        the Commission, based on consultation by the 
                        Commission with State regulatory agencies and 
                        affected Indian tribes, the purposes of this 
                        section, and the record before the Commission; 
                        and
                            ``(III) if, after consultation, the 
                        Commission does not adopt in whole or in part a 
                        recommendation of an agency or affected Indian 
                        tribe, publish a statement of a finding that 
                        the adoption of the recommendation is 
                        infeasible, not cost-effective, or inconsistent 
                        with this section or other applicable 
                        provisions of law.
            ``(5) State or local authorizations.--An applicant 
        receiving a certificate under this subsection with respect to 
        construction or modification of a high-priority national 
        transmission project in a State shall not require a separate 
        siting authorization from the State or any local authority 
        within the State.
            ``(6) Rights-of-way over indian land.--Notwithstanding 
        paragraph (3), in the case of siting, construction, operation, 
        and maintenance of a transmission facility to be located on or 
        over Indian land, a certificate holder under this section shall 
        comply with the requirements of Federal law for obtaining 
        rights-of-way on or over Indian land.
    ``(f) Coordination of Federal Authorizations for Transmission 
Facilities.--
            ``(1) Definition of federal authorization.--In this 
        subsection, the term `Federal authorization' means any 
        authorization required under Federal law in order to site a 
        transmission facility on Federal land, including such permits, 
        special use authorizations, certifications, opinions, or other 
        approvals as may be required under Federal law in order to site 
        a transmission facility.
            ``(2) Lead agency.--If a Federal authorization for a high-
        priority national transmission project involves land under the 
        jurisdiction of the Department of the Interior and any other 
        Federal agency, the Secretary of the Interior shall act as the 
        lead agency for purposes of coordinating all applicable Federal 
        authorizations and related environmental reviews.
            ``(3) Coordination.--To the maximum extent practicable 
        under applicable Federal law, the Secretary of the Interior 
        shall coordinate the Federal authorization and review process 
        under this subsection with the Commission, and with any Indian 
        tribes, multistate entities, and State agencies that are 
        responsible for conducting any separate permitting and 
        environmental reviews of the facility, to ensure timely and 
        efficient review and permit decisions.
            ``(4) Milestones and deadlines.--
                    ``(A) In general.--As the lead agency, the 
                Secretary of the Interior, in consultation with the 
                Commission and any other agency responsible for Federal 
                authorizations and, as appropriate, with Indian tribes, 
                multistate entities, and State agencies that are 
                willing to coordinate their own separate permitting and 
                environmental reviews with the Federal authorization 
                and environmental reviews, shall establish prompt and 
                binding intermediate milestones and ultimate deadlines 
                for the review of, and Federal authorization decisions 
                relating to, the proposed high-priority national 
                transmission project.
                    ``(B) Deadline.--The Secretary of the Interior 
                shall ensure that, once an application has been 
                submitted with such data as the Commission and the 
                Secretaries with jurisdiction over the affected land 
                consider necessary, all permit decisions and related 
                environmental reviews under all applicable Federal laws 
                shall be completed not later than 1 year after the date 
                of submission.
                    ``(C) Preapplication information.--The Secretary of 
                the Interior, in consultation with the Commission, 
                shall provide an expeditious preapplication mechanism 
                for prospective applicants to confer with the agencies 
                involved to have each such agency determine and 
                communicate to the prospective applicant not later than 
                60 days after the prospective applicant submits a 
                request for such information concerning--
                            ``(i) the likelihood of approval for a 
                        potential facility; and
                            ``(ii) key issues of concern to the 
                        agencies and public.
            ``(5) Environmental review document.--
                    ``(A) In general.--As lead agency, the Secretary of 
                the Interior, in consultation with the Commission and 
                any affected agency, shall prepare a single 
                environmental review document, which shall be used as 
                the basis for all decisions on the proposed high-
                priority national transmission project under Federal 
                law.
                    ``(B) Streamlining.--The Secretary of the Interior 
                and the Secretary of Agriculture, in consultation with 
                the Commission, shall streamline the review and 
                permitting of transmission within corridors designated 
                under section 503 of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1763) or section 368 
                of the Energy Policy Act of 2005 (42 U.S.C. 15926) by 
                fully taking into account prior analyses and decisions 
                relating to the corridors.
                    ``(C) Comments.--If the high-priority national 
                transmission project includes Federal land that is not 
                under the jurisdiction of the Department of the 
                Interior, the document shall include comments made by 
                the Secretary with jurisdiction over the affected land 
                on matters necessary for the protection of the land or 
                required under applicable law.
            ``(6) Issuance or denial of authorization by president.--
                    ``(A) In general.--Subject to paragraph (7), if any 
                agency has denied a Federal authorization required for 
                a transmission facility within an energy right-of-way 
                corridor on Federal land designated pursuant to section 
                368 of the Energy Policy Act of 2005 (42 U.S.C. 15926), 
                or has failed to act by the deadline established by the 
                Secretary of the Interior pursuant to this section for 
                deciding whether to issue the authorization, the 
                applicant or any State in which the facility would be 
                located may file an appeal with the President, who 
                shall, in consultation with the affected agency, review 
                the denial or failure to take action on the pending 
                application.
                    ``(B) Options.--Based on the overall record and in 
                consultation with the affected agency, the President 
                may--
                            ``(i) issue the necessary authorization 
                        with any appropriate conditions; or
                            ``(ii) deny the application.
                    ``(C) Deadline.--The President shall issue a 
                decision not later than 90 days after the date of the 
                filing of the appeal.
                    ``(D) Federal requirements.--In making a decision 
                under this paragraph, the President shall comply with 
                applicable requirements of Federal law, including any 
                requirements of--
                            ``(i) the National Forest Management Act of 
                        1976 (16 U.S.C. 1600 et seq.);
                            ``(ii) the Endangered Species Act of 1973 
                        (16 U.S.C. 1531 et seq.);
                            ``(iii) the Federal Water Pollution Control 
                        Act (33 U.S.C. 1251 et seq.);
                            ``(iv) the National Environmental Policy 
                        Act of 1969 (42 U.S.C. 4321 et seq.); and
                            ``(v) the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1701 et 
                        seq.).
            ``(7) Issuance or denial of authorization by president.--
        Paragraph (6) shall not apply to--
                    ``(A) a unit of the National Park System;
                    ``(B) a unit of the National Wildlife Refuge 
                System;
                    ``(C) a component of the National Wild and Scenic 
                Rivers System;
                    ``(D) a component of the National Trails System;
                    ``(E) a component of the National Wilderness 
                Preservation System;
                    ``(F) a National Monument;
                    ``(G) any part of the National Landscape 
                Conservation System;
                    ``(H) a National Preserve;
                    ``(I) a National Scenic Area; or
                    ``(J) a National Recreation Area.
            ``(8) Energy right-of-way corridors on federal land.--
                    ``(A) In general.--In carrying out this subsection, 
                the Secretary with jurisdiction over the land shall, to 
                the maximum extent practicable, use the energy right-
                of-way corridors designated in accordance with section 
                368 of the Energy Policy Act of 2005 (42 U.S.C. 15926).
                    ``(B) Additional corridors.--If the Secretary is 
                unable to use an energy right-of-way corridor described 
                in subparagraph (A), the Secretary shall establish an 
                additional corridor in accordance with section 368(c) 
                of the Energy Policy Act of 2005 (42 U.S.C. 15926(c)).
            ``(9) Duration.--
                    ``(A) In general.--Each Federal land use 
                authorization for an electricity transmission facility 
                shall be issued--
                            ``(i) for a duration, as determined by the 
                        Secretary with jurisdiction over the land, 
                        commensurate with the anticipated use of the 
                        facility;
                            ``(ii) with appropriate authority to manage 
                        the right-of-way for reliability and 
                        environmental protection; and
                            ``(iii) consistent with the Federal Land 
                        Policy and Management Act of 1976 (43 U.S.C. 
                        1701 et seq.) and other applicable law.
                    ``(B) Renewal.--On the expiration of the 
                authorization (including an authorization issued before 
                the date of enactment of the American Clean Energy 
                Leadership Act of 2009), the authorization shall be 
                reviewed for renewal--
                            ``(i) taking fully into account reliance on 
                        the electricity infrastructure; and
                            ``(ii) recognizing the importance of the 
                        authorization for public health, safety, and 
                        economic welfare and as a legitimate use of 
                        Federal land.
            ``(10) Consultation.--In exercising the responsibilities 
        under this section, the Secretary of the Interior and the 
        Commission shall consult regularly with--
                    ``(A) electric reliability organizations (including 
                related regional entities) approved by the Commission;
                    ``(B) Transmission Organizations approved by the 
                Commission; and
                    ``(C) transmission owners and users and other 
                interested parties.
            ``(11) Implementation.--
                    ``(A) Regulations.--Not later than 18 months after 
                the date of enactment of the American Clean Energy 
                Leadership Act of 2009, the Secretary of the Interior 
                and the Commission shall issue any regulations 
                necessary to carry out this subsection.
                    ``(B) Federal staff and resources.--The head of 
                each Federal agency with authority to issue a Federal 
                authorization shall designate a senior official 
                responsible for, and dedicate sufficient other staff 
                and resources to ensure, full implementation of the 
                regulations and memorandum required under this 
                paragraph.
    ``(g) Evaluation and Recommendations.--The Commission shall--
            ``(1) periodically evaluate whether high-priority national 
        transmission projects are being constructed in accordance with 
        the Interconnection-wide transmission grid plan for high-
        priority national transmission projects for both the Western 
        and Eastern Interconnection areas;
            ``(2) take any necessary actions, pursuant to applicable 
        law, to address any identified obstacles to investment, siting, 
        and construction of high-priority national transmission 
        projects identified as needed under an Interconnection-wide 
        plan; and
            ``(3) not later than 2 years after the date of enactment of 
        the American Clean Energy Leadership Act of 2009, submit to 
        Congress recommendations for any further actions or authority 
        needed to ensure the effective and timely development of--
                    ``(A) high-priority national transmission projects; 
                and
                    ``(B) transmission projects to access regional and 
                offshore renewable energy generation.
    ``(h) Report of Secretary.--Not later than 2 years after the date 
of enactment of the American Clean Energy Leadership Act of 2009, the 
Secretary shall submit to Congress recommendations for any further 
actions or authority needed to ensure the effective and timely 
development of--
            ``(1) demand response;
            ``(2) energy storage;
            ``(3) distributed generation;
            ``(4) energy efficiency; and
            ``(5) other areas necessary to carry out the policy 
        established under subsection (a).
    ``(i) Cost Allocation.--
            ``(1) In general.--Not later than 270 days after the date 
        of enactment of the American Clean Energy Leadership Act of 
        2009, the Commission--
                    ``(A) shall establish by rule an appropriate 
                methodology for allocation of the costs of high-
                priority national transmission projects, subject to the 
                requirement that any cost allocation methodology, and 
                any rates affected by the cost allocation methodology, 
                shall be just, reasonable, and not unduly 
                discriminatory or preferential;
                    ``(B) may permit allocation of costs for high-
                priority national transmission projects to load-serving 
                entities within all or a part of a region, except that 
                costs shall not be allocated to a region, or subregion, 
                unless the costs are reasonably proportionate to 
                measurable economic and reliability benefits;
                    ``(C) may permit allocation of costs to generators 
                of electricity connected by a high-priority national 
                transmission project; and
                    ``(D) shall provide for due deference to cost 
                allocation proposals supported by broad agreement among 
                affected States.
            ``(2) Mechanism for collection of costs.--The Commission 
        shall adopt such rules and require inclusion of such provisions 
        in transmission tariffs as are required to provide for--
                    ``(A) the efficient collection of allocated costs 
                for development and operation of high-priority national 
                transmission projects; and
                    ``(B) the distribution of those revenues to owners 
                of the high-priority national transmission projects.
    ``(j) Relationship to Other Laws.--
            ``(1) In general.--Except as specifically provided in this 
        section, nothing in this section affects any requirement of an 
        environmental or historic preservation law of the United 
        States, including--
                    ``(A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    ``(B) the Wilderness Act (16 U.S.C. 1131 et seq.); 
                or
                    ``(C) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.).
            ``(2) State law.--Nothing in this section precludes any 
        person from constructing or modifying any transmission facility 
        in accordance with State law.
    ``(k) Transmission Rights to Support New Generation Development.--
Subject to section 217(b)(4), it is the policy of the United States 
that long-term transmission rights of firmness and duration sufficient 
to support generation investment (or equivalent tradable or financial 
long-term transmission rights), shall be available under appropriate 
terms and conditions to load-serving entities (as defined in section 
217(a)(2)) for long-term power supply arrangements for new generation 
facilities using renewable energy.
    ``(l) Resource Assessments.--
            ``(1) In general.--The Secretary shall conduct nationwide 
        assessments to identify areas with a significant potential for 
        the development of location-constrained resources.
            ``(2) Formats.--The resource assessments shall be made 
        available to the public in multiple formats, including in a 
        Geographical Information System compatible format.
            ``(3) Timing.--The Secretary shall--
                    ``(A) make the initial resource assessment required 
                under this subsection not later than 180 days after the 
                date of enactment of the American Clean Energy 
                Leadership Act of 2009; and
                    ``(B) refine the resource assessment on a regular 
                basis that is consistent with regional planning cycles.
            ``(4) Technical assistance.--The Secretary shall provide 
        technical assistance to regional planning authorities, on 
        request, to assist the authorities in carrying out this 
        subsection.
    ``(m) Congestion Studies.--Not later than 1 year after the date of 
enactment of the American Clean Energy Leadership Act of 2009 and every 
3 years thereafter, the Secretary, in consultation with affected States 
and Indian tribes, shall--
            ``(1) conduct a study of electric transmission congestion; 
        and
            ``(2) submit to the appropriate committees of Congress a 
        report that describes the results of the study.
    ``(n) Applicability.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, the authority of the Commission under this section 
        to approve transmission plans and to allocate costs incurred 
        pursuant to the plans applies to all transmission providers, 
        generators, and users, owners, and operators of the power 
        system within the Eastern and Western Interconnections of the 
        United States, including entities described in section 201(f).
            ``(2) Regional planning entities.--The Commission shall 
        have authority over regional planning entities to the extent 
        necessary to carry out this section.
            ``(3) Project developers.--Nothing in this section 
        precludes the development, subject to applicable regulatory 
        requirements, of transmission projects that are not included in 
        plans developed under this section.
            ``(4) Commission-approved planning processes.--Nothing in 
        this section affects the approval, siting, or cost allocation 
        for a project that is authorized pursuant to planning processes 
        that have been approved by the Commission.
            ``(5) Exclusions.--This section does not apply in the State 
        of Alaska or Hawaii or to the Electric Reliability Council of 
        Texas, unless the State or the Council voluntarily elects to 
        participate in a cost allocation plan under this section.''.

           Subtitle C--Federal Renewable Electricity Standard

SEC. 131. SENSE OF CONGRESS ON RENEWABLE ENERGY AND ENERGY EFFICIENCY.

    It is the sense of Congress that the Federal Government should 
continue to support the use and expansion of renewable energy and 
energy efficiency in--
            (1) the production and use of energy;
            (2) the reduction of greenhouse gas emissions; and
            (3) the reduction of dependence on foreign oil.

SEC. 132. FEDERAL RENEWABLE ELECTRICITY STANDARD.

    (a) In General.--Title VI of the Public Utility Regulatory Policies 
Act of 1978 (16 U.S.C. 2601 et seq.) is amended by adding at the end 
the following:

``SEC. 610. FEDERAL RENEWABLE ELECTRICITY STANDARD.

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

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

            ``(2) Means of compliance.--An electric utility shall meet 
        the requirements of paragraph (1) by--
                    ``(A) submitting to the Secretary renewable energy 
                credits issued under subsection (c);
                    ``(B) submitting Federal energy efficiency credits 
                issued under subsection (i), except that those credits 
                may not be used to meet more than 26.67 percent of the 
                requirements under paragraph (1) in any calendar year;
                    ``(C) making alternative compliance payments to the 
                Secretary at the rate of 2.1 cents per kilowatt hour 
                (as adjusted for inflation under subsection (g)) if the 
                electric utility does not elect to petition the 
                Secretary to waive the requirements under subsection 
                (d)(3)(C); or
                    ``(D) a combination of activities described in 
                subparagraphs (A), (B), and (C).
            ``(3) Phase-in.--The Secretary shall prescribe, by 
        regulation, a reasonable phase-in of the requirements of 
        paragraph (1) as the requirements apply to an electric utility 
        that becomes subject to this section on or after January 1, 
        2013.
    ``(c) Federal Renewable Energy and Energy Efficiency Credit Trading 
Programs.--
            ``(1) In general.--Not later than January 1, 2011, the 
        Secretary shall establish a Federal renewable energy credit 
        trading program, and a Federal energy efficiency credit trading 
        program, under which electric utilities shall submit to the 
        Secretary Federal renewable energy credits and Federal energy 
        efficiency credits to certify the compliance of the electric 
        utilities with subsection (b)(1).
            ``(2) Administration.--As part of the program, the 
        Secretary shall--
                    ``(A) issue renewable energy credits to generators 
                of electric energy from renewable energy, regardless of 
                whether the energy is transmitted over the national 
                interstate transmission system;
                    ``(B) to the extent that renewable sources of 
                electricity are used in combination with other sources 
                of energy, issue credits only to the extent that the 
                electricity generated is from renewable resources;
                    ``(C) issue renewable energy credits to electric 
                utilities associated with State renewable electricity 
                standard compliance mechanisms pursuant to subsection 
                (h);
                    ``(D) issue energy efficiency credits pursuant to 
                subsection (i);
                    ``(E) subject to subparagraph (F), ensure that a 
                kilowatt hour, including the associated renewable 
                energy credit or energy efficiency credit, shall be 
                used only once for purposes of compliance with this 
                Act;
                    ``(F) allow double credits for generation from 
                facilities on Indian land, and triple credits for 
                generation from small renewable distributed generators 
                (meaning those no larger than 1 megawatt), except that 
                no distributed renewable generation facilities on 
                Indian land shall receive a greater number of credits 
                than triple credits;
                    ``(G) allow triple credits for generation of energy 
                from algae;
                    ``(H) ensure that, with respect to a purchaser 
                that, as of the date of enactment of this section, has 
                a purchase agreement from a renewable energy facility 
                placed in service before that date, the credit 
                associated with the generation of renewable energy 
                under the contract is issued to the purchaser of the 
                electric energy to the extent that the contract does 
                not already provide for the allocation of the Federal 
                credit; and
                    ``(I) issue tradeable renewable energy credits for 
                the useful electric and thermal output from a facility 
                that produces the output from biomass, using a system 
                under which--
                            ``(i) in the case of efficiency that is 
                        less than 50 percent, 1 renewable energy credit 
                        is awarded;
                            ``(ii) in the case of efficiency that is 50 
                        percent or more but less than 70 percent, 1.1 
                        renewable energy credits are awarded for the 
                        same unit output;
                            ``(iii) in the case of efficiency that is 
                        70 percent or more but less than 90 percent, 
                        1.25 renewable energy credits are awarded for 
                        the same unit output; and
                            ``(iv) in the case of efficiency that is 90 
                        percent or more, 1.5 renewable energy credits 
                        are awarded for the same unit output.
            ``(3) Duration.--A credit described in subparagraph (A), 
        (B), (C), or (D) of paragraph (2) may only be used for 
        compliance with this section during the 3-year period beginning 
        on the date of issuance of the credit.
            ``(4) Transfers.--An electric utility that holds credits in 
        excess of the quantity of credits needed to comply with 
        subsection (b) may transfer the credits to another electric 
        utility in the same utility holding company system.
            ``(5) Delegation of market function.--
                    ``(A) In general.--The Secretary may delegate to--
                            ``(i) an appropriate market-making entity 
                        the administration of a national renewable 
                        energy credit market and a national energy 
                        efficiency credit market for purposes of 
                        creating a transparent national market for the 
                        sale or trade of renewable energy credits and 
                        energy efficiency credits; and
                            ``(ii) regional entities the tracking of 
                        dispatch of renewable generation.
                    ``(B) Administration.--Any delegation under 
                subparagraph (A) shall ensure that the tracking and 
                reporting of information concerning the dispatch of 
                renewable generation is transparent, verifiable, and 
                independent of any generation or load interests with 
                obligations under this section. .
    ``(d) Enforcement.--
            ``(1) Civil penalties.--Any electric utility that fails to 
        meet the requirements of subsection (b) shall be subject to a 
        civil penalty.
            ``(2) Amount of penalty.--The amount of the civil penalty 
        shall be equal to the product obtained by multiplying--
                    ``(A) the number of kilowatt-hours of electric 
                energy sold to electric consumers in violation of 
                subsection (b); by
                    ``(B) 200 percent of the value of the alternative 
                compliance payment, as adjusted for inflation under 
                subsection (g).
            ``(3) Mitigation or waiver.--
                    ``(A) Penalty.--
                            ``(i) In general.--The Secretary may 
                        mitigate or waive a civil penalty under this 
                        subsection if the electric utility is unable to 
                        comply with subsection (b) due to a reason 
                        outside of the reasonable control of the 
                        electric utility.
                            ``(ii) Amount.--The Secretary shall reduce 
                        the amount of any penalty determined under 
                        paragraph (2) by the amount paid by the 
                        electric utility to a State for failure to 
                        comply with the requirement of a State 
                        renewable energy program if the State 
                        requirement is greater than the applicable 
                        requirement of subsection (b).
                    ``(B) Requirement.--The Secretary may waive the 
                requirements of subsection (b) for a period of up to 5 
                years with respect to an electric utility if the 
                Secretary determines that the electric utility cannot 
                meet the requirements due to a hurricane, tornado, 
                fire, flood, earthquake, ice storm, or other natural 
                disaster or act of God beyond the reasonable control of 
                the utility.
                    ``(C) Ratepayer protection.--Effective beginning 
                June 1, 2010, and not later than June 1 of each year 
                thereafter, an electric utility may petition the 
                Secretary to waive, for the following compliance year, 
                all or part of the requirements of subsection (b) in 
                order to limit the rate impact of the incremental cost 
                of compliance of the electric utility to not more than 
                4 percent per retail customer in any year.
                    ``(D) Variance.--A State public utility commission 
                or electric utility may submit an application to the 
                Secretary that requests a variance from the 
                requirements of subsection (b) for 1 or more calendar 
                years (including suspension or reduction of the 
                requirements) on the basis of transmission constraints 
                preventing delivery of service.
            ``(4) Procedure for assessing penalty.--The Secretary shall 
        assess a civil penalty under this subsection in accordance with 
        the procedures prescribed by section 333(d) of the Energy 
        Policy and Conservation Act (42 U.S.C. 6303(d)).
    ``(e) Alternative Compliance Payments.--
            ``(1) In general.--An electric utility may satisfy the 
        requirements of subsection (b), in whole or in part, by 
        submitting in accordance with this subsection, in lieu of each 
        Federal renewable electricity credit or megawatt hour of 
        demonstrated total annual electricity savings that would 
        otherwise be due, a payment equal to the amount required under 
        subsection (b) in accordance with such regulations as the 
        Secretary may promulgate.
            ``(2) Payment to state funds.--Payments made under this 
        subsection shall be made directly to the State in which the 
        electric utility is located, if the payments are deposited 
        directly into a fund within the treasury of the State for use 
        in accordance with paragraph (3).
            ``(3) Use of grants.--The Governor of any State may expend 
        amounts in a State renewable energy escrow account solely for 
        purposes of--
                    ``(A) increasing the quantity of electric energy 
                produced from a renewable energy source in the State, 
                including nuclear and advanced coal technologies for 
                carbon capture and sequestration;
                    ``(B) promoting the deployment and use of electric 
                drive vehicles in the State, including the development 
                of electric drive vehicles and batteries; and
                    ``(C) offsetting the costs of carrying out this 
                section paid by electric consumers in the State 
                through--
                            ``(i) direct grants to electric consumers; 
                        or
                            ``(ii) energy efficiency investments.
            ``(4) Information and reports.--As a condition of providing 
        payments to a State under this subsection, the Secretary may 
        require the Governor to keep such accounts or records, and 
        furnish such information and reports, as the Secretary 
        determines are necessary and appropriate for determining 
        compliance with this subsection.
    ``(f) Exemptions.--During any calendar year, this section shall not 
apply to an electric utility--
            ``(1) that sold less than 4,000,000 megawatt-hours of 
        electric energy to electric consumers during the preceding 
        calendar year, except that sales to an affiliate, lessee, or 
        tenant of the electric utility shall not be treated as sales to 
        electric consumers under this paragraph; or
            ``(2) in Hawaii.
    ``(g) Inflation Adjustment.--Not later than December 31 of each 
year beginning in 2008, the Secretary shall adjust for inflation the 
rate of the alternative compliance payment under subsection (b)(2)(C).
    ``(h) State Programs.--
            ``(1) In general.--Subject to paragraph (2), nothing in 
        this section diminishes any authority of a State or political 
        subdivision of a State to adopt or enforce any law or 
        regulation respecting renewable energy or energy efficiency, or 
        the regulation of electric utilities,.
            ``(2) Compliance.--Except as provided in subsection (d)(3), 
        no such law or regulation shall relieve any person of any 
        requirement otherwise applicable under this section.
            ``(3) Coordination.--The Secretary, in consultation with 
        States having such renewable energy and energy efficiency 
        programs, shall, to the maximum extent practicable, facilitate 
        coordination between the Federal program and State programs.
            ``(4) Regulations.--
                    ``(A) In general.--The Secretary, in consultation 
                with States, shall promulgate regulations to ensure 
                that an electric utility that is subject to the 
                requirements of this section and is subject to a State 
                renewable energy standard receives renewable energy 
                credits if--
                            ``(i) the electric utility complies with 
                        the State standard by generating or purchasing 
                        renewable electric energy or renewable energy 
                        certificates or credits representing renewable 
                        electric energy; or
                            ``(ii) the State imposes or allows other 
                        mechanisms for achieving the State standard, 
                        including the payment of taxes, fees, 
                        surcharges, or other financial obligations.
                    ``(B) Amount of credits.--The amount of credits 
                received by an electric utility under this subsection 
                shall equal--
                            ``(i) in the case of subparagraph (A)(i), 
                        the quantity of renewable energy resulting from 
                        the generation or purchase by the electric 
                        utility of renewable energy; and
                            ``(ii) in the case of subparagraph (A)(ii), 
                        the pro rata share of the electric utility, 
                        based on the contributions to the mechanism 
                        made by the electric utility or customers of 
                        the electric utility, in the State, of the 
                        quantity of renewable energy resulting from 
                        those mechanisms.
                    ``(C) Prohibition on double counting.--The 
                regulations promulgated under this paragraph shall 
                ensure that a kilowatt-hour associated with a renewable 
                energy credit issued pursuant to this subsection shall 
                not be used for compliance with this section more than 
                once.
    ``(i) Energy Efficiency Credits.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Customer facility savings.--The term 
                `customer facility savings' means a reduction in the 
                consumption of end-use electricity at a facility of an 
                end-use consumer of electricity served by an electric 
                utility, as compared to--
                            ``(i) consumption at the facility during a 
                        base year, taking into account reductions 
                        attributable to causes other than energy 
                        efficiency investments (such as economic 
                        downturns, reductions in customer base, 
                        favorable weather conditions, or other such 
                        causes); or
                            ``(ii) in the case of new equipment 
                        (regardless of whether the new equipment 
                        replaces existing equipment at the end of the 
                        useful life of the existing equipment), 
                        consumption by similar equipment of average 
                        efficiency available for purchase at the time 
                        that new equipment is acquired.
                    ``(B) Electricity savings.--The term `electricity 
                savings' means--
                            ``(i) customer facility savings of 
                        electricity consumption adjusted to reflect any 
                        associated increase in fuel consumption at the 
                        facility;
                            ``(ii) reductions in distribution system 
                        losses of electricity achieved by a retail 
                        electricity distributor, as compared to losses 
                        attributable to new or replacement distribution 
                        system equipment of average efficiency (as 
                        defined by the Secretary by regulation); and
                            ``(iii) the output of new combined heat and 
                        power systems, to the extent provided under 
                        paragraph (5).
                    ``(C) Qualified electricity savings.--The term 
                `qualified electricity savings' means electricity 
                saving that meet the measurement and verification 
                requirements of paragraph (4).
            ``(2) Petition.--On petition by the Governor of a State or, 
        in the case of the power service area of the Tennessee Valley 
        Authority, the Board of Directors of the Tennessee Valley 
        Authority, the Secretary shall allow up to 26.67 percent of the 
        requirements of an electric utility under subsection (b)(1) 
        associated with the sales of electricity of the utility in the 
        State to be met by submitting Federal energy efficiency credits 
        issued pursuant to this subsection.
            ``(3) Issuance of energy efficiency credits.--
                    ``(A) In general.--The Secretary shall issue energy 
                efficiency credits for qualified electricity savings 
                achieved in States described in paragraph (2) in 
                accordance with this subsection.
                    ``(B) Qualified electricity savings.--Subject to 
                subparagraph (C), in accordance with regulations 
                promulgated by the Secretary, the Secretary shall issue 
                credits for--
                            ``(i) qualified electricity savings 
                        achieved by an electric utility on or after the 
                        date of enactment of this section; and
                            ``(ii) qualified electricity savings 
                        achieved by other entities (including State 
                        agencies) on or after the date of enactment of 
                        this section if--
                                    ``(I) the measures used to achieve 
                                the qualified electricity savings were 
                                installed or placed in operation by the 
                                entity seeking the credit; and
                                    ``(II) an electric utility eligible 
                                to receive efficiency did not pay a 
                                substantial portion of the cost of 
                                achieving the qualified electricity 
                                savings (unless the utility has waived 
                                any entitlement to the credit).
                    ``(C) Standards.--No credits shall be issued for 
                electricity savings achieved as a result of compliance 
                with a national, State, or local building, equipment, 
                or appliance efficiency standard.
            ``(4) Measurement and verification of electricity 
        savings.--Not later than January 2010, the Secretary shall 
        promulgate regulations regarding the measurement and 
        verification of electricity savings under this subsection, 
        including regulations covering--
                    ``(A) procedures and standards for defining and 
                measuring electricity savings that will be eligible to 
                receive credits under paragraph (3), which shall--
                            ``(i) specify the types of energy 
                        efficiency and energy conservation that will be 
                        eligible for the credits;
                            ``(ii) require that energy consumption for 
                        customer facilities or portions of facilities 
                        in the applicable base and current years be 
                        adjusted, as appropriate, to account for 
                        changes in weather, level of production, and 
                        building area;
                            ``(iii) account for the useful life of 
                        electricity savings measures;
                            ``(iv) include specified electricity 
                        savings values for specific, commonly-used 
                        efficiency measures; and
                            ``(v) exclude electricity savings that--
                                    ``(I) are not properly attributable 
                                to measures carried out by the entity 
                                seeking the credit;
                                    ``(II) have already been credited 
                                under this section to another entity; 
                                or
                                    ``(III) do not result from actions 
                                not intended to achieve electricity 
                                savings;
                    ``(B) procedures and standards for third-party 
                verification of reported electricity savings; and
                    ``(C) such requirements for information, reports, 
                and access to facilities as may be necessary to carry 
                out this subsection.
            ``(5) Combined heat and power.--Under regulations 
        promulgated by the Secretary, the increment of electricity 
        output of a new combined heat and power system that is 
        attributable to the higher efficiency of the combined system 
        (as compared to the efficiency of separate production of the 
        electric and thermal outputs), shall be considered electricity 
        savings under this subsection.
    ``(j) Biomass Harvesting and Sustainability.--The provisions of 
this section relating to biomass shall be administered in accordance 
with section 203(e) of the Energy Policy Act of 2005 (42 U.S.C. 
15852(e)).
    ``(k) Loans for Projects to Comply With Federal Renewable 
Electricity Standard.--
            ``(1) Purposes.--The purposes of this subsection are--
                    ``(A) to reduce the cost incurred by electric 
                utilities in complying with the requirements of this 
                section; and
                    ``(B) to minimize the impact of the requirements on 
                electricity rates for consumers.
            ``(2) Loans.--The Secretary shall make loans available to 
        electric utilities to carry out qualified projects approved by 
        the Secretary to comply with the requirements of this section.
            ``(3) Qualified projects.--
                    ``(A) In general.--A loan may be made under this 
                subsection for a project--
                            ``(i) to construct a renewable energy 
                        generation facility;
                            ``(ii) to install an energy efficiency or 
                        electricity demand reduction technology; or
                            ``(iii) to carry out any other project 
                        approved by the Secretary that the Secretary 
                        determines is consistent with the purposes of 
                        this subsection.
                    ``(B) Disapproval.--The Secretary may disapprove an 
                application for a loan for a project under this 
                subsection if the Secretary determines that--
                            ``(i) the revenues generated under the 
                        project are unlikely to be sufficient to cover 
                        the repayment obligations of the proposed loan; 
                        or
                            ``(ii) the project is not otherwise 
                        consistent with the purposes of this 
                        subsection.
            ``(4) Terms.--A loan made by the Secretary to an electric 
        utility under this subsection shall--
                    ``(A) be for a term of not to exceed 30 years; and
                    ``(B) bear an annual interest rate that is 50 basis 
                points more than the Federal funds rate established by 
                the Board of Governors of the Federal Reserve System.
            ``(5) Priority.--Notwithstanding any other provision of 
        law, the debt to the Federal Government under a loan made to an 
        electric utility under this subsection shall have priority in 
        any case in which the electric utility files for bankruptcy 
        protection under title 11, United States Code.
            ``(6) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this subsection.
    ``(l) Reconsideration.--
            ``(1) Review.--
                    ``(A) In general.--Not later than January 15, 2017, 
                and every 5 years thereafter, the Secretary shall 
                review and make recommendations to Congress on the 
                program established under this section.
                    ``(B) Analysis.--The review shall analyze whether--
                            ``(i) the program established under this 
                        section has contributed to an economically 
                        harmful increase in electricity rates in 
                        regions of the United States;
                            ``(ii) the program has resulted in net 
                        economic benefits for the United States; and
                            ``(iii) new technologies and clean, 
                        renewable energy sources will advance the 
                        purposes of this section.
            ``(2) Recommendations.--The Secretary shall submit to 
        Congress recommendations on whether--
                    ``(A) the percentage of energy efficiency credits 
                eligible to be submitted under subsection (b)(1) should 
                be increased or decreased;
                    ``(B) the percentage of renewable electricity 
                required under subsection (b)(1) should be increased or 
                decreased; and
                    ``(C) the definition of `renewable energy' should 
                be expanded to reflect advances in technology or 
                previously unavailable sources of clean or renewable 
                energy.
            ``(3) Report.--Not later than January 15, 2017, the 
        Secretary shall submit to Congress a report that describes any 
        recommendations of the Secretary on changes to the program 
        established under this section.
    ``(m) Regulations.--Not later than 1 year after the date of 
enactment of this section, the Secretary shall promulgate regulations 
implementing this section.
    ``(n) Termination of Authority.--This section and the authority 
provided by this section terminate on December 31, 2039.''.
    (b) Table of Contents Amendment.--The table of contents of the 
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. prec. 2601) 
is amended by adding at the end of the items relating to title VI the 
following:

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

SEC. 133. FEDERAL PURCHASE REQUIREMENT AMENDMENTS.

    Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852) is 
amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Definitions.--In this section:
            ``(1) Biomass.--The term `biomass' means the following 
        types of nonhazardous organic materials:
                    ``(A) Residues and byproducts from milled logs.
                    ``(B) Wood, paper products that are not commonly 
                recyclable, and vegetation (including trees and 
                trimmings, yard waste, pallets, railroad ties, crates, 
                and solid-wood manufacturing and construction debris), 
                if diverted from or separated from other waste out of a 
                municipal waste stream.
                    ``(C) Hazard trees, trimmings, and brush that are 
                necessary to remove in order to maintain a utility 
                right-of-way or a public road (not including any 
                unpaved road within Federal land).
                    ``(D) Trees, trimmings, and brush harvested from 
                the immediate vicinity of any building, campground, or 
                other structure in wildfire-prone areas to reduce the 
                risk to the structure or campground or to human life 
                from wildfires.
                    ``(E) Invasive species (as defined in Executive 
                Order 13112 (42 U.S.C. 4321 note; relating to invasive 
                species)) removed to control or eradicate the invasive 
                species.
                    ``(F) Animal waste and animal byproducts (including 
                biogas and any solid produced by micro-organisms).
                    ``(G) Food waste.
                    ``(H) Algae.
                    ``(I) Slash, brush, trees, and other vegetation 
                that is harvested from non-Federal land or Indian 
                land--
                            ``(i) that is, at the time of harvest--
                                    ``(I) naturally regenerated forest 
                                land;
                                    ``(II) forest land that was planted 
                                for the purpose of restoring land to a 
                                naturally regenerated forest; or
                                    ``(III) if harvested in quantities 
                                and through practices that maintain or 
                                contribute toward the restoration of 
                                the species, ecological systems, and 
                                ecological communities for which the 
                                conservation forest land was 
                                identified, conservation forest land; 
                                or
                            ``(ii) that is--
                                    ``(I) at the time of harvest, 
                                planted forest land; and
                                    ``(II) on the date of enactment of 
                                this section, cropland (including 
                                fallow land), pastureland, or planted 
                                forest land.
                    ``(J) Crops, crop byproducts, and crop residues 
                from non-Federal land or Indian land that is--
                            ``(i) at the time of harvest, not forest 
                        land; and
                            ``(ii) on the date of enactment of this 
                        section--
                                    ``(I) cropland (including fallow 
                                land and not including planted forest 
                                land); or
                                    ``(II) pastureland.
                    ``(K) If harvested from Federal land in accordance 
                with applicable law and land management plans and in 
                quantities and through practices that maintain or 
                contribute toward the restoration of ecological 
                sustainability--
                            ``(i) slash; and
                            ``(ii) brush and trees that are byproducts 
                        of ecological restoration, disease or insect 
                        infestation control, or hazardous fuels 
                        reduction treatments and--
                                    ``(I) are from stands that--
                                            ``(aa) were killed by an 
                                        insect or disease epidemic or a 
                                        natural disaster; and
                                            ``(bb) do not meet the 
                                        utilization standards for 
                                        sawtimber; or
                                    ``(II) do not exceed the minimum 
                                size standards for sawtimber.
            ``(2) Conservation forest land.--
                    ``(A) In general.--The term `conservation forest 
                land' means forest land that contains a species, or 
                includes all or part of an ecological system or 
                community, that is at risk of extinction or elimination 
                within a State or globally.
                    ``(B) Identification.--Conservation forest land 
                shall be identified based on the best available science 
                and data by any of--
                            ``(i) the State in which the land is 
                        located, unless the land is under the 
                        jurisdiction of an Indian tribe;
                            ``(ii) an Indian tribe with jurisdiction 
                        over the land; or
                            ``(iii) in consultation with the State in 
                        which the land is located or the Indian tribe 
                        with jurisdiction over the land--
                                    ``(I) the Secretary of Agriculture; 
                                or
                                    ``(II) the Secretary of the 
                                Interior.
                    ``(C) Exceptions.--A tract of conservation forest 
                land may not be removed from conservation forest land 
                status under this section as a result of land 
                management practices on the tract that--
                            ``(i) occurred on or after the date of 
                        enactment of this subparagraph; and
                            ``(ii) contributed toward the elimination 
                        of the species, or all or part of an ecological 
                        system or ecological community, for which the 
                        land was identified as conservation forest 
                        land.
            ``(3) Federal land.--
                    ``(A) In general.--The term `Federal land' means--
                            ``(i) National Forest System land; and
                            ``(ii) public lands (as defined in section 
                        103 of the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1702)).
                    ``(B) Exclusions.--
                            ``(i) In general.--The term `Federal land' 
                        does not include--
                                    ``(I) any area designated by 
                                Congress to be administered for 
                                conservation purposes; or
                                    ``(II) a National Monument 
                                proclaimed by the President.
                            ``(ii) Old growth or late successional 
                        forest stands.--The term `Federal land' does 
                        not include an old growth or late successional 
                        forest stand unless biomass from the stand does 
                        not exceed the minimum size standards for 
                        sawtimber and is a byproduct of an ecological 
                        restoration treatment that fully maintains, or 
                        contributes toward the restoration of, the 
                        structure and composition of an old growth 
                        forest stand in accordance with the old growth 
                        conditions characteristic of the forest type 
                        and retains the large trees contributing to old 
                        growth structure.
            ``(4) Indian land.--The term `Indian land' has the meaning 
        given the term `Indian country' in section 1151 of title 18, 
        United States Code.
            ``(5) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            ``(6) Non-federal land.--The term `non-Federal land' means 
        land that is not owned by the Federal Government.
            ``(7) Renewable energy.--The term `renewable energy' means 
        energy generated from solar, wind, biomass, landfill gas, ocean 
        (including tidal, wave, current, and thermal), geothermal, 
        municipal solid waste, or new hydroelectric generation capacity 
        achieved from increased efficiency or additions of new capacity 
        at an existing hydroelectric project.
            ``(8) Secretary concerned.--The term `Secretary concerned' 
        means--
                    ``(A) the Secretary of Agriculture, with regard 
                to--
                            ``(i) National Forest System land; and
                            ``(ii) except as provided by subparagraph 
                        (B), non-Federal land; and
                    ``(B) the Secretary of the Interior, with regard 
                to--
                            ``(i) public lands (as defined in section 
                        103 of the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1702)); and
                            ``(ii) Indian land.''; and
            (2) by adding at the end the following:
    ``(e) Biomass Harvesting and Sustainability.--
            ``(1) In general.--The Secretaries concerned shall 
        administer the provisions covered by subsection (b)(1) relating 
        to the harvesting of biomass from Federal land and forest land.
            ``(2) Inter-agency biomass sustainability study.--
                    ``(A) In general.--The Secretary, in consultation 
                with the Secretary of Agriculture, the Secretary of the 
                Interior, and the Administrator of the Environmental 
                Protection Agency, shall conduct a study that assesses 
                the impacts of biomass harvesting for energy production 
                on--
                            ``(i) landscape-level water quality, soil 
                        productivity, wildlife habitat, and 
                        biodiversity; and
                            ``(ii) conservation forest land.
                    ``(B) Timing.--The Secretary shall--
                            ``(i) complete the study required under 
                        this paragraph not later than 5 years after the 
                        date of enactment of this subsection; and
                            ``(ii) update the study not later than 
                        every 5 years thereafter.
                    ``(C) Basis.--The Secretary shall base the study on 
                the best available data and science.
                    ``(D) Recommendations.--The Secretary shall include 
                in the study such recommendations as are appropriate to 
                reduce the impacts described in subparagraph (A).
                    ``(E) Public participation and availability.--In 
                carrying out this paragraph, the Secretary shall--
                            ``(i) consult with States, Indian tribes, 
                        and other interested stakeholders;
                            ``(ii) make available, and seek public 
                        comment on, a draft version of the study 
                        results; and
                            ``(iii) make the final study results 
                        available to the public.''.

                Subtitle D--Energy and Water Integration

SEC. 141. ENERGY WATER NEXUS STUDY.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary, in consultation with the Secretary of the 
Interior and the Administrator of the Environmental Protection Agency, 
shall enter into an arrangement with the National Academy of Sciences 
under which the Academy shall conduct an in-depth analysis of the 
impact of energy development and production on the water resources of 
the United States.
    (b) Scope of Study.--
            (1) In general.--The study described in subsection (a) 
        shall be comprised of each assessment described in paragraphs 
        (2) through (4).
            (2) Transportation sector assessment.--
                    (A) In general.--The study shall include a 
                lifecycle assessment of the quantity of water withdrawn 
                and consumed in the production of transportation fuels, 
                or electricity used as a fuel source, to evaluate the 
                ratio that--
                            (i) the quantity of water withdrawn and 
                        consumed in the production of transportation 
                        fuels (measured in gallons), or electricity 
                        (measured in kilowatt-hours); bears to
                            (ii) the total distance (measured in miles) 
                        that may be traveled as a result of the 
                        consumption of transportation fuels, or 
                        electricity.
                    (B) Scope of assessment.--
                            (i) In general.--The assessment shall 
                        include, as applicable--
                                    (I) the exploration for, and 
                                extraction or growing of, energy 
                                feedstock;
                                    (II) the processing of energy 
                                feedstock into transportation fuel;
                                    (III) the generation, 
                                transportation, and storage of 
                                electricity for transportation; and
                                    (IV) the conduct of an analysis of 
                                the efficiency with which the 
                                transportation fuel is consumed.
                            (ii) Fuels.--The assessment shall contain 
                        an analysis of transportation fuel sources, 
                        including--
                                    (I) domestically produced crude oil 
                                (including products derived from 
                                domestically produced crude oil);
                                    (II) imported crude oil (including 
                                products derived from imported crude 
                                oil);
                                    (III) domestically produced natural 
                                gas (including liquid fuels derived 
                                from natural gas);
                                    (IV) imported natural gas 
                                (including liquid fuels derived from 
                                natural gas);
                                    (V) oil shale;
                                    (VI) tar sands;
                                    (VII) domestically produced corn-
                                based ethanol;
                                    (VIII) imported corn-based ethanol;
                                    (IX) advanced biofuels (including 
                                cellulosic- and algae-based biofuels);
                                    (X) coal to liquids (including 
                                aviation fuel, diesel, and gasoline 
                                products);
                                    (XI) electricity consumed in--
                                            (aa) fully electric drive 
                                        vehicles; and
                                            (bb) plug-in hybrid 
                                        vehicles;
                                    (XII) hydrogen; and
                                    (XIII) any reasonably foreseeable 
                                combination of any transportation fuel 
                                source described in subclauses (I) 
                                through (XII).
            (3) Electricity sector assessment.--
                    (A) In general.--The study shall include a 
                lifecycle assessment of the quantity of water withdrawn 
                and consumed in the production of electricity to 
                evaluate the ratio that--
                            (i) the quantity of water used and consumed 
                        in the production of electricity (measured in 
                        gallons); bears to
                            (ii) the quantity of electricity that is 
                        produced (measured in kilowatt-hours).
                    (B) Scope of assessment.--The assessment shall 
                include, as applicable--
                            (i) the exploration for, or extraction or 
                        growing of, energy feedstock;
                            (ii) the processing of energy feedstock for 
                        electricity production; and
                            (iii) the production of electricity.
                    (C) Generation types.--The assessment shall contain 
                an evaluation and analysis of electricity generation 
                facilities that are constructed in accordance with 
                different plant designs (including different cooling 
                technologies such as water, air, and hybrid systems, 
                and technologies designed to minimize carbon dioxide 
                releases) based on the fuel used by the facility, 
                including--
                            (i) coal;
                            (ii) natural gas;
                            (iii) oil;
                            (iv) nuclear energy;
                            (v) solar energy;
                            (vi) wind energy;
                            (vii) geothermal energy;
                            (viii) biomass;
                            (ix) the beneficial use of waste heat; and
                            (x) any reasonably foreseeable combination 
                        of any fuel described in clauses (i) through 
                        (ix).
            (4) Assessment of additional impacts.--In addition to the 
        impacts associated with the direct use and consumption of water 
        resources in the transportation and electricity sectors 
        described in paragraphs (2) and (3), the study shall contain an 
        identification and analysis of any unique water impact 
        associated with a specific fuel source, including an impact 
        resulting from--
                    (A) any extraction or mining practice;
                    (B) the transportation of feedstocks from the point 
                of extraction to the point of processing;
                    (C) the transportation of fuel and power from the 
                point of processing to the point of consumption; and
                    (D) the location of a specific fuel source that is 
                limited to 1 or more specific geographical regions.
    (c) Report to Secretary.--Not later than 18 months after the date 
of enactment of this Act, the National Academy of Sciences shall submit 
to the Secretary a report that contains a summary of the results of the 
study conducted under this section.
    (d) Availability of Results of Study.--On the date on which the 
National Academy of Sciences completes the study under this section, 
the National Academy of Sciences shall make available to the public the 
results of the study.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as are necessary to carry out 
this section.

SEC. 142. POWER PLANT WATER AND ENERGY EFFICIENCY.

    (a) In General.--To protect water supplies and promote the 
efficient use of water in the electricity production sector, the 
Secretary, in consultation with the Secretary of the Interior and the 
Administrator of the Environmental Protection Agency, shall conduct a 
study to identify alternative technologies and related strategies to 
optimize water and energy efficiency in the production of electricity 
by each type of generation.
    (b) Generation Types.--The study shall include an evaluation of 
different types of generation facilities, including--
            (1) coal facilities, under which the evaluation shall 
        account for--
                    (A) different types of coal and associated 
                generating technologies; and
                    (B) the use of technologies designed to minimize 
                and sequester carbon dioxide releases;
            (2) oil and natural gas facilities, under which the 
        evaluation shall account for the use of technologies designed 
        to minimize and sequester carbon dioxide releases;
            (3) hydropower, including turbine upgrades, incremental 
        hydropower, in-stream hydropower, and pump-storage projects;
            (4) thermal solar facilities; and
            (5) nuclear facilities.
    (c) Report to Congress.--Not later than 18 months after the date of 
enactment of this Act, the Secretary shall submit to the appropriate 
committees of Congress a report that contains a description of the 
results of the study conducted under this section (including an 
assessment of any region-specific factor, such as water availability 
and energy reliability, that should be considered in evaluating the 
results).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as are necessary to carry out 
this section, to remain available until expended.

SEC. 143. RECLAMATION WATER CONSERVATION AND ENERGY SAVINGS STUDY.

    (a) Definitions.--In this section:
            (1) Major reclamation project.--The term ``major 
        Reclamation project'' means a multipurpose project authorized 
        by the Federal Government and carried out by the Bureau of 
        Reclamation.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.
    (b) Study.--
            (1) In general.--In accordance with paragraph (2), to 
        promote the efficient use of energy in water distribution 
        systems, the Secretary shall conduct a study to evaluate the 
        quantities of energy used in water storage and delivery 
        operations in major Reclamation projects.
            (2) Elements.--In conducting the study, the Secretary 
        shall--
                    (A) with respect to each major Reclamation 
                project--
                            (i) assess and estimate the annual energy 
                        consumption associated with the major 
                        Reclamation project; and
                            (ii) identify--
                                    (I) each major Reclamation project 
                                that consumes the greatest quantity of 
                                energy; and
                                    (II) the aspect of the operation of 
                                each major Reclamation project 
                                described in subclause (I) that is the 
                                most energy intensive (including water 
                                storage and releases, water delivery, 
                                and administrative operations); and
                    (B) identify opportunities to significantly reduce 
                current energy consumption and costs with respect to 
                each major Reclamation project described in 
                subparagraph (A), including, as applicable, through--
                            (i) reduced groundwater pumping;
                            (ii) improved reservoir operations;
                            (iii) infrastructure rehabilitation;
                            (iv) water reuse; and
                            (v) the integration of renewable energy 
                        generation with project operations.
    (c) Report to Congress.--Not later than 18 months after the date of 
enactment of this Act, the Secretary shall submit to the appropriate 
committees of Congress a report that contains a description of the 
results of the study conducted under this section.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as are necessary to carry out 
this section, to remain available until expended.

SEC. 144. BRACKISH GROUNDWATER NATIONAL DESALINATION RESEARCH FACILITY.

    (a) Definitions.--In this section:
            (1) Facility.--The term ``facility'' means the Brackish 
        Groundwater National Desalination Research Facility, located in 
        Otero County, New Mexico.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Duty of Secretary.--The Secretary shall operate, manage, and 
maintain the facility to carry out research, development, and 
demonstration activities to develop technologies and methods that 
promote brackish groundwater desalination as a viable method to 
increase water supply in a cost-effective manner.
    (c) Objectives; Activities.--
            (1) Objectives.--The Secretary shall operate and manage the 
        facility as a state-of-the-art desalination research center--
                    (A) to develop new water and energy technologies 
                with widespread applicability; and
                    (B) to create new supplies of usable water for 
                municipal, agricultural, industrial, or environmental 
                purposes.
            (2) Activities.--In operating, managing, and maintaining 
        the facility under subsection (b), the Secretary shall carry 
        out--
                    (A) as a priority, the development of renewable 
                energy technologies for integration with desalination 
                technologies--
                            (i) to reduce the capital and operational 
                        costs of desalination;
                            (ii) to minimize the environmental impacts 
                        of desalination; and
                            (iii) to increase public acceptance of 
                        desalination as a viable water supply process;
                    (B) research regarding various desalination 
                processes, including improvements in reverse and 
                forward osmosis technologies;
                    (C) the development of innovative methods and 
                technologies to reduce the volume and cost of 
                desalination concentrated wastes (including the 
                disposal of desalination concentrated wastes) in an 
                environmentally sound manner;
                    (D) an outreach program to create partnerships with 
                States, academic institutions, private entities, and 
                other appropriate organizations to conduct research, 
                development, and demonstration activities, including 
                the establishment of rental and other charges to 
                provide revenue to help offset the costs of operating 
                and maintaining the facility; and
                    (E) an outreach program to educate the public on--
                            (i) desalination and renewable energy 
                        technologies; and
                            (ii) the benefits of using water in an 
                        efficient manner.
    (d) Authority of Secretary.--The Secretary may enter into contracts 
or other agreements with, or make grants to, appropriate entities to 
manage, operate, or otherwise carry out this section, including an 
agreement with a local or regional academic institution or a consortium 
of institutions to manage research activities at the facility.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section, to 
remain available until expended.

SEC. 145. ENHANCED INFORMATION ON WATER-RELATED ENERGY CONSUMPTION.

    Section 205 of the Department of Energy Organization Act (42 U.S.C. 
7135) is amended by adding at the end the following:
    ``(n) Water-related Energy Consumption.--
            ``(1) In general.--Not less than once during each 3-year 
        period, to aid in the understanding and reduction of the 
        quantity of energy used in association with the use of water, 
        the Administrator shall conduct an assessment under which the 
        Administrator shall collect information on energy use in 
        various sectors of the economy that are associated with the 
        procurement, treatment, or delivery of water.
            ``(2) Required sectors.--An assessment described in 
        paragraph (1) shall contain an analysis of water-related energy 
        use for all relevant sectors of the economy, including water 
        used for--
                    ``(A) agricultural purposes;
                    ``(B) municipal purposes;
                    ``(C) industrial purposes; and
                    ``(D) domestic purposes.
            ``(3) Effect.--Nothing in this subsection affects the 
        authority of the Administrator to collect data under section 52 
        of the Federal Energy Administration Act of 1974 (15 U.S.C. 
        790a).''.

SEC. 146. ENERGY-WATER RESEARCH AND DEVELOPMENT ROADMAP.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall develop a document to be known as the 
``Energy-Water Research and Development Roadmap'' to define the future 
research, development, demonstration, and commercialization efforts 
that are required to address emerging water-related challenges to 
future, cost-effective, reliable, and sustainable energy generation and 
production.
    (b) Report.--Not later than 120 days after the date of enactment of 
this Act, the Secretary shall submit to the appropriate committees of 
Congress a report describing the document described in subsection (a), 
including recommendations for any future action with respect to the 
document.

SEC. 147. ENERGY-WATER CLEAN TECHNOLOGY GRANT PROGRAM.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) an eligible unit of local government;
                    (B) an Indian tribe; and
                    (C) a water or wastewater agency of a State or 
                local government.
            (2) Eligible unit of local government.--The term ``eligible 
        unit of local government'' has the meaning given the term in 
        section 541 of the Energy Independence and Security Act of 2007 
        (42 U.S.C. 17151).
            (3) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
    (b) Grant Program.--In accordance with subsection (c), the 
Secretary may carry out a competitive grant program under which the 
Secretary may provide grants to eligible entities to demonstrate the 
deployment of technologies that reduce the consumption of, or conserve, 
energy supplies through energy savings and water conservation 
activities in commercial, residential, and mixed-use development 
projects.
    (c) Requirements.--
            (1) Provision of assistance.--In carrying out the program 
        under subsection (b), the Secretary shall provide assistance to 
        eligible entities that carry out projects that--
                    (A) have the potential to be replicated in other 
                locations;
                    (B) are of sufficient size to demonstrate 
                deployment of the project at scale; and
                    (C) are likely to accelerate and expand investment 
                in cost-effective technologies that demonstrate 
                sustained reductions in energy consumption or 
                conservation of energy supplies, including the 
                deployment of renewable energy and water reuse 
                technologies.
            (2) Prioritization.--In selecting eligible entities under 
        paragraph (1), the Secretary shall give priority to each 
        eligible entity that carries out a project that has the 
        potential to create sustained energy reductions that are 
        greater than 50 percent for the project development, as 
        compared to similar project developments that do not include 
        the technology used by the project that is the subject of the 
        demonstration.
            (3) Cost-sharing.--Each demonstration activity carried out 
        under a project under this program shall be subject to each 
        cost-sharing requirement described in section 988 of the Energy 
        Policy Act of 2005 (42 U.S.C. 16352).
            (4) Public-private partnerships.--The Secretary shall 
        provide a grant under this section only to an eligible entity 
        that uses a public-private partnership to design and carry-out 
        the project of the eligible entity.
            (5) Limitation on funds.--Funds provided through a grant 
        made by the Secretary under this section shall not be used by 
        the recipient eligible entity for any operation or maintenance 
        cost of the eligible entity.
            (6) Report.--The Secretary shall require each eligible 
        entity that receives a grant from the Secretary under this 
        section to submit to the Secretary on a date not later than 1 
        year after the date on which the eligible entity completes the 
        project of the eligible entity a report that contains a 
        description of--
                    (A) the estimated reductions in water use achieved 
                by the project of the entity;
                    (B) the reductions in energy consumption achieved 
                by the project of the entity;
                    (C) the comprehensive environmental benefits 
                achieved by the project of the entity; and
                    (D) the manner by which each reduction or benefit 
                described in subparagraphs (A) through (C) compare to 
                the original estimates of the eligible entity.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $100,000,000 
for each of fiscal years 2010 through 2015, to remain available until 
expended.

SEC. 148. RURAL WATER UTILITIES ENERGY AND WATER EFFICIENCY PROGRAM.

    (a) Duty of Secretary.--As soon as practicable after the date of 
enactment of this Act, the Secretary shall establish and carry out a 
program similar to, and consistent with, the national rural water and 
wastewater circuit rider program established under section 306(a)(22) 
of the Consolidated Farm and Rural Development Act (7 U.S.C. 
1926(a)(22)) (including the authority to make grants)--
            (1) to provide on-site technical assistance to rural 
        drinking water and wastewater utilities (including utilities 
        serving an Indian tribe (as defined in section 4 of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        450b))); and
            (2) to improve energy efficiency, identify and develop 
        alternative and renewable energy supplies, and conserve water 
        in the operation of rural drinking water and wastewater 
        utilities.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $7,000,000 for 
each of fiscal years 2010 through 2015.

SEC. 149. COMPREHENSIVE WATER USE AND ENERGY SAVINGS STUDY.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, in consultation with other Federal agencies and 
appropriate entities, and incorporating available governmental and 
nongovernmental data as appropriate, the Secretary shall conduct a 
comprehensive study to determine the interrelated nature of water and 
energy use (including energy consumption in water-related processes and 
the manner by which to reduce water-related energy consumption) to 
promote the efficient use of water and energy.
    (b) Required Components.--
            (1) In general.--In conducting the study under subsection 
        (a), the Secretary shall include each component described in 
        paragraphs (2) through (5).
            (2) Industrial water.--In accordance with paragraph (1), 
        the Secretary shall--
                    (A) assess the annual industrial water use of the 
                United States through a comparison, as the Secretary 
                determines to be appropriate, of the differences in 
                usage among--
                            (i) various regions of the United States;
                            (ii) industry types and processes; and
                            (iii) the use of in-plant waste treatment 
                        facilities; and
                    (B) identify opportunities to reduce significantly 
                industrial energy consumption and associated costs 
                through the use of--
                            (i) water management strategies;
                            (ii) water conservation using technologies 
                        in existence as of the date of enactment of 
                        this Act; and
                            (iii) reused water, particularly with 
                        respect to industrial energy applications.
            (3) Peak demand.--In accordance with paragraph (1), the 
        Secretary shall identify options to reduce energy use by water 
        treatment and delivery systems during peak electric demand 
        periods, including through--
                    (A) the use of increased water storage facilities;
                    (B) the aggregation of water system utility 
                accounts;
                    (C) the installation of supervisory control and 
                data acquisition systems; and
                    (D) improvements made to primary and secondary 
                water and wastewater treatment.
            (4) Nonpotable water sources.--In accordance with paragraph 
        (1), the Secretary shall identify and assess--
                    (A) the applications and uses for nonfreshwater 
                sources of water supply in industrial, commercial, and 
                residential applications; and
                    (B) the potential energy conservation that may 
                result from the use of nonfreshwater supplies, 
                including--
                            (i) recycled and reclaimed water;
                            (ii) produced water; and
                            (iii) other nontraditional water sources.
            (5) Embedded energy.--In accordance with paragraph (1), to 
        facilitate an understanding of the potential energy savings 
        associated with water conservation and efficiency, the 
        Secretary shall assess and estimate the quantity and type of 
        energy consumed in the procurement, transport, and treatment of 
        water supplies and wastewater that serve industrial, 
        commercial, and residential uses, including variations relating 
        to differences in geography and types of supply and wastewater 
        processes.
    (c) Report.--Not later than 18 months after the date of enactment 
of this Act, the Secretary shall submit to the appropriate committees 
of Congress a report that contains a description of--
            (1) the results of the study conducted by the Secretary 
        under this section; and
            (2) the means by which to incorporate, and the benefits of 
        incorporating, the results of the study into related reports 
        prepared by the Secretary.

               Subtitle E--Vehicle Technology Deployment

SEC. 151. TRANSPORTATION ROADMAP STUDY.

    (a) In General.--The Secretary shall enter into an arrangement with 
the National Academy of Sciences under which the Academy shall--
            (1) conduct a comprehensive analysis of energy use within 
        the light-duty vehicle transportation sector; and
            (2) use the analysis to conduct an integrated study of the 
        technology options for alternative fuels, including 
        electricity, natural gas, hydrogen, and advanced technologies 
        (including battery, hybrid and fuel cell electric, advanced 
        internal combustion, and lean burn diesel technologies), that 
        could reduce petroleum consumption and greenhouse gas 
        emissions.
    (b) Components.--The study shall--
            (1) review the status of technologies and assess the 
        potential of the technologies to meet goals to reduce petroleum 
        consumption and greenhouse gas emissions, including--
                    (A) potential future fuels and pathways to 
                commercial deployment;
                    (B) infrastructure needs for future fuels and other 
                barriers to market penetration;
                    (C) potential timing of market adoption and 
                opportunities to increase the pace of market adoption;
                    (D) a comparison of the potential reductions of 
                petroleum consumption and greenhouse gas emissions for 
                different technological approaches; and
                    (E) improvements in and priorities for Federal 
                research and development program activities to 
                accelerate the development of the most promising 
                technologies;
            (2) consider issues relating to vehicle duty cycles, 
        regional distinctions, and technology development timelines;
            (3) build on and integrate applicable research conducted in 
        recent years, including by the Academy;
            (4) evaluate technical options and assess the extent to 
        which the United States can employ the options to reduce oil 
        intensity by 80 percent by calendar year 2050 and reduce carbon 
        dioxide emissions at a rate that is consistent with national 
        goals; and
            (5) recommend policies to help facilitate the United States 
        meeting national goals.
    (c) Report.--Not later than 21 months after the date on which funds 
are first made available to carry out this section, and every 5 years 
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 (or updated report) 
on the results of the study conducted under subsection (a), including 
any recommendations.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 152. VEHICLE TECHNOLOGY AND RECHARGING INFRASTRUCTURE.

    Section 131 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17011) is amended by adding at the end the following:
    ``(e) Market Assessment and Recharging Infrastructure Study.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Local government.--
                            ``(i) In general.--The term `local 
                        government' has the meaning given the term in 
                        section 3371 of title 5, United States Code.
                            ``(ii) Inclusions.--The term `local 
                        government' includes entities described in 
                        sections 7 and 8 of the Alaska Native Claims 
                        Settlement Act (43 U.S.C. 1606, 1607).
                    ``(B) Range extension infrastructure.--The term 
                `range extension infrastructure' includes equipment, 
                products, or services for recharging plug-in electric 
                vehicles that--
                            ``(i) are available to retail consumers of 
                        electric drive vehicles on a nonexclusive 
                        basis, including payment interoperability with 
                        other systems; and
                            ``(ii) provide for extending driving range 
                        through battery exchange or rapid recharging.
                    ``(C) State.--The term `State' has the meaning 
                given the term in section 3371 of title 5, United 
                States Code.
            ``(2) Study.--The Secretary, in consultation with the 
        Administrator, and the Secretary of Transportation, shall carry 
        out a program to analyze and assess--
                    ``(A) the number and distribution of recharging 
                facilities, including range extension infrastructure, 
                that will be required for drivers of plug-in electric 
                drive vehicles and neighborhood electric vehicles to 
                reliably recharge those electric drive vehicles to meet 
                the average needs of the drivers;
                    ``(B) minimum technical standards for public 
                recharging facilities necessary for widespread 
                deployment;
                    ``(C) the technical and infrastructure investments 
                that electric utilities and electricity providers will 
                be required to make to support widespread deployment of 
                recharging infrastructure, including an estimate of the 
                investments;
                    ``(D) existing electric drive transportation 
                technologies and the state of markets for the purchase 
                of those technologies;
                    ``(E) methods of removing market barriers for 
                existing and emerging applications of electric drive 
                transportation technologies;
                    ``(F) the potential value to the electric grid of 
                using the energy stored in on-board storage systems to 
                improve the efficiency and reliability of the grid 
                generation system; and
                    ``(G) the implications of the introduction of plug-
                in electric drive vehicles and other types of electric 
                transportation on the production of electricity from 
                renewable resources.
            ``(3) Components.--In conducting the study, the Secretary 
        shall analyze and make recommendations on--
                    ``(A) the variety and density of recharging 
                infrastructure options necessary to power plug-in 
                electric drive vehicles under diverse scenarios, 
                including--
                            ``(i) the ratio of residential, commercial, 
                        and public recharging infrastructure options 
                        necessary to support 10 percent-, 20 percent-, 
                        and 50 percent-penetration of plug-in electric 
                        vehicles on a city fleet basis;
                            ``(ii) the ratio of residential, 
                        commercial, and public recharging 
                        infrastructure options necessary to support 10 
                        percent-, 20 percent-, and 50 percent-
                        penetration of plug-in electric vehicles on a 
                        regional fleet basis;
                            ``(iii) the ratio of residential, 
                        commercial, and public recharging 
                        infrastructure options necessary to support 10 
                        percent-, 20 percent-, and 50 percent-
                        penetration of plug-in electric vehicles on a 
                        national fleet basis; and
                            ``(iv) the potential impact of fast 
                        charging on market penetration rates for 
                        electric drive vehicles and the effects on 
                        electric utilities;
                    ``(B) the effects on market penetration of reserved 
                parking spots with access to recharging facilities;
                    ``(C) model codes (including building codes) that 
                need to be updated or otherwise modified to enable 
                widespread deployment of recharging facilities; and
                    ``(D) such other issues as the Secretary considers 
                to be appropriate.
            ``(4) Report.--Not later than 1 year after the date of 
        enactment of this subsection, the Secretary shall submit to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Energy and Commerce of the House of 
        Representatives a report on the results of the study conducted 
        under this subsection, including recommendations.
    ``(f) Financial Support.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this subsection, the Secretary shall establish 
        a program to support the deployment and integration of plug-in 
        electric drive vehicles in multiple regions of the United 
        States through the provision of financial support to State and 
        local governments and other entities to assist in the 
        installation of recharging facilities for electric drive 
        vehicles.
            ``(2) Financial assistance.--In carrying out the program, 
        the Secretary may provide financial assistance described in 
        paragraph (7) to promote the goals described in paragraph (4).
            ``(3) Regions.--The Secretary shall select regions for 
        financial assistance under this subsection based on 
        applications for the assistance received under paragraph (7), 
        taking into consideration the findings of the study conducted 
        under subsection (e).
            ``(4) Goals.--The goals of the program established under 
        this subsection shall be--
                    ``(A) to demonstrate the viability of a vehicle-
                based transportation system that reduces--
                            ``(i) the use of petroleum as a fuel; and
                            ``(ii) the emissions of greenhouse gases 
                        and other pollutants compared to a system based 
                        on conventional transportation fuels;
                    ``(B) to facilitate the integration of advanced 
                vehicle technologies into electricity distribution 
                areas to improve system performance and reliability;
                    ``(C) to demonstrate the potential benefits of 
                coordinated investments in vehicle electrification on 
                personal mobility and a regional grid;
                    ``(D) to demonstrate protocols and standards that 
                facilitate vehicle integration into the grid; and
                    ``(E) to investigate differences in each region and 
                regulatory environment regarding best practices in 
                implementing vehicle electrification.
            ``(5) Use of funds.--Subject to paragraph (6), the 
        Secretary may provide financial assistance to any applicant 
        that applies for, and receives the approval of the Secretary, 
        under paragraph (7)--
                    ``(A) to assist persons located in a region 
                (including fleet owners) in the purchase of new plug-in 
                electric drive vehicles by reducing the incremental 
                cost of the vehicles above the cost of comparable 
                conventionally fueled vehicles;
                    ``(B) to support the use of plug-in electric drive 
                vehicles by funding projects for the deployment of--
                            ``(i) recharging infrastructure for plug-in 
                        electric drive vehicles (including range 
                        extension infrastructure);
                            ``(ii) smart grid equipment and 
                        infrastructure to facilitate the charging and 
                        integration of plug-in electric drive vehicles; 
                        or
                            ``(iii) the purchase of advanced batteries 
                        for use in plug-in electric drive vehicles; or
                    ``(C) to carry out such other projects as the 
                Secretary determines are appropriate to support the 
                large-scale deployment of plug-in electric drive 
                vehicles in regional deployment areas.
            ``(6) Cost share.--The Secretary shall carry out the 
        programs established under this subsection in accordance with 
        section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352).
            ``(7) Financial support.--
                    ``(A) In general.--The Secretary may--
                            ``(i) provide grants to States and local 
                        governments for demonstration and commercial 
                        application of recharging infrastructure in 
                        accordance with paragraph (8) in accordance 
                        with section 988 of the Energy Policy Act of 
                        2005 (42 U.S.C. 16352); and
                            ``(ii) consult with the Administrator of 
                        the Clean Energy Deployment Administration to 
                        further the goals of this section.
                    ``(B) Applications.--
                            ``(i) In general.--An applicant that seeks 
                        to receive financial assistance under this 
                        subsection shall submit to the Secretary an 
                        application at such time, in such manner, and 
                        containing such information as the Secretary 
                        determines are necessary through rulemaking.
                            ``(ii) Joint sponsorship.--An application 
                        may be jointly sponsored by electric utilities, 
                        automobile manufacturers, technology providers, 
                        car-sharing companies or organizations, or 
                        other persons or entities.
                    ``(C) Requirements.--The design elements and 
                requirements of the program established under this 
                subsection shall include--
                            ``(i) an evaluation of the financial 
                        mechanisms that will most effectively promote 
                        the purposes of this section;
                            ``(ii) criteria for evaluating applications 
                        submitted under this paragraph, taking into 
                        consideration the findings of the study 
                        conducted under subsection (e) (including the 
                        anticipated ability to promote deployment and 
                        market penetration of plug-in electric drive 
                        vehicles that are less dependent on petroleum 
                        as a fuel source);
                            ``(iii) reporting requirements for entities 
                        that receive financial assistance under this 
                        subsection, including a comprehensive set of 
                        performance data that reflect the results of 
                        the program; and
                            ``(iv) provisions that no proprietary 
                        information, trade secret, or other 
                        confidential information is required to be 
                        disclosed.
            ``(8) Grants to states and local governments for recharging 
        infrastructure.--
                    ``(A) In general.--The Secretary shall establish a 
                program under which the Secretary shall provide grants 
                and other financial support to States and local 
                governments to assist in the installation of recharging 
                infrastructure for plug-in electric drive vehicles in 
                areas under the jurisdiction of the States or local 
                governments.
                    ``(B) Eligibility.--To be eligible to obtain a 
                grant or other financial support under this subsection, 
                a State or local government shall--
                            ``(i) demonstrate to the Secretary that the 
                        applicant has taken into consideration the 
                        findings of the report submitted under 
                        subsection (e), unless the State or local 
                        government demonstrates to the Secretary that 
                        an alternative variety and density of 
                        recharging infrastructure options would better 
                        meet the purposes of this section; and
                            ``(ii) agree not to charge a premium for 
                        use of a parking space used to recharge an 
                        electric drive vehicle other than a charge for 
                        electric energy.
                    ``(C) Guidelines.--The Secretary shall establish 
                guidelines for carrying out this subsection that are 
                consistent with the report submitted under subsection 
                (e).
            ``(9) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary such sums as are 
        necessary to carry out this subsection, to remain available 
        until expended.
    ``(g) Information Clearinghouse.--As part of the program 
established under this section, the Secretary shall collect and make 
available to the public information regarding the cost, performance, 
and other technical data regarding the deployment and integration of 
plug-in hybrid electric drive vehicles.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this subsections 
(e) and (g).''.

SEC. 153. ELECTRIC DRIVE TRANSPORTATION STANDARDIZATION.

    (a) Report to Congress.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        National Institute of Standards and Technology, the National 
        Laboratories, utilities, vehicle manufacturers, battery 
        manufacturers, industry trade associations, and such other 
        entities as the Secretary determines to be appropriate, shall 
        submit to Congress a report containing recommendations for 
        establishing and adopting consensus or industry standards for 
        electric drive transportation.
            (2) Contents.--The report shall--
                    (A) identify consensus standards that exist or are 
                under development, such as--
                            (i) standardized electronic protocols for 
                        use in communicating with the electrical power 
                        grid;
                            (ii) safety and interoperability standards 
                        for the plug and socket for plug-in electric 
                        drive vehicles;
                            (iii) battery-to-vehicle high voltage power 
                        connectors;
                            (iv) battery-to-vehicle communications 
                        signal interface hardware and operational 
                        protocols;
                            (v) safety interlock devices;
                            (vi) battery safety; and
                            (vii) other items identified by the 
                        Secretary as priority items;
                    (B) identify priority standards for the widespread 
                deployment of electric drive technology; and
                    (C) recommend a collaborative process for public 
                and private entities that will accelerate the 
                development of priority standards, including--
                            (i) making maximum use of existing relevant 
                        work; and
                            (ii) identifying areas in which new 
                        research is required.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 154. PILOT PROGRAM FOR PLUG-IN ELECTRIC DRIVE VEHICLES FOR FEDERAL 
              FLEET.

    Section 131 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17011) (as amended by section 152) is amended by adding at the 
end the following:
    ``(h) Pilot Program for Plug-in Electric Drive Vehicles.--
            ``(1) In general.--The Secretary shall establish, as part 
        of the Federal Energy Management Program, a pilot program under 
        which the Secretary shall provide grants for--
                    ``(A) the incremental cost of precommercial plug-in 
                electric drive vehicles for purchase or lease in an 
                amount not to exceed $10,000 per vehicle purchased or 
                $1,500 per year per vehicle leased; and
                    ``(B) recharging infrastructure at Federal 
                facilities in conjunction with the vehicles.
            ``(2) Guidelines.--Not later than 90 days after the date of 
        enactment of this subsection, the Secretary shall issue 
        guidelines for the pilot program established under this 
        subsection.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this subsection for the period of fiscal years 2010 
        through 2015.''.

SEC. 155. STUDY OF END-OF-USEFUL LIFE OPTIONS FOR MOTOR VEHICLE 
              BATTERIES.

    (a) In General.--In combination with the research, demonstration, 
and deployment activities conducted under section 641(k) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17231(k)), the 
Secretary shall conduct a study on the end-of-useful life options for 
motor vehicle batteries, including batteries used in electric drive 
vehicles.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to the appropriate committees of 
Congress a report on the results of the study conducted under 
subsection (a), including recommendations for stationary storage 
applications and recyclability design specifications.

                  TITLE II--ENHANCED ENERGY EFFICIENCY

              Subtitle A--Manufacturing Energy Efficiency

SEC. 201. 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--
                    ``(A) reduce systems energy intensity, including 
                the use of energy intensive feedstocks; and
                    ``(B) improve the industrial competitiveness of the 
                United States.
            ``(2) Eligible lenders.--To be eligible to receive cost-
        matched Federal funds under this subsection, a lender shall--
                    ``(A) be a community and economic development 
                lender that the Secretary certifies meets the 
                requirements of this subsection;
                    ``(B) lead a partnership that includes 
                participation by, at a minimum--
                            ``(i) a State government agency; and
                            ``(ii) a private financial institution or 
                        other provider of loan capital;
                    ``(C) submit an application to the Secretary, and 
                receive the approval of the Secretary, for cost-matched 
                Federal funds to carry out a loan program described in 
                paragraph (1); and
                    ``(D) ensure that non-Federal funds are provided to 
                match, on at least a dollar-for-dollar basis, the 
                amount of Federal funds that are provided to carry out 
                a revolving loan program described in paragraph (1).
            ``(3) Award.--The amount of cost-matched Federal funds 
        provided to an eligible lender shall not exceed $100,000,000 
        for any fiscal year.
            ``(4) Recapture of awards.--
                    ``(A) In general.--An eligible lender that receives 
                an award under paragraph (1) shall be required to repay 
                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 of industrial and 
        commercial applications of technologies or processes that--
                    ``(A) improve energy efficiency;
                    ``(B) enhance the industrial competitiveness of the 
                United States; and
                    ``(C) achieve such other goals as the Secretary 
                determines to be appropriate.
            ``(6) Evaluation.--The Secretary shall evaluate 
        applications for cost-matched Federal funds under this 
        subsection on the basis of--
                    ``(A) the description of the program to be carried 
                out with the cost-matched Federal funds;
                    ``(B) the commitment to provide non-Federal funds 
                in accordance with paragraph (2)(D);
                    ``(C) program sustainability over a 10-year period;
                    ``(D) the capability of the applicant;
                    ``(E) the quantity of energy savings or energy 
                feedstock minimization;
                    ``(F) the advancement of the goal under this Act of 
                25-percent energy avoidance;
                    ``(G) the ability to fund energy efficient projects 
                not later than 120 days after the date of the grant 
                award; and
                    ``(H) such other factors as the Secretary 
                determines appropriate.
            ``(7) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $500,000,000 
        for each of fiscal years 2010 through 2012.''.

SEC. 202. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY EFFICIENT 
              TECHNOLOGIES FOR INDUSTRY.

    (a) In General.--As part of the research and development activities 
of the Industrial Technologies Program of the Department of Energy, the 
Secretary shall establish, as appropriate, collaborative research and 
development partnerships with other programs within the Office of 
Energy Efficiency and Renewable Energy, including the Building 
Technologies Program, the Office of Electricity Delivery and Energy 
Reliability, and programs of the Office of Science--
            (1) to leverage the research and development expertise of 
        those programs to promote early stage energy efficiency 
        technology development; and
            (2) to apply the knowledge and expertise of the Industrial 
        Technologies Program to help achieve the program goals of the 
        other programs.
    (b) Reports.--Not later than 2 years after the date of enactment of 
this Act and biennially thereafter, the Secretary shall submit to 
Congress a report that describes actions taken to carry out subsection 
(a) and the results of those actions.

SEC. 203. ENERGY EFFICIENT TECHNOLOGIES ASSESSMENT.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary shall commence an assessment of commercially 
available, cost competitive energy efficiency technologies that are not 
widely implemented within the United States for the energy intensive 
industries of--
            (1) steel;
            (2) aluminum;
            (3) forest and paper products;
            (4) food processing;
            (5) metal casting;
            (6) glass;
            (7) chemicals;
            (8) petroleum refining;
            (9) cement;
            (10) information and communication technologies; and
            (11) other industries that (as determined by the 
        Secretary)--
                    (A) use large quantities of energy;
                    (B) emit large quantities of greenhouse gases; or
                    (C) use a rapidly increasing quantity of energy.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall publish a report, based on the assessment 
conducted under subsection (a), that contains--
            (1) a detailed inventory describing the cost, energy, and 
        greenhouse gas emission savings of each technology described in 
        subsection (a);
            (2) for each technology, the total cost, energy, and 
        greenhouse gas emissions savings if the technology is 
        implemented throughout the industry of the United States;
            (3) for each industry, an assessment of total possible 
        cost, energy, and greenhouse gas emissions savings possible if 
        state-of-the art, cost-competitive, commercial energy 
        efficiency technologies were adopted; and
            (4) for each industry, a comparison to the European Union, 
        Japan, and other appropriate countries of energy efficiency 
        technology adoption rates, as determined by the Secretary.

SEC. 204. FUTURE OF INDUSTRY PROGRAM.

    (a) In General.--Section 452(c)(2) of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17111(c)(2)) is amended by striking the 
section heading and inserting the following: ``future of industry 
program''.
    (b) Industry-specific Road Maps.--Section 452(c)(2) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17111(c)(2)) is 
amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) by redesignating subparagraph (F) as subparagraph (G); 
        and
            (3) by inserting after subparagraph (E) the following:
                    ``(F) research to establish (through the Industrial 
                Technologies Program and in collaboration with energy-
                intensive industries) a road map process under which--
                            ``(i) industry-specific studies are 
                        conducted to determine the intensity of energy 
                        use, greenhouse gas emissions, and waste and 
                        operating costs, by process and subprocess;
                            ``(ii) near-, mid-, and long-term targets 
                        of opportunity are established for synergistic 
                        improvements in efficiency, sustainability, and 
                        resilience; and
                            ``(iii) public/private actionable plans are 
                        created to achieve roadmap goals; and''.
    (c) Industrial Research and Assessment Centers.--
            (1) In general.--Section 452(e) of the Energy Independence 
        and Security Act of 2007 (42 U.S.C. 17111(e)) is amended--
                    (A) by redesignating paragraphs (1) through (5) as 
                subparagraphs (A) through (E), respectively, and 
                indenting appropriately;
                    (B) by striking ``The Secretary'' and inserting the 
                following:
            ``(1) In general.--The Secretary'';
                    (C) in subparagraph (A) (as redesignated by 
                subparagraph (A)), by inserting before the semicolon at 
                the end the following: ``, including assessments of 
                sustainable manufacturing goals and the implementation 
                of information technology advancements for supply chain 
                analysis, logistics, industrial and manufacturing 
                processes, and other purposes''; and
                    (D) by adding at the end the following:
            ``(2) Centers of excellence.--
                    ``(A) In general.--The Secretary shall establish a 
                Center of Excellence at up to 10 of the highest 
                performing industrial research and assessment centers, 
                as determined by the Secretary.
                    ``(B) Duties.--A Center of Excellence shall 
                coordinate with and advise the industrial research and 
                assessment centers located in the region of the Center 
                of Excellence.
                    ``(C) Funding.--Subject to the availability of 
                appropriations, of the funds made available under 
                subsection (f), the Secretary shall use to support each 
                Center of Excellence not less than $500,000 for fiscal 
                year 2010 and each fiscal year thereafter, as 
                determined by the Secretary.
            ``(3) Expansion of centers.--The Secretary shall provide 
        funding to establish additional industrial research and 
        assessment centers at institutions of higher education that do 
        not have industrial research and assessment centers established 
        under paragraph (1), taking into account the size of, and 
        potential energy efficiency savings for, the manufacturing base 
        within the region of the proposed center.
            ``(4) Coordination.--
                    ``(A) In general.--To increase the value and 
                capabilities of the industrial research and assessment 
                centers, the centers shall--
                            ``(i) coordinate with Manufacturing 
                        Extension Partnership Centers of the National 
                        Institute of Science and Technology;
                            ``(ii) coordinate with the Building 
                        Technologies Program of the Department of 
                        Energy to provide building assessment services 
                        to manufacturers;
                            ``(iii) increase partnerships with the 
                        National Laboratories of the Department of 
                        Energy to leverage the expertise and 
                        technologies of the National Laboratories for 
                        national industrial and manufacturing needs;
                            ``(iv) identify opportunities for reducing 
                        greenhouse gas emissions; and
                            ``(v) promote sustainable manufacturing 
                        practices for small- and medium-sized 
                        manufacturers.
            ``(5) Outreach.--The Secretary shall provide funding for--
                    ``(A) outreach activities by the industrial 
                research and assessment centers to inform small- and 
                medium-sized manufacturers of the information, 
                technologies, and services available; and
                    ``(B) a full-time equivalent employee at each 
                center of excellence whose primary mission shall be to 
                coordinate and leverage the efforts of the center 
                with--
                            ``(i) Federal and State efforts;
                            ``(ii) the efforts of utilities; and
                            ``(iii) the efforts of other centers in the 
                        region of the center of excellence.
            ``(6) Workforce training.--
                    ``(A) In general.--The Secretary shall pay the 
                Federal share of associated internship programs under 
                which students work with industries and manufactures to 
                implement the recommendations of industrial research 
                and assessment centers.
                    ``(B) Federal share.--The Federal share of the cost 
                of carrying out internship programs described in 
                subparagraph (A) shall be 50 percent.
                    ``(C) Funding.--Subject to the availability of 
                appropriations, of the funds made available under 
                subsection (f), the Secretary shall use to carry out 
                this paragraph not less than $5,000,000 for fiscal year 
                2010 and each fiscal year thereafter.
            ``(7) Small business loans.--The Administrator of the Small 
        Business Administration shall, to the maximum practicable, 
        expedite consideration of applications from eligible small 
        business concerns for loans under the Small Business Act (15 
        U.S.C. 631 et seq.) to implement recommendations of industrial 
        research and assessment centers established under paragraph 
        (1).''.
    (d) Future of Industry Program.--Section 452(f) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17111(f)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (C), by striking 
                ``$196,000,000'' and inserting ``$216,000,000'';
                    (B) in subparagraph (D), by striking 
                ``$202,000,000'' and inserting ``$232,000,000''; and
                    (C) in subparagraph (E), by striking 
                ``$208,000,000'' and inserting ``$248,000,000''; and
            (2) by adding at the end the following:
            ``(4) Industrial research and assessment centers.--Of the 
        amounts made available under paragraph (1), the Secretary shall 
        use to provide funding to industrial research and assessment 
        centers under subsection (e) not less than--
                    ``(A) $20,000,000 for fiscal year 2010;
                    ``(B) $30,000,000 for fiscal year 2011; and
                    ``(C) $40,000,000 for fiscal year 2012 and each 
                fiscal year thereafter.''.

SEC. 205. SUSTAINABLE MANUFACTURING INITIATIVE.

    (a) In General.--Part E of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6341) is amended by adding at the end the 
following:

``SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.

    ``(a) In General.--As part of the Industrial Technologies Program 
of the Department of Energy, the Secretary shall carry out a 
sustainable manufacturing initiative under which the Secretary, on the 
request of a manufacturer, shall conduct onsite technical assessments 
to identify opportunities for--
            ``(1) maximizing the energy efficiency of systems;
            ``(2) preventing pollution and minimizing waste;
            ``(3) reducing the use of water in manufacturing processes;
            ``(4) conserving natural resources; and
            ``(5) achieving such other goals as the Secretary 
        determines to be appropriate.
    ``(b) Coordination.--The Secretary shall carry out the initiative 
in coordination with appropriate agencies, including the National 
Institute of Standards and Technology.
    ``(c) Research and Development Program for Sustainable 
Manufacturing and Industrial Technologies and Processes.--As part of 
the Industrial Technologies Program of the Department of Energy, the 
Secretary shall carry out a joint industry-government partnership 
program to conduct research and development of new sustainable 
manufacturing and industrial technologies and processes that maximize 
the energy efficiency of systems, reduce pollution, and conserve 
natural resources.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.''.
    (b) Table of Contents.--The table of contents of the Energy Policy 
and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the 
end of the items relating to part E of title III the following:

``Sec. 376. Sustainable manufacturing initiative.''.

SEC. 206. INNOVATION IN INDUSTRY GRANTS.

    Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396) is 
amended by adding at the end the following:
    ``(g) Innovation in Industry Grants.--
            ``(1) In general.--As part of the program under this 
        section, the Secretary shall carry out a program to pay the 
        Federal share of competitively awarding grants to State-
        industry partnerships in accordance with this subsection to 
        develop, demonstrate, and commercialize new technologies or 
        processes for industries that significantly--
                    ``(A) reduce energy use and energy intensive 
                feedstocks;
                    ``(B) reduce pollution and greenhouse gas 
                emissions;
                    ``(C) reduce industrial waste; and
                    ``(D) improve domestic industrial cost 
                competitiveness.
            ``(2) Administration.--
                    ``(A) Applications.--A State-industry partnership 
                seeking a grant under this subsection shall submit to 
                the Secretary an application for a grant to carry out a 
                project to demonstrate an innovative energy efficiency 
                technology or process described in paragraph (1).
                    ``(B) Cost sharing.--To be eligible to receive a 
                grant under this subsection, a State-industry 
                partnership shall agree to match, on at least a dollar-
                for-dollar basis, the amount of Federal funds that are 
                provided to carry out the project.
                    ``(C) Grant.--The Secretary shall provide to a 
                State-industry partnership selected under this 
                subsection a 1-time grant of not more than $500,000 to 
                initiate the project.
            ``(3) Eligible projects.--A project for which a grant is 
        received under this subsection shall be designed to demonstrate 
        successful--
                    ``(A) industrial applications of energy efficient 
                technologies or processes that reduce costs to industry 
                and prevent pollution and greenhouse gas releases; or
                    ``(B) energy efficiency improvements in material 
                inputs, processes, or waste streams to enhance the 
                industrial competitiveness of the United States.
            ``(4) Evaluation.--The Secretary shall evaluate 
        applications for grants under this subsection on the basis of--
                    ``(A) the description of the concept;
                    ``(B) cost-efficiency;
                    ``(C) the capability of the applicant;
                    ``(D) the quantity of energy savings;
                    ``(E) the commercialization or marketing plan; and
                    ``(F) such other factors as the Secretary 
                determines to be appropriate.''.

SEC. 207. STUDY OF ADVANCED ENERGY TECHNOLOGY MANUFACTURING 
              CAPABILITIES IN THE UNITED STATES.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary shall enter into an arrangement with the 
National Academy of Sciences under which the Academy shall conduct a 
study of the development of advanced manufacturing capabilities for 
various energy technologies, including--
            (1) an assessment of the manufacturing supply chains of 
        established and emerging industries;
            (2) an analysis of--
                    (A) the manner in which supply chains have changed 
                over the 25-year period ending on the date of enactment 
                of this Act;
                    (B) current trends in supply chains; and
                    (C) the energy intensity of each part of the supply 
                chain and opportunities for improvement;
            (3) for each technology or manufacturing sector, an 
        analysis of which sections of the supply chain are critical for 
        the United States to retain or develop to be competitive in the 
        manufacturing of the technology;
            (4) an assessment of which emerging energy technologies the 
        United States should focus on to create or enhance 
        manufacturing capabilities; and
            (5) recommendations on leveraging the expertise of energy 
        efficiency and renewable energy user facilities so that best 
        materials and manufacturing practices are designed and 
        implemented.
    (b) Report.--Not later than 2 years after the date on which the 
Secretary enters into the agreement with the Academy described in 
subsection (a), the Academy shall submit to the Committee on Energy and 
Natural Resources of the Senate, the Committee on Energy and Commerce 
of the House of Representatives, and the Secretary a report describing 
the results of the study required under this section, including any 
findings and recommendations.

SEC. 208. INDUSTRIAL TECHNOLOGIES STEERING COMMITTEE.

    The Secretary shall establish an advisory steering committee to 
provide recommendations to the Secretary on planning and implementation 
of the Industrial Technologies Program of the Department of Energy.

SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary such sums 
as are necessary to carry out this subtitle.

      Subtitle B--Improved Efficiency in Appliances and Equipment

SEC. 221. TEST PROCEDURE PETITION PROCESS.

    (a) Consumer Products Other Than Automobiles.--Section 323(b)(1) of 
the Energy Policy and Conservation Act (42 U.S.C. 6293(b)(1)) is 
amended--
            (1) in subparagraph (A)(i), by striking ``amend'' and 
        inserting ``publish in the Federal Register amended''; and
            (2) by adding at the end the following:
                    ``(B) Petitions.--
                            ``(i) In general.--In the case of any 
                        covered product, any person may petition the 
                        Secretary to conduct a rulemaking--
                                    ``(I) to prescribe a test procedure 
                                for the covered product; or
                                    ``(II) to amend the test procedures 
                                applicable to the covered product to 
                                more accurately or fully comply with 
                                paragraph (3).
                            ``(ii) Determination.--The Secretary 
                        shall--
                                    ``(I) not later than 90 days after 
                                the date of receipt of the petition, 
                                publish the petition in the Federal 
                                Register; and
                                    ``(II) not later than 180 days 
                                after the date of receipt of the 
                                petition, grant or deny the petition.
                            ``(iii) Basis.--The Secretary shall grant a 
                        petition if the Secretary finds that the 
                        petition contains evidence that, assuming no 
                        other evidence was considered, provides an 
                        adequate basis for determining that an amended 
                        test method would more accurately or fully 
                        comply with paragraph (3).
                            ``(iv) Effect on other requirements.--The 
                        granting of a petition by the Secretary under 
                        this subparagraph shall create no presumption 
                        with respect to the determination of the 
                        Secretary that the proposed test procedure 
                        meets the requirements of paragraph (3).
                            ``(v) Rulemaking.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), not later 
                                than the end of the 18-month period 
                                beginning on the date of granting a 
                                petition, the Secretary shall publish 
                                an amended test method or a 
                                determination not to amend the test 
                                method.
                                    ``(II) Extension.--The Secretary 
                                may extend the period described in 
                                subclause (I) for 1 additional year.
                                    ``(III) Direct final rule.--The 
                                Secretary may adopt a consensus test 
                                procedure in accordance with the direct 
                                final rule procedure established under 
                                section 325(p)(4).''.
    (b) Certain Industrial Equipment.--Section 343 of the Energy Policy 
and Conservation Act (42 U.S.C. 6314) is amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1) Amendment and petition process.--
                    ``(A) In general.--At least once every 7 years, the 
                Secretary shall review test procedures for all covered 
                equipment and--
                            ``(i) publish in the Federal Register 
                        amended test procedures with respect to any 
                        covered equipment, if the Secretary determines 
                        that amended test procedures would more 
                        accurately or fully comply with paragraphs (2) 
                        and (3); or
                            ``(ii) publish notice in the Federal 
                        Register of any determination not to amend a 
                        test procedure.
                    ``(B) Petitions.--
                            ``(i) In general.--In the case of any class 
                        or category of covered equipment, any person 
                        may petition the Secretary to conduct a 
                        rulemaking--
                                    ``(I) to prescribe a test procedure 
                                for the covered equipment; or
                                    ``(II) to amend the test procedures 
                                applicable to the covered equipment to 
                                more accurately or fully comply with 
                                paragraphs (2) and (3).
                            ``(ii) Determination.--The Secretary 
                        shall--
                                    ``(I) not later than 90 days after 
                                the date of receipt of the petition, 
                                publish the petition in the Federal 
                                Register; and
                                    ``(II) not later than 180 days 
                                after the date of receipt of the 
                                petition, grant or deny the petition.
                            ``(iii) Basis.--The Secretary shall grant a 
                        petition if the Secretary finds that the 
                        petition contains evidence that, assuming no 
                        other evidence was considered, provides an 
                        adequate basis for determining that an amended 
                        test method would more accurately promote 
                        energy or water use efficiency.
                            ``(iv) Effect on other requirements.--The 
                        granting of a petition by the Secretary under 
                        this paragraph shall create no presumption with 
                        respect to the determination of the Secretary 
                        that the proposed test procedure meets the 
                        requirements of paragraphs (2) and (3).
                            ``(v) Rulemaking.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), not later 
                                than the end of the 18-month period 
                                beginning on the date of granting a 
                                petition, the Secretary shall publish 
                                an amended test method or a 
                                determination not to amend the test 
                                method.
                                    ``(II) Extension.--The Secretary 
                                may extend the period described in 
                                subclause (I) for 1 additional year.
                                    ``(III) Direct final rule.--The 
                                Secretary may adopt a consensus test 
                                procedure in accordance with the direct 
                                final rule procedure established under 
                                section 325(p).'';
            (2) by striking subsection (c); and
            (3) by redesignating subsections (d) and (e) as subsections 
        (c) and (d), respectively.

SEC. 222. ENERGY STAR PROGRAM.

    (a) Division of Responsibilities.--Section 324A(b) of the Energy 
Policy and Conservation Act (42 U.S.C. 6294a(b)) is amended--
            (1) by striking ``Responsibilities'' and inserting the 
        following:
            ``(1) In general.--Responsibilities''; and
            (2) by adding at the end the following:
            ``(2) Update.--Not later than 180 days after the date of 
        enactment of this paragraph, the Secretary and the 
        Administrator shall update the agreements described in 
        paragraph (1), including agreements on provisions that 
        provide--
                    ``(A) a clear delineation of the roles and 
                responsibilities of each agency that is based on the 
                resources and areas of expertise of each agency;
                    ``(B) a formal process for high-level 
                decisionmaking that allows each agency to make specific 
                programmatic decisions based on the program approaches 
                of each agency;
                    ``(C) a facilitated annual planning meeting that 
                establishes strategic priorities and goals for the 
                coming year;
                    ``(D) a prescribed course of action to work through 
                differences and disagreements;
                    ``(E) a facilitated biannual program review 
                conducted by a third-party that--
                            ``(i) incorporates an assessment of program 
                        progress, partner acceptance, the achievement 
                        of program goals, and future strategic 
                        planning; and
                            ``(ii) is evaluated by the Council on 
                        Environmental Quality, which shall appraise the 
                        findings in the review and work with the 
                        agencies to resolve any negative findings; and
                    ``(F) a sunset date for the new agreement and a 
                timetable for establishing future agreements based on 
                priorities at that time.''.
    (b) Duties.--Section 324A(c) of the Energy Policy and Conservation 
Act (42 U.S.C. 6294a(c)) is amended--
            (1) in paragraph (6), by striking ``and'' after the 
        semicolon at the end;
            (2) in paragraph (7), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(8)(A) review each product category--
                    ``(i) at least once every 3 years; or
                    ``(ii) when market share for an Energy Star product 
                category reaches 35 percent;
            ``(B) based on the review--
                    ``(i) update and publish the Energy Star product 
                criteria for the category; or
                    ``(ii) publish a finding that no update is 
                justified with the explanation for the finding;
            ``(C) require that--
                    ``(i) industry consensus test methods established 
                by the Department of Energy shall--
                            ``(I) take into consideration test 
                        procedures or rating procedures developed by 
                        industry standards organizations; and
                            ``(II) be used for all solid-state lighting 
                        products, including--
                                    ``(aa) integral luminaries;
                                    ``(bb) integral replacement lamps;
                                    ``(cc) light engines; and
                    ``(ii) in accordance with the commercialization 
                support provisions of section 912 of the Energy Policy 
                Act of 2005 (42 U.S.C. 16192), the Department of Energy 
                shall assume all responsibility for the implementation 
                of an Energy Star program for solid-state lighting; and
            ``(D) during the initial review for each product category, 
        establish an alternative market share to trigger subsequent 
        reviews, based on product-specific technology and market 
        attributes;
            ``(9) require a demonstration of compliance with the Energy 
        Star criteria by qualified products, except that--
                    ``(A) the demonstration shall be conducted in 
                accordance with appropriate methods determined for each 
                product type by the Secretary or the Administrator of 
                the Environmental Protection Agency (as appropriate), 
                including--
                            ``(i) third-party verification;
                            ``(ii) third-party certification;
                            ``(iii) purchase and testing of products 
                        from the market; or
                            ``(iv) other verified testing and 
                        compliance approaches; and
                    ``(B) the Secretary or Administrator may exempt 
                specific types of products from the requirements of 
                this subparagraph if the Secretary or Administrator 
                finds that--
                            ``(i) the benefits to the Energy Star 
                        program of verifying product performance are 
                        substantially exceeded by the burdens; or
                            ``(ii) there are no benefits to the Energy 
                        Star program; and
            ``(10) develop and publish standardized building energy 
        audit methods.''.
    (c) Funding.--Section 324A of the Energy Policy and Conservation 
Act (42 U.S.C. 6294a) is amended by adding at the end the following:
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) to the Department of Energy $25,000,000 for each 
        fiscal year; and
            ``(2) to the Environmental Protection Agency $100,000,000 
        for each fiscal year.''.

SEC. 223. PETITION FOR AMENDED STANDARDS.

    Section 325(n) of the Energy Policy and Conservation Act (42 U.S.C. 
6295(n)) is amended--
            (1) by redesignating paragraph (3) as paragraph (5); and
            (2) by inserting after paragraph (2) the following:
            ``(3) Notice of decision.--Not later than 180 days after 
        the date of receiving a petition, the Secretary shall publish 
        in the Federal Register a notice of, and explanation for, the 
        decision of the Secretary to grant or deny the petition.
            ``(4) New or amended standards.--Not later than 3 years 
        after the date of granting a petition for new or amended 
        standards, the Secretary shall publish in the Federal 
        Register--
                    ``(A) a final rule that contains the new or amended 
                standards; or
                    ``(B) a determination that no new or amended 
                standards are necessary.''.

SEC. 224. PORTABLE LIGHT FIXTURES.

    (a) Definitions.--Section 321 of the Energy Policy and Conservation 
Act (42 U.S.C. 6291) is amended by adding at the end the following:
            ``(67) Art work light fixture.--The term `art work light 
        fixture' means a light fixture designed only to be mounted 
        directly to an art work and for the purpose of illuminating 
        that art work.
            ``(68) LED light engine.--The term `LED light engine' or 
        `LED light engine with integral heat sink' means a subsystem of 
        an LED light fixture that--
                    ``(A) includes 1 or more LED components, 
                including--
                            ``(i) an LED driver power source with 
                        electrical and mechanical interfaces; and
                            ``(ii) an integral heat sink to provide 
                        thermal dissipation; and
                    ``(B) may be designed to accept additional 
                components that provide aesthetic, optical, and 
                environmental control.
            ``(69) LED light fixture.--The term `LED light fixture' 
        means a complete lighting unit consisting of--
                    ``(A) an LED light source with 1 or more LED lamps 
                or LED light engines; and
                    ``(B) parts--
                            ``(i) to distribute the light;
                            ``(ii) to position and protect the light 
                        source; and
                            ``(iii) to connect the light source to 
                        electrical power.
            ``(70) Light fixture.--The term `light fixture' means a 
        product designed to provide light that includes--
                    ``(A) at least 1 lamp socket; and
                    ``(B) parts--
                            ``(i) to distribute the light;
                            ``(ii) position and protect 1 or more 
                        lamps; and
                            ``(iii) to connect 1 or more lamps to a 
                        power supply.
            ``(71) Portable light fixture.--
                    ``(A) In general.--The term `portable light 
                fixture' means a light fixture that has a flexible cord 
                and an attachment plug for connection to a nominal 120-
                volt circuit that--
                            ``(i) allows the user to relocate the 
                        product without any rewiring; and
                            ``(ii) typically can be controlled with a 
                        switch located on the product or the power cord 
                        of the product.
                    ``(B) Exclusions.--The term `portable light 
                fixture' does not include--
                            ``(i) direct plug-in night lights, sun or 
                        heat lamps, medical or dental lights, portable 
                        electric hand lamps, signs or commercial 
                        advertising displays, photographic lamps, 
                        germicidal lamps, or light fixtures for marine 
                        use or for use in hazardous locations (as those 
                        terms are defined in ANSI/NFPA 70 of the 
                        National Electrical Code); or
                            ``(ii) decorative lighting strings, 
                        decorative lighting outfits, or electric 
                        candles or candelabra without lamp shades that 
                        are covered by Underwriter Laboratories (UL) 
                        standard 588, `Seasonal and Holiday Decorative 
                        Products'.''.
    (b) Coverage.--
            (1) In general.--Section 322(a) of the Energy Policy and 
        Conservation Act (42 U.S.C. 6292(a)) is amended--
                    (A) by redesignating paragraph (20) as paragraph 
                (21); and
                    (B) by inserting after paragraph (19) the 
                following:
            ``(20) Portable light fixtures.''.
            (2) Conforming amendments.--Section 325(l) of the Energy 
        Policy and Conservation Act (42 U.S.C. 6295(l)) is amended by 
        striking ``paragraph (19)'' each place it appears in paragraphs 
        (1) and (2) and inserting ``paragraph (21)''.
    (c) Test Procedures.--Section 323(b) of the Energy Policy and 
Conservation Act (42 U.S.C. 6293(b)) is amended by adding at the end 
the following:
            ``(19) LED fixtures and led light engines.--Test procedures 
        for LED fixtures and LED light engines shall be based on 
        Illuminating Engineering Society of North America test 
        procedure LM-79, Approved Method for Electrical and Photometric 
        Testing of Solid-State Lighting Devices and an IES-approved 
        test procedure for testing LED light engines.''.
    (d) Standards.--Section 325 of the Energy Policy and Conservation 
Act (42 U.S.C. 6295) is amended--
            (1) by redesignating subsection (ii) as subsection (kk); 
        and
            (2) by inserting after subsection (hh) the following:
    ``(ii) Portable Light Fixtures.--
            ``(1) In general.--Subject to paragraphs (2) and (3), 
        portable light fixtures manufactured on or after January 1, 
        2012, shall meet 1 or more of the following requirements:
                    ``(A) Be a fluorescent light fixture that meets the 
                requirements of the Energy Star Program for Residential 
                Light Fixtures, Version 4.2.
                    ``(B) Be equipped with only 1 or more GU-24 line-
                voltage sockets, not be rated for use with incandescent 
                lamps of any type (as defined in ANSI standards), and 
                meet the requirements of version 4.2 of the Energy Star 
                program for residential light fixtures.
                    ``(C) Be an LED light fixture or a light fixture 
                with an LED light engine and comply with the following 
                minimum requirements:
                            ``(i) Minimum light output: 200 lumens 
                        (initial).
                            ``(ii) Minimum LED light engine efficacy: 
                        40 lumens/watt installed in fixtures that meet 
                        the minimum light fixture efficacy of 29 
                        lumens/watt or, alternatively, a minimum LED 
                        light engine efficacy of 60 lumens/watt for 
                        fixtures that do not meet the minimum light 
                        fixture efficacy of 29 lumens/watt.
                            ``(iii) All portable fixtures shall have a 
                        minimum LED light fixture efficacy of 29 
                        lumens/watt and a minimum LED light engine 
                        efficacy of 60 lumens/watt by January 1, 2016.
                            ``(iv) Color Correlated Temperature (CCT): 
                        2700K through 4000K.
                            ``(v) Minimum Color Rendering Index (CRI): 
                        75.
                            ``(vi) Power factor equal to or greater 
                        than 0.70.
                            ``(vii) Portable luminaries that have 
                        internal power supplies shall have zero standby 
                        power when the luminaire is turned off.
                            ``(viii) LED light sources shall deliver at 
                        least 70 percent of initial lumens for at least 
                        25,000 hours.
                    ``(D)(i) Be equipped with an ANSI-designated E12, 
                E17, or E26 screw-based socket and be prepackaged and 
                sold together with 1 screw-based compact fluorescent 
                lamp or screw-based LED lamp for each screw-based 
                socket on the portable light fixture.
                    ``(ii) The compact fluorescent or LED lamps 
                prepackaged with the light fixture shall be fully 
                compatible with any light fixture controls incorporated 
                into the light fixture (for example, light fixtures 
                with dimmers shall be packed with dimmable lamps).
                    ``(iii) Compact fluorescent lamps prepackaged with 
                light fixtures shall meet the requirements of the 
                Energy Star Program for CFLs Version 4.0.
                    ``(iv) Screw-based LED lamps shall comply with the 
                minimum requirements described in subparagraph (C).
                    ``(E) Be equipped with 1 or more single-ended, non-
                screw based halogen lamp sockets (line or low voltage), 
                a dimmer control or high-low control, and be rated for 
                a maximum of 100 watts.
            ``(2) Review.--
                    ``(A) Review.--The Secretary shall review the 
                criteria and standards established under paragraph (1) 
                to determine if revised standards are technologically 
                feasible and economically justified.
                    ``(B) Components.--The review shall include 
                consideration of--
                            ``(i) whether a separate compliance 
                        procedure is still needed for halogen fixtures 
                        described in subparagraph (E) and, if 
                        necessary, what an appropriate standard for 
                        halogen fixtures shall be;
                            ``(ii) which of the specific technical 
                        criteria described in subparagraphs (A), (C), 
                        and (D)(iii) should be modified; and
                            ``(iii) which fixtures should be exempted 
                        from the light fixture efficacy standard as of 
                        January 1, 2016, because the fixtures are 
                        primarily decorative in nature (as defined by 
                        the Secretary) and, even if exempted, are 
                        likely to be sold in limited quantities.
                    ``(C) Timing.--
                            ``(i) Determination.--Not later than 
                        January 1, 2014, the Secretary shall publish 
                        amended standards, or a determination that no 
                        amended standards are justified, under this 
                        subsection.
                            ``(ii) Standards.--Any standards under this 
                        subsection take effect on January 1, 2016.
            ``(3) Art work light fixtures.--Art work light fixtures 
        manufactured on or after January 1, 2012, shall--
                    ``(A) comply with paragraph (1); or
                    ``(B)(i) contain only ANSI-designated E12 screw-
                based line-voltage sockets;
                    ``(ii) have not more than 3 sockets;
                    ``(iii) be controlled with an integral high/low 
                switch;
                    ``(iv) be rated for not more than 25 watts if 
                fitted with 1 socket; and
                    ``(v) be rated for not more than 15 watts per 
                socket if fitted with 2 or 3 sockets.
            ``(4) Exception from preemption.--Notwithstanding section 
        327, Federal preemption shall not apply to a regulation 
        concerning portable light fixtures adopted by the California 
        Energy Commission on or before January 1, 2014.''.

SEC. 225. GU-24 BASE LAMPS.

    (a) Definitions.--Section 321 of the Energy Policy and Conservation 
Act (42 U.S.C. 6291) (as amended by section 224(a)) is amended by 
adding at the end the following:
            ``(72) GU-24.--The term `GU-24''' means the designation of 
        a lamp socket, based on a coding system by the International 
        Electrotechnical Commission, under which--
                    ``(A) `G' indicates a holder and socket type with 2 
                or more projecting contacts, such as pins or posts;
                    ``(B) `U' distinguishes between lamp and holder 
                designs of similar type that are not interchangeable 
                due to electrical or mechanical requirements; and
                    ``(C) 24 indicates the distance in millimeters 
                between the electrical contact posts.
            ``(73) GU-24 adaptor.--
                    ``(A) In general.--The term `GU-24 Adaptor' means a 
                1-piece device, pig-tail, wiring harness, or other such 
                socket or base attachment that--
                            ``(i) connects to a GU-24 socket on 1 end 
                        and provides a different type of socket or 
                        connection on the other end; and
                            ``(ii) does not alter the voltage.
                    ``(B) Exclusion.--The term `GU-24 Adaptor' does not 
                include a fluorescent ballast with a GU-24 base.
            ``(74) GU-24 base lamp.--`GU-24 base lamp' means a light 
        bulb designed to fit in a GU-24 socket.''.
    (b) Standards.--Section 325 of the Energy Policy and Conservation 
Act (42 U.S.C. 6295) (as amended by section 224(d)) is amended by 
inserting after subsection (ii) the following:
    ``(jj) GU-24 Base Lamps.--
            ``(1) In general.--A GU-24 base lamp shall not be an 
        incandescent lamp as defined by ANSI.
            ``(2) GU-24 adaptors.--GU-24 adaptors shall not adapt a GU-
        24 socket to any other line voltage socket.''.

SEC. 226. STANDARDS FOR CERTAIN INCANDESCENT REFLECTOR LAMPS AND 
              REFLECTOR LAMPS.

    Section 325(i) of the Energy Policy and Conservation Act (42 U.S.C. 
6295(i)) is amended by adding at the end the following:
            ``(9) Certain incandescent reflector lamps.--
                    ``(A) In general.--Not later than July 1, 2011, the 
                Secretary shall publish a final rule establishing 
                standards for incandescent reflector lamp types 
                described in paragraph (1)(C).
                    ``(B) Effective date.--The standards described in 
                subparagraph (A) shall take effect on July 1, 2013.
                    ``(C) Standards.--In conducting a rulemaking for 
                incandescent reflector lamps under this paragraph after 
                the date of enactment of this paragraph, the Secretary 
                shall consider the standards for all incandescent 
                reflector lamps, including lamp types described in 
                paragraph (1)(C).
            ``(10) Reflector lamps.--
                    ``(A) In general.--Not later than January 1, 2015, 
                the Secretary shall publish a final rule establishing 
                and amending standards for reflector lamps, including 
                incandescent reflector lamps.
                    ``(B) Administration.--In conducting the rulemaking 
                for reflector lamps under this paragraph, the Secretary 
                shall consider--
                            ``(i) incandescent and nonincandescent 
                        technologies; and
                            ``(ii) a new metric, other than lumens per 
                        watt, that is based on the photometric 
                        distribution of those lamps.
                    ``(C) Effective date.--The standards described in 
                subparagraph (A) shall take effect not earlier than the 
                date that is 3 years after the date of publication of 
                the final rule, as determined by the Secretary.''.

SEC. 227. STANDARDS FOR COMMERCIAL FURNACES.

    Section 342(a) of the Energy Policy and Conservation Act (42 U.S.C. 
6313(a)) is amended by adding at the end the following:
            ``(11) Warm air furnaces with an input rating of 225,000 
        Btu per hour or more and manufactured after January 1, 2011, 
        shall meet the following standard levels:
                    ``(A) Gas-fired units shall--
                            ``(i) have a minimum combustion efficiency 
                        of 80 percent;
                            ``(ii) include an interrupted or 
                        intermittent ignition device;
                            ``(iii) have jacket losses not exceeding 
                        0.75 percent of the input rating; and
                            ``(iv) have power venting or a flue damper.
                    ``(B) Oil-fired units shall have--
                            ``(i) a minimum thermal efficiency of 81 
                        percent;
                            ``(ii) jacket losses not exceeding 0.75 
                        percent of the input rating; and
                            ``(iii) power venting or a flue damper.''.

SEC. 228. MOTOR EFFICIENCY REBATE PROGRAM.

    (a) In General.--Part C of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6311 et seq.) is amended by adding at the 
end the following:

``SEC. 347. MOTOR EFFICIENCY REBATE PROGRAM.

    ``(a) Establishment.--By not later than January 1, 2010, in 
accordance with subsection (b), the Secretary shall establish a program 
to provide rebates for expenditures made by entities--
            ``(1) for the purchase and installation of a new electric 
        motor that has a nominal full load efficiency that is not less 
        than the nominal full load efficiency as defined in--
                    ``(A) table 12-12 of NEMA Standards Publication MG 
                1-2006 for random wound motors rated 600 volts or 
                lower; or
                    ``(B) table 12-13 of NEMA Standards Publication MG 
                1-2006 for form wound motors rated 5000 volts or lower; 
                and
            ``(2) to replace an installed motor of the entity the 
        specifications of which are established by the Secretary by a 
        date that is not later than 90 days after the date of enactment 
        of this section.
    ``(b) Requirements.--
            ``(1) Application.--To be eligible to receive a rebate 
        under this section, an entity shall submit to the Secretary an 
        application in such form, at such time, and containing such 
        information as the Secretary may require, including--
                    ``(A) demonstrated evidence that the entity 
                purchased an electric motor described in subsection 
                (a)(1) to replace an installed motor described in 
                subsection (a)(2);
                    ``(B) demonstrated evidence that the entity--
                            ``(i) removed the installed motor of the 
                        entity from service; and
                            ``(ii) properly disposed the installed 
                        motor of the entity; and
                    ``(C) the physical nameplate of the installed motor 
                of the entity.
            ``(2) Authorized amount of rebate.--The Secretary may 
        provide to an entity that meets each requirement under 
        paragraph (1) a rebate the amount of which shall be equal to 
        the product obtained by multiplying--
                    ``(A) the nameplate horsepower of the electric 
                motor purchased by the entity in accordance with 
                subsection (a)(1); and
                    ``(B) $25.00.
            ``(3) Payments to distributors of qualifying electric 
        motors.--To assist in the payment for expenses relating to 
        processing and motor core disposal costs, the Secretary shall 
        provide to the distributor of an electric motor described in 
        subsection (a)(1), the purchaser of which received a rebate 
        under this section, an amount equal to the product obtained by 
        multiplying--
                    ``(A) the nameplate horsepower of the electric 
                motor; and
                    ``(B) $5.00.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, to remain available until 
expended--
            ``(1) $80,000,000 for fiscal year 2010;
            ``(2) $75,000,000 for fiscal year 2011;
            ``(3) $70,000,000 for fiscal year 2012;
            ``(4) $65,000,000 for fiscal year 2013; and
            ``(5) $60,000,000 for fiscal year 2014.''.
    (b) Table of Contents.--The table of contents of the Energy Policy 
and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the 
end of the items relating to part C of title III the following:

``Sec. 347. Motor efficiency rebate program.''.

SEC. 229. STUDY OF COMPLIANCE WITH ENERGY STANDARDS FOR APPLIANCES.

    (a) In General.--The Secretary shall conduct a study of the degree 
of compliance with energy standards for appliances, including an 
investigation of compliance rates and options for improving compliance, 
including enforcement.
    (b) Report.--Not later than 18 months after the date of enactment 
of this Act, the Secretary shall submit to the appropriate committees 
of Congress a report describing the results of the study, including any 
recommendations.

SEC. 230. STUDY OF DIRECT CURRENT ELECTRICITY SUPPLY IN CERTAIN 
              BUILDINGS.

    (a) In General.--The Secretary shall conduct a study--
            (1) of the costs and benefits (including significant energy 
        efficiency, power quality, and other power grid, safety, and 
        environmental benefits) of requiring high-quality, direct 
        current electricity supply in certain buildings; and
            (2) to determine, if the requirement described in paragraph 
        (1) is imposed, what the policy and role of the Federal 
        Government should be in realizing those benefits.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to the appropriate committees of 
Congress a report describing the results of the study, including any 
recommendations.

SEC. 231. MOTOR MARKET ASSESSMENT AND COMMERCIAL AWARENESS PROGRAM.

    (a) Findings.--Congress finds that--
            (1) electric motor systems account for about half of the 
        electricity used in the United States;
            (2) electric motor energy use is determined by both the 
        efficiency of the motor and the system in which the motor 
        operates;
            (3) Federal Government research on motor end use and 
        efficiency opportunities is more than a decade old; and
            (4) the Census Bureau has discontinued collection of data 
        on motor and generator importation, manufacture, shipment, and 
        sales.
    (b) Definitions.--In this section:
            (1) Department.--The term ``Department'' means the 
        Department of Energy.
            (2) Interested parties.--The term ``interested parties'' 
        includes--
                    (A) trade associations;
                    (B) motor manufacturers;
                    (C) motor end users;
                    (D) electric utilities; and
                    (E) individuals and entities that conduct energy 
                efficiency programs.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy, in consultation with interested parties.
    (c) Assessment.--The Secretary shall conduct an assessment of 
electric motors and the electric motor market in the United States that 
shall--
            (1) include important subsectors of the industrial and 
        commercial electric motor market (as determined by the 
        Secretary), including--
                    (A) the stock of motors and motor-driven equipment;
                    (B) efficiency categories of the motor population; 
                and
                    (C) motor systems that use drives, servos, and 
                other control technologies;
            (2) characterize and estimate the opportunities for 
        improvement in the energy efficiency of motor systems by market 
        segment, including opportunities for--
                    (A) expanded use of drives, servos, and other 
                control technologies;
                    (B) expanded use of process control, pumps, 
                compressors, fans or blowers, and material handling 
                components; and
                    (C) substitution of existing motor designs with 
                existing and future advanced motor designs, including 
                electronically commutated permanent magnet, interior 
                permanent magnet, and switched reluctance motors; and
            (3) develop an updated profile of motor system purchase and 
        maintenance practices, including surveying the number of 
        companies that have motor purchase and repair specifications, 
        by company size, number of employees, and sales.
    (d) Recommendations; Update.--Based on the assessment conducted 
under subsection (c), the Secretary shall--
            (1) develop--
                    (A) recommendations to update the detailed motor 
                profile on a periodic basis;
                    (B) methods to estimate the energy savings and 
                market penetration that is attributable to the Save 
                Energy Now Program of the Department; and
                    (C) recommendations for the Director of the Census 
                Bureau on market surveys that should be undertaken in 
                support of the motor system activities of the 
                Department; and
            (2) prepare an update to the Motor Master+ program of the 
        Department.
    (e) Program.--Based on the assessment, recommendations, and update 
required under subsections (c) and (d), the Secretary shall establish a 
proactive, national program targeted at motor end-users and delivered 
in cooperation with interested parties to increase awareness of--
            (1) the energy and cost-saving opportunities in commercial 
        and industrial facilities using higher efficiency electric 
        motors;
            (2) improvements in motor system procurement and management 
        procedures in the selection of higher efficiency electric 
        motors and motor-system components, including drives, controls, 
        and driven equipment; and
            (3) criteria for making decisions for new, replacement, or 
        repair motor and motor system components.

SEC. 232. STUDY REGARDING ENERGY SUPERSTAR CONCEPT.

    Section 324A of the Energy Policy and Conservation Act (42 U.S.C. 
6294a) is amended by inserting after subsection (d) the following:
    ``(e) Study Regarding Energy Superstar Concept.--
            ``(1) Study.--
                    ``(A) In general.--As soon as practicable after the 
                date of enactment of this subsection, in accordance 
                with subparagraph (B), the Secretary and the 
                Administrator of the Environmental Protection Agency 
                (referred to in this subsection as the `heads of the 
                Federal agencies concerned') shall carry out jointly a 
                study to determine the feasibility and advisability of 
                adding to the Energy Star program of the Environmental 
                Protection Agency and the Department of Energy a 
                component to be known as the `Energy Superstar tier' 
                under which--
                            ``(i) the tier would recognize the top-
                        performing products and buildings (which would 
                        include the top approximately 5 percent of the 
                        market) that are determined to be products that 
                        are cost-effective to consumers; and
                            ``(ii) at least a portion of the Energy 
                        Star product categories would be included under 
                        the tier.
                    ``(B) Requirements.--In carrying out the study 
                under subparagraph (A), the heads of the Federal 
                agencies concerned shall--
                            ``(i) examine the costs and benefits, and 
                        advantages and disadvantages, of establishing 
                        the Energy Superstar tier;
                            ``(ii) survey a sample of program 
                        participants (including builders, 
                        manufacturers, energy efficiency program 
                        operators, and other interested parties) to 
                        determine the opinions of the program 
                        participants regarding the potential usefulness 
                        of the Energy Superstar tier; and
                            ``(iii) conduct an examination to determine 
                        whether the Energy Superstar tier will cause an 
                        undesirable dilution of the Energy Star brand.
            ``(2) Report.--Not later than 1 year after the date of 
        enactment of this subsection, the heads of the Federal agencies 
        concerned shall jointly submit to the appropriate committees of 
        Congress a report that contains each recommendation of the 
        heads of the Federal agencies concerned regarding--
                    ``(A) whether the Energy Superstar tier should be 
                established; and
                    ``(B) if the heads of the Federal agencies 
                concerned recommend the establishment of the Energy 
                Superstar tier under subparagraph (A), a proposed 
                schedule and budget for the establishment and 
                implementation of the Energy Superstar tier.''.

SEC. 233. TECHNICAL AMENDMENT.

    Section 343(a) of the Energy Policy and Conservation Act (42 U.S.C. 
6314(a)) is amended by striking ``Air-Conditioning and Refrigeration 
Institute'' each place it appears in paragraphs (4)(A) and (7) and 
inserting ``Air-Conditioning, Heating, and Refrigeration Institute''.

                    Subtitle C--Building Efficiency

                         PART I--BUILDING CODES

SEC. 241. GREATER ENERGY EFFICIENCY IN BUILDING CODES.

    (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 STATE BUILDING ENERGY EFFICIENCY CODES.

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

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means a 
        State or local government agency or nonprofit organization that 
        implements energy efficiency programs to increase energy 
        efficiency in multifamily buildings or manufactured housing.
            (2) Energy efficiency program.--The term ``energy 
        efficiency program'' means a program designed to increase 
        energy efficiency in multifamily buildings and manufactured 
        housing through financial incentives, building renovation and 
        construction, appliance retrofits, or other means, as 
        determined by an eligible entity.
            (3) Energy star program.--The term ``Energy Star program'' 
        means the program established by section 324A of the Energy 
        Policy and Conservation Act (42 U.S.C. 6294a).
            (4) Manufactured housing.--The term ``manufactured 
        housing'' means a manufactured home (as defined in section 603 
        of the National Manufactured Housing Construction and Safety 
        Standards Act of 1974 (42 U.S.C. 5402)).
            (5) Multifamily building.--The term ``multifamily 
        building'' means a structure with 5 or more dwelling units.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (b) Establishment.--The Secretary shall establish a program, to be 
known as the ``Multifamily and Manufactured Housing Energy Efficiency 
Grant Program'', under which the Secretary shall provide grants to 
eligible entities to carry out energy efficiency programs in accordance 
with this section.
    (c) Purpose.--The purpose of the program established under this 
section is to provide financial assistance to eligible entities to 
carry out energy efficiency programs to increase energy efficiency in 
multifamily buildings and manufactured housing in a manner that--
            (1) demonstrates an innovative approach to energy 
        efficiency;
            (2) maximizes the cost effectiveness of Federal and non-
        Federal expenditures;
            (3) maximizes energy efficiency potential for recipients;
            (4) prioritizes recipients with the greatest financial 
        need;
            (5) prioritizes efficiency programs with high levels of 
        matching funds;
            (6) maintains geographical diversity in allocating grants; 
        and
            (7) is replicable.
    (d) Grants.--The Secretary shall make grants to eligible entities 
to implement energy efficiency program under this section through--
            (1) in the case of multifamily buildings--
                    (A) renovation of multifamily buildings; and
                    (B) encouragement and recommendations for 
                replacement of appliances, equipment, and systems with 
                low energy efficiency with appliances, equipment, and 
                systems that meet criteria established under the Energy 
                Star program;
            (2) in the case of manufactured housing, rebates to owners 
        of manufactured housing constructed before calendar year 1976 
        to assist the owners in replacing the manufactured housing with 
        manufactured housing that meets criteria established under the 
        Energy Star program; and
            (3) other innovative approaches, as determined by the 
        eligible entities and approved by the Secretary.
    (e) Administration.--An eligible entity that receives a grant under 
this section shall--
            (1) maintain such records and evidence of compliance as the 
        Secretary may require;
            (2) develop and distribute information and materials and 
        conduct programs to provide technical services and assistance 
        to encourage planning, financing, and design of energy-
        efficient multifamily buildings or manufactured housing; and
            (3) report publicly the results of a project conducted 
        under this section to enable other eligible entities to learn 
        from each project.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 243. BUILDING TRAINING AND ASSESSMENT CENTERS.

    (a) In General.--The Secretary of Energy shall provide grants to 
institutions of higher education (as defined in section 101 of the 
Higher Education Act of 1965 (20 U.S.C. 1001)) to establish building 
training and assessment centers--
            (1) to identify opportunities for optimizing energy 
        efficiency and environmental performance in buildings;
            (2) to promote the application of emerging concepts and 
        technologies in commercial and institutional buildings;
            (3) to train engineers, architects, building scientists, 
        building energy permitting and enforcement officials, and 
        building technicians in energy-efficient design and operation;
            (4) to assist institutions of higher education in training 
        building technicians;
            (5) to promote research and development for the use of 
        alternative energy sources to supply heat and power for 
        buildings, particularly energy-intensive buildings; and
            (6) to coordinate with and assist State-accredited 
        technical training centers, community colleges, and local 
        offices of the National Institute of Food and Agriculture and 
        ensure appropriate services are provided under this section to 
        each region of the United States.
    (b) Coordination and Nonduplication.--
            (1) In general.--The Secretary shall coordinate the program 
        with the Industrial Assessment Centers program established 
        under this Act and with other Federal programs to avoid 
        duplication of effort.
            (2) Collocation.--To the maximum extent practicable, 
        building, training, and assessment centers established under 
        this section shall be collocated with Industrial Assessment 
        Centers.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

       PART II--WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS

SEC. 251. WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS.

    Section 422 of the Energy Conservation and Production Act (42 
U.S.C. 6872) is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the double periods at the 
        end and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) $1,700,000,000 for each of fiscal years 2011 through 
        2015.''.

                     PART III--STATE ENERGY PROGRAM

SEC. 255. STATE ENERGY PROGRAM.

    Section 365 of the Energy Policy and Conservation Act (42 U.S.C. 
6325) is amended by striking subsection (f) and inserting the 
following:
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this part $250,000,000 for 
each of fiscal years 2011 through 2015, to remain available until 
expended.''.

            PART IV--STATE ENERGY EFFICIENCY GRANTS PROGRAM

SEC. 261. DEFINITIONS.

    In this part:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency, acting in 
        consultation with the Secretary.
            (2) ANSI.--The term ``ANSI'' means the American National 
        Standards Institute.
            (3) ASHRAE.--The term ``ASHRAE'' means the American Society 
        of Heating, Refrigerating and Air Conditioning Engineers.
            (4) Building energy code policy.--The term ``building 
        energy code policy'' means a policy that provides--
                    (A) a building energy code for residential 
                buildings throughout a State that meets or exceeds the 
                2009 International Energy Conservation Code;
                    (B) a building energy code for commercial buildings 
                throughout the State that meets or exceeds the ANSI/
                ASHRAE/IES Standard 90.1 (2007); and
                    (C) a plan for the jurisdiction achieving 
                compliance with subparagraphs (A) and (B) not later 
                than 8 years after the date of enactment of this Act in 
                at least 90 percent of new and renovated residential 
                and commercial building space, including compliance 
                through--
                            (i) active training and enforcement 
                        programs; and
                            (ii) measurement of the rate of compliance 
                        each year.
            (5) Commercial building.--The term ``commercial building'' 
        means a building that is--
                    (A) covered by ASHRAE/IES Standard 90.1 (2007);
                    (B) located in the United States; and
                    (C) constructed before the date of enactment of 
                this Act.
            (6) Electric utility.--The term ``electric utility'' means 
        any individual, entity, or State agency that distributes 
        electricity directly to retail consumers pursuant to a legal, 
        regulatory, or contractual obligation.
            (7) Energy efficiency measure.--The term ``energy 
        efficiency measure'' means an installed measure (including 
        products, equipment, systems, services, and practices) that 
        result in reductions in end-use demand for externally supplied 
        energy, or fuel, by a consumer, facility, or user.
            (8) Home.--The term ``home'' means a principal residential 
        dwelling unit that is--
                    (A) located in the United States; and
                    (B) constructed before the date of enactment of 
                this Act.
            (9) IESNA.--The term ``IESNA'' means the Illuminating 
        Engineering Society of North America.
            (10) Natural gas utility.--The term ``natural gas utility'' 
        means any individual, entity, or State agency engaged in the 
        local distribution of natural gas to any ultimate consumer of 
        natural gas.
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy, acting in consultation with the Administrator.
            (12) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa; and
                    (F) the United States Virgin Islands.

SEC. 262. STATE ENERGY EFFICIENCY RETROFIT PROGRAMS.

    (a) In General.--The Secretary shall make grants to States to carry 
out energy efficiency retrofit programs in accordance with this 
section.
    (b) Grant Awards.--The Secretary shall apply performance-based 
criteria in awarding grants to States under this section, which shall 
give priority for funding of energy efficiency retrofit programs based 
on--
            (1) the cost-effectiveness of the energy efficiency 
        programs;
            (2) the number and quality of jobs created;
            (3) the quantity of energy and water saved;
            (4) the development of an effective plan for evaluation, 
        measurement, and verification of energy savings;
            (5) the inclusion of measures--
                    (A) to reach underserved populations;
                    (B) to provide for independent evaluation and 
                adequate incentives for successful program management; 
                and
                    (C) to leverage private sector funds and use 
                innovative financing methods to implement more 
                comprehensive energy efficiency projects, including the 
                methods described in section 266;
            (6) the effective use of grant funds provided under the 
        American Recovery and Reinvestment Act of 2009 (Public Law 111-
        5); and
            (7) progress on the adoption and implementation of the 
        building energy code policies.
    (c) Implementation.--A State that receives a grant to carry out an 
energy efficiency program under this section may implement the program 
through the State or a third party designated by the State, including 
an energy service company, an electric utility, a natural gas utility, 
a third party administrator designated by the State, or a unit of local 
government.
    (d) Home Efficiency Retrofits Program.--
            (1) In general.--A State may use a grant provided under 
        this section to provide a grant to an owner of a home for an 
        energy efficiency retrofit of the home, on completion of the 
        retrofit, if the retrofit is carried out in accordance with--
                    (A) the prescriptive option described in paragraph 
                (2); or
                    (B) the performance-based option described in 
                paragraph (3).
            (2) Prescriptive option.--
                    (A) In general.--A grant provided for the energy 
                retrofit of a home under the prescriptive option 
                described in this paragraph shall be made for achieving 
                energy savings from measures--
                            (i) selected from a prescriptive list 
                        established under subparagraph (B); and
                            (ii) installed in the home.
                    (B) List.--Not later than 90 days after the date of 
                enactment of this Act, the Secretary shall establish a 
                list of combinations of energy savings measures that 
                can be implemented by the owner of a home to save at 
                least--
                            (i) 10 percent on whole home energy 
                        consumption; and
                            (ii) 20 percent on whole home energy 
                        consumption.
                    (C) Amount of grant.--Subject to subparagraph 
                (E)(ii), the amount of a grant provided to the owner of 
                a home under this paragraph shall be--
                            (i) $1,000 for energy savings of 10 percent 
                        described in subparagraph (B)(i); and
                            (ii) $2,000 for energy savings of not less 
                        than 20 percent, but not more than 50 percent, 
                        described in subparagraph (B)(ii).
                    (D) Verification.--To be eligible for a grant for 
                the energy retrofit of a home in a State under this 
                paragraph, the owner of a home shall submit to the 
                State a certification by the contractor or installer 
                that carried out the retrofit that the measures 
                undertaken for the retrofit--
                            (i) are described on the list established 
                        under subparagraph (B); and
                            (ii) were installed properly.
                    (E) Administration.--The Secretary may--
                            (i) discontinue the prescriptive option 
                        established under this paragraph at any time 
                        after the date that is 1 year after the date of 
                        enactment of this Act; and
                            (ii) adjust the amount of grants provided 
                        under this paragraph.
            (3) Performance-based option.--
                    (A) In general.--A grant provided for the energy 
                retrofit of a home under the performance-based option 
                described in this paragraph shall be made for retrofits 
                that achieve whole home energy savings.
                    (B) Amount of grant.--Subject to subparagraph (E), 
                the amount of a grant provided to the owner of a home 
                under this paragraph shall be--
                            (i) $3,000 for a 20-percent reduction in 
                        whole home energy consumption; and
                            (ii) an additional $150 for each additional 
                        1-percent reduction up to the lower of--
                                    (I) $12,000; or
                                    (II) 50 percent of the total 
                                retrofit cost.
                    (C) Energy savings.--
                            (i) In general.--Energy savings under this 
                        paragraph shall be determined by a comparison 
                        of the energy consumption of the home before 
                        the retrofit to the consumption of the home 
                        after the retrofit.
                            (ii) Documentation.--The percent 
                        improvement in energy consumption under this 
                        paragraph shall be documented through--
                                    (I) the use of whole home 
                                simulation software programs approved 
                                by the Administrator; or
                                    (II) a comparison of the difference 
                                before and after the retrofit as 
                                measured by home energy ratings on the 
                                Home Energy Rating System Index as 
                                specified in the Residential Energy 
                                Services Network Publication No. 06-001 
                                (or a successor publication).
                    (D) Verification.--
                            (i) In general.--Subject to clause (ii), 
                        the Administrator shall ensure that at least 15 
                        percent of the retrofits performed under this 
                        paragraph are randomly subject to a third party 
                        verification of all work associated with the 
                        retrofit.
                            (ii) Adjustment.--On or after the date that 
                        is 1 year after the date of enactment of this 
                        Act, the Administrator may adjust the 
                        percentage specified under clause (i) based on 
                        program experience.
                            (iii) Contractor certification.--Subject to 
                        clause (iv), the Administrator--
                                    (I) shall determine the level of 
                                contractor certification appropriate 
                                for retrofits performed under this 
                                paragraph; and
                                    (II) may adjust the level in 
                                response to program data.
                            (iv) Advanced contractor certifications.--
                        The Secretary may develop an additional 
                        incentive for advanced contractor 
                        certifications under clause (iii).
                    (E) Administration.--On or after the date that is 1 
                year after the date of enactment of this Act, the 
                Secretary may adjust the grant amounts provided under 
                this paragraph based on program data.
    (e) Commercial Buildings Efficiency Retrofits Program.--
            (1) In general.--A State may use a grant provided under 
        this section to provide incentives for energy efficiency 
        retrofits to the owner of 1 or more commercial buildings, 
        including submetered areas or individual tenant spaces within a 
        commercial building or an aggregation of commercial buildings.
            (2) Energy savings.--
                    (A) In general.--A State may provide incentives to 
                the owner of 1 or more commercial buildings for energy 
                efficiency retrofits under this subsection if the 
                retrofits improve energy performance by at least 20 
                percent compared to energy consumption during the 
                previous year of the 1 or more commercial buildings, 
                while adjusting for other relevant factors including 
                changes in occupancy loads and process energy.
                    (B) Benchmarking tool.--The energy savings shall be 
                determined by using an established energy benchmarking 
                tool designated by the Administrator.
            (3) Incentives.--
                    (A) In general.--The Secretary shall establish the 
                amount and form of the incentives provided under this 
                subsection in a manner that encourages implementation 
                of retrofits that achieve the largest and most durable 
                improvements in energy performance.
                    (B) Amount.--
                            (i) In general.--Subject to clause (ii), 
                        the amount of the incentives provided under 
                        this subsection shall be equal to--
                                    (I) $0.15 per square foot of 
                                retrofit floor area for 20 to 24 
                                percent savings;
                                    (II) $0.75 per square foot of 
                                retrofit floor area for 25 to 29 
                                percent savings;
                                    (III) $1.20 per square foot of 
                                retrofit floor area for 30 to 34 
                                percent savings;
                                    (IV) $1.60 per square foot of 
                                retrofit floor area for 35 to 39 
                                percent savings;
                                    (V) $2.05 per square foot of 
                                retrofit floor area for 40 to 44 
                                percent savings;
                                    (VI) $2.50 per square foot of 
                                retrofit floor area for 45 to 49 
                                percent savings; and
                                    (VII) $3.00 per square foot of 
                                retrofit floor area for 50 or more 
                                percent savings.
                            (ii) Modification.--The Secretary may 
                        modify the amount and form of incentives 
                        provided under this subsection based on data 
                        gathered during program implementation, 
                        including the development of incentives for 
                        particular building types.
                    (C) Timing.--
                            (i) Payment on completion.--On the 
                        completion of the energy retrofit of 1 or more 
                        commercial buildings and the verification of at 
                        least a 20-percent energy savings from the 
                        retrofit, the State shall provide to the owner 
                        or agent of the 1 or more commercial buildings 
                        60 percent of the qualified incentive amount 
                        for the retrofit determined under subparagraph 
                        (B).
                            (ii) Remaining payments.--During the 3-year 
                        period beginning on the date of the initial 
                        payment under clause (i), the State shall 
                        provide to the owner or agent of the commercial 
                        building the remaining 40 percent of the 
                        qualified incentive amount for the retrofit 
                        determined under subparagraph (B) for any 
                        energy savings of 20 percent or more, with the 
                        amount awarded proportionate to the level of 
                        sustained performance improvement.
                            (iii) Minimum improvements.--No incentives 
                        shall be provided under this subsection for 
                        sustained performance improvements of less than 
                        20 percent, as determined by annual audits.
                            (iv) Disclosure.--The Secretary may require 
                        such information as is necessary to determine 
                        energy performance under this subsection.
    (f) Historic Buildings.--Notwithstanding subsections (d) and (e), a 
building that is eligible for or listed in the National Register of 
Historic Places shall be eligible for incentives under this section in 
amounts of up to 120 percent of the applicable amounts described in 
subsections (d) and (e).
    (g) Report.--
            (1) In general.--Not later than 300 days after the date 
        that the Secretary initially provides funds to a State under 
        this section, the State shall submit to the Secretary a report 
        on the use of the funds.
            (2) Contents.--The report shall include a description of--
                    (A) the measured and verified energy savings 
                produced under this section;
                    (B) the projected energy savings under this section 
                during the subsequent 1-year period;
                    (C) the specific entities implementing the energy 
                efficiency programs;
                    (D) the beneficiaries who received the efficiency 
                improvements;
                    (E) the manner in which funds provided under this 
                section were used;
                    (F) the sources (such as mortgage lenders, utility 
                companies, and local governments) and types of 
                financing used by the beneficiaries to finance the 
                retrofit expenses that were not covered by grants 
                provided in this part;
                    (G) the direct and indirect employment created as a 
                result of the programs supported by the funds;
                    (H) the results of verification requirements; and
                    (I) any other information the Secretary considers 
                appropriate.
            (3) Noncompliance.--If the Secretary determines that a 
        State has not provided the information required under this 
        subsection, the Secretary shall provide to the State a period 
        of at least 90 days to provide any necessary information.

SEC. 263. ADMINISTRATIVE AND TECHNICAL SUPPORT.

    Subject to section 265(b)(2), not later than 90 days after the date 
of enactment of this Act, the Secretary may provide such administrative 
and technical support to States as is necessary to carry out this part.

SEC. 264. REGULATIONS.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary shall promulgate such regulations as are necessary to 
carry out this part.

SEC. 265. FUNDING.

    (a) In General.--There are authorized to be appropriated such sums 
as are necessary to carry out this part for each of fiscal years 2010 
through 2015.
    (b) Use.--Funds provided for a fiscal year under subsection (a) 
shall be allocated as follows:
            (1) In the case of State energy efficiency grants programs 
        under section 262:
                    (A) 45 percent for the home efficiency retrofits 
                program under section 262(d).
                    (B) 45 percent for the commercial buildings 
                efficiency retrofits program under section 262(e).
                    (C) 10 percent to provide administrative and 
                technical support to the States to carry out this part.
    (c) Limitation on the Use of Funds.--A State shall use not more 
than--
            (1) 10 percent of the funds provided for a fiscal year 
        under this part for administration of programs under this part; 
        and
            (2) 5 percent of the funds provided for a fiscal year under 
        part for measurement and verification.

SEC. 266. HOME ENERGY RETROFIT FINANCE PROGRAM.

    (a) Definitions.--In this section:
            (1) Eligible participant.--The term ``eligible 
        participant'' means a homeowner, apartment complex owner, 
        residential cooperative association, or condominium association 
        that finances energy efficiency improvements to homes and 
        residential buildings under this section.
            (2) Program.--The term ``program'' means the Home Energy 
        Retrofit Finance Program established under subsection (b).
            (3) Qualified program delivery entity.--The term 
        ``qualified program delivery entity'' means a local government, 
        energy utility, or any other entity designated by the Secretary 
        that administers the program for a State under this section.
    (b) Establishment.--The Secretary shall provide Home Energy 
Retrofit Finance Program grants to States for the purpose of 
establishing or expanding a State revolving finance fund to support 
financing offered by qualified program delivery entities for energy 
efficiency measures and renewable energy improvements to existing homes 
and residential buildings (including apartment complexes, residential 
cooperative associations, and condominium buildings under 5 stories).
    (c) Funding Mechanism.--In carrying out the program, the Secretary 
shall provide funds to States, for use by qualified program delivery 
entities that administer finance programs directly or under agreements 
with collaborating third party entities, to capitalize revolving 
finance funds and increase participation in associated financing 
programs.
    (d) Eligibility of Qualified Program Delivery Entities.--To be 
eligible to participate in the program, a qualified program delivery 
entity shall establish a method by which eligible participants may pay 
over time for the financed cost of allowable energy efficiency measures 
and renewable energy improvements.
    (e) Allocation.--In making funds available to States for each 
fiscal year under this section, the Secretary shall use the allocation 
formula used to allocate funds to States to carry out State energy 
conservation plans under part D of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6321 et seq.).
    (f) Use of Funds.--Of the amounts in a State revolving finance 
fund--
            (1) not more than 20 percent may be used by qualified 
        program delivery entities for interest rate reductions for 
        eligible participants; and
            (2) the remainder shall be available to provide direct 
        funding or other financial support to qualified program 
        delivery entities.
    (g) State Revolving Finance Funds.--On repayment of any funds made 
available by qualified program delivery entities under the program, the 
funds shall be deposited in the applicable State revolving finance fund 
to support additional financing to qualified program delivery entities 
for energy efficiency measures and renewable energy improvements.
    (h) Coordination With State Energy Efficiency Retrofit Programs.--
Home energy retrofit programs that receive financing through the 
program shall be carried out in accordance with all authorized 
measures, performance criteria, and other requirements of section 
262(d).
    (i) Program Evaluation.--
            (1) In general.--The Secretary shall conduct a program 
        evaluation to determine--
                    (A) how the program is being used by eligible 
                participants, including what improvements have been 
                most typical and what regional distinctions exist, if 
                any;
                    (B) what improvements could be made to increase the 
                effectiveness of the program; and
                    (C) the quantity of verifiable energy savings and 
                renewable energy deployment achieved through the 
                program.
            (2) Reports.--
                    (A) In general.--Not later than 3 years after the 
                date of enactment of this Act, the Secretary shall 
                submit to the Committee on Energy and Natural Resources 
                of the Senate and the Committee on Energy and Commerce 
                of the House of Representatives a report that describes 
                the results of the program evaluation required under 
                this subsection, including any recommendations.
                    (B) State reports.--Not less than once every 2 
                years, States participating in the program shall submit 
                to the Secretary reports on the use of funds through 
                the program that include any information that the 
                Secretary may require.
    (j) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        such sums as are necessary to carry out this section for each 
        of fiscal years 2010 through 2015.
            (2) Administrative expenses.--An amount not exceeding 5 
        percent of the amounts made available under paragraph (1) shall 
        be available for each fiscal year to pay the administrative 
        expenses necessary to carry out this section.

               PART V--FEDERAL EFFICIENCY AND RENEWABLES

SEC. 271. FEDERAL PURCHASE REQUIREMENT.

    Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852) (as 
amended by section 133) is amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``electric'';
            (2) by redesignating subsection (d) as subsection (f) and 
        moving that subsection to appear after subsection (e);
            (3) by inserting after subsection (c) the following:
    ``(d) Separate Calculation.--Renewable energy produced at a Federal 
facility, on Federal land, or on Indian land (as defined in section 
2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501))--
            ``(1) shall be calculated separately from renewable energy 
        used; and
            ``(2) may be used individually or in combination to comply 
        with subsection (a).''; and
            (4) by adding at the end the following:
    ``(g) Contract Period.--
            ``(1) In general.--Notwithstanding section 501(b)(1)(B) of 
        title 40, United States Code, a contract entered into by a 
        Federal agency to acquire renewable energy may be made for a 
        period of not more than 30 years.
            ``(2) Technical assistance.--The Secretary shall provide 
        technical assistance to Federal agencies to enter into 
        contracts under this subsection.
            ``(3) Standardized renewable energy purchase agreement.--
        Not later than 90 days after the date of enactment of this 
        subsection, the Secretary, acting through the Federal Energy 
        Management Program, shall publish a standardized renewable 
        energy purchase agreement setting forth commercial terms and 
        conditions that can be used by Federal agencies to acquire 
        renewable energy.''.

SEC. 272. COMPETITION REQUIREMENTS FOR TASK OR DELIVERY ORDERS UNDER 
              ENERGY SAVINGS PERFORMANCE CONTRACTS.

    (a) In General.--Section 801(a) of the National Energy Conservation 
Policy Act (42 U.S.C. 8287(a)) is amended by adding at the end the 
following
            ``(3) Task or delivery orders.--
                    ``(A) In general.--The head of a Federal agency may 
                issue a task or delivery order under an energy savings 
                performance contract by--
                            ``(i)(I) notifying all contractors that 
                        have received an award under the contract that 
                        the agency proposes to consider using energy 
                        savings performance services for all or part of 
                        the facilities of the agency;
                            ``(II) soliciting an expression of interest 
                        in the performance of site surveys or 
                        investigations and feasibility designs and 
                        studies and the submission of qualifications 
                        from the contractors; and
                            ``(III) including in the notice summary 
                        information concerning energy use for any 
                        facilities that the agency has specific 
                        interest in including in the contract;
                            ``(ii) reviewing all expressions of 
                        interest and qualifications submitted pursuant 
                        to the notice provided under clause (i);
                            ``(iii) selecting 2 or more contractors 
                        (from among the contractors reviewed under 
                        clause (ii)) to analyze the respective 
                        qualifications of the contractors to implement 
                        potential energy conservation measures, 
                        including requesting references demonstrating 
                        experience on similar efforts and the resulting 
                        energy savings of the similar efforts;
                            ``(iv) selecting and authorizing--
                                    ``(I) more than 1 contractor (from 
                                among the contractors selected under 
                                clause (iii)) to conduct site surveys, 
                                investigations, feasibility designs and 
                                studies, or similar assessments for the 
                                energy savings performance contract 
                                services (or for discrete portions of 
                                the services), for the purpose of 
                                allowing each such contractor to submit 
                                a firm, fixed-price proposal to 
                                implement specific energy conservation 
                                measures; or
                                    ``(II) 1 contractor (from among the 
                                contractors selected under clause 
                                (iii)) to conduct a site survey, 
                                investigation, feasibility design and 
                                study, or similar assessment for the 
                                purpose of allowing the contractor to 
                                submit a firm, fixed-price proposal to 
                                implement specific energy conservation 
                                measures;
                            ``(v) negotiating a task or delivery order 
                        for energy savings performance contracting 
                        services with the 1 or more contractors 
                        selected under clause (iv) based on the energy 
                        conservation measures identified; and
                            ``(vi) issuing a task or delivery order for 
                        energy savings performance contracting services 
                        to the 1 or more contractors.
                    ``(B) Competition requirements.--The issuance of a 
                task or delivery order for energy savings performance 
                contracting services pursuant to subparagraph (A) shall 
                be consider to satisfy the task and delivery order 
                competition requirements of section 2304c(d) of title 
                10, United States Code, and section 303J(d) of the 
                Federal Property and Administrative Services Act of 
                1949 (41 U.S.C. 253j(d)).
                    ``(C) Guidance.--The Secretary may issue guidance 
                as necessary to Federal agencies issuing task or 
                delivery orders pursuant to subparagraph (A).''.
    (b) Nonapplicability.--The amendment made by subsection (a) does 
not apply to a task or delivery order issued before the date of 
enactment of this Act.

SEC. 273. FUNDING FLEXIBILITY.

    Section 801(a)(2) of the National Energy Conservation Policy Act 
(42 U.S.C. 8287(a)(2)) is amended by striking subparagraph (E) and 
inserting the following:
                    ``(E) Funding options.--Notwithstanding any other 
                provision of law, in carrying out a contract under this 
                title, a Federal agency may use any combination of--
                            ``(i) appropriated funds; and
                            ``(ii) private financing under energy 
                        savings performance contracts or other private 
                        financing of energy savings measures.''.

SEC. 274. DEFINITION OF ENERGY SAVINGS.

    Section 804(2)(B) of the National Energy Conservation Policy Act 
(42 U.S.C. 8287c(2)(B)) is amended by inserting ``and installation of 
renewable energy systems'' after ``cogeneration or heat recovery''.

SEC. 275. NATIONAL ENERGY EFFICIENCY IMPROVEMENT GOALS.

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

SEC. 276. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS AND LOANS FOR 
              INSTITUTIONS.

    Section 399A of the Energy Policy and Conservation Act (42 U.S.C. 
6371h-1) (as amended by section 201(2)) is amended--
            (1) in subsection (a)(5), by striking ```or a designee''' 
        and inserting ```a not-for-profit hospital, a not-for-profit 
        inpatient health care facility, or a designated agent''';
            (2) in subsection (c)(1), by striking subparagraph (C);
            (3) in subsection (f)(3)(A), by striking ``$1,000,000'' and 
        inserting ``$2,500,000''; and
            (4) in subsection (j)(1), by striking ```$250,000,000 for 
        each of fiscal years 2009 through 2013''' and inserting ```such 
        sums as are necessary for each of fiscal years 2010 through 
        2015''.

SEC. 277. FEDERAL IMPLEMENTATION STRATEGY FOR ENERGY-EFFICIENT 
              INFORMATION AND COMMUNICATIONS TECHNOLOGIES.

    Section 543 of the National Energy Conservation Policy Act (42 
U.S.C. 8253) is amended--
            (1) by redesignating the second subsection (f) (relating to 
        large capital energy investments) as subsection (g); and
            (2) by adding at the end the following:
    ``(h) Federal Implementation Strategy for Energy-efficient 
Information and Communications Technologies.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, each Federal agency shall 
        collaborate with the Director of the Office of Management and 
        Budget (referred to in this subsection as the `Director') to 
        create an implementation strategy (including best-practices and 
        measurement and verification techniques) for the maintenance, 
        purchase, and use of energy efficient and energy-reducing 
        information and communications technologies and practices.
            ``(2) Administration.--In developing an implementation 
        strategy, each Federal agency shall--
                    ``(A) consider information and communications 
                technologies and infrastructure, including--
                            ``(i) advanced metering infrastructure;
                            ``(ii) information and communications 
                        technology services and products;
                            ``(iii) efficient data center strategies;
                            ``(iv) computer power management;
                            ``(v) applications modernization and 
                        rationalization;
                            ``(vi) building systems energy efficiency; 
                        and
                            ``(vii) telework;
                    ``(B) ensure that the agency is eligible to realize 
                savings and rewards brought about through increased 
                efficiency; and
                    ``(C) to the maximum extent practicable, 
                incorporate existing standards, specifications, 
                performance metrics, and best management practices.
            ``(3) Performance goals.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of this subsection, the Director 
                shall establish performance goals for evaluating the 
                efforts of Federal agencies in improving the 
                maintenance, purchase, and use of energy efficiency of 
                information and communications technology systems.
                    ``(B) Administration.--The performance goals 
                shall--
                            ``(i) measure information technology costs 
                        over a specific time period of 3 to 5 years; 
                        and
                            ``(ii) provide, to the maximum extent 
                        practicable, a complete picture of all costs, 
                        including energy costs.
            ``(4) Reports.--
                    ``(A) Agency reports.--Each Federal agency subject 
                to the requirements of this subsection shall include in 
                the report of the agency under section 527 of the 
                Energy Independence and Security Act of 2007(42 U.S.C. 
                17143) a description of the efforts of the agency under 
                this subsection.
                    ``(B) OMB government efficiency report and score 
                cards.--Effective beginning not later than April 1, 
                2011, the Director shall include in the annual report 
                and scorecard of the Director under section 528 of the 
                Energy Independence and Security Act of 2007 (42 U.S.C. 
                17143) a description of the efforts of Federal agencies 
                under this subsection.''.

SEC. 278. INCENTIVES FOR FEDERAL AGENCIES TO PARTICIPATE IN ENERGY 
              EFFICIENCY PROGRAMS.

    Section 546(c) of the National Energy Conservation Policy Act (42 
U.S.C. 8256(c)) is amended--
            (1) in paragraph (1), by inserting ``(including Independent 
        System Operators, State agencies, and third party entities 
        implementing those programs on behalf of utilities or State 
        agencies)'' after ``electric utilities'';
            (2) in paragraph (2), by inserting ``State agency, and 
        third party entity implementing those programs on behalf of 
        utilities or State agencies,'' after ``such utility,'';
            (3) in paragraph (3), by inserting ``State agencies, and 
        third party entities implementing those programs on behalf of 
        utilities or State agencies,'' after ``gas utilities''; and
            (4) in the paragraph (4), by inserting ``or State agency'' 
        after ``a utility''.

     PART VI--ENERGY EFFICIENCY INFORMATION ON HOMES AND BUILDINGS

SEC. 281. BUILDING ENERGY PERFORMANCE INFORMATION PROGRAM.

    (a) Definitions.--In this section:
            (1) Achieved performance.--The term ``achieved 
        performance'' means the measured energy consumption of a 
        building determined using actual consumption data normalized 
        for appropriate variables.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (3) Building energy performance.--The term ``building 
        energy performance'' means primary energy consumption per 
        square foot of floor space, or other measure of energy 
        consumption per energy service, as determined by the Secretary 
        for a building type.
            (4) Building energy performance value.--The term ``building 
        energy performance value'' means a value used for comparing 
        building energy performance among buildings, as determined by 
        methods developed by the Administrator.
            (5) Building type.--The term ``building type'' means a type 
        of a building, as identified by the 1 or more principal 
        activities in the building, such as office buildings, 
        laboratories, libraries, data centers, retail spaces, hotels, 
        food sales, food service, warehouses, and educational 
        facilities.
            (6) Commercial buildings energy consumption survey.--The 
        term ``Commercial Buildings Energy Consumption Survey'' means 
        the Commercial Buildings Energy Consumption Survey authorized 
        by section 205(k) of the Department of Energy Organization Act 
        (42 U.S.C. 7135(k)).
            (7) Covered building type.--The term ``covered building 
        type'' means a building type for which statistically 
        significant energy performance data exist to serve as the basis 
        of measurement protocols and certifications for building energy 
        use.
            (8) Designed performance.--The term ``designed 
        performance'' means the estimated energy performance of a 
        building using a standardized set of operational conditions 
        obtained from building construction documents and other 
        available data.
            (9) Measurement protocol.--The term ``measurement 
        protocol'' means the methodology, prescribed by the 
        Administrator, for determining the achieved performance or 
        designed performance and the associated building energy 
        performance value for a building of a specific building type.
            (10) Residential energy consumption survey.--The term 
        ``Residential Energy Consumption Survey'' means the Residential 
        Energy Consumption Survey authorized by section 205(k) of the 
        Department of Energy Organization Act (42 U.S.C. 7135(k)).
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (b) Building Energy Performance Information Program.--The 
Administrator, in consultation with the Secretary, shall establish a 
voluntary energy performance information program with broad 
applicability to buildings nationwide--
            (1) to provide timely and accurate information on 
        comparative energy performance; and
            (2) to increase public awareness of the importance of 
        building energy efficiency and energy performance through 
        public education.
    (c) Building Type Determination for Assessment of Energy 
Performance.--
            (1) Report.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        report that describes--
                    (A) all principal building types for which 
                statistically significant energy performance data 
                exists to serve as the basis for building energy 
                performance information; and
                    (B) those building types for which additional data 
                are required.
            (2) Additional resources and reports.--
                    (A) In general.--For each principal building type 
                identified under paragraph (1)(B), the Secretary shall 
                include a description of--
                            (i) additional resources that will be 
                        required to fully develop the relevant 
                        databases; and
                            (ii) the anticipated timeline for 
                        completion of the data development.
                    (B) Additional reports.--The Secretary shall submit 
                to Congress additional reports on information required 
                under this subsection as often as is considered 
                necessary by the Secretary, but not less than once 
                every 2 years.
    (d) Improving Building Energy Consumption Databases.--
            (1) Commercial buildings energy consumption survey.--The 
        Secretary shall support improvements to the Commercial 
        Buildings Energy Consumption Survey or such other commercial 
        buildings energy performance databases as the Secretary 
        considers appropriate--
                    (A) to characterize the achieved performance of 
                existing commercial buildings for the building types 
                covered by the Commercial Buildings Energy Consumption 
                Survey (as of the date of enactment of this Act); and
                    (B) to cover additional building types, as 
                identified by the Secretary, to enable the development 
                of measurement protocols for those building types under 
                subsection (e) that cover at least 85 percent of all 
                major commercial building energy use not later than 5 
                years after the date of enactment of this Act.
            (2) Residential energy consumption survey.--While 
        conducting the Residential Energy Consumption Survey, the 
        Secretary may evaluate whether the data, or other data types 
        are appropriate, to enable the development of achieved 
        performance measurement formats for residential building energy 
        not later than 5 years after the date of enactment of this Act.
    (e) Energy Performance Measurement.--
            (1) Measurement.--Not later than 2 years after identifying 
        a covered building type, the Administrator shall, after 
        providing notice and soliciting public comment, establish --
                    (A) methods to measure achieved performance and 
                designed performance; and
                    (B) procedures for collecting and updating 
                information.
            (2) Information display.--After providing notice and 
        soliciting public comment, the Administrator may--
                    (A) establish 1 or more formats that--
                            (i) display achieved performance and 
                        designed performance;
                            (ii) are tailored to building types; or
                            (iii) display other desired information 
                        related to building energy performance; and
                    (B) provide for the display of both achieved 
                performance and designed performance for a building, 
                other than in a case in which data are not available, 
                practicable, or cost effective.
            (3) Existing programs.--In developing formats under this 
        subsection, the Administrator shall consider existing public 
        and private programs for building energy performance 
        information, including programs outside of the United States.
            (4) Certificates.--After providing for appropriate notice 
        and comment, the Administrator shall publish the final 
        specifications for the information, including on certificates 
        or other forms of information applicable to covered building 
        types.
            (5) Program review.--At least once every 5 years, the 
        Administrator shall review, and as necessary, modify the 
        building energy performance information program.
    (f) Public Outreach.--In consultation with the Administrator and in 
conjunction with other energy efficiency awareness efforts, the 
Secretary shall establish a business and consumer education program to 
increase awareness of the importance of building energy efficiency and 
the availability of building energy performance information, to 
facilitate widespread use of building energy performance information 
programs.
    (g) Demonstration Projects.--
            (1) In general.--The Administrator, in consultation with 
        the Secretary shall conduct demonstration projects for 
        different building types to evaluate the sufficiency of the 
        model certificate specifications, measurement, and other 
        alternatives proposed by State or local agencies, utilities, or 
        other implementing organizations.
            (2) Zero-net energy commercial buildings initiative.--The 
        Secretary shall coordinate demonstration projects under this 
        subsection with the Zero-Net Energy Commercial Buildings 
        Initiative established under section 422 of the Energy 
        Independence and Security Act of 2007 (42 U.S.C. 17082).
    (h) Voluntary State and Local Information Program.--
            (1) Coordination with states and local governments.--On the 
        request of a State or local government, the Secretary may--
                    (A) coordinate with the State energy office or 
                other State agencies, or with the appropriate local 
                government offices, on the development of a building 
                energy performance information program;
                    (B) provide technical assistance and information on 
                best practices; and
                    (C) in the case of a program that includes the key 
                elements in paragraph (2), provide a grant for initial 
                program administration.
            (2) Key elements of a building energy performance 
        information program.--A model building energy information 
        performance program shall--
                    (A) make information on building energy performance 
                available to the public; and
                    (B) use the information formats established by the 
                Administrator under subsection (e) or alternative 
                formats.
            (3) Progress report.--Not later than 3 years after the date 
        of enactment of this Act, the Secretary shall submit to 
        Congress a progress report that--
                    (A) evaluates the effectiveness of efforts to 
                advance the use of the program by States and units of 
                local government; and
                    (B) recommends any further steps that are necessary 
                to broaden the use of the program by States and units 
                of local government.
    (i) Public Building Implementation.--
            (1) Federal buildings.--
                    (A) In general.--Not later than 3 years after the 
                date of enactment of this Act, each Federal agency 
                owning or operating buildings of covered building types 
                shall implement the building energy information program 
                in a manner that--
                            (i) 30 percent of covered buildings built 
                        before the final rule establishing the program; 
                        and
                            (ii) 90 percent of the stock of covered 
                        building types built after the establishment of 
                        the program.
                    (B) Guidelines.--Not later than 1 year after the 
                date of enactment of this Act, the Secretary shall 
                develop guidelines for the implementation of Federal 
                building energy performance information programs.
            (2) State and units of local government buildings.--
                    (A) In general.--Effective beginning on the date 
                that is 3 years after the date of enactment of this 
                Act, any newly constructed building to be owned by a 
                State, county, or local government that is a covered 
                building and receives Federal financial assistance 
                shall be required to use the certificate provided for 
                under this section.
                    (B) Information.--The Secretary shall provide 
                information concerning the building energy performance 
                information program for Federal buildings (including 
                information on the results, best practices, 
                accompanying analysis, and implementation) to States 
                and units of local governments for adaptation and 
                adoption, at the discretion of the States and units of 
                local government, as soon as practicable after the date 
                of enactment of this Act.
    (j) Energy Star for Existing Buildings Program.--The Administrator 
may use information, measurements, and other forms of energy 
performance information developed under this section to establish a 
voluntary Energy Star program that recognizes high efficiency retrofits 
of existing commercial and residential buildings.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 282. EVALUATION, MEASUREMENT, AND VERIFICATION OF ENERGY SAVINGS.

    (a) Definitions.--In this section:
            (1) Evaluation.--The term ``evaluation'' means the 
        performance of studies and activities to determine--
                    (A) the effects of a program or project;
                    (B) changes in energy efficiency markets;
                    (C) levels of demand or energy savings; and
                    (D) program cost-effectiveness.
            (2) Impact evaluation.--The term ``impact evaluation'' 
        means the evaluation of the program or project-specific, 
        directly induced changes in energy savings and greenhouse gas 
        emissions reductions attributable to a program or project.
            (3) Measurement and verification.--The term ``measurement 
        and verification'' means data collection, monitoring, and 
        analysis associated with the calculation of total energy and 
        demand savings from individual sites or projects, including as 
        a part of an impact evaluation.
    (b) Rules.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall promulgate uniform rules to document the 
energy savings and avoided greenhouse gas emissions of energy 
efficiency programs and projects that--
            (1) receive funding from Federal, State, or local 
        governments or public utilities;
            (2) require specific levels of energy reductions; and
            (3) are eligible for allowances or allowance proceeds based 
        on energy savings and greenhouse gas emissions reductions under 
        climate change regulations.
    (c) Requirements.--
            (1) In general.--In developing rules under subsection (b), 
        the Secretary shall ensure, to the maximum extent practicable, 
        that the rules--
                    (A) are enforceable;
                    (B) give reasonable assurance that energy savings 
                and avoided greenhouse gas emission from energy 
                efficiency programs and projects are verifiable and 
                additional;
                    (C) are complete and transparent;
                    (D) balance risk management, certainty of estimated 
                impacts, and implementation costs; and
                    (E) provide sufficient direction relating to 
                methodologies and assumptions (including additionality, 
                market transformation impacts, and measure persistence) 
                to ensure--
                            (i) reasonable uniformity among various 
                        States and entities; and
                            (ii) consistency in results.
            (2) Process.--In developing rules under subsection (b), the 
        Secretary shall--
                    (A) consider and harmonize the rules with existing 
                domestic and international protocols wherever 
                practicable; and
                    (B) consult with States, utilities, and other 
                appropriate stakeholders.

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

SEC. 291. RESIDENTIAL HIGH PERFORMANCE ZERO-NET-ENERGY BUILDINGS 
              INITIATIVE.

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        Residential High-Performance Zero-Net-Energy Buildings 
        appointed under subsection (c).
            (2) Initiative.--The term ``Initiative'' means the 
        Residential High Performance Zero-Net-Energy Buildings 
        Initiative established under subsection (b).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy, acting through the Assistant Secretary of Energy 
        Efficiency and Renewable Energy.
            (4) Zero-net-energy building.--The term ``zero-net-energy 
        building'' means a residential building 4 stories or less that 
        is designed, constructed, and operated--
                    (A) to require greatly reduced needs for energy 
                through efficiency gains;
                    (B) to meet the balance of energy needs through 
                renewable technologies;
                    (C) to produce no net emissions of greenhouse gases 
                in space heating, cooling, domestic water heating, 
                lighting, and appliances; and
                    (D) to be economically viable.
    (b) Establishment.--The Secretary shall establish and carry out an 
initiative, to be known as the ``Residential High-Performance Zero-Net-
Energy Buildings Initiative''--
            (1) to reduce the quantity of energy consumed, and increase 
        the quantity of renewable energy generated, in residential 
        buildings located in the United States; and
            (2) to promote the development of zero-net-energy buildings 
        in the United States.
    (c) Director.--
            (1) In general.--The Secretary shall appoint a Director of 
        Residential High-Performance Zero-Net-Energy Buildings to carry 
        out the Initiative.
            (2) Position.--The position of the Director shall be a 
        career reserved position in the Senior Executive Service,
    (d) High-performance Residential Green Building Partnership 
Consortium.--
            (1) Initial period.--Not later than 180 days after the date 
        of enactment of this Act, the Director shall--
                    (A) use existing resources and frameworks (such as 
                the residential research and development program) to 
                enter into 1 or more agreements with the competitively 
                selected Building America Industry consortia in 
                existence on the date of enactment of this Act, if 
                feasible, to develop and carry out the Initiative 
                during the 5-year period beginning on the date of 
                enactment of this Act; or
                    (B) competitively select, and enter into 1 or more 
                agreements with, 1 or more consortia to develop and 
                carry out the Initiative during the 5-year period.
            (2) Subsequent periods.--Not later than 5 years after the 
        date of enactment of this Act and every 5 years thereafter, the 
        Director shall competitively select, and enter into 1 or more 
        agreements with, 1 or more consortia to develop and carry out 
        the Initiative during a 5-year period.
            (3) Agreements.--In entering into an agreement with a 
        consortium under this subsection, the Director shall, if 
        appropriate, use the authority described in section 646(g) of 
        the Department of Energy Organization Act (42 U.S.C. 7256(g)).
    (e) Goals.--The goals of the Initiative shall be--
            (1) to develop and disseminate technologies, practices, and 
        policies for the development and establishment of zero-net-
        energy buildings; and
            (2) to promote technologies and strategies that will 
        enable--
                    (A) the design and construction of zero-net-energy 
                buildings (including identification and validation) by 
                2015; and
                    (B) any new residential building constructed on or 
                after 2020 to be a cost-effective zero-net-energy 
                building.
    (f) Components.--In carrying out the Initiative, the Director, in 
consultation with the consortium selected under subsection (d) and 
leveraging existing resources and initiatives to the maximum extent 
practicable, may--
            (1) conduct research and development on building science, 
        design, materials, components, equipment and controls, 
        operation and other practices, integration, energy use 
        measurement, and benchmarking;
            (2) conduct pilot programs and demonstration projects to 
        evaluate replicable approaches to achieving energy-efficient 
        residential buildings using renewable technologies for a 
        variety of building types in a variety of climate zones;
            (3) consider the energy benefits of improved land planning 
        and transportation planning to maximize use of existing 
        infrastructure;
            (4) conduct deployment, dissemination, and technical 
        assistance activities to encourage widespread adoption of 
        technologies, practices, and policies to achieve energy 
        efficient residential buildings;
            (5) conduct other research, development, demonstration, and 
        deployment activities necessary to achieve each goal of the 
        Initiative, as determined by the Director, in consultation with 
        the consortium;
            (6) develop training materials and courses for building 
        professionals and trades on achieving cost-effective zero-net-
        energy buildings;
            (7) develop and disseminate public education materials to 
        share information on the benefits and cost-effectiveness of 
        zero-net-energy buildings;
            (8) support code-setting organizations and State and local 
        governments in developing minimum performance standards in 
        building codes that recognize the ready availability of many 
        technologies used in zero-net-energy buildings;
            (9) develop strategies for overcoming the split incentives 
        between builders and purchasers, and landlords and tenants, to 
        ensure that energy-efficiency and renewable technology 
        investments are made that are cost-effective on a lifecycle 
        basis; and
            (10) develop improved means of measurement and verification 
        of energy savings and performance for public dissemination.
    (g) Cost Sharing.--In carrying out this section, the Director shall 
require cost sharing in accordance with section 988 of the Energy 
Policy Act of 2005 (42 U.S.C. 16352).
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $40,000,000 for fiscal year 2010;
            (2) $60,000,000 for each of fiscal years 2011 and 2012; and
            (3) $100,000,000 for each of fiscal years 2013 through 
        2020.

                       Subtitle D--Electric Grid

SEC. 295. NATIONAL ELECTRIC SYSTEM EFFICIENCY AND PEAK DEMAND REDUCTION 
              GOAL.

    (a) Definitions.--In this section:
            (1) Applicable baseline.--The term ``applicable baseline'' 
        means the highest annual peak demand during 1 or more years 
        determined by the Commission, in consultation with the 
        Secretary and the North American Electric Reliability 
        Corporation.
            (2) Commission.--The term ``Commission'' means Federal 
        Energy Regulatory Commission.
            (3) Demand reduction.--The term ``demand reduction'' means 
        the reduction in annual peak demand as compared to a previous 
        baseline year or period, expressed in megawatts.
            (4) Dynamic peak management control.--The term ``dynamic 
        peak management control'' means the control of megawatts of 
        electricity through a demand response program or other means 
        that is directly capable of actively and dynamically reducing 
        peak demand.
            (5) Load-serving entity.--
                    (A) In general.--The term ``load-serving entity'' 
                means an entity that provides electricity directly to 
                retail consumers with the responsibility to ensure 
                power quality and reliability.
                    (B) Inclusions.--The term ``load-serving entity'' 
                includes an entity described in subparagraph (A) that 
                is investor-owned, publicly-owned, owned by a rural 
                electric cooperative, or owned by another entity.
            (6) Peak demand.--The term ``peak demand'' means 
        electricity demand--
                    (A) during the highest hour on the system of a 
                load-serving entity during a calendar year, expressed 
                in megawatts;
                    (B) measured using an alternative calculation 
                method determined by the Commission, in consultation 
                with the Secretary and the North American Electric 
                Reliability Corporation; and
                    (C) that takes into account monthly and seasonal 
                variations in peak demand for electricity.
            (7) Peak demand period.--The term ``peak demand period'' 
        means the time period on the system of a load-serving entity 
        relative to peak demand that may warrant special measures or 
        electricity resources to maintain system reliability or avoid 
        excess costs while meeting peak demand.
            (8) Regional transmission organization.--The term 
        ``Regional Transmission Organization'' means an entity that is 
        approved as a Regional Transmission Organization by the 
        Commission.
            (9) Smart grid.--The term ``smart grid'' means smart grid 
        (within the meaning of title XIII of the Energy Independence 
        and Security Act of 2007 (42 U.S.C. 17381 et seq.)).
            (10) System load factor.--The term ``system load factor'' 
        means the ratio that the kilowatt hours consumed on a system 
        bear to the highest level of demand in kilowatts on the system 
        during a given year.
    (b) Goal.--It is the policy of the United States that--
            (1) the national electric system efficiency goal of the 
        United States is to optimize and make more efficient the 
        planning and operation of national and local electricity 
        systems in a manner that the system load factor of the systems 
        will be improved by 1.5 percent per year during each of 
        calendar years 2010 through 2030; and
            (2) the goal described in paragraph (1) can be met or 
        exceeded by lessening the difference between the periods of 
        lowest and highest electricity demand, with particular focus on 
        reducing the frequency and severity of peak demand periods, 
        using smart grid and demand response technologies, practices, 
        and activities, including--
                    (A) the reduction of overall electricity demand 
                through the adoption of energy-efficient technologies 
                or conservation practices;
                    (B) the use of demand response technologies, 
                practices, and activities that allow dynamic control, 
                load-shifting, and reduction of time-based electricity 
                consumption by load-serving entities and electricity 
                customers, including the wide-spread installation or 
                use of--
                            (i) distributed generation;
                            (ii) smart meters and equipment with smart 
                        grid capabilities;
                            (iii) energy storage; and
                            (iv) time-based pricing that reflects 
                        marginal electricity generation costs; and
                    (C) the use of smart grid technologies, practices, 
                and activities (including activities described in title 
                XIII of the Energy Independence and Security Act of 
                2007 (42 U.S.C. 17381 et seq.)) that provide time-based 
                information on, and dynamic control of, the electricity 
                grid allowing for the most cost-effective, efficient, 
                and reliable generation, transmission, and distribution 
                of electricity.
    (c) Action Plan.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary, in cooperation with the 
        Commission, Regional Transmission Organizations, the National 
        Association of Regulatory Utility Commissioners, and heads of 
        other appropriate Federal agencies, shall develop an action 
        plan to achieve or exceed the national goal established under 
        subsection (a).
            (2) Plan contents.--The action plan shall--
                    (A) identify future regulatory, funding, and policy 
                priorities that would assist the United States in 
                meeting the national goal described in paragraph (1);
                    (B) include data collection methodologies and 
                compilations used to establish baseline and goal 
                attainment data;
                    (C) include guidelines for the establishment of 
                dynamic peak management control goals, including--
                            (i) the establishment of applicable 
                        baselines in a consistent nationwide manner; 
                        and
                            (ii) the use of a methodology that provides 
                        for adjustments to baseline and goals for a 
                        load-serving entity to reflect changes in the 
                        number of customers served, weather conditions, 
                        and any other appropriate factors;
                    (D) include a system and rules for measurement and 
                verification of demand reductions; and
                    (E) coordinate with any existing complementary 
                programs or initiatives managed by load-serving 
                entities, Regional Transmission Organizations, and 
                States.
            (3) Public input and comment.--The Secretary shall develop 
        the plan in a manner that provides appropriate opportunities 
        for public input and comment.
            (4) Action plan updates.--The Secretary shall--
                    (A) update the action plan every 3 years; and
                    (B) include the updated action plan in the national 
                energy policy plan required by section 801 of the 
                Department of Energy Organization Act (42 U.S.C. 7321).
            (5) Report to congress.--In updating the national electric 
        system efficiency goal established under subsection (a), the 
        Secretary shall submit to the Committee on Energy and Natural 
        Resources of the Senate and the Committee on Energy and 
        Commerce of the House of Representatives a report describing--
                    (A) progress made toward implementing the necessary 
                policies to meet the national goal;
                    (B) the resulting cost-savings to ratepayers and 
                the United States economy;
                    (C) the improvements to the reliability and 
                efficiency of the United States electricity grid; and
                    (D) any additional legal authorities necessary to 
                achieve the national goal.
            (6) Progress reporting and transparency for ratepayers.--
        Not later than 2 years after the date of enactment of this Act, 
        the Secretary shall establish a public domain website on which 
        the Secretary shall provide information and data demonstrating 
        progress by States, other jurisdictional entities, and load-
        serving entities in meeting the national electric system 
        efficiency goal established under subsection (b).
            (7) No impact on existing state goals and standards.--
        Nothing in this section diminishes any authority of a State or 
        political subdivision of a State to adopt or enforce any law 
        (including regulations) that increases electricity grid 
        efficiency, smart grid and distributed generation deployment, 
        dynamic peak management control, demand response and 
        distributed storage, or the regulation of load-serving 
        entities.

SEC. 296. UNIFORM NATIONAL STANDARDS FOR INTERCONNECTION OF CERTAIN 
              SMALL POWER PRODUCTION FACILITIES.

    (a) Findings.--Section 2 of the Public Utility Regulatory Policies 
Act of 1978 (16 U.S.C. 2601) is amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``, and''; and
            (3) by adding at the end the following:
            ``(7) uniform national standards for the interconnection of 
        certain small power production facilities.''.
    (b) Standards for Interconnection.--
            (1) In general.--Subtitle B of title I of the Public 
        Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621 et 
        seq.) is amended by adding at the end the following:

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

    ``(a) Standard for Facilities of 15 Kilowatts or Less.--The 
Commission shall establish a standard by which each electric utility 
shall make available, on request, interconnection service to any 
electric consumer that the electric utility serves with respect to any 
facility that generates up to 15 kilowatts of electric energy on the 
premises of the electric consumer.
    ``(b) Enforcement.--
            ``(1) By the commission.--
                    ``(A) In general.--Except as provided in paragraph 
                (2), the Commission may enforce the standard 
                established under subsection (a) against any electric 
                utility.
                    ``(B) Administration.--The requirements of the 
                standard shall be treated as a rule enforceable under 
                the Federal Power Act (16 U.S.C. 791a et seq.).
            ``(2) By a state regulatory authority.--The Commission may 
        enter into an agreement with a State regulatory authority to 
        discontinue the enforcement of this section in the State by the 
        Commission if the Commission finds that the State or the State 
        regulatory authority has adopted and is enforcing a standard 
        for interconnection services that is consistent with the 
        standard established under subsection (a).
            ``(3) Resumption of commission enforcement.--The Commission 
        may rescind an agreement under paragraph (2) and resume 
        enforcement of the standard established under subsection (a) 
        if, as determined by the Commission, the State has failed to 
        enforce a consistent State standard.
    ``(c) Expanded Standard.--
            ``(1) Report.--Not later than 3 years after the date of 
        enactment of this section, the Commission shall submit to 
        Congress a report on whether the standard established under 
        subsection (a) should be amended to apply to facilities that 
        generate up to 50 kilowatts of electric energy on the premises 
        of an electric consumer.
            ``(2) Authority to amend standard.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), if the Commission makes an 
                affirmative determination under paragraph (1), the 
                Commission may, after public notice and comment, amend 
                the standard established under subsection (a) to apply 
                to facilities that generate up to 50 kilowatts of 
                electric energy on the premises of an electric 
                consumer.
                    ``(B) Disapproval.--Subparagraph (A) shall not 
                apply if, during the first period of 90 calendar days 
                (not counting days on which either House is not in 
                session because of an adjournment of more than 3 days) 
                of continuous session of Congress (broken only by an 
                adjournment sine die) after the date of the receipt of 
                the report under paragraph (1), a joint resolution is 
                enacted disapproving the amendment of the standard
    ``(d) Model Standard for Facilities of up to 20 Megawatts.--The 
Commission shall establish a model standard for the interconnection of 
small power production facilities with a capacity greater than 15 
kilowatts, but not greater than 20 megawatts, for the consideration of 
State regulatory authorities under section 111(d)(15).''.
            (2) Conforming amendment.--The table of contents in section 
        1(b) of the Public Utility Regulatory Policies Act of 1978 (16 
        U.S.C. prec. 2601) is amended by adding at the end of the items 
        relating to subtitle B of title I the following:

``Sec. 118. Interconnection of certain small power production 
                            facilities.''.

                  TITLE III--IMPROVED ENERGY SECURITY

      Subtitle A--Cyber Security of the Electric Transmission Grid

SEC. 301. CRITICAL ELECTRIC INFRASTRUCTURE.

    Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended 
by adding at the end the following:

``SEC. 224. CRITICAL ELECTRIC INFRASTRUCTURE.

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

                       Subtitle B--Nuclear Energy

SEC. 311. NATIONAL COMMISSION ON NUCLEAR WASTE.

    The Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) is 
amended by adding at the end the following:

            ``TITLE VI--NATIONAL COMMISSION ON NUCLEAR WASTE

``SEC. 601. ESTABLISHMENT OF COMMISSION.

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

``SEC. 602. PURPOSES.

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

``SEC. 603. COMPOSITION OF THE NATIONAL COMMISSION.

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

``SEC. 604. FUNCTIONS.

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

``SEC. 605. ADMINISTRATION.

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

``SEC. 606. REPORT.

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

``SEC. 607. FUNDING.

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

``SEC. 608. TERMINATION.

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

SEC. 312. SENSE OF CONGRESS REGARDING THE STRATEGIC ROLE OF NUCLEAR 
              ENERGY.

    (a) Findings.--Congress finds that--
            (1) nuclear energy is a strategic technology and should be 
        recognized for--
                    (A) providing clean and secure domestic energy for 
                the United States; and
                    (B) reducing greenhouse gases;
            (2) the use and expansion of nuclear energy technology is 
        essential for--
                    (A) the production of electricity and other 
                industrial applications; and
                    (B) the reduction of greenhouse gas emissions;
            (3) it is the continuing obligation of the Federal 
        Government to provide for the safe disposal of spent nuclear 
        fuel and high-level radioactive waste, including the 
        development of any analysis or assessment that is required to 
        establish a sustainable, long-term program for the management 
        of spent nuclear fuel and high-level radioactive waste;
            (4) spent nuclear fuel and high-level radioactive waste 
        should be stored in a limited number of secure, centralized 
        facilities;
            (5) to encourage State and local support for the 
        establishment of centralized spent nuclear fuel and high-level 
        radioactive waste storage facilities, the Federal Government 
        should expedite the conduct of a sustainable long-term 
        management program;
            (6) the reprocessing of spent nuclear fuel may--
                    (A) reduce the burden on geological repositories 
                for ultimate waste disposal; and
                    (B) provide additional fuel for nuclear reactors; 
                and
            (7) advanced technologies in spent fuel recycling and 
        advanced reactors may--
                    (A) further reduce the volume and radioactivity of 
                high-level radioactive waste; and
                    (B) provide for a closed fuel cycle that will 
                generate additional fuel for nuclear reactors.
    (b) Sense of Congress.--It is the sense of Congress that the 
Federal Government should reaffirm the policy of the United States--
            (1) to support the use and expansion of nuclear energy 
        technology for--
                    (A) the production of electricity and other 
                industrial applications; and
                    (B) the reduction of greenhouse gas emissions; and
            (2) to fulfill the obligation of the Federal Government 
        with respect to spent nuclear fuel and high-level radioactive 
        waste.

SEC. 313. ADVANCED FUEL RECYCLING PROCESS DEVELOPMENT.

    Section 953 of the Energy Policy Act of 2005 (42 U.S.C. 16273) is 
amended--
            (1) in subsection (b), by striking ``Research''; and
            (2) by adding at the end the following:
    ``(e) Advanced Fuel Recycling Process Development.--
            ``(1) Definition of advanced fuel recycling process.--In 
        this subsection through subsection (g), the term `advanced fuel 
        recycling process' means an integrated, proliferation-
        resistant, spent nuclear fuel recycling or transmutation 
        process that--
                    ``(A) does not separate pure plutonium;
                    ``(B) reduces the burden on geological repositories 
                for ultimate waste disposal;
                    ``(C) minimizes environmental and public health and 
                safety impacts; and
                    ``(D) is an alternative to reprocessing 
                technologies deployed prior to the date of enactment of 
                this subsection.
            ``(2) Design, criteria, and evaluations.--In addition to 
        the activities authorized under subsection (a), the Secretary 
        shall--
                    ``(A) complete the development and testing of a 
                complete and integrated process flowsheet for all steps 
                involved in an advanced fuel recycling process;
                    ``(B) characterize the waste streams resulting from 
                all steps in the advanced fuel recycling process 
                identified under subparagraph (A);
                    ``(C) develop waste treatment processes and designs 
                for disposal facilities for waste streams characterized 
                under subparagraph (B);
                    ``(D) on completion of sufficient technical 
                progress in the program, as evaluated under subsection 
                (g)--
                            ``(i) develop a generic environmental 
                        impact statement for the technologies developed 
                        under this subsection; and
                            ``(ii) conduct design and engineering work 
                        sufficient to develop firm cost estimates with 
                        respect to the development of advanced fuel 
                        recycling processes; and
                    ``(E) cooperate with the Nuclear Regulatory 
                Commission in making facilities of the Department 
                available to the Commission for purposes of the 
                Commission carrying out independent, confirmatory 
                research as part of the licensing process for 
                facilities constructed or used under the program.
    ``(f) Regulatory Standards.--
            ``(1) In general.--The Nuclear Regulatory Commission shall 
        have licensing and related regulatory authority under the 
        Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) over 
        facilities that use an advanced fuel recycling process.
            ``(2) Revision of applicable standards.--
                    ``(A) Nuclear regulatory commission.--The Nuclear 
                Regulatory Commission shall establish standards for 
                protection against radiation (including occupational 
                exposures) resulting from activities at facilities that 
                use an advanced fuel recycling process, including 
                facilities to fabricate fuel enriched with actinide 
                elements other than uranium.
                    ``(B) Environmental protection agency.--The 
                Administrator of the Environmental Protection Agency 
                shall establish generally applicable environmental 
                standards for the protection of the public and the 
                general environment from radioactive material released 
                from facilities that use an advanced fuel recycling 
                process, including facilities to fabricate fuel 
                enriched with actinide elements other than uranium.
    ``(g) Comprehensive Evaluation.--
            ``(1) In general.--On completion of sufficient technical 
        progress in the program under subsection (e), the Secretary 
        shall direct the Nuclear Energy Advisory Committee and the 
        Nuclear Waste Technical Review Board to evaluate and prepare 
        reports concerning the readiness of the program for detailed 
        design, engineering, licensing, and deployment of advanced fuel 
        recycling processes.
            ``(2) Report.--The Secretary shall submit to Congress the 
        reports of the Nuclear Energy Advisory Committee and the 
        Nuclear Waste Technical Review Board described in paragraph (1) 
        with the first budget request submitted to carry out activities 
        covered by the reports.''.

         Subtitle C--Improving United States Strategic Reserves

SEC. 321. PETROLEUM PRODUCT RESERVE.

    (a) Strategic Petroleum Reserve.--Section 154(a) of the Energy 
Policy and Conservation Act (42 U.S.C. 6234(a)) is amended by striking 
``1 billion barrels of petroleum products'' and inserting 
``1,000,000,000 barrels of petroleum products (including at least 
30,000,000 barrels of refined petroleum products)''.
    (b) Plan.--Title I of the Energy Policy and Conservation Act is 
amended by inserting after section 154 (42 U.S.C. 6234) the following:

``SEC. 155. PLAN.

    ``Not later than 180 days after the date of enactment of this 
section, the Secretary shall submit to the President and, if the 
President approves, to Congress, a plan to include refined petroleum 
products in the Strategic Petroleum Reserve, including a description 
of--
            ``(1) the disposition of refined petroleum products that 
        shall be stored in the Reserve, which shall be selected--
                    ``(A) to alleviate shortages that might be expected 
                to result from hurricanes, earthquakes, or other acts 
                of nature; and
                    ``(B) to minimize the number of different kinds of 
                refined petroleum products that shall be stored;
            ``(2) the method of acquisition of refined petroleum 
        products for storage in the Reserve, which shall--
                    ``(A) be intended to minimize both the cost and 
                market disruption associated with the acquisition; and
                    ``(B) include--
                            ``(i) an analysis of the option of 
                        exchanging crude oil from the Reserve for 
                        refined petroleum products; and
                            ``(ii) the anticipated time requirement for 
                        building the inventory of refined petroleum 
                        products;
            ``(3) storage facility options for the storage of refined 
        petroleum products, including the anticipated location of 
        existing or new facilities;
            ``(4) the estimated costs of establishment, maintenance, 
        and operation of the refined petroleum product component of the 
        Reserve;
            ``(5) efforts the Department will take to ensure that 
        distributors and importers are not discouraged from maintaining 
        and increasing supplies of refined petroleum products; and
            ``(6) actions that will be taken to ensure quality of 
        refined petroleum products in the Reserve, including the 
        rotation of products stored.''.
    (c) Drawdown and Sale.--Section 161 of the Energy Policy and 
Conservation Act (42 U.S.C. 6241) is amended--
            (1) by striking subsection (d) and inserting the following:
    ``(d) Limitation on Drawdown and Sale.--
            ``(1) In general.--The drawdown and sale of petroleum 
        products from the Strategic Petroleum Reserve may not be made 
        unless the Secretary determines that--
                    ``(A) the drawdown and sale are required by--
                            ``(i) a severe energy market supply 
                        disruption; or
                            ``(ii) obligations of the United States 
                        under the international energy program; or
                    ``(B) in the case of the refined petroleum product 
                component of the Reserve, a sale of refined petroleum 
                products will mitigate the impacts of weather-related 
                events or other acts of nature that have resulted in a 
                severe energy market supply disruption.
            ``(2) Severe energy market supply disruption.--For purpose 
        of this subsection, a severe energy market supply disruption 
        shall be considered to exist if the Secretary determines that--
                    ``(A) an emergency situation exists and there is a 
                disruption in global oil market supplies of significant 
                scope and duration;
                    ``(B) a severe increase in the price of petroleum 
                products has resulted, or is likely to result, from the 
                emergency situation; and
                    ``(C) the price increase is likely to cause a major 
                adverse impact on the national economy.''; and
            (2) in subsections (h)(1) and (i), by striking 
        ``President'' each place it appears and inserting 
        ``Secretary''.

SEC. 322. PETROLEUM EXCHANGE AUTHORITY.

    (a) Petroleum Products for Storage in Strategic Petroleum 
Reserve.--Section 160(a) of the Energy Policy and Conservation Act (42 
U.S.C. 6240(a)) is amended--
            (1) by redesignating paragraphs (1) through (3) as 
        subparagraphs (A) through (C), respectively, and indenting the 
        subparagraphs appropriately;
            (2) in subparagraph (A) (as redesignated by paragraph (1)), 
        by inserting a semicolon at the end;
            (3) in subparagraph (C) (as redesignated by paragraph (1)), 
        by inserting ``in accordance with paragraph (2),'' before 
        ``petroleum products'';
            (4) by striking ``(a) The Secretary'' and inserting the 
        following:
    ``(a) Authority of Secretary.--
            ``(1) In general.--The Secretary''; and
            (5) by adding at the end the following:
            ``(2) Monetary compensation.--In acquiring petroleum 
        products under paragraph (1)(C), the Secretary may accept 
        monetary compensation for differences in volume, quality, or 
        time of delivery as a result of--
                    ``(A) exchanges or deferrals of deliveries in the 
                event that the reserve inventory is at the rated 
                capacity of the reserve inventory; or
                    ``(B) discrepancies in delivered volumes with 
                respect to contractual volumes.''.
    (b) SPR Petroleum Account.--Section 167(b) of the Energy Policy and 
Conservation Act (42 U.S.C. 6247(b)) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (1) and (2), respectively;
            (2) in paragraph (1) (as redesignated by paragraph (1)), by 
        striking ``; and'' and inserting a semicolon;
            (3) in paragraph (2) (as redesignated by paragraph (1)), by 
        striking the period at the end and inserting ``; and''; and
            (4) by adding at the end the following:
            ``(3) notwithstanding section 660 of the Department of 
        Energy Organization Act (42 U.S.C. 7270), for each fiscal year, 
        in an aggregate amount equal to the aggregate amount of the 
        receipts to the United States from any exchange of petroleum 
        products or discrepancies in delivered volume under section 160 
        (including section 160(a)(1)(C)).''.

              Subtitle D--Federal Oil and Gas Development

                      PART I--OIL AND GAS LEASING

SEC. 331. OIL AND GAS PERMIT PROCESSING IMPROVEMENT FUND.

    Section 35(c) of the Mineral Leasing Act (30 U.S.C. 191(c)) is 
amended by adding at the end the following:
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated from the Fund, or to the extent adequate 
        funds in the Fund are not available from miscellaneous receipts 
        of the Treasury, for the coordination and processing of oil and 
        gas use authorizations and for oil and gas inspection and 
        enforcement on onshore Federal land under the jurisdiction of 
        the Pilot Project offices described in section 365(d) of the 
        Energy Policy Act of 2005 (42 U.S.C. 15924(d)) $20,000,000 for 
        each of fiscal years 2016 through 2020, to remain available 
        until expended.''.

SEC. 332. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY ON OIL AND 
              GAS LEASES.

    Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 
1003(b)) is amended by adding at the end the following:
            ``(4) Land subject to oil and gas lease.--Land under an oil 
        and gas lease issued pursuant to the Mineral Leasing Act (30 
        U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired 
        Lands (30 U.S.C. 351 et seq.) that is subject to an approved 
        application for permit to drill and from which oil and gas 
        production is occurring may be available for leasing under 
        subsection (c) by the holder of the oil and gas lease--
                    ``(A) on a determination that--
                            ``(i) geothermal energy will be produced 
                        from a well producing or capable of producing 
                        oil and gas; and
                            ``(ii) the public interest will be served 
                        by the issuance of such a lease; and
                    ``(B) in order to provide for the coproduction of 
                geothermal energy with oil and gas.''.

                    PART II--OUTER CONTINENTAL SHELF

SEC. 341. IMPLEMENTATION OF INVENTORY OF OUTER CONTINENTAL SHELF 
              RESOURCES.

    (a) In General.--Section 357 of the Energy Policy Act of 2005 (42 
U.S.C. 15912) is amended--
            (1) in subsection (a)--
                    (A) by striking the first sentence of the matter 
                preceding paragraph (1) and inserting the following: 
                ``The Secretary shall conduct a seismic inventory of 
                oil and natural gas, and prepare a summary (the latter 
                prepared with the assistance of, and based on 
                information provided by, the heads of appropriate 
                Federal agencies) of the information obtained under 
                paragraph (3), for the waters of the United States 
                Outer Continental Shelf (referred to in this section as 
                the `OCS') in the Atlantic Region, the Eastern Gulf of 
                Mexico, and the Alaska Region.'';
                    (B) in paragraph (2)--
                            (i) by striking ``3-D'' and inserting ``2-D 
                        and 3-D''; and
                            (ii) by adding ``and'' at the end; and
                    (C) by striking paragraphs (3) through (5) and 
                inserting in the following:
            ``(3) use existing inventories and mapping of marine 
        resources undertaken by the National Oceanographic and 
        Atmospheric Administration and with the assistance of and based 
        on information provided by the Department of Defense and other 
        Federal and State agencies possessing relevant data, and use 
        any available data regarding alternative energy potential, 
        navigation uses, fisheries, aquaculture uses, recreational 
        uses, habitat, conservation, and military uses.''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Implementation.--The Secretary shall carry out the inventory 
and analysis under subsection (a) in 3 phases, with priority given to 
all or part of applicable planning areas of the outer Continental 
Shelf--
            ``(1) estimated to have the greatest potential for energy 
        development in barrel of oil equivalent; and
            ``(2) outside of any leased area or area scheduled for 
        leasing prior to calendar year 2011 under any outer Continental 
        Shelf 5-year leasing program or amendment to the program under 
        section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 
        1344).
    ``(c) Reports.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of this paragraph, the Secretary shall submit to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Natural Resources of the House of Representatives 
        a report that provides a plan for executing the seismic 
        inventories required under this section, including an estimate 
        of the costs to complete the seismic inventory by region and 
        environmental and permitting activities to facilitate 
        expeditious completion.
            ``(2) First phase.--Not later than 2 years after the date 
        of enactment of this paragraph, the Secretary shall submit to 
        Congress a report describing the results of the first phase of 
        the inventory and analysis under subsection (a).
            ``(3) Subsequent phases.--Not later than 2 years after the 
        date on which the report is submitted under paragraph (2) and 2 
        years thereafter, the Secretary shall submit to Congress a 
        report describing the results of the second and third phases, 
        respectively, of the inventory and analysis under subsection 
        (a).
            ``(4) Public availability.--A report submitted under 
        paragraph (2) or (3) shall be--
                    ``(A) made publicly available; and
                    ``(B) updated not less frequently than once every 5 
                years.''.
    (b) Relationship to 5-Year Program.--The requirement that the 
Secretary of the Interior carry out the inventory required by the 
amendment made by subsection (a) shall not be considered to require, 
authorize, or provide a basis or justification for delay by the 
Secretary of the Interior or any other agency of the issuance of any 
outer Continental Shelf leasing program or amendment to the program 
under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344), or any lease sale pursuant to that section.
    (c) Permits.--Nothing in this section or an amendment made by this 
section precludes the issuance by the Secretary of the Interior of a 
permit to conduct geological and geophysical exploration of the outer 
Continental Shelf in accordance with the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331 et seq.) and other applicable law.
    (d) Funding.--Section 999H(d) of the Energy Policy Act of 2005 (42 
U.S.C. 16378(d)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) 35 percent shall be used for activities under section 
        999A(b)(1), except that for each of fiscal years 2010 through 
        2015 the amount made available under this paragraph shall be 
        used to carry out section 357 (for the completion of necessary 
        environmental analyses under the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.), with a priority given to 
        completion of programmatic environmental impact statements 
        necessary to carry out the seismic inventory or portions of the 
        inventory required by section 357, and the use of seismic 
        technology to obtain accurate resource estimates).''; and
            (2) in paragraph (4)--
                    (A) by inserting ``(A) except as provided in 
                subparagraph (B),'' before ``25''; and
                    (B) by adding at the end the following:
                    ``(B) notwithstanding subparagraph (A), for each of 
                fiscal years 2010 through 2015--
                            ``(i) 15 percent shall be used for the 
                        purposes described in subparagraph (A); and
                            ``(ii) 10 percent shall be used for the 
                        activities described in paragraph (1).''.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, to be available until expended 
without fiscal year limitation--
            (1) $100,000,000 for each of fiscal years 2010 through 
        2015; and
            (2) $50,000,000 for each of fiscal years 2016 through 2020.

SEC. 342. ALASKA OCS PERMIT PROCESSING COORDINATION OFFICE.

    (a) Establishment.--The Secretary of the Interior (referred to in 
this section as the ``Secretary'') shall establish a regional joint 
outer Continental Shelf lease and permit processing office for the 
Alaska outer Continental Shelf region.
    (b) Memorandum of Understanding.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall enter into a 
        memorandum of understanding for the purposes of carrying out 
        this section with--
                    (A) the Secretary of Commerce;
                    (B) the Chief of Engineers;
                    (C) the Administrator of the Environmental 
                Protection Agency; and
                    (D) any other Federal agency that may have a role 
                in permitting activities.
            (2) State participation.--The Secretary shall request that 
        the Governor of Alaska be a signatory to the memorandum of 
        understanding.
    (c) Designation of Qualified Staff.--
            (1) In general.--Not later than 30 days after the date of 
        the signing of the memorandum of understanding under subsection 
        (b), each Federal signatory party shall, if appropriate, assign 
        to the office described in subsection (a) an employee who has 
        expertise in the regulatory issues administered by the office 
        in which the employee is employed relating to leasing and the 
        permitting of oil and gas activities on the outer Continental 
        Shelf.
            (2) Duties.--An employee assigned under paragraph (1) 
        shall--
                    (A) not later than 90 days after the date of 
                assignment, report to the office described in 
                subsection (a);
                    (B) be responsible for all issues relating to the 
                jurisdiction of the home office or agency of the 
                employee; and
                    (C) participate as part of the applicable team of 
                personnel working on proposed oil and gas leasing and 
                permitting, including planning and environmental 
                analyses.
    (d) Transfer of Funds.--For the purposes of coordination and 
processing of oil and gas use authorizations for the Alaska outer 
Continental Shelf region, the Secretary may authorize the expenditure 
or transfer of such funds as are necessary to--
            (1) the Secretary of Commerce;
            (2) the Chief of Engineers;
            (3) the Administrator of the Environmental Protection 
        Agency;
            (4) any other Federal agency having a role in permitting 
        activities; and
            (5) the State of Alaska.
    (e) Savings Provision.--Nothing in this section affects--
            (1) the operation of any Federal or State law; or
            (2) any delegation of authority made by the head of a 
        Federal agency for employees that are assigned to the 
        coordination office.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000 for each of fiscal 
years 2009 through 2019, to remain available until expended.

SEC. 343. MORATORIUM OF OIL AND GAS LEASING IN CERTAIN AREAS OF THE 
              GULF OF MEXICO.

    (a) Moratorium.--Section 104 of the Gulf of Mexico Energy Security 
Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--Except as provided in subsection (d), effective 
during the period beginning on the date of enactment of this Act and 
ending on June 30, 2022, the Secretary shall not offer for leasing, 
preleasing, or any related activity any area in the Eastern Planning 
Area that is within 45 statute miles of the coastline of the State of 
Florida.''; and
            (2) by adding at the end the following:
    ``(d) Exceptions.--
            ``(1) Definitions.--In this paragraph:
                    ``(A) Destin dome area.--The term `Destin Dome 
                Area' means the area in the Central and Eastern 
                Planning Areas of the outer Continental Shelf 
                identified as `Destin Dome (NH16-08)' in the document 
                entitled `MMS Gulf of Mexico Region Planning Areas and 
                Active Leases' and dated May 14, 2009.
                    ``(B) Pensacola area.--The term `Pensacola Area' 
                means the area in the Central and Eastern Planning 
                Areas of the outer Continental Shelf identified as 
                `Pensacola (NH16-05)' in the document entitled `MMS 
                Gulf of Mexico Region Planning Areas and Active Leases' 
                and dated May 14, 2009.
            ``(2) Authorized areas.--The Secretary may offer for 
        leasing any area in the Destin Dome Area or the Pensacola 
        Area.''.
    (b) National Defense Area.--Section 12(d) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1341(d)) is amended--
            (1) by striking ``The United States'' and inserting the 
        following:
            ``(1) In general.--The United States''; and
            (2) by adding at the end the following:
            ``(2) Review.--Annually, the Secretary of Defense shall--
                    ``(A) review the areas of the outer Continental 
                Shelf that have been designated as restricted from 
                exploration and operation to determine whether the 
                areas should remain under restriction; and
                    ``(B) based on the review under subparagraph (A), 
                make recommendations to the President.''.
    (c) Leasing of Moratorium Areas.--
            (1) In general.--Not later than 180 days after the date on 
        which any necessary environmental analyses are completed under 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.), the Secretary shall offer for leasing under the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in 
        accordance with the completed environmental analyses any areas 
        made available for leasing as a result of this subtitle 
        (including amendments made by this subtitle).
            (2) Administration.--Notwithstanding the omission of the 
        areas made available for leasing under paragraph (1) from the 
        applicable 5-year plan developed by the Secretary pursuant to 
        section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 
        1344), the areas shall be offered for leasing under this 
        section, in accordance with the completed environmental 
        analyses referred to in paragraph (1).
    (d) Conforming Amendment.--Section 105 of the Department of the 
Interior, Environment, and Related Agencies Appropriations Act, 2006 
(Public Law 109-54; 119 Stat. 521) (as amended by section 103(d) of the 
Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public 
Law 109-432)) is amended by inserting ``and any other area that the 
Secretary of the Interior may offer for leasing, preleasing, or any 
related activity under section 104 of that Act'' after ``2006)''.

SEC. 344. REPEAL OF OUTER CONTINENTAL SHELF DEEP WATER AND DEEP GAS 
              ROYALTY RELIEF.

    (a) In General.--Sections 344 and 345 of the Energy Policy Act of 
2005 (42 U.S.C. 15904, 15905) are repealed.
    (b) Administration.--The Secretary of the Interior shall not be 
required to provide for royalty relief in the lease sale terms 
beginning with the first lease sale held on or after the date of 
enactment of this Act for which a final notice of sale has not been 
published.

                        PART III--MISCELLANEOUS

SEC. 351. MINERALS MANAGEMENT SERVICE.

    Title III of the Federal Oil and Gas Royalty Management Act of 1982 
(30 U.S.C. 1751 et seq.) is amended by adding at the end the following:

``SEC. 310. MINERALS MANAGEMENT SERVICE.

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

SEC. 352. PRESERVATION OF GEOLOGICAL AND GEOPHYSICAL DATA.

    Section 351(k) of the Energy Policy Act of 2005 (42 U.S.C. 
15908(k)) is amended by striking ``2010'' and inserting ``2020''.

SEC. 353. ALASKA NATURAL GAS PIPELINE.

    Section 116 of the Alaska Natural Gas Pipeline Act (15 U.S.C. 720n) 
is amended--
            (1) in subsection (a)(3)--
                    (A) in the first sentence, by inserting before the 
                period at the end the following: ``, except that a 
                holder of a certificate may request the Secretary to 
                extend the period to issue Federal guarantee 
                instruments for not more than 180 days following the 
                date of resolution of any reopening, contest, or other 
                proceeding relating to the certificate''; and
                    (B) in the second sentence, by inserting before the 
                period at the end the following: ``, or connecting to 
                pipeline infrastructure capable of delivering 
                commercially economic quantities of natural gas to the 
                continental United States'';
            (2) in subsection (b)--
                    (A) by striking paragraph (2);
                    (B) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively; and
                    (C) in paragraph (2) (as so redesignated), by 
                striking ``and completion guarantees'';
            (3) in subsection (c)(2), by striking ``$18,000,000,000'' 
        and inserting ``$30,000,000,000'';
            (4) in subsection (d)--
                    (A) in the first sentence of paragraph (1), by 
                inserting before the period at the end the following: 
                ``, except that an issued loan guarantee instrument 
                shall apply to not less than 80 percent of project 
                costs unless by previous consent of the borrower''; and
                    (B) in paragraph (2), by striking ``An eligible'' 
                and inserting ``A''; and
            (5) in subsection (g)--
                    (A) by striking paragraph (2);
                    (B) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively; and
                    (C) in paragraph (2) (as so redesignated), by 
                inserting before the period at the end the following: 
                ``under subsection (a)(3), including direct lending 
                from the Federal Financing Bank of all or a part of the 
                amount to the holder, in lieu of a guarantee''.

SEC. 354. DENALI NATIONAL PARK AND PRESERVE NATURAL GAS PIPELINE.

    (a) Definitions.--In this section:
            (1) Appurtenance.--
                    (A) In general.--The term ``appurtenance'' includes 
                cathodic protection or test stations, valves, signage, 
                and buried communication and electric cables relating 
                to the operation of high-pressure natural gas 
                transmission.
                    (B) Exclusions.--The term ``appurtenance'' does not 
                include compressor stations.
            (2) Park.--The term ``Park'' means the Denali National Park 
        and Preserve in the State of Alaska.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Permit.--The Secretary may issue right-of-way permits for--
            (1) a high-pressure natural gas transmission pipeline 
        (including appurtenances) in non-wilderness areas within the 
        boundary of Denali National Park within, along, or near the 
        approximately 7-mile segment of the George Parks Highway that 
        runs through the Park; and
            (2) any distribution and transmission pipelines and 
        appurtenances that the Secretary determines to be necessary to 
        provide natural gas supply to the Park.
    (c) Terms and Conditions.--A permit authorized under subsection 
(b)--
            (1) may be issued only--
                    (A) if the permit is consistent with the laws 
                (including regulations) generally applicable to utility 
                rights-of-way within units of the National Park System;
                    (B) in accordance with section 1106(a) of the 
                Alaska National Interest Lands Conservation Act (16 
                U.S.C. 3166(a)); and
                    (C) if, following an appropriate analysis prepared 
                in compliance with the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.), the route of the 
                right-of-way is the route through the Park with the 
                least adverse environmental effects for the Park; and
            (2) shall be subject to such terms and conditions as the 
        Secretary determines to be necessary.

SEC. 355. EXEMPTION OF TRANS-ALASKA OIL PIPELINE SYSTEM FROM CERTAIN 
              REQUIREMENTS.

    The Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et 
seq.) is amended by adding at the end the following:

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

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

SEC. 356. PROCUREMENT AND ACQUISITION OF ALTERNATIVE FUELS.

    Section 526 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17142) is amended to read as follows:

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

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

SEC. 357. GEOLOGIC MATERIALS ARCHIVING GRANT PROGRAM.

    (a) Findings.--Congress finds that--
            (1) the collection of rock core samples and the well logs 
        relating to the collection of the rock core samples are vital 
        for the exploration, analysis, and eventual production of the 
        oil, natural gas, shale oil, coal, and geothermal resources of 
        the United States;
            (2) the collection and storage of rock core samples over 
        time is expensive and requires large storage facilities;
            (3) because of current fiscal constraints, States are 
        finding it increasingly difficult to afford the storage and 
        maintenance of the geologic record of the United States;
            (4) the loss of any core samples or logs harms the ability 
        of the United States to pinpoint the location of energy sources 
        by downgrading the geologic knowledge;
            (5) the retention of core samples--
                    (A) provides critical data for--
                            (i) the geologic sequestration of carbon 
                        dioxide;
                            (ii) groundwater and aquifer studies for 
                        regional water supplies; and
                            (iii) tracking potential contamination;
                    (B) is important for the siting of deep geologic 
                repositories for the storage of hazardous materials;
                    (C) is vital for--
                            (i) infrastructure development;
                            (ii) the location of construction 
                        materials; and
                            (iii) geohazards mitigation; and
                    (D) provides important data for climate and other 
                historical geology studies; and
            (6) it is unknown what core sample data would be needed for 
        in the future as--
                    (A) new technology becomes available; and
                    (B) our understanding of the ``sub-surface 
                frontier'' evolves.
    (b) Grant Program.--
            (1) In general.--There is established in the Department of 
        the Interior a grant program under which the Secretary of the 
        Interior (referred to in this section as the ``Secretary'') 
        shall provide grants to individual States, State Geologic 
        Surveys, or Regional Consortiums to build, maintain, and 
        operate centers to store geologic samples (including core 
        samples, surface samples, micropaleontology samples, well 
        cuttings, and geochemical samples) collected as a result of oil 
        and gas exploration, mineral exploration, and geotechnical 
        studies and research.
            (2) Application.--To be eligible to receive a grant under 
        paragraph (1), a State shall submit to the Secretary an 
        application in such form, at such time, and containing such 
        information as the Secretary may require.
            (3) Required maintenance.--The Secretary shall not provide 
        a grant to a State under paragraph (1) unless the State agrees 
        to maintain any center provided assistance under this section 
        for at least 20 years after the date on which the grant is 
        provided.
            (4) Amount of grant.--The maximum amount of a grant 
        provided to a State under paragraph (1) shall be $15,000,000.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to provide grants under this section $100,000,000.

          Subtitle E--Public Land Renewable Energy Deployment

SEC. 361. RENEWABLE ENERGY FEDERAL PERMIT COORDINATION.

    Section 365 of the Energy Policy Act of 2005 (42 U.S.C. 15924) is 
amended by adding at the end the following:
    ``(k) Pilot Project Offices to Improve Federal Permit Coordination 
for Renewable Energy.--
            ``(1) Definition of renewable energy.--In this subsection, 
        the term `renewable energy' means energy derived from a wind, 
        solar, or geothermal source.
            ``(2) Field offices.--As part of the Pilot Project, the 
        Secretary shall designate 1 field office of the Bureau of Land 
        Management in each of the following States to serve as 
        Renewable Energy Permit Coordination Offices for coordination 
        of Federal permits for renewable energy projects and 
        transmission involving Federal land facilitating the 
        development of renewable energy:
                    ``(A) Alaska.
                    ``(B) Arizona.
                    ``(C) California.
                    ``(D) Colorado.
                    ``(E) Idaho.
                    ``(F) Oregon.
                    ``(G) New Mexico.
                    ``(H) Nevada.
                    ``(I) Montana.
                    ``(J) Utah.
                    ``(K) Washington.
                    ``(L) Wyoming.
            ``(3) Memorandum of understanding.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of this subsection, the Secretary 
                shall enter into an amended memorandum of understanding 
                under subsection (b) to provide for the inclusion of 
                the additional Renewable Energy Pilot Project Offices 
                in the Pilot Project.
                    ``(B) Signature of secretary.--The Secretary shall 
                be a signatory of the amended memorandum of 
                understanding.
                    ``(C) Signatures by governors.--The Secretary shall 
                request that the Governors of each of the States 
                described in paragraph (2) be signatories to the 
                amended memorandum of understanding.
            ``(4) Designation of qualified staff.--Not later than 30 
        days after the date of the signing of the amended memorandum of 
        understanding, all Federal signatory parties shall, if 
        appropriate, assign to each Renewable Energy Pilot Project 
        Office designated under paragraph (2) an employee described in 
        subsection (c) to carry out duties described in that 
        subsection.
            ``(5) Additional personnel.--The Secretary shall assign to 
        each Renewable Energy Pilot Project Office additional personnel 
        under subsection (f).
            ``(6) Transfer of funds.--To coordinate and process 
        renewable energy authorizations on Federal land under the 
        jurisdiction of a Pilot Project Office designated under 
        paragraph (2), the Secretary may authorize the expenditure or 
        transfer of such funds as are necessary to--
                    ``(A) any Federal agency described in subsection 
                (h); and
                    ``(B) any State described in paragraph (2).
            ``(7) Funding.--
                    ``(A) In general.--The Federal share of any 
                royalties, fees, rentals, bonus bids, or other payments 
                from wind or solar development on land administered by 
                the Secretary shall be deposited in a special fund in 
                the Treasury to be known as the `BLM Wind and Solar 
                Energy Permit Processing Improvement Fund' (referred to 
                in this subsection as `Fund').
                    ``(B) Authorization of appropriations.--There is 
                authorized to be appropriated from the Fund or, to the 
                extent amounts are not available in the Fund, from the 
                Treasury for the costs of administering program 
                operations for wind and solar development under the 
                Public Land Renewable Energy Deployment and Adjustment 
                Act of 2009 and the Federal Land Policy and Management 
                Act of 1976 (43 U.S.C. 1701 et seq.) $10,000,000 for 
                each of fiscal years 2009 through 2019, to remain 
                available without fiscal year limitation until 
                expended.''.

SEC. 362. EXTENSION OF FUNDING FOR IMPLEMENTATION OF GEOTHERMAL STEAM 
              ACT OF 1970.

    (a) In General.--Section 234(a) of the Energy Policy Act of 2005 
(42 U.S.C. 15873(a)) is amended by striking ``in the first 5 fiscal 
years beginning after the date of enactment of this Act'' and inserting 
``for each fiscal year through fiscal year 2020''.
    (b) Authorization.--Section 234(b) of the Energy Policy Act of 2005 
(42 U.S.C. 15873(b)) is amended--
            (1) by striking ``Amounts'' and inserting the following:
            ``(1) In general.--Amounts''; and
            (2) by adding at the end the following:
            ``(2) Authorization.--Effective for fiscal year 2011 and 
        each fiscal year thereafter, amounts deposited under subsection 
        (a) shall be available to the Secretary of the Interior for 
        expenditure, subject to appropriation and without fiscal year 
        limitation, to implement the Geothermal Steam Act of 1970 (30 
        U.S.C. 1001 et seq.) and this Act.''.

SEC. 363. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENTS AND LAND USE 
              PLANNING.

    (a) Public Land.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of the Interior shall--
            (1) complete a programmatic environmental impact statement 
        in accordance with the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) to analyze the potential impacts 
        of--
                    (A) a program to develop solar energy on land 
                administered by the Secretary, acting through the 
                Bureau of Land Management; and
                    (B) any necessary amendments to land use plans for 
                the land; and
            (2) amend any land use plans as appropriate to provide for 
        the development of renewable energy in areas considered 
        appropriate by the Secretary.
    (b) National Forest System Land.--As soon as practicable but not 
later than 18 months after the date of enactment of this Act, the 
Secretary of Agriculture shall--
            (1) complete a programmatic environmental impact statement 
        in accordance with the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) to analyze the potential impacts 
        of--
                    (A) a program to develop solar and wind energy on 
                National Forest System land administered by the 
                Secretary; and
                    (B) any necessary amendments to land use plans for 
                the land; and
            (2) amend any land use plans as appropriate to provide for 
        the development of renewable energy in areas considered 
        appropriate by the Secretary immediately on completion of the 
        programmatic environmental impact statement.
    (c) Effect on Processing Applications.--The requirement for 
completion of programmatic environmental impact statements under this 
section shall not result in any delay in processing applications for 
wind or solar development on land administered by the Secretary of the 
Interior, acting through the Bureau of Land Management, or on National 
Forest System land.

SEC. 364. REPORT.

    (a) Study.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of the Interior, in 
        consultation with the Secretary of Agriculture, shall enter 
        into an arrangement with the National Academy of Sciences under 
        which the Academy shall conduct a study on the siting, 
        development, and management of projects for the production of 
        wind and solar energy on--
                    (A) land available for energy development that is 
                administered by the Secretary of the Interior, acting 
                through the Bureau of Land Management; and
                    (B) National Forest System land administered by the 
                Secretary of Agriculture that is available for energy 
                development.
            (2) Matters to be addressed.--The study shall address--
                    (A) the effectiveness of--
                            (i) laws (including regulations) and 
                        policies in effect on the date of enactment of 
                        this Act in--
                                    (I) facilitating the development of 
                                wind and solar energy projects on the 
                                land; and
                                    (II) ensuring the public receives a 
                                fair return for the use of the land;
                            (ii) policies designed to discourage 
                        speculation in the development of wind and 
                        solar projects on the land;
                            (iii) the land use planning process in 
                        siting wind and solar facilities;
                            (iv) mitigation planning for wind and solar 
                        projects on the land, particularly with respect 
                        to fish and wildlife and water resources;
                            (v) best management practices developed by 
                        the Secretary of the Interior and the Secretary 
                        of Agriculture for wind and solar projects; and
                            (vi) adaptive management of the impacts 
                        associated with wind and solar projects on the 
                        land; and
                    (B) the advantages and disadvantages of using--
                            (i) rights-of-way as a means of authorizing 
                        the use of the Federal land described in 
                        paragraph (1) for wind and solar energy 
                        development; and
                            (ii) a competitive or noncompetitive 
                        leasing system as a means of authorizing the 
                        use of the Federal land described in paragraph 
                        (1) for wind and solar energy development.
    (b) Recommendations.--The study shall--
            (1) analyze the matters described in subsection (a)(2); and
            (2) make recommendations as to--
                    (A) whether a competitive or noncompetitive leasing 
                system would be a more effective means than the system 
                in effect on the date of enactment of this Act to 
                authorize the use of Federal land described in 
                subsection (a)(1) to meet the goals of facilitating the 
                development of wind and solar energy projects while 
                achieving a fair return to the public;
                    (B) the most effective system to authorize the use 
                of Federal land described in subsection (a)(1) to meet 
                the goals of facilitating the development of wind and 
                solar energy projects while achieving a fair return to 
                the public; and
                    (C) changes, if any, to Federal law (including 
                regulations) or policy necessary to address more 
                effectively the siting, development, and management of 
                solar and wind projects on the land.
    (c) Completion of Study.--Not later than 18 months after the date 
of enactment of this Act, the National Academy of Sciences shall--
            (1) submit to the Secretary of the Interior and the 
        Secretary of Agriculture the findings and recommendations of 
        the study required under subsections (a) and (b); and
            (2) on completion of the study, make the results of the 
        study available to the public.
    (d) Report to Congress.--Not later than 180 days after the date of 
receipt of the findings and recommendations of the study under 
subsection (c)(1), the Secretary of the Interior, in consultation with 
the Secretary of Agriculture, shall submit to Congress a report on--
            (1) the findings and recommendations of the study;
            (2) the agreement or disagreement of the Secretaries with 
        respect to each of the findings and recommendations of the 
        National Academy of Sciences;
            (3) the administrative actions to be taken by each of the 
        Secretaries in response to the findings and recommendations; 
        and
            (4) any recommended changes in law.

SEC. 365. RENEWABLE ENERGY DEVELOPMENT ON BROWNFIELD SITES.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Renewable energy.--The term ``renewable energy'' has 
        the meaning given the terms ``existing renewable energy'' and 
        ``new renewable energy'' in section 610 of the Public Utility 
        Regulatory Policies Act of 1978 (as added by section _01(a)).
    (b) Department of Energy and Environmental Protection Agency 
Efforts.--The Secretary, in conjunction with the Administrator, shall--
            (1) in partnership with the National Renewable Energy 
        Laboratory, identify opportunities to prioritize renewable 
        energy development on brownfield sites;
            (2) provide to States, units of local governments, project 
        developers, and other stakeholders publicly available resources 
        identifying potential brownfield sites for renewable energy 
        development, with an emphasis on non-Federal land; and
            (3) provide technical assistance to State and local 
        officials, interested project developers, and other 
        stakeholders to expedite renewable energy production from 
        brownfield sites identified under this subsection, with an 
        emphasis on non-Federal land.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary and Administrator shall submit to Congress a 
report that includes--
            (1) proposals for Federal policies, incentives, or other 
        means of encouraging renewable energy production on sites 
        identified under subsection (b); and
            (2) data on existing and potential job creation from, 
        environmental benefits of, and energy production from renewable 
        energy on brownfield sites.
    (d) Stakeholder Forums.--The Secretary, in conjunction with the 
Administrator, shall conduct stakeholder forums in each region of the 
United States to assist State and local officials, project developers, 
and other stakeholders with renewable energy project siting on 
brownfield sites, with an emphasis on non-Federal land.
    (e) Effect.--Nothing in this section affects existing Federal 
efforts to promote the reuse and redevelopment of brownfield sites.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section for 
each of fiscal years 2011 through 2015.

SEC. 366. DEVELOPMENT OF SOLAR AND WIND ENERGY ON PUBLIC LAND.

    (a) Definitions.--In this section:
            (1) Covered land.--The term ``covered land'' means land 
        that is--
                    (A)(i) public land administered by the Secretary; 
                or
                    (ii) National Forest System land administered by 
                the Secretary of Agriculture; and
            (B) designated for the development of solar or wind energy 
        under a land use plan established under--
                    (i) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.); or
                    (ii) the National Forest Management Act of 1976 (16 
                U.S.C. 1600 et seq.).
            (2) Pilot program.--The term ``pilot program'' means the 
        wind and solar leasing pilot program established under 
        subsection (b).
            (3) Public land.--The term ``public land'' has the meaning 
        given the term ``public lands'' in section 103 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1702).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Pilot Program.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall establish a wind and 
        solar leasing pilot program.
            (2) Selection of sites.--
                    (A) In general.--Not later than 90 days after the 
                date the pilot program is established under this 
                subsection, the Secretary shall select 2 sites that are 
                appropriate for the development of a solar energy 
                project, and 2 sites that are appropriate for the 
                development of a wind energy project, on covered land 
                as part of the pilot program.
                    (B) Site selection.--In carrying out subparagraph 
                (A), the Secretary shall seek to select sites--
                            (i) for which there is likely to be a high 
                        level of industry interest; and
                            (ii) that are representative of sites on 
                        which solar or wind energy is likely to be 
                        developed on covered land.
                    (C) Ineligible sites.--The Secretary shall not 
                select as part of the pilot program any site for which 
                a right-of way for site testing or construction has 
                been issued.
            (3) Lease sales.--
                    (A) In general.--Except as provided in subparagraph 
                (C)(ii), not later than 180 days after the date sites 
                are selected under paragraph (2), the Secretary shall 
                offer each site for competitive leasing to qualified 
                bidders under such terms and conditions as are required 
                by the Secretary.
                    (B) Bidding systems.--In offering the sites for 
                lease, the Secretary--
                            (i) may vary the bidding systems to be used 
                        at each lease sale; but
                            (ii) shall limit bidding to 1 round in any 
                        lease sale.
                    (C) Lease terms.--
                            (i) In general.--As part of the pilot 
                        program, the Secretary may vary the length of 
                        the lease terms and establish such other lease 
                        terms and conditions as the Secretary considers 
                        appropriate.
                            (ii) Data collection.--As part of the pilot 
                        program, the Secretary shall--
                                    (I) offer on a noncompetitive basis 
                                on at least 1 site a short-term lease 
                                for data collection; and
                                    (II) on the expiration of the 
                                short-term lease, offer on a 
                                competitive basis a long-term lease, 
                                giving credit toward the bonus bid to 
                                the holder of the short-term lease for 
                                any qualified expenditures to collect 
                                data to develop the site during the 
                                short-term lease.
            (4) Compliance with laws.--In offering for lease the 
        selected sites under paragraph (3), the Secretary shall comply 
        with all applicable environmental and other laws.
            (5) Report.--The Secretary shall--
                    (A) compile a report of the results of each lease 
                sale under the pilot program, including--
                            (i) the level of competitive interest; and
                            (ii) a summary of bids and revenues 
                        received; and
                    (B) not later than 90 days after the final lease 
                sale, submit to the Committee on Energy and Natural 
                Resources of the Senate and the Committee on Natural 
                Resources of the House of Representatives the report 
                described in subparagraph (A).
            (6) Rights-of-way.--During the pendency of the pilot 
        program, the Secretary shall continue to issue rights-of-way, 
        in compliance with authority in effect on the date of enactment 
        of this Act, for available sites not selected for the pilot 
        program.
    (c) Secretarial Determination.--
            (1) In general.--Not later than 30 months after the date of 
        enactment of this Act, the Secretary shall determine whether to 
        establish a leasing program under this section for wind or 
        solar energy.
            (2) Establishment.--The Secretary shall establish a leasing 
        program if the Secretary determines that the program--
                    (A) is in the public interest; and
                    (B) provides an effective means of developing wind 
                or solar energy on covered land.
            (3) Consultation.--In making the determinations required 
        under this subsection, the Secretary shall consult with--
                    (A) the Secretary of Agriculture;
                    (B) the heads of other relevant Federal agencies;
                    (C) affected States and Indian tribes;
                    (D) representatives of the solar and wind industry;
                    (E) representatives of the environmental and 
                conservation community; and
                    (F) the public.
            (4) Considerations.--In making the determinations required 
        under this subsection, the Secretary shall consider the results 
        of the report provided under subsection (b)(5) and the results 
        of the pilot program.
            (5) Regulations.--Not later than 180 days after the date on 
        which any determination is made to establish a leasing program, 
        the Secretary shall promulgate final regulations to implement 
        the program.
            (6) Report.--If the Secretary determines that a leasing 
        program should not be established, not later than 60 days after 
        the date of the determination, the Secretary shall submit to 
        the Committee on Energy and Natural Resources of the Senate and 
        the Committee on Natural Resources of the House of 
        Representatives a report describing the reasons and findings 
        for the determination.
    (d) Transition.--
            (1) In general.--If the Secretary determines that a leasing 
        program should be established, the Secretary shall continue to 
        provide for the issuance of rights-of-way for the development 
        of wind or solar energy in accordance with each requirement 
        described in title V of the Federal Land Policy and Management 
        Act of 1976 (43 U.S.C. 1761 et seq.) until the program is 
        established and final regulations for the program are 
        promulgated.
            (2) Administration.--The Secretary shall by regulation 
        provide for a reasonable transition from the use of rights-of-
        way to leases, taking into account the status of the project 
        (including whether rights-of-way for testing or construction 
        have been granted or whether a plan of development has been 
        submitted).
    (e) Leasing Program.--If the Secretary determines under subsection 
(c) that a leasing program should be established, the program shall be 
established in accordance with subsections (f) through (l).
    (f) Competitive Leases.--
            (1) In general.--Except as provided in paragraph (2), 
        leases for wind or solar energy development under this section 
        shall be issued on a competitive basis with a single round of 
        bidding in any lease sale.
            (2) Exceptions.--Paragraph (1) shall not apply if the 
        Secretary determines that--
                    (A) no competitive interest exists;
                    (B) the public interest would not be served by the 
                competitive issuance of a lease or right-of-way; or
                    (C) the lease is for the placement and operation of 
                a meteorological or data collection facility or for the 
                development or demonstration of a new wind or solar 
                technology and has a term of not more than 5 years.
    (g) Payments.--
            (1) In general.--The Secretary shall establish royalties, 
        fees, rentals, bonuses, or other payments to ensure a fair 
        return to the United States for any lease issued under this 
        section.
            (2) Bonus bids.--The Secretary may grant credit toward any 
        bonus bid for a qualified expenditure by the holder of a lease 
        described in subsection (f)(2)(C) in any competitive lease sale 
        held for a long-term lease covering the same land covered by 
        the lease described in subsection (f)(2)(C).
            (3) Royalties.--Any lease shall require the payment of a 
        royalty established by the Secretary pursuant to rulemaking 
        that shall be a percentage of the gross proceeds from the sale 
        of electricity at a rate that--
                    (A) encourages production of solar or wind energy; 
                and
                    (B) ensures a fair return to the public comparable 
                to the return that would be obtained on State and 
                private land.
            (4) Royalty relief.--To promote the greatest generation of 
        renewable energy, the Secretary may--
                    (A) reduce any royalty otherwise required on a 
                showing by clear and convincing evidence by the person 
                holding a lease under which the generation of energy 
                has occurred that, without the reduction in royalty, 
                generation would not occur; or
                    (B) provide that no royalty or a reduced royalty is 
                required under a lease for a period not to exceed 5 
                years beginning on the date that generation initially 
                commences.
    (h) Eligibility.--To be eligible to hold a lease under this 
section, a person shall meet the eligibility requirements for leasing 
under the first section of the Mineral Leasing Act (30 U.S.C. 181).
    (i) Requirements.--The Secretary shall ensure that any activity 
under a leasing program is carried out in a manner that--
            (1) is consistent with all applicable land use planning, 
        environmental, and other laws; and
            (2) provides for--
                    (A) safety;
                    (B) protection of the environment;
                    (C) prevention of waste;
                    (D) diligent development of the resource;
                    (E) coordination with applicable Federal agencies;
                    (F) a fair return to the United States for any 
                lease;
                    (G) use of best management practices, including 
                planning and practices for mitigation of impacts;
                    (H) public notice and comment on any proposal 
                submitted for a lease under this section; and
                    (I) oversight, inspection, research, monitoring, 
                and enforcement relating to a lease under this section.
    (j) Lease Duration, Suspension, and Cancellation.--The Secretary 
shall establish terms and conditions for the duration, issuance, 
transfer, renewal, suspension, and cancellation of a lease under this 
section.
    (k) Security.--The Secretary shall require the holder of a lease 
issued under this section--
            (1) to furnish a surety bond or other form of security, as 
        prescribed by the Secretary;
            (2) to provide for the reclamation and restoration of the 
        area covered by the lease; and
            (3) to comply with such other requirements as the Secretary 
        considers necessary to protect the interests of the public and 
        the United States.
    (l) Disposition of Revenues.--The Secretary shall provide for the 
payment of 5 percent of the revenues received by the Federal Government 
as a result of leasing under this section or the issuance of rights-of-
way for wind or solar development under title V of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) to the State 
within which the boundaries of the leased land or right-of-way are 
located.

                       Subtitle F--Carbon Capture

SEC. 371. LARGE-SCALE CARBON STORAGE PROGRAM.

    (a) In General.--Subtitle F of title IX of the Energy Policy Act of 
2005 (42 U.S.C. 16291 et seq.) is amended by inserting after section 
963 (42 U.S.C. 16293) the following:

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

    ``(a) Definitions.--In this section:
            ``(1) Industrial source.--The term `industrial source' 
        means any source of carbon dioxide that is not naturally 
        occurring.
            ``(2) Large-scale.--The term `large-scale' means the 
        injection of over 1,000,000 tons of carbon dioxide each year 
        from industrial sources into a geological formation.
            ``(3) Secretary concerned.--The term `Secretary concerned' 
        means--
                    ``(A) the Secretary of Agriculture (acting through 
                the Chief of the Forest Service), with respect to 
                National Forest System land; and
                    ``(B) the Secretary of the Interior, with respect 
                to land managed by the Bureau of Land Management 
                (including land held for the benefit of an Indian 
                tribe).
    ``(b) Program.--In addition to the research, development, and 
demonstration program authorized by section 963, the Secretary shall 
carry out a program to demonstrate the commercial application of 
integrated systems for the capture, injection, monitoring, and long-
term geological storage of carbon dioxide from industrial sources.
    ``(c) Authorized Assistance.--In carrying out the program, the 
Secretary may enter into cooperative agreements to provide financial 
and technical assistance to up to 10 demonstration projects.
    ``(d) Project Selection.--The Secretary shall competitively select 
recipients of cooperative agreements under this section from among 
applicants that--
            ``(1) provide the Secretary with sufficient geological site 
        information (including hydrogeological and geophysical 
        information) to establish that the proposed geological storage 
        unit is capable of long-term storage of the injected carbon 
        dioxide, including--
                    ``(A) the location, extent, and storage capacity of 
                the geological storage unit at the site into which the 
                carbon dioxide will be injected;
                    ``(B) the principal potential modes of 
                geomechanical failure in the geological storage unit;
                    ``(C) the ability of the geological storage unit to 
                retain injected carbon dioxide; and
                    ``(D) the measurement, monitoring, and verification 
                requirements necessary to ensure adequate information 
                on the operation of the geological storage unit during 
                and after the injection of carbon dioxide;
            ``(2) possess the land or interests in land necessary for--
                    ``(A) the injection and storage of the carbon 
                dioxide at the proposed geological storage unit; and
                    ``(B) the closure, monitoring, and long-term 
                stewardship of the geological storage unit;
            ``(3) possess or have a reasonable expectation of obtaining 
        all necessary permits and authorizations under applicable 
        Federal and State laws (including regulations); and
            ``(4) agree to comply with each requirement of subsection 
        (e).
    ``(e) Terms and Conditions.--The Secretary shall condition receipt 
of financial assistance pursuant to a cooperative agreement under this 
section on the recipient agreeing to--
            ``(1) comply with all applicable Federal and State laws 
        (including regulations), including a certification by the 
        appropriate regulatory authority that the project will comply 
        with Federal and State requirements to protect drinking water 
        supplies;
            ``(2) in the case of industrial sources subject to the 
        Clean Air Act (42 U.S.C. 7401 et seq.), inject only carbon 
        dioxide captured from industrial sources in compliance with 
        that Act;
            ``(3) comply with all applicable construction and operating 
        requirements for deep injection wells;
            ``(4) measure, monitor, and test to verify that carbon 
        dioxide injected into the injection zone is not--
                    ``(A) escaping from or migrating beyond the 
                confinement zone; or
                    ``(B) endangering an underground source of drinking 
                water;
            ``(5) comply with applicable well-plugging, post-injection 
        site care, and site closure requirements, including--
                    ``(A)(i) maintaining financial assurances during 
                the post-injection closure and monitoring phase until a 
                certificate of closure is issued by the Secretary; and
                    ``(ii) promptly undertaking remediation activities 
                for any leak from the geological storage unit that 
                would endanger public health or safety or natural 
                resources; and
                    ``(B) complying with subsection (f);
            ``(6) comply with applicable long-term care requirements;
            ``(7) maintain financial protection in a form and in an 
        amount acceptable to--
                    ``(A) the Secretary;
                    ``(B) the Secretary with jurisdiction over the 
                land; and
                    ``(C) the Administrator of the Environmental 
                Protection Agency; and
            ``(8) provide the assurances described in section 
        963(c)(4)(B).
    ``(f) Post Injection Closure and Monitoring Elements.--In assessing 
whether a project complies with site closure requirements under 
subsection (e)(5), the Secretary, in consultation with the 
Administrator of the Environmental Protection Agency, shall determine 
whether the recipient of financial assistance has demonstrated 
continuous compliance with each of the following over a period of not 
less than 10 consecutive years after the plume of carbon dioxide has 
stabilized within the geologic formation that comprises the geologic 
storage unit following the cessation of injection activities:
            ``(1) The estimated location and extent of the project 
        footprint (including the detectable plume of carbon dioxide and 
        the area of elevated pressure resulting from the project) has 
        not substantially changed and is contained within the geologic 
        storage unit.
            ``(2) The injection zone formation pressure has ceased to 
        increase following cessation of carbon dioxide injection into 
        the geologic storage unit.
            ``(3) There is no leakage of either carbon dioxide or 
        displaced formation fluid from the geologic storage unit that 
        is endangering public health and safety, including underground 
        sources of drinking water and natural resources.
            ``(4) The injected or displaced formation fluids are not 
        expected to migrate in the future in a manner that encounters a 
        potential leakage pathway.
            ``(5) The injection wells at the site completed into or 
        through the injection zone or confining zone are plugged and 
        abandoned in accordance with the applicable requirements of 
        Federal or State law governing the wells.
    ``(g) Indemnification Agreements.--
            ``(1) Definition of liability.--In this subsection, the 
        term `liability' means any legal liability for--
                    ``(A) bodily injury, sickness, disease, or death;
                    ``(B) loss of or damage to property, or loss of use 
                of property; or
                    ``(C) injury to or destruction or loss of natural 
                resources, including fish, wildlife, and drinking water 
                supplies.
            ``(2) Agreements.--Not later than 1 year after the date of 
        the receipt by the Secretary of a completed application for a 
        demonstration project, the Secretary may agree to indemnify and 
        hold harmless the recipient of a cooperative agreement under 
        this section from liability arising out of or resulting from a 
        demonstration project in excess of the amount of liability 
        covered by financial protection maintained by the recipient 
        under subsection (e)(7).
            ``(3) Exception for gross negligence and intentional 
        misconduct.--Notwithstanding paragraph (1), the Secretary may 
        not indemnify the recipient of a cooperative agreement under 
        this section from liability arising out of conduct of a 
        recipient that is grossly negligent or that constitutes 
        intentional misconduct.
            ``(4) Collection of fees.--
                    ``(A) In general.--The Secretary shall collect a 
                fee from any person with whom an agreement for 
                indemnification is executed under this subsection in an 
                amount that is equal to the net present value of 
                payments made by the United States to cover liability 
                under the indemnification agreement.
                    ``(B) Amount.--The Secretary shall establish, by 
                regulation, criteria for determining the amount of the 
                fee, taking into account--
                            ``(i) the likelihood of an incident 
                        resulting in liability to the United States 
                        under the indemnification agreement; and
                            ``(ii) other factors pertaining to the 
                        hazard of the indemnified project.
                    ``(C) Use of fees.--Fees collected under this 
                paragraph shall be deposited in the Treasury and 
                credited to miscellaneous receipts.
            ``(5) Contracts in advance of appropriations.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary The Secretary may enter into agreements of 
                indemnification under this subsection in advance of 
                appropriations and incur obligations without regard to 
                section 1341 of title 31, United States Code (commonly 
                known as the `Anti-Deficiency Act'), or section 11 of 
                title 41, United States Code (commonly known as the 
                `Adequacy of Appropriations Act').
                    ``(B) Limitation.--The amount of indemnification 
                under this subsection shall not exceed $10,000,000,000 
                (adjusted not less than once during each 5-year period 
                following the date of enactment of this section, in 
                accordance with the aggregate percentage change in the 
                Consumer Price Index since the previous adjustment 
                under this subparagraph), in the aggregate, for all 
                persons indemnified in connection with an agreement and 
                for each project, including such legal costs as are 
                approved by the Secretary.
            ``(6) Conditions of agreements of indemnification.--
                    ``(A) In general.--An agreement of indemnification 
                under this subsection may contain such terms as the 
                Secretary considers appropriate to carry out the 
                purposes of this section.
                    ``(B) Administration.--The agreement shall provide 
                that, if the Secretary makes a determination the United 
                States will probably be required to make indemnity 
                payments under the agreement, the Attorney General--
                            ``(i) shall collaborate with the recipient 
                        of an award under this subsection; and
                            ``(ii) may--
                                    ``(I) approve the payment of any 
                                claim under the agreement of 
                                indemnification;
                                    ``(II) appear on behalf of the 
                                recipient;
                                    ``(III) take charge of an action; 
                                and
                                    ``(IV) settle or defend an action.
                    ``(C) Settlement of claims.--
                            ``(i) In general.--The Attorney General 
                        shall have final authority on behalf of the 
                        United States to settle or approve the 
                        settlement of any claim under this subsection 
                        on a fair and reasonable basis with due regard 
                        for the purposes of this subsection.
                            ``(ii) Expenses.--The settlement shall not 
                        include expenses in connection with the claim 
                        incurred by the recipient.
    ``(h) Federal Land.--
            ``(1) In general.--The Secretary concerned may authorize 
        the siting of a project on Federal land under the jurisdiction 
        of the Secretary concerned in a manner consistent with 
        applicable laws and land management plans and subject to such 
        terms and conditions as the Secretary concerned determines to 
        be necessary.
            ``(2) Framework for geological carbon sequestration on 
        public land.--In determining whether to authorize a project on 
        Federal land, the Secretary concerned shall take into account 
        the framework for geological carbon sequestration on public 
        land prepared in accordance with section 714 of the Energy 
        Independence and Security Act of 2007 (Public Law 110-140; 121 
        Stat. 1715).
    ``(i) Acceptance of Title and Long-term Monitoring.--
            ``(1) In general.--As a condition of a cooperative 
        agreement under this section, the Secretary may accept title 
        to, or transfer of administrative jurisdiction from another 
        Federal agency over, any land or interest in land necessary for 
        the monitoring, remediation, or long-term stewardship of a 
        project site.
            ``(2) Long-term monitoring activities.--After accepting 
        title to, or transfer of, a site closed in accordance with this 
        section, the Secretary shall monitor the site and conduct any 
        remediation activities to ensure the geological integrity of 
        the site and prevent any endangerment of public health or 
        safety.
            ``(3) Funding.--There is appropriated to the Secretary, out 
        of funds of the Treasury not otherwise appropriated, such sums 
        as are necessary to carry out paragraph (2).''.
    (b) Conforming Amendments.--
            (1) Section 963 of the Energy Policy Act of 2005 (42 U.S.C. 
        16293) is amended--
                    (A) by redesignating subsections (a) through (d) as 
                subsections (b) through (e), respectively;
                    (B) by inserting before subsection (b) (as so 
                redesignated) the following:
    ``(a) Definitions.--In this section:
            ``(1) Industrial source.--The term `industrial source' 
        means any source of carbon dioxide that is not naturally 
        occurring.
            ``(2) Large-scale.--The term `large-scale' means the 
        injection of over 1,000,000 tons of carbon dioxide from 
        industrial sources over the lifetime of the project.'';
                    (C) in subsection (b) (as so redesignated), by 
                striking ``In General'' and inserting ``Program'';
                    (D) in subsection (c) (as so redesignated), by 
                striking ``subsection (a)'' and inserting ``subsection 
                (b)''; and
                    (E) in subsection (d)(3) (as so redesignated), by 
                striking subparagraph (D).
            (2) Sections 703(a)(3) and 704 of the Energy Independence 
        and Security Act of 2007 (42 U.S.C. 17251(a)(3), 17252) are 
        amended by striking ``section 963(c)(3) of the Energy Policy 
        Act of 2005 (42 U.S.C. 16293(c)(3))'' each place it appears and 
        inserting ``section 963(d)(3) of the Energy Policy Act of 2005 
        (42 U.S.C. 16293(d)(3))''.

SEC. 372. TRAINING PROGRAM FOR STATE AGENCIES.

    (a) Establishment.--The Secretary of Energy, in consultation with 
the Administrator of the Environmental Protection Agency and the 
Secretary of Transportation, shall establish a program to provide 
grants for employee training purposes to State agencies involved in 
permitting, management, inspection, and oversight of carbon capture, 
transportation, and storage projects.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Energy to carry out this section 
$10,000,000 for each of fiscal years 2010 through 2020.

                       Subtitle G--Island Energy

SEC. 381. AFFILIATED ISLAND ENERGY INDEPENDENCE TEAM.

    (a) Definitions.--In this section:
            (1) Affiliated island.--The term ``affiliated island'' 
        means--
                    (A) the Commonwealth of Puerto Rico;
                    (B) Guam;
                    (C) American Samoa;
                    (D) the Commonwealth of the Northern Mariana 
                Islands;
                    (E) the Federated States of Micronesia;
                    (F) the Republic of the Marshall Islands;
                    (G) the Republic of Palau; and
                    (H) the United States Virgin Islands.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy (acting through the Assistant Secretary of Energy 
        Efficiency and Renewable Energy), in consultation with the 
        Secretary of the Interior and the Secretary of State.
            (3) Team.--The term ``team'' means the team established by 
        the Secretary under subsection (b).
    (b) Establishment.--As soon as practicable after the date of 
enactment of this Act, the Secretary shall assemble a team of 
technical, policy, and financial experts to address the energy needs of 
each affiliated island--
            (1) to reduce the reliance and expenditure of each 
        affiliated island on imported fossil fuels;
            (2) to increase the use by each affiliated island of 
        indigenous, nonfossil fuel energy sources;
            (3) to improve the performance of the energy infrastructure 
        of the affiliated island through projects--
                    (A) to improve the energy efficiency of power 
                generation, transmission, and distribution; and
                    (B) to increase consumer energy efficiency;
            (4) to improve the performance of the energy infrastructure 
        of each affiliated island through enhanced planning, education, 
        and training;
            (5) to adopt research-based and public-private partnership-
        based approaches as appropriate;
            (6) to stimulate economic development and job creation; and
            (7) to enhance the engagement by the Federal Government in 
        international efforts to address island energy needs.
    (c) Duties of Team.--
            (1) Energy action plans.--
                    (A) In general.--In accordance with subparagraph 
                (B), the team shall provide technical, programmatic, 
                and financial assistance to each utility of each 
                affiliated island, and the government of each 
                affiliated island, as appropriate, to develop and 
                implement an energy Action Plan for each affiliated 
                island to reduce the reliance of each affiliated island 
                on imported fossil fuels through increased efficiency 
                and use of indigenous clean-energy resources.
                    (B) Requirements.--Each Action Plan described in 
                subparagraph (A) for each affiliated island shall 
                require and provide for--
                            (i) the conduct of 1 or more studies to 
                        assess opportunities to reduce fossil fuel use 
                        through--
                                    (I) the improvement of the energy 
                                efficiency of the affiliated island; 
                                and
                                    (II) the increased use by the 
                                affiliated island of indigenous clean-
                                energy resources;
                            (ii) the identification and implementation 
                        of the most cost-effective strategies and 
                        projects to reduce the dependence of the 
                        affiliated island on fossil fuels;
                            (iii) the promotion of education and 
                        training activities to improve the capacity of 
                        the local utilities of the affiliated island, 
                        and the government of the affiliated island, as 
                        appropriate, to plan for, maintain, and operate 
                        the energy infrastructure of the affiliated 
                        island through the use of local or regional 
                        institutions, as appropriate;
                            (iv) the coordination of the activities 
                        described in clause (iii) to leverage the 
                        expertise and resources of international 
                        entities, the Department of Energy, the 
                        Department of the Interior, and the regional 
                        utilities of the affiliated island;
                            (v) the identification, and development, as 
                        appropriate, of research-based and private-
                        public, partnership approaches to implement the 
                        Action Plan; and
                            (vi) any other component that the Secretary 
                        determines to be necessary to reduce 
                        successfully the use by each affiliated island 
                        of fossil fuels.
            (2) Reports to secretary.--Not later than 1 year after the 
        date on which the Secretary establishes the team and biannually 
        thereafter, the team shall submit to the Secretary a report 
        that contains a description of the progress of each affiliated 
        island in--
                    (A) implementing the Action Plan of the affiliated 
                island developed under paragraph (1)(A); and
                    (B) reducing the reliance of the affiliated island 
                on fossil fuels.
    (d) Use of Regional Utility Organizations.--To provide expertise to 
affiliated islands to assist the affiliated islands in meeting the 
purposes of this section, the Secretary shall consider--
            (1) including regional utility organizations in the 
        establishment of the team; and
            (2) providing assistance through regional utility 
        organizations.
    (e) Annual Reports to Congress.--Not later than 30 days after the 
date on which the Secretary receives a report submitted by the team 
under subsection (c)(2), the Secretary shall submit to the appropriate 
committees of Congress a report that contains a summary of the report 
of the team.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

         TITLE IV--ENERGY INNOVATION AND WORKFORCE DEVELOPMENT

                          Subtitle A--Funding

SEC. 401. AUTHORIZATION OF APPROPRIATIONS FOR ENERGY RESEARCH, 
              DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL APPLICATION 
              ACTIVITIES.

    (a) Energy Efficiency; Distributed Energy and Electric Energy 
Systems; Renewable Energy.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary to carry out research, development, 
        demonstration, and commercial application activities described 
        in paragraph (2)--
                    (A) $1,974,000,000 for fiscal year 2010;
                    (B) $2,388,000,000 for fiscal year 2011;
                    (C) $2,821,000,000 for fiscal year 2012; and
                    (D) $3,258,000,000 for fiscal year 2013.
            (2) Activities.--Paragraph (1) applies to--
                    (A) energy efficiency and conservation research, 
                development, demonstration, and commercial application 
                activities, including activities authorized under 
                subtitle A of title IX of the Energy Policy Act of 2005 
                (42 U.S.C. 16191 et seq.);
                    (B) distributed energy and electric energy system 
                activities, including activities authorized under 
                subtitle B of title IX of that Act (42 U.S.C. 16211 et 
                seq.); and
                    (C) renewable energy research, development, 
                demonstration, and commercial application activities, 
                including activities authorized under subtitle C of 
                title IX of that Act (42 U.S.C. 16231 et seq.).
    (b) Nuclear Energy.--Section 951 of the Energy Policy Act of 2005 
(42 U.S.C. 16271) is amended by striking subsection (b) and inserting 
the following:
    ``(b) Authorization of Appropriations for Core Programs.--There are 
authorized to be appropriated to the Secretary to carry out nuclear 
energy research, development, demonstration, and commercial application 
activities, including activities authorized under this subtitle--
            ``(1) $998,000,000 for fiscal year 2010;
            ``(2) $1,196,000,000 for fiscal year 2011;
            ``(3) $1,394,000,000 for fiscal year 2012; and
            ``(4) $1,592,000,000 for fiscal year 2013.''.
    (c) Fossil Energy.--Section 961(b) of the Energy Policy Act of 2005 
(42 U.S.C. 16291(b)) is amended--
            (1) in paragraph (2), by striking ``and'' after the 
        semicolon at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(4) $1,074,000,000 for fiscal year 2010;
            ``(5) $1,272,000,000 for fiscal year 2011;
            ``(6) $1,470,000,000 for fiscal year 2012; and
            ``(7) $1,668,000,000 for fiscal year 2013.''.
    (d) Office of Science.--Section 971(b) of the Energy Policy Act of 
2005 (42 U.S.C. 16311(b)) is amended--
            (1) in paragraph (3), by striking ``and'' after the 
        semicolon at the end; and
            (2) by striking paragraph (4) and inserting the following:
            ``(4) $5,800,000,000 for fiscal year 2010;
            ``(5) $6,468,740,000 for fiscal year 2011;
            ``(6) $7,214,586,000 for fiscal year 2012; and
            ``(7) $8,046,427,000 for fiscal year 2013.''.

        Subtitle B--Grand Energy Challenges Research Initiative

SEC. 411. GRAND ENERGY CHALLENGES RESEARCH INITIATIVE.

    (a) Establishment.--The Secretary, acting through the Under 
Secretary for Science and the Under Secretary for Energy (referred to 
in this section as the ``Under Secretaries''), shall establish a Grand 
Energy Challenges Research Initiative for the purposes of accelerating 
the solutions to Grand Energy Challenges through the establishment of 
large-scale, multidisciplinary activities that blend research in basic, 
applied, and engineering sciences, technology development, and other 
relevant disciplines.
    (b) Administration.--The Under Secretaries shall initiate large-
scale research activities that bring together the skills and talents of 
multiple investigators to enable high-risk, cross-cutting research of a 
scope and complexity that would not be practicable with individual 
investigators.
    (c) Grand Energy Challenges.--Not later than 180 days after the 
date of enactment of this Act, the Under Secretaries shall publish in 
the Federal Register a description of Grand Challenges in Energy that 
includes--
            (1) the Challenges described in the Basic Research Needs 
        Workshops reports published by the Office of Basic Energy 
        Sciences of the Office of Science of the Department of Energy;
            (2) the Challenges described in the reports entitled 
        ``Directing Matter and Energy: Five Challenges for Science and 
        the Imagination'' and ``New Science for a Secure and 
        Sustainable Energy Future'' of the Basic Energy Sciences 
        Advisory Committee of the Department of Energy; and
            (3) the energy-related Challenges described in the report 
        entitled ``Grand Challenges for Engineering'' of the National 
        Academy of Engineering.
    (d) Grand Challenge Research Grants.--
            (1) In general.--The Department of Energy shall carry out 
        the research activities of the Initiative by competitively 
        awarding grants to, entering into cooperative agreements with, 
        or executing other transactions with (consistent with section 
        1007(g) of the Energy Policy Act of 2005 (42 U.S.C. 7256(g)) 
        consortiums that clearly indicate to the Department the manner 
        by which the proposed research--
                    (A) is motivated by and is designed to address 1 or 
                more of the Grand Energy Challenges described in 
                subsection (c);
                    (B) will contribute to fundamental scientific, 
                engineering, and technology understanding; and
                    (C) will integrate diverse approaches to solving 1 
                or more of the Grand Energy Challenges through a robust 
                management plan designed to achieve success.
            (2) Consortiums.--To be eligible for a Grand Energy 
        Challenge research grant, cooperative agreement, or other 
        transaction, a consortium shall--
                    (A) be made up of 1 or more of the following 
                groups--
                            (i) institutions of higher education;
                            (ii) National Laboratories of the 
                        Department of Energy;
                            (iii) Federally-funded research and 
                        development centers;
                            (iv) private industry; and
                            (v) not-for-profit institutions;
                    (B) be comprised of at least 1 non-Federal entity; 
                and
                    (C) develop a multiyear road map that provides 
                achievable metrics for overcoming the Grand Energy 
                Challenges described in subsection (c).
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to such sums as are necessary to carry out this section 
for each of fiscal years 2010 through 2019.

 Subtitle C--Improvements to Existing Energy Research and Development 
                                Programs

SEC. 421. ADVANCED RESEARCH PROJECTS AGENCY--ENERGY.

    Section 5012 of the America COMPETES Act (42 U.S.C. 16538) is 
amended--
            (1) in subsection (a)(3), by striking ``subsection (m)(1)'' 
        and inserting ``subsection (n)(1)'';
            (2) in subsection (c)(1)(A)--
                    (A) in the matter preceding clause (i), by striking 
                ``energy technologies'' and inserting ``technologies''; 
                and
                    (B) in clause (ii), by striking ``, including 
                greenhouse gases'' and inserting ``and greenhouse gas 
                emissions from all sources'';
            (3) in subsection (e)(1), by striking ``all'' and inserting 
        ``the initiation of'';
            (4) by redesignating subsections (f) through (m) as 
        subsections (g) through (n), respectively;
            (5) by inserting after subsection (e) the following:
    ``(f) Administration.--In carrying out this section, ARPA-E may 
initiate and execute grants, contracts, cooperative agreements, and 
other transactions separate from the Department of Energy.'';
            (6) in subsection (g)(1)(B)(iv) (as redesignated by 
        paragraph (4)), by striking ``subsection (j)'' and inserting 
        ``subsection (k)'';
            (7) in subsection (h)(2) (as redesignated by paragraph 
        (4))--
                    (A) by striking ``2008'' and inserting ``2009''; 
                and
                    (B) by striking ``2011'' and inserting ``2012''; 
                and
            (8) in subsection (l)(1) (as redesignated by paragraph 
        (4)), by striking ``4 years'' and inserting ``7 years''; and
            (9) in subsection (n)(2)(B) (as redesignated by paragraph 
        (4)), by striking ``and 2010'' and inserting ``through 2020''.

SEC. 422. DOMESTIC VEHICLE BATTERY MANUFACTURING RESEARCH.

    The United States Energy Storage Competitiveness Act of 2007 (42 
U.S.C. 17231) is amended--
            (1) by redesignating subsections (l) through (p) as 
        subsections (m) through (q), respectively;
            (2) by inserting after subsection (k) the following:
    ``(l) Domestic Vehicle Battery Manufacturing Research.--
            ``(1) In general.--The Secretary, acting through the 
        Assistant Secretary for Energy Efficiency and Renewable Energy, 
        shall conduct a research program on manufacturing batteries and 
        battery systems to support electric drive vehicles.
            ``(2) Purposes.--The purpose of the program shall be to 
        improve existing processes, or develop new manufacturing 
        processes, to enable higher quality and less expensive energy 
        batteries for electric drive vehicles.
            ``(3) Participants.--The program shall be conducted by 
        teams of researchers, which may include--
                    ``(A) energy storage systems manufacturers;
                    ``(B) material and equipment suppliers of battery 
                and battery system manufacturers;
                    ``(C) electric drive vehicle manufacturers;
                    ``(D) National Laboratories;
                    ``(E) other Federal agencies;
                    ``(F) State and local governments; and
                    ``(G) institutions of higher education.'';
            (3) in subsection (n) (as redesignated by paragraph (1)), 
        by striking ``and (k)'' and inserting ``(k), and (l)''; and
            (4) in subsection (q) (as redesignated by paragraph (1))--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) in paragraph (6), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) the domestic vehicle energy storage manufacturing 
        research program under subsection (l) such sums as are 
        necessary for each of fiscal years 2009 through 2018.''.

SEC. 423. LIGHTWEIGHT MATERIALS RESEARCH AND DEVELOPMENT.

    Section 651 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17241) is amended by striking subsection (b) and inserting the 
following:
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $100,000,000 for the period of 
fiscal years 2010 through 2013.''.

SEC. 424. AMENDMENTS TO THE METHANE HYDRATE RESEARCH AND DEVELOPMENT 
              ACT OF 2000.

    (a) Findings.--Section 2 of the Methane Hydrate Research and 
Development Act of 2000 (30 U.S.C. 2001) is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(6) methane is a powerful greenhouse gas that may be 
        exchanged between terrestrial methane hydrate reservoirs and 
        the atmosphere by natural or anthropogenic processes; and
            ``(7) the short- and long-term release of methane from 
        arctic or marine reservoirs may have significant environmental 
        effects, including global climate change.''.
    (b) Methane Hydrate Research and Development Program.--
            (1) In general.--Section 4 of the Methane Hydrate Research 
        and Development Act of 2000 (30 U.S.C. 2003) is amended by 
        striking subsection (b) and inserting the following:
    ``(b) Grants, Contracts, Cooperative Agreements, Interagency Funds 
Transfer Agreements, and Field Work Proposals.--
            ``(1) Assistance and coordination.--In carrying out the 
        program of methane hydrate research and development authorized 
        by this section, the Secretary may award grants to, or enter 
        into contracts or cooperative agreements with, institutions 
        that--
                    ``(A) conduct basic and applied research to 
                identify, explore, assess, and develop methane hydrate 
                as a commercially viable source of energy;
                    ``(B) identify and characterize methane hydrate 
                resources using remote sensing and seismic data;
                    ``(C) develop technologies required for efficient 
                and environmentally sound development of methane 
                hydrate resources;
                    ``(D) conduct basic and applied research to assess 
                and mitigate the environmental impact of hydrate 
                degassing (including natural degassing and degassing 
                associated with commercial development);
                    ``(E) develop technologies to reduce the risks of 
                drilling through methane hydrates;
                    ``(F) conduct exploratory drilling, well testing, 
                and production testing operations on permafrost and 
                nonpermafrost gas hydrates in support of the activities 
                authorized by this paragraph, including drilling of 3 
                or more full-scale production test wells; or
                    ``(G) expand education and training programs in 
                methane hydrate resource research and resource 
                development through fellowships or other means for 
                graduate education and training.
            ``(2) Environmental monitoring.--The Secretary shall 
        conduct a long-term environmental monitoring program to study 
        the effects of production from methane hydrate reservoirs.
            ``(3) Competitive peer review.--Funds made available under 
        paragraphs (1) and (2) shall be made available based on a 
        competitive process using external scientific peer review of 
        proposed research.''.
            (2) Conforming amendment.--Section 4(e) of the Methane 
        Hydrate Research and Development Act of 2000 (30 U.S.C. 
        2003(e)) is amended in the matter preceding paragraph (1) by 
        striking ``subsection (b)(1)'' and inserting ``paragraphs (1) 
        and (2) of subsection (b)''.
    (c) Authorization of Appropriations.--The Methane Hydrate Research 
and Development Act of 2000 is amended by striking section 7 (30 U.S.C. 
2006) and inserting the following:

``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 425. PROGRAM TO EXPLOIT LOW-BTU GAS AND CONSERVE HELIUM RESOURCES.

    (a) Definition of Low-Btu Gas.--In this section, the term ``low-Btu 
gas'' means a fuel gas with a heating value of less than 250 Btu per 
cubic foot measured as the higher heating value resulting from the 
inclusion of noncombustible gases, including nitrogen, helium, argon, 
and carbon dioxide.
    (b) Authorization.--The Secretary shall support programs of 
research, development, commercial application, and conservation to 
expand the domestic production of low-Btu gas and helium resources, 
including the programs described in subsection (c).
    (c) Programs.--
            (1) Membrane technology research.--The Secretary, in 
        consultation with other appropriate agencies, shall support a 
        civilian research program to develop advanced membrane 
        technology that is used in the separation of gases from 
        applications, including those that--
                    (A) pull off constituent gases that lower the Btu 
                content of natural gas; or
                    (B) pull gases from landfills and separate out 
                methane.
            (2) Helium separation technology.--The Secretary shall 
        support a research program to develop technologies for 
        separating, gathering, and processing helium in low 
        concentrations that occurs naturally in geologic reservoirs or 
        formations, including low-Btu gas production streams.
            (3) Industrial helium program.--The Secretary, working 
        through the Industrial Technologies Program of the Department 
        of Energy, shall support a research program--
                    (A) to develop technologies for recycling, 
                reprocessing, and reusing helium; and
                    (B) to develop industrial gathering technologies to 
                capture helium from other chemical processing, 
                including ammonia processing.
    (d) Incentives for Innovative Technologies.--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:
            ``(11) Low-Btu gas (as defined in section 425(a) of the 
        American Clean Energy Leadership Act of 2009) and helium gas 
        projects.''.

SEC. 426. OFFICE OF ARCTIC ENERGY.

    (a) In General.--Title II of the Department of Energy Organization 
Act (42 U.S.C. 7131 et seq.) is amended by adding at the end the 
following:

``SEC. 218. OFFICE OF ARCTIC ENERGY.

    ``(a) Establishment.--The Secretary may establish within the 
Department an Office of Arctic Energy (referred to in this section as 
the `Office').
    ``(b) Purposes.--The purposes of the Office shall be--
            ``(1) to promote research, development, and deployment of 
        electric power technology that is cost-effective and especially 
        well suited to meet the needs of rural and remote regions of 
        the United States, especially regions in which permafrost is 
        present or located nearby;
            ``(2) to promote research, development, and deployment in 
        regions described in paragraph (1) of--
                    ``(A) enhanced oil recovery technology, including 
                heavy oil recovery, reinjection of carbon, and extended 
                reach drilling technologies;
                    ``(B) gas-to-liquids technology and liquefied 
                natural gas (including associated transportation 
                systems);
                    ``(C) small hydroelectric facilities, river 
                turbines, and tidal power; and
                    ``(D) natural gas hydrates, coal bed methane, and 
                shallow bed natural gas; and
            ``(3) to promote research, development, and deployment in 
        those regions of cold weather of alternative energy research, 
        including wind, geothermal, fuel cells, biomass, ocean 
        hydrokinetic energy, and solar energy.
    ``(c) Location.--The Secretary shall locate the Office at an 
institution of higher education with expertise and experience in the 
matters described in subsection (b).
    ``(d) Annual Reports.--The Secretary shall submit to Congress an 
annual report that describes the research program that is proposed to 
carry out subsection (b)(3).
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section--
            ``(1) $15,000,000 for fiscal year 2010;
            ``(2) $20,000,000 for fiscal year 2011; and
            ``(3) $22,500,000 for fiscal year 2012 and each fiscal year 
        thereafter.''.
    (b) Conforming Amendments.--
            (1) Section 3197 of the Floyd D. Spence National Defense 
        Authorization Act for Fiscal Year 2001 (42 U.S.C. 7144d) is 
        repealed.
            (2) The table of contents in the first section of the 
        Department of Energy Organization Act (42 U.S.C. 7101) is 
        amended by adding at the end of the items relating to title II 
        the following:

``Sec. 218. Office of Arctic Energy.''.

SEC. 427. ULTRA-DEEPWATER AND UNCONVENTIONAL NATURAL GAS AND OTHER 
              PETROLEUM RESOURCES PROGRAM.

    (a) Program.--Section 999A(a) of the Energy Policy Act of 2005 (42 
U.S.C. 16371(a)) is amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
            ``(1) Establishment.--The Secretary''; and
            (2) by adding at the end the following:
            ``(2) Name.--The program established under this section 
        shall be known as the `Unconventional Domestic Natural Gas and 
        Other Petroleum Resources Program'.''.
    (b) Purposes.--Section 999A of the Energy Policy Act of 2005 (42 
U.S.C. 16371) is amended by adding at the end the following:
    ``(f) Purposes.--In carrying out the program authorized by this 
subtitle, the Secretary shall seek to establish partnerships with 
research performers in institutions of higher education and the private 
sector to undertake research and development not likely otherwise to be 
undertaken in the absence of support from the program.''.
    (c) Annual Plan.--Section 999B(e)(3) of the Energy Policy Act of 
2005 (42 U.S.C. 16372(e)(3)) is amended by striking ``The Secretary'' 
and inserting ``Not later than February 1 of each year, the 
Secretary''.
    (d) Form of Award.--Section 999B(f) of the Energy Policy Act of 
2005 (42 U.S.C. 16372(f)) is amended by adding at the end the 
following:
            ``(4) Form of award.--The program consortium may make 
        awards in the form of grants, contracts, cooperative 
        agreements, or other transactions.''.
    (e) Extension.--Section 999F of the Energy Policy Act of 2005 (42 
U.S.C. 16376) is amended by striking ``2014'' and inserting ``2017''.
    (f) Definition of Program Administration Funds.--Section 999G(3) of 
the Energy Policy Act of 2005 (42 U.S.C. 16377(3)) is amended by 
inserting ``the greater of $4,000,000 or'' after ``not to exceed''.
    (g) Funding.--Section 999H(e) of the Energy Policy Act of 2005 (42 
U.S.C. 16378(e)) is amended by striking ``$100,000,000'' and inserting 
``$350,000,000''.

                Subtitle D--Energy Workforce Development

SEC. 431. BEST PRACTICES FOR ENERGY CAREER ACADEMIES.

    Section 3164 of the Department of Energy Science Education 
Enhancement Act (42 U.S.C. 7381a) is amended--
            (1) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Energy Career Academies.--The Director of Science, 
Engineering, and Mathematics Education shall disseminate best practices 
for career pathway programs at public secondary schools that--
            ``(1) prepare students for careers in the energy technology 
        industry (as defined in section 1101 of the Energy Policy Act 
        of 2005 (42 U.S.C. 16411); and
            ``(2) provide sufficient training to allow academy 
        graduates to secure entry-level employment or apprenticeships 
        in the energy technology industry.''.

SEC. 432. ENERGY CAREER ACADEMIES.

    The Department of Energy Science Education Enhancement Act is 
amended--
            (1) by redesignating sections 3168 and 3169 (42 U.S.C. 
        7381d, 7381e) as sections 3169 and 3170, respectively; and
            (2) by inserting after section 3167 (42 U.S.C. 7381c-1) the 
        following:

``SEC. 3168. ENERGY CAREER ACADEMIES.

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

SEC. 433. ENERGY UTILITY TRADES PROGRAM FOR COMMUNITY COLLEGES.

    The Protecting America's Competitive Edge Through Energy Act (42 
U.S.C. 16531 et seq.) is amended--
            (1) by redesignating sections 5006 through 5012 (42 U.S.C. 
        16534 through 16538) as sections 5007 through 5013, 
        respectively; and
            (2) by inserting after section 5005 (42 U.S.C. 16533) the 
        following:

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

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

SEC. 434. STUDENT AWARENESS OF ENERGY CAREER OPPORTUNITIES.

    Section 1101 of the Energy Policy Act of 2005 (42 U.S.C. 16411) is 
amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (1) and (2) as 
                paragraphs (2) and (3), respectively; and
                    (B) by inserting before paragraph (2) (as so 
                redesignated) the following:
            ``(1) Community college.--The term `community college' 
        means--
                    ``(A) a junior or community college (as defined in 
                section 312(f) of the Higher Education Act of 1965 (20 
                U.S.C. 1058(f))); and
                    ``(B) an institution of higher education at which 
                more than 35 percent of all degrees are awarded at the 
                2-year level or below.'';
            (2) by redesignating subsection (d) as subsection (f); and
            (3) by inserting after subsection (c) the following:
    ``(d) Career Counselor Outreach.--The Secretary, in consultation 
with the Secretary of Labor, shall establish a program to communicate 
information collected under subsection (b) on a nationwide basis to--
            ``(1) guidance counselors at secondary schools;
            ``(2) career development offices at community colleges and 
        institutions of higher education; and
            ``(3) principals and district superintendents.
    ``(e) Student Awareness of Energy Career Opportunities.--The 
Secretary shall create and maintain a website, and interface with 
Federal Trio programs, GEAR UP programs, or similar programs, to 
provide secondary and postsecondary school students with information on 
careers in energy technology industries, including--
            ``(1) career information and job descriptions for the 
        energy technology industry;
            ``(2) projected workforce shortages in the energy 
        technology industry;
            ``(3) a comprehensive listing and description of 
        institutions of higher education providing degrees with a 
        specific focus on the energy technology industry;
            ``(4) a comprehensive listing and description of community 
        colleges and career training programs with a particular focus 
        on the energy technology industry; and
            ``(5) sources of scholarships and other forms of financial 
        aid with particular relevance to the energy technology 
        industry.''.

SEC. 435. COORDINATION OF ENERGY WORKFORCE TRAINING PROGRAMS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Director of the Office of Science and Technology 
Policy shall submit to Congress a report that surveys energy workforce 
training programs funded by Federal agencies, including--
            (1) programs for training skilled technical personnel (as 
        defined in section 1101(a) of the Energy Policy Act of 2005 (42 
        U.S.C. 16411(a)));
            (2) undergraduate and graduate degree programs with course 
        curricula related to the production, transmission, and use of 
        energy; and
            (3) secondary school programs with course curricula 
        relating to the production, transmission, and use of energy.
    (b) Coordination Plan.--The plan shall provide--
            (1) a coordinated Federal strategy for supporting the 
        training of a domestic workforce to support the production, 
        transmission, and use of energy in the United States; and
            (2) a 5-year budget profile to support the strategy.

SEC. 436. DIRECT HIRE AUTHORITY.

    (a) In General.--Notwithstanding sections 3304 and 3309 through 
3318 of title 5, United States Code, the Secretary may, upon a 
determination that there is a severe shortage of candidates or a 
critical hiring need for particular positions, recruit and directly 
appoint highly qualified scientists, engineers, or critical technical 
personnel into the competitive service.
    (b) Exception.--The authority granted under subsection (a) shall 
not apply to positions in the excepted service or the Senior Executive 
Service.
    (c) Requirements.--In exercising the authority granted under 
subsection (a), the Secretary shall ensure that any action taken by the 
Secretary--
            (1) is consistent with the merit principles of section 2301 
        of title 5, United States Code; and
            (2) complies with the public notice requirements of section 
        3327 of title 5, United States Code.
    (d) Termination of Effectiveness.--The authority provided by this 
section terminates effective on the date that is 2 years after the date 
of enactment of this Act.

SEC. 437. CRITICAL PAY AUTHORITY.

    (a) In General.--Notwithstanding section 5377 of title 5, United 
States Code, and without regard to the provisions of that title 
governing appointments in the competitive service or the Senior 
Executive Service and chapters 51 and 53 of that title (relating to 
classification and pay rates), the Secretary may establish, fix the 
compensation of, and appoint individuals to critical positions needed 
to carry out the functions of the Department of Energy, if the 
Secretary certifies that--
            (1) the positions--
                    (A) require expertise of an extremely high level in 
                a scientific or technical field; and
                    (B) the Department of Energy would not successfully 
                accomplish an important mission without such an 
                individual; and
            (2) exercise of the authority is necessary to recruit an 
        individual exceptionally well qualified for the position.
    (b) Limitations.--The authority granted under subsection (a) shall 
be subject to the following conditions:
            (1) The number of critical positions authorized by 
        subsection (a) may not exceed 40 at any 1 time in the 
        Department of Energy.
            (2) The term of an appointment under subsection (a) may not 
        exceed 4 years.
            (3) An individual appointed under subsection (a) may not 
        have been a Department of Energy employee within the 2 years 
        prior to the date of appointment.
            (4) Total annual compensation for any individual appointed 
        under subsection (a) may not exceed the highest total annual 
        compensation payable at the rate determined under section 104 
        of title 3, United States Code.
            (5) An individual appointed under subsection (a) may not be 
        considered to be an employee for purposes of subchapter II of 
        chapter 75 of title 5, United States Code.
    (c) Notification.--Each year, the Secretary shall submit to 
Congress a notification that lists each individual appointed under this 
section.

SEC. 438. REEMPLOYMENT OF CIVILIAN RETIREES.

    (a) In General.--Notwithstanding part 553 of title 5, Code of 
Federal Regulations (relating to reemployment of civilian retirees to 
meet exceptional employment needs), or successor regulations, the 
Secretary may approve the reemployment of an individual to a particular 
position without reduction or termination of annuity if the hiring of 
the individual is necessary to carry out a critical function of the 
Department of Energy for which suitably qualified candidates do not 
exist.
    (b) Limitations.--An annuitant hired with full salary and annuities 
under the authority granted by subsection (a)--
            (1) shall not be considered an employee for purposes of 
        subchapter III of chapter 83 and chapter 84 of title 5, United 
        States Code;
            (2) may not elect to have retirement contributions withheld 
        from the pay of the annuitant;
            (3) may not use any employment under this section as a 
        basis for a supplemental or recomputed annuity; and
            (4) may not participate in the Thrift Savings Plan under 
        subchapter III of chapter 84 of title 5, United States Code.
    (c) Limitation on Term.--The term of employment of any individual 
hired under subsection (a) may not exceed an initial term of 2 years, 
with an additional 2-year appointment under exceptional circumstances.

SEC. 439. SUSTAINABLE ENERGY TRAINING PROGRAM FOR COMMUNITY COLLEGES.

    (a) Definition of Community College.--In this Act, the term 
``community college'' means an institution of higher education, as 
defined in section 101(a) of the Higher Education Act of 1965 (20 
U.S.C. 1001(a)), that--
            (1) provides a 2-year program of instruction for which the 
        institution awards an associate degree; and
            (2) primarily awards associate degrees.
    (b) Workforce Training and Education in Sustainable Energy.--From 
funds made available under subsection (d), the Secretary of Energy, in 
coordination with the Secretary of Labor, shall carry out a joint 
sustainable energy workforce training and education program. In 
carrying out the program, the Secretary of Energy, in coordination with 
the Secretary of Labor, shall award grants to community colleges to 
provide workforce training and education in industries and practices 
such as--
            (1) alternative energy, including wind, geothermal, 
        biomass, ocean hydrokinetic energy, and solar energy;
            (2) energy efficient construction, retrofitting, and 
        design;
            (3) sustainable energy technologies, including chemical 
        technology, nanotechnology, and electrical technology;
            (4) water and energy conservation;
            (5) recycling and waste reduction;
            (6) sustainable agriculture and farming; and
            (7) nuclear energy technology.
    (c) Award Considerations.--Of the funds made available under 
subsection (d) for a fiscal year, not less than one-half of such funds 
shall be awarded to community colleges with existing (as of the date of 
the award) sustainability programs that lead to certificates or degrees 
in 1 or more of the industries and practices described in paragraphs 
(1) through (6) of subsection (b).
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000 for each of the 
fiscal years 2010 through 2015.

  Subtitle E--Strengthening Education and Training in the Subsurface 
           Geosciences and Engineering for Energy Development

SEC. 451. DEFINITIONS.

    In this subtitle:
            (1) ABET.--The term ``ABET'' means ABET, Inc., a nationally 
        recognized accreditation organization for college and 
        university engineering programs.
            (2) Advisory committee.--The term ``Advisory Committee'' 
        means the Advisory Committee established under section 457.
            (3) Consortium.--The term ``consortium'' means a research 
        and educational partnership that may include--
                    (A) institutions of higher education;
                    (B) professional societies or foundations;
                    (C) industry associations;
                    (D) individual business entities;
                    (E) State agencies;
                    (F) federally recognized multistate commissions and 
                regional organizations;
                    (G) Federal agencies;
                    (H) national laboratories;
                    (I) nongovernmental organizations; and
                    (J) individuals.
            (4) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (5) Minority-serving institution.--The term ``minority-
        serving institution'' means--
                    (A) a part B institution (as defined in section 322 
                of the Higher Education Act of 1965 (20 U.S.C. 1061));
                    (B) a Hispanic-serving institution (as defined in 
                section 502(a) of that Act (20 U.S.C. 1101a(a)));
                    (C) a Tribal College or University;
                    (D) an Alaska Native-serving institution (as 
                defined in section 317(b) of that Act (20 U.S.C. 
                1059d(b)));
                    (E) a Native Hawaiian-serving institution (as 
                defined in section 317(b) of that Act (20 U.S.C. 
                1059d(b))); and
                    (F) a Native American-serving, nontribal 
                institution (as defined in section 319(b) of that Act 
                (20 U.S.C. 1059f(b))).
            (6) Recognized program.--The term ``recognized program'' 
        means a program at an institution of higher education that is--
                    (A) an engineering program with subsurface 
                applications that is--
                            (i) accredited by the Engineering 
                        Accreditation Committee or Technology 
                        Accreditation Commission of ABET; and
                            (ii) focused on petroleum or natural gas 
                        production, ground water, geothermal resources, 
                        the production of mineral resources, the 
                        development of permanent underground workings, 
                        and the long-term storage of carbon dioxide in 
                        subsurface areas, as demonstrated by the 
                        curriculum and the expertise of its faculty; or
                    (B) a program in geology or geophysics that--
                            (i) includes undergraduate or graduate 
                        programs of research and education applicable 
                        to energy, ground water, and mineral 
                        development;
                            (ii) includes programs of research or 
                        education in exploration for, and production 
                        of, such deposits and resources; and
                            (iii) the Secretary, after review by the 
                        Advisory Committee of the program and its 
                        outcomes, determines to be appropriate for 
                        funding under this subtitle.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) Tribal college or university.--The term ``Tribal 
        College or University'' has the meaning given the term in 
        section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 
        1059c(b)).

SEC. 452. POLICY.

    It is the policy of the United States to maintain and expand the 
human capital needed to preserve and foster the security of 
economically viable clean energy, ground water, and mineral resources 
of the United States, through financial assistance for science and 
technology programs that educate, train, and retrain the personnel 
needed for United States energy, ground water, and mineral resources 
security.

SEC. 453. RESEARCH PERSONNEL AND PROGRAMS.

    (a) In General.--In support of the policy described in section 452, 
the Secretary shall provide research funds to institutions of higher 
education to assist recognized programs in subsurface geosciences and 
engineering, including programs in energy (including geological carbon 
storage), petroleum, ground water, economic geology, mining, and 
mineral and geological engineering education and research.
    (b) Conditions.--All funds provided under subsection (a) shall be--
            (1) directed only to programs recognized by the Secretary; 
        and
            (2) subject to this subtitle.
    (c) Types of Research.--Research conducted using funds provided 
under subsection (a) shall include studies and research--
            (1) to enhance basic science and engineering;
            (2) to provide data to test and improve scientific or 
        engineering hypotheses; and
            (3) to determine scientific or engineering feasibility to 
        enhance discovery, development, and production of energy, 
        ground water, and mineral resources while minimizing 
        environmental impacts.
    (d) Duration of Program; Number of Students.--Each institution of 
higher education receiving funds under subsection (a) shall--
            (1) maintain the program for which the funds are provided 
        for a period of at least 10 years beginning on the date of the 
        last receipt of those funds; and
            (2) take steps described in the application for research 
        funding submitted to the Secretary to increase the number of 
        undergraduate students enrolled in and completing the programs 
        of study in recognized programs with subsurface applications.
    (e) Minority-serving Institutions.--The Secretary shall give 
particular consideration to minority-serving institutions that have an 
established recognized program or that propose to establish a 
recognized program, including by--
            (1) assigning appropriate employees to serve as mentors and 
        adjunct faculty;
            (2) transferring appropriate equipment to the programs; and
            (3) allowing faculty or students at those institutions free 
        access to appropriate Department training.
    (f) Consortia.--Where appropriate, the Secretary may make funds 
available to consortia to conduct projects of broad application that 
could not otherwise be undertaken, including national and regional 
projects in subsurface geosciences and engineering, on the condition 
that funds provided to any consortium shall be given only to a single 
eligible institution of higher education with a recognized program 
which shall be responsible for distribution, monitoring, and reporting 
on the activities of the consortium, as required by the Secretary.

SEC. 454. SCHOLARSHIPS AND FELLOWSHIPS.

    (a) In General.--The Secretary shall provide funds to institutions 
of higher education with recognized programs for the purpose of 
providing merit-based scholarships for undergraduate geoscience or 
engineering education with general subsurface applications, and 
graduate fellowships in the applied geosciences and subsurface 
engineering, including applications relating to--
            (1) petroleum, chemical, mining, geological (such as 
        geological carbon storage), geophysical, ground water, or 
        mineral engineering;
            (2) petroleum geology;
            (3) geothermal geology;
            (4) mining and economic geology;
            (5) petroleum, ground water, and mining geophysics;
            (6) mineral economics;
            (7) hydrogeology or ground water science; or
            (8) produced water treatment and reuse.
    (b) Veterans and Service Members.--In awarding scholarships and 
fellowships under this section, an institution of higher education 
shall give preference to applications from veterans and service members 
who have received or will receive the Afghanistan Campaign Medal or the 
Iraq Campaign Medal as authorized by Public Law 108-234 (10 U.S.C. 1121 
note; 118 Stat. 655) and Executive Order No. 13363.
    (c) Requirements for Receipt of Scholarship or Fellowship.--To 
receive a scholarship or a graduate fellowship, an individual student 
shall--
            (1) be a lawful permanent resident of the United States or 
        a United States citizen or national; and
            (2) agree in writing to complete a course of studies and 
        receive a degree in a recognized program in an area specified 
        in subsection (a).
    (d) Requirements for Retention of Scholarship or Fellowship.--
            (1) In general.--To retain a scholarship or graduate 
        fellowship awarded under this section, an individual shall, as 
        determined by the applicable institution of higher education--
                    (A) continue in 1 of the courses of studies 
                authorized by this section; and
                    (B) remain in good academic standing.
            (2) Reinstatement.--An institution of higher education may 
        allow for reinstatement of a scholarship or graduate fellowship 
        in a case in which an individual failed to maintain good 
        academic standing but subsequently regained such standing.
    (e) Application of Institution of Higher Education.--An institution 
of higher education seeking funds under this section shall describe, in 
the application of the institution of higher education submitted to the 
Secretary for the funding--
            (1) the number of students that would be awarded 
        scholarships or fellowships if the application were to be 
        approved;
            (2) the manner in which those students would be selected; 
        and
            (3) the ways in which the requirements of this section 
        would be enforced.

SEC. 455. CAREER TECHNICAL AND COMMUNITY COLLEGE EDUCATION.

    (a) In General.--The Secretary shall support programs in subsurface 
geosciences and engineering that--
            (1) are focused on technology or skill development and the 
        use of that technology or skills in energy, ground water 
        science or hydrogeology, and mineral production, and related 
        maintenance, operational safety, or energy infrastructure 
        protection and security;
            (2) prepare students for advanced or supervisory roles in 
        the geothermal, petroleum, mining, geological carbon storage, 
        ground water, or mineral mining industries;
            (3) grant an associate's degree, a certificate, or a 
        baccalaureate degree; and
            (4) prepare students for further higher education in the 
        recognized programs.
    (b) Eligible Programs.--
            (1) In general.--Programs that are eligible to receive 
        support under this section are those that provide training for 
        individuals seeking to enter the industries described in 
        subsection (a)(2), such as--
                    (A) joint apprenticeship programs;
                    (B) internships in industry, Federal, State, or 
                tribal offices;
                    (C) research experiences at national laboratories 
                authorized by Federal law; and
                    (D) other programs at institutions of higher 
                education (including community colleges).
            (2) Consideration.--The Secretary shall give particular 
        consideration to supporting programs that provide training for 
        a progressive career path in the industries described in 
        subsection (a)(2).
            (3) Essential support.--The Secretary, after consultation 
        with the Advisory Committee, may offer support to programs that 
        grant degrees or certificates in programs that provide training 
        in disciplines that provide essential support for the 
        industries described in subsection (a)(2), including the 
        disciplines listed in paragraph (4), even if those programs are 
        not purposely designed to provide personnel for the industries 
        described in subsection (a)(2).
            (4) Disciplines.--The disciplines referred to in paragraph 
        (3) are--
                    (A) power transmission and operation;
                    (B) pipeline construction and operation;
                    (C) maintenance and maintenance logistics;
                    (D) construction;
                    (E) manufacturing;
                    (F) transportation and warehousing;
                    (G) technical support activities (including data 
                collection, reduction, and analysis) and laboratory 
                support; and
                    (H) produced water treatment or distribution.
    (c) Additional Requirements.--An institution of higher education 
that receives funds under this section--
            (1) shall demonstrate to the Secretary evidence--
                    (A) of an institutional commitment for the purposes 
                of career technical education; and
                    (B) that the institution of higher education has 
                received or will receive industry cooperation in the 
                form of equipment, employee time, or donations of funds 
                to support the activities carried out under this 
                section;
            (2) shall agree to maintain the programs for which the 
        funding is sought for a period of 10 years beginning on the 
        date on which the institution of higher education receives the 
        funds, unless the Secretary finds that a shorter period of time 
        is appropriate for the local labor market or is required by 
        State authorities; and
            (3) may combine the funds with State funds, and other 
        Federal funds as allowed by applicable law, to carry out 
        programs described in this section, on the condition that the 
        use of funds received under this section is reported to the 
        Secretary not less than annually.
    (d) Advice.--The Secretary shall seek the advice of the Advisory 
Committee in determining the criteria used to carry out this section.

SEC. 456. USE OF FUNDS BY INSTITUTIONS.

    (a) Cost-sharing.--The Secretary--
            (1) shall not require cost-sharing by a non-Federal source 
        for--
                    (A) any research activity that is of a basic or 
                fundamental nature, as determined by the appropriate 
                officer of the Department of the Interior; or
                    (B) any scholarship or fellowship program; and
            (2) shall require appropriate cost-sharing for research and 
        development activities that are of an applied, demonstration, 
        or commercial nature, as so determined.
    (b) Prohibited Uses of Funds.--No funds made available under this 
subtitle shall be applied to--
            (1) the acquisition by purchase or lease of any land or 
        interest in land; or
            (2) the rental, purchase, construction, preservation, or 
        repair of any building.
    (c) Maintenance and Upgrading.--Funds made available under this 
subtitle may be used--
            (1) with the express approval of the Secretary, for 
        proposals to maintain or upgrade existing laboratories, 
        laboratory equipment, or field equipment related to the funded 
        research; and
            (2) for maintaining and upgrading mines, oil and gas 
        drilling rigs, and other appropriate equipment that are used 
        for undergraduate and graduate training and worker safety 
        training and that are owned by--
                    (A) a recognized program funded under this 
                subtitle; or
                    (B) by the institution of higher education in which 
                the recognized program is located.
    (d) Officer.--Each institution of higher education that receives 
funds under this subtitle shall have an officer appointed by the 
governing authority of the institution of higher education who shall--
            (1) receive and account for all funds paid under this 
        subtitle; and
            (2) submit to the Secretary, on or before the first day of 
        September of each year, an annual report that includes--
                    (A) a description of work accomplished and the 
                status of projects underway, together with a detailed 
                statement of the amounts received under this subtitle, 
                during the preceding fiscal year; and
                    (B) an accounting of amounts disbursed on schedules 
                prescribed by the Secretary.
    (e) Public Availability of Information.--All uses, products, 
processes, and other developments resulting from any research, 
demonstration, or experiment funded in whole or in part under this 
subtitle shall be made available promptly to the general public, 
subject to--
            (1) such exceptions or limitations as the Secretary may 
        determine to be necessary in the interest of national security; 
        and
            (2) the applicable Federal law governing patents.

SEC. 457. ADVISORY COMMITTEE.

    (a) Establishment of Advisory Committee.--
            (1) In general.--The Secretary shall establish an Advisory 
        Committee on Geosciences and Geoengineering Education to advise 
        the Secretary in carrying out this subtitle.
            (2) Membership.--
                    (A) Voting members.--The Advisory Committee shall 
                be composed of 19 voting members, including--
                            (i) the Deputy Secretary of the Interior 
                        who shall serve as the Chairperson of the 
                        Advisory Committee; and
                            (ii) not more than 18 additional 
                        individuals, appointed by the Secretary, in 
                        consultation with interested parties, who are 
                        knowledgeable in the fields of energy, 
                        petroleum, geothermal, ground water, mining, 
                        and mineral resources research, including--
                                    (I) 2 individuals who are 
                                university leaders from an institution 
                                of higher education with at least 1 
                                recognized program;
                                    (II) 1 individual who is a 
                                community or technical college 
                                administrator;
                                    (III) 1 individual who is a Tribal 
                                College or University administrator;
                                    (IV) 1 individual who is a career 
                                technical education educator;
                                    (V) 5 individuals who are 
                                representatives equally distributed 
                                from the energy, mining, and aggregate 
                                or ground water industries;
                                    (VI) 1 individual who is a working 
                                miner;
                                    (VII) 1 individual who is a working 
                                oilfield worker;
                                    (VIII) 1 individual who is a 
                                representative of the Interstate Oil 
                                and Gas Compact Commission;
                                    (IX) 1 individual who is a 
                                representative of the Interstate Mining 
                                Compact Commission;
                                    (X) 1 individual who is a 
                                representative of State geologists;
                                    (XI) 2 individuals who are 
                                representatives of the general public; 
                                and
                                    (XII) 1 individual who is an 
                                administrator of a part B institution 
                                (as defined in section 322 of the 
                                Higher Education Act of 1965 (20 U.S.C. 
                                1061)).
                    (B) Nonvoting advisors.--The Chairperson of the 
                Advisory Committee may have present during meetings 
                individuals who shall serve as nonvoting, technical 
                advisors to the Advisory Committee, such as 
                representatives of Federal agencies with responsibility 
                for--
                            (i) energy, ground water, and minerals 
                        resources management;
                            (ii) energy, ground water, and mineral 
                        resource investigations;
                            (iii) energy, ground water, and mineral 
                        commodity information;
                            (iv) international trade in energy, ground 
                        water, and mineral commodities;
                            (v) mining safety regulation and mine 
                        safety research; and
                            (vi) research into the development, 
                        production, and use of energy, ground water, 
                        and mineral commodities.
                    (C) Prohibition on federal government employment.--
                The member of the Advisory Committee appointed under 
                subparagraph (A)(ii) shall not be an employee of the 
                Federal Government.
            (3) Term; vacancies.--
                    (A) Term.--Subject to subparagraph (B), the term of 
                a member the Advisory Committee shall be 3 years.
                    (B) Reappointment.--A member of the Advisory 
                Committee may be appointed for not more than 2 3-year 
                terms.
                    (C) Vacancies.--A vacancy on the Advisory 
                Committee--
                            (i) shall not affect the powers of the 
                        Advisory Committee; and
                            (ii) shall be filled in the same manner as 
                        the original appointment was made.
            (4) Initial meeting.--Not later than 45 days after the date 
        on which all members of the Advisory Committee have been 
        appointed, the Advisory Committee shall hold the initial 
        meeting of the Advisory Committee.
            (5) Meetings.--The Advisory Committee shall meet at the 
        call of the Chairperson but not less than once per year.
            (6) Quorum.--A majority of the members of the Advisory 
        Committee shall constitute a quorum, but a lesser number of 
        members may hold meetings and hearings.
    (b) Duties.--The Advisory Committee--
            (1) shall advise the Secretary on the development and 
        implementation of programs under this subtitle;
            (2) shall, following completion of the report required by 
        section 385(c) of the Energy Policy Act of 2005 (Public Law 
        109-58; 119 Stat. 744)--
                    (A) consider the recommendations of the report;
                    (B) formulate and recommend a national plan for 
                using the fiscal resources provided under this 
                subtitle; and
                    (C) submit the plan to the Secretary for approval 
                and use by the Secretary, as determined by the 
                Secretary, in carrying out this subtitle;
            (3) shall make recommendations to the Secretary regarding 
        the long-term and short-term viability of the faculty at 
        schools with recognized programs; and
            (4) may recommend the awarding of graduate fellowships and 
        postdoctoral fellowships to those students who declare their 
        intent to seek roles as future faculty at the recognized 
        programs.
    (c) Information From Federal Agencies.--
            (1) In general.--The Advisory Committee may secure directly 
        from a Federal agency such information as the Advisory 
        Committee considers necessary to carry out this subtitle.
            (2) Provision of information.--On request of the 
        Chairperson of the Advisory Committee, the head of the agency 
        shall provide the information to the Advisory Committee.
    (d) Advisory Committee Personnel Matters.--
            (1) Travel expenses.--A member of the Advisory Committee 
        shall be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of the duties of the Advisory 
        Committee.
            (2) Detail of federal government employees.--
                    (A) In general.--An employee of the Federal 
                Government may be detailed to the Advisory Committee 
                without reimbursement.
                    (B) Civil service status.--The detail of the 
                employee shall be without interruption or loss of civil 
                service status or privilege.
            (3) Procurement of temporary and intermittent services.--
        The Chairperson of the Advisory Committee may procure temporary 
        and intermittent services in accordance with section 3109(b) of 
        title 5, United States Code, at rates for individuals that do 
        not exceed the daily equivalent of the annual rate of basic pay 
        prescribed for level V of the Executive Schedule under section 
        5316 of that title.

SEC. 458. OFFICE; REGULATIONS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall establish a separate office to administer, and to 
promulgate such regulations as are necessary to carry out, this 
subtitle.

SEC. 459. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this subtitle 
$200,000,000 for each of fiscal years 2010 through 2020, to remain 
available until expended.

SEC. 460. STUDY OF AVAILABILITY OF SKILLED WORKERS.

    Section 1830 of the Energy Policy Act of 2005 (Public Law 109-58; 
119 Stat. 1137) is amended to read as follows:

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

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

                       Subtitle F--Miscellaneous

SEC. 471. OTHER TRANSACTIONS AUTHORITY.

    (a) In General.--Section 646 of the Department of Energy 
Organization Act (42 U.S.C. 7256) is amended by striking subsection (g) 
and inserting the following:
    ``(g) Authority to Enter Into Other Transactions.--
            ``(1) In general.--In addition to any other authority 
        granted to the Secretary to enter into procurement contracts, 
        leases, cooperative agreements, grants, and certain 
        arrangements, the Secretary may enter into other transactions 
        with public agencies, private organizations, or other persons 
        on such terms as the Secretary considers appropriate to further 
        functions vested in the Secretary, including research, 
        development, or demonstration projects.
            ``(2) Advance projects.--Notwithstanding any other 
        provision of law, the Secretary may exercise authority provided 
        under paragraph (1) without regard to section 3324 of title 31, 
        United States Code.
            ``(3) Relationship to other law.--The authority of the 
        Secretary under paragraph (1) shall not be subject to--
                    ``(A) section 9 of the Federal Nonnuclear Energy 
                Research and Development Act of 1974 (42 U.S.C. 5908); 
                or
                    ``(B) section 152 of the Atomic Energy Act of 1954 
                (42 U.S.C. 2182).
            ``(4) Protection of certain information from disclosure.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, disclosure of information described 
                in subparagraph (B) is not required, and may not be 
                compelled, under section 552 of title 5, United States 
                Code, during the 5-year period beginning on the date on 
                which the information is received by the Department.
                    ``(B) Award information.--The information described 
                in this subparagraph is information in the records of 
                the Department that--
                            ``(i) was submitted--
                                    ``(I) to the Department as part of 
                                a competitive or noncompetitive process 
                                with the potential to result in an 
                                award to the person submitting the 
                                information; and
                                    ``(II) in conjunction with a 
                                transaction entered into by the 
                                Secretary pursuant to paragraph (1); 
                                and
                            ``(ii) is--
                                    ``(I) a proposal, proposal 
                                abstract, and supporting documents;
                                    ``(II) a business plan submitted on 
                                a confidential basis; or
                                    ``(III) technical information 
                                submitted on a confidential basis.
            ``(5) Requirements.--
                    ``(A) Selection procedures.--In entering into 
                transactions under paragraph (1), the Secretary shall 
                use such competitive, merit-based selection procedures 
                as the Secretary determines in writing to be 
                practicable.
                    ``(B) Determination.--Before entering into a 
                transaction under paragraph (1), the Secretary shall 
                determine in writing that the use of a standard 
                contract, grant, or cooperative agreement for the 
                project is not feasible or appropriate.
                    ``(C) Cost sharing.--A transaction under paragraph 
                (1) shall be subject to cost sharing in accordance with 
                section 988 of the Energy Policy Act of 2005 (42 U.S.C. 
                16352).
                    ``(D) Limitation on delegation.--The authority of 
                the Secretary under this subsection may be delegated 
                only to an officer of the Department who is appointed 
                by the President by and with the advice and consent of 
                the Senate and may not be redelegated to any other 
                person.
            ``(6) Annual reports.--The Secretary shall submit to 
        Congress an annual report on the use by the Department of 
        authorities under this section.
            ``(7) Report.--
                    ``(A) Definition of nontraditional government 
                contractor.--In this paragraph, the term 
                `nontraditional Government contractor' has the meaning 
                given the term `nontraditional defense contractor' in 
                section 845(f) of the National Defense Authorization 
                Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 
                2371 note).
                    ``(B) Report.--Not later than 2 years after the 
                date of enactment of this subparagraph, and 2 years 
                thereafter, the Comptroller General of the United 
                States shall submit to Congress a report describing--
                            ``(i) the use by the Department of 
                        authorities under this section, including the 
                        ability to attract nontraditional Government 
                        contractors; and
                            ``(ii) whether additional safeguards are 
                        necessary to carry out the authorities.''.
    (b) Implementation.--
            (1) In general.--The final rule of the Department of Energy 
        entitled ``Assistance Regulations'' (71 Fed. Reg. 27158 (May 9, 
        2006)) shall be applicable to transactions under section 646 of 
        the Department of Energy Organization Act (42 U.S.C. 7256) (as 
        amended by subsection (a)).
            (2) Regulations.--The Secretary may revise, supplement, or 
        replace such regulations as the Secretary determines necessary 
        to implement the amendment made by subsection (a).

SEC. 472. DEFINITION OF NATIONAL LABORATORY.

    Section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)) 
is amended by striking subparagraph (P) and inserting the following:
                    ``(P) SLAC National Accelerator Laboratory.''.

SEC. 473. PROTECTION OF RESULTS.

    (a) In General.--Subject to subsection (b) and notwithstanding any 
other provision of law, during a period of not more than 5 years after 
the development of information in any transaction authorized to be 
entered into by the Department of Energy, the Secretary may provide 
appropriate protections against the dissemination of the information, 
including exemption from subchapter II of chapter 5 of title 5, United 
States Code.
    (b) Applicable Information.--This section applies to information 
that--
            (1) results from a transaction entered into by the 
        Secretary pursuant to this title or an amendment made by this 
        title; and
            (2) is of a character that would be protected from 
        disclosure under section 552(b)(4) of title 5, United States 
        Code, if the information had been obtained from a person other 
        than an agent or employee of the Federal Government.

SEC. 474. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND 
              DEVELOPMENT.

    (a) Definition of Marine and Hydrokinetic Renewable Energy.--In 
this section, the term ``marine and hydrokinetic renewable energy'' has 
the meaning given the term in section 632 of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17211).
    (b) Research and Development Program.--Section 633(a) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17212(a)) is amended--
            (1) in paragraph (13), by striking ``; and'' and inserting 
        a semicolon;
            (2) in paragraph (14), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(15)(A) apply advanced systems engineering and system 
        integration methods to identify critical interfaces and develop 
        open standards for marine and hydrokinetic renewable energy;
            ``(B) transfer the resulting intellectual property to 
        industry stakeholders as public information through published 
        interface definitions, standards, and demonstration projects; 
        and
            ``(C) develop incentives for industry to comply with the 
        standards.''.
    (c) Marine-based Energy Device Verification Program.--
            (1) Establishment.--The Secretary shall establish a marine-
        based energy device verification program to provide a bridge 
        from the marine and hydrokinetic renewable energy capture 
        device design and development efforts underway across the 
        industry to commercial deployment of marine and hydrokinetic 
        renewable energy devices.
            (2) Purposes.--The purposes of the program are to fund, 
        facilitate the development and installation of, and evaluate 
        marine and hydrokinetic renewable energy projects, in 
        partnership with Federally Funded Research and Development 
        Centers, and in conjunction with universities and other 
        institutions of higher education, private business entities, 
        and other appropriate organizations, in order--
                    (A) to increase marine and hydrokinetic renewable 
                energy experience; and
                    (B) to build and operate enough candidate devices 
                to obtain statistically significant operating and 
                maintenance data.
            (3) Objectives.--The objectives of the program include--
                    (A) verifying the performance, reliability, 
                maintainability, and cost of new marine and 
                hydrokinetic renewable energy device designs and system 
                components in an operating environment;
                    (B) providing States, regulators, utilities, and 
                other stakeholders with a valid opportunity to test and 
                evaluate marine and hydrokinetic renewable energy 
                technology in new areas;
                    (C) documenting and communicating the experience 
                from those projects for the benefit of utilities, 
                independent power producers, other nonutility 
                generators, device suppliers, and others in the marine 
                and hydrokinetic renewable energy development 
                community; and
                    (D) resolving environmental issues through robust 
                characterization, reliable impact prediction, effective 
                monitoring, development and use of adaptive management, 
                and informing engineering design to improve 
                environmental performance.
    (d) Adaptive Management and Environmental Grant Program.--
            (1) Findings.--Congress finds that--
                    (A) the use of marine and hydrokinetic renewable 
                energy technologies can reduce contributions to global 
                warming;
                    (B) marine and hydrokinetic renewable energy 
                technologies can be produced domestically;
                    (C) marine and hydrokinetic renewable energy is a 
                nascent industry; and
                    (D) the United States must work to promote new 
                renewable energy technologies that reduce contributions 
                to global warming gases and improve domestic energy 
                production.
            (2) Grant program.--
                    (A) In general.--As soon as practicable after the 
                date of enactment of this Act, the Secretary shall 
                establish a program under which the Secretary shall 
                award grants to eligible entities--
                            (i) to advance the development of marine 
                        and hydrokinetic renewable energy;
                            (ii) to help fund the costs of evaluating 
                        the environmental effects of marine and 
                        hydrokinetic renewables before and during the 
                        deployment of demonstration projects;
                            (iii) to help enable the eligible 
                        entities--
                                    (I) to gather and collect the types 
                                of environmental data that are required 
                                when working in a public resource 
                                (including the waterways and oceans of 
                                the United States); and
                                    (II) to monitor the impacts of 
                                demonstration projects and make the 
                                resulting information available for 
                                widespread dissemination to aid future 
                                projects; and
                            (iv) to help fund the cost of advancing 
                        renewable marine and hydrokinetic technologies 
                        in ocean and riverine environments from 
                        demonstration projects to development and 
                        deployment.
                    (B) Application.--To be eligible to receive a grant 
                under this paragraph, an entity shall submit to the 
                Secretary an application at such time, in such manner, 
                and containing such information as the Secretary may 
                require.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $250,000,000 for each of fiscal 
years 2010 through 2021.

                        TITLE V--ENERGY MARKETS

SEC. 501. ENHANCED INFORMATION ON CRITICAL ENERGY SUPPLIES.

    (a) In General.--Section 205 of the Department of Energy 
Organization Act (42 U.S.C. 7135) (as amended by section 145) is 
amended by adding at the end the following:
    ``(o) Collection of Information on Critical Energy Supplies.--
            ``(1) In general.--To ensure transparency of information 
        relating to energy infrastructure and product ownership in the 
        United States and improve the ability to evaluate the energy 
        security of the United States, the Administrator, in 
        consultation with other Federal agencies (as necessary), 
        shall--
                    ``(A) not later than 120 days after the date of 
                enactment of this subsection, develop and provide 
                notice of a plan to collect, in cooperation with the 
                Commodity Futures Trade Commission, information 
                identifying all oil inventories, and other physical oil 
                assets (including all petroleum-based products and the 
                storage of such products in off-shore tankers), that 
                are owned by the 50 largest traders of oil contracts 
                (including derivative contracts), as determined by the 
                Commodity Futures Trade Commission; and
                    ``(B) not later than 90 days after the date on 
                which notice is provided under subparagraph (A), 
                implement the plan described in that subparagraph.
            ``(2) Information.--The plan required under paragraph (1) 
        shall include a description of the plan of the Administrator 
        for collecting company-specific data, including--
                    ``(A) volumes of product under ownership; and
                    ``(B) storage and transportation capacity 
                (including owned and leased capacity).
            ``(3) Protection of proprietary information.--Section 12(f) 
        of the Federal Energy Administration Act of 1974 (15 U.S.C. 
        771(f)) shall apply to information collected under this 
        subsection.
    ``(p) Collection of Information on Storage Capacity for Oil and 
Natural Gas.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of this subsection, the Administrator of the Energy 
        Information Administration shall collect information 
        quantifying the commercial storage capacity for oil and natural 
        gas in the United States.
            ``(2) Updates.--The Administrator shall update annually the 
        information required under paragraph (1).
            ``(3) Protection of proprietary information.--Section 12(f) 
        of the Federal Energy Administration Act of 1974 (15 U.S.C. 
        771(f)) shall apply to information collected under this 
        subsection.
    ``(q) Financial Market Analysis Office.--
            ``(1) Establishment.--There shall be within the Energy 
        Information Administration a Financial Market Analysis Office, 
        headed by a director, who shall report directly to the 
        Administrator of the Energy Information Administration.
            ``(2) Duties.--The Office shall--
                    ``(A) be responsible for analysis of the financial 
                aspects of energy markets;
                    ``(B) review the reports required by section 503(c) 
                of the American Clean Energy Leadership Act of 2009 in 
                advance of the submission of the reports to Congress; 
                and
                    ``(C) not later than 1 year after the date of 
                enactment of this subsection--
                            ``(i) make recommendations to the 
                        Administrator of the Energy Information 
                        Administration that identify and quantify any 
                        additional resources that are required to 
                        improve the ability of the Energy Information 
                        Administration to more fully integrate 
                        financial market information into the analyses 
                        and forecasts of the Energy Information 
                        Administration, including the role of energy 
                        futures contracts, energy commodity swaps, and 
                        derivatives in price formation for oil; and
                            ``(ii) notify the Committee on Energy and 
                        Natural Resources, and the Committee on 
                        Appropriations, of the Senate and the Committee 
                        on Energy and Commerce, and the Committee on 
                        Appropriations, of the House of Representatives 
                        of the recommendations described in clause (i).
            ``(3) Analyses.--The Administrator of the Energy 
        Information Administration shall take analyses by the Office 
        into account in conducting analyses and forecasting of energy 
        prices.''.
    (b) Conforming Amendment.--Section 645 of the Department of Energy 
Organization Act (42 U.S.C. 7255) is amended by inserting ``(15 U.S.C. 
3301 et seq.) and the Natural Gas Act (15 U.S.C. 717 et seq.)'' after 
``Natural Gas Policy Act of 1978''.

SEC. 502. WORKING GROUP ON ENERGY MARKETS.

    (a) Establishment.--There is established a Working Group on Energy 
Markets (referred to in this title as the ``Working Group'').
    (b) Composition.--The Working Group shall be composed of--
            (1) the Secretary;
            (2) the Secretary of the Treasury;
            (3) the Chairman of the Federal Energy Regulatory 
        Commission;
            (4) the Chairman of Federal Trade Commission;
            (5) the Chairman of the Securities and Exchange Commission;
            (6) the Chairman of the Commodity Futures Trading 
        Commission; and
            (7) the Administrator of the Energy Information 
        Administration.
    (c) Chairperson.--The Secretary shall serve as the Chairperson of 
the Working Group.
    (d) Compensation.--A member of the Working Group shall serve 
without additional compensation for the work of the member of the 
Working Group.
    (e) Purpose and Function.--The Working Group shall--
            (1) investigate the effect of increased financial 
        investment in energy commodities on energy prices and the 
        energy security of the United States;
            (2) recommend to the President and Congress laws (including 
        regulations) that may be needed to prevent excessive 
        speculation in energy commodity markets in order to prevent or 
        minimize the adverse impact of excessive speculation on energy 
        prices on consumers and the economy of the United States; and
            (3) review energy security implications of developments in 
        international energy markets.
    (f) Administration.--The Secretary shall provide the Working Group 
with such administrative and support services as may be necessary for 
the performance of the functions of the Working Group.
    (g) Cooperation of Other Agencies.--The heads of Executive 
departments, agencies, and independent instrumentalities shall, to the 
extent permitted by law, provide the Working Group with such 
information as the Working Group requires to carry out this section.
    (h) Consultation.--The Working Group shall consult, as appropriate, 
with representatives of the various exchanges, clearinghouses, self-
regulatory bodies, other major market participants, consumers, and the 
general public.

SEC. 503. STUDY OF REGULATORY FRAMEWORK FOR ENERGY MARKETS.

    (a) Study.--The Working Group shall conduct a study--
            (1) to identify the factors that affect the pricing of 
        crude oil and refined petroleum products, including an 
        examination of the effects of market speculation on prices; and
            (2) to review and assess--
                    (A) existing statutory authorities relating to the 
                oversight and regulation of markets critical to the 
                energy security of the United States; and
                    (B) the need for additional statutory authority for 
                the Federal Government to effectively oversee and 
                regulate markets critical to the energy security of the 
                United States.
    (b) Elements of Study.--The study shall include--
            (1) an examination of price formation of crude oil and 
        refined petroleum products;
            (2) an examination of relevant international regulatory 
        regimes; and
            (3) an examination of the degree to which changes in energy 
        market transparency, liquidity, and structure have influenced 
        or driven abuse, manipulation, excessive speculation, or 
        inefficient price formation.
    (c) Report and Recommendations.--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 
quarterly progress reports during the conduct of the study under this 
section, and a final report not later than 1 year after the date of 
enactment of this Act, that--
            (1) describes the results of the study; and
            (2) provides options and the recommendations of the Working 
        Group for appropriate Federal coordination of oversight and 
        regulatory actions to ensure transparency of crude oil and 
        refined petroleum product pricing and the elimination of 
        excessive speculation, including recommendations on data 
        collection and analysis to be carried out by the Financial 
        Market Analysis Office established by section 205(p) of the 
        Department of Energy Organization Act (42 U.S.C. 7135(p)).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 504. METADATA FORMATS FOR ENERGY PRICES.

    (a) Purpose.--The purpose of this section is to improve the ability 
of retail rate utility customers to compare tariff options by making 
the most up-to-date electric utility tariffs available in an online 
format that can be read and manipulated electronically.
    (b) Tariff Analysis Project Expansion.--The Secretary shall expand 
the Tariff Analysis Project--
            (1) to ensure that the online database of that project can 
        be periodically updated and expanded, as necessary; and
            (2) by redesigning the web interface for the Tariff 
        Analysis Project database (including necessary security) to 
        allow individuals and institutions other than the Lawrence 
        Berkeley National Laboratory to enter tariff data.
    (c) Metadata Formats.--The Secretary and the Federal Energy 
Regulatory Commission shall coordinate to--
            (1) not later than 14 months after the date of enactment of 
        this Act, develop metadata formats for online publication in 
        consultation with the National Laboratories, the utility 
        industry, large energy consumers, the information technology 
        industry, regulatory commissions, and nongovernmental 
        organizations;
            (2) after formats are developed, assist States in adopting 
        and implementing the metadata formats for utility reporting of 
        rate data in the jurisdictions of the utilities (including by 
        working with State public utility commissions and other 
        potential early adopters of the standards);
            (3) develop procedures and supporting software to 
        incorporate tariff data submitted by utilities on a regular 
        basis, convert the tariff data to a metadata format, and 
        compile all available data in a central database based on 
        metadata formats; and
            (4) develop an online web interface site to make available 
        to the public, at no cost, the metadata formats and all data 
        converted to those formats.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary--
            (1) to carry out subsection (b) $500,000 for each of fiscal 
        years 2010 and 2011; and
            (2) to carry out subsection (c) such sums as are necessary 
        for each fiscal year.

SEC. 505. EMERGENCY ORDERS UNDER THE FEDERAL POWER ACT.

    Section 202 of the Federal Power Act (16 U.S.C. 824a) is amended by 
adding at the end the following:
    ``(h) Emergency Orders.--
            ``(1) Definition of emergency.--In this subsection, the 
        term `emergency' means a major disturbance in wholesale 
        electric markets regulated by the Commission that--
                    ``(A) substantially disrupts, or threatens to 
                substantially disrupt, the reliability of service to 
                electric consumers; or
                    ``(B) is characterized by sudden and excessive 
                price fluctuations in wholesale electric markets 
                regulated by the Commission.
            ``(2) Orders.--In an emergency, the Commission may, either 
        on the motion of the Commission or on complaint, without notice 
        or hearing, require by order the temporary suspension or 
        modification of any rate, term, or condition of service on file 
        with the Commission pursuant to this Act that the Commission 
        determines to be necessary--
                    ``(A) to ensure reliability of service to electric 
                consumers; or
                    ``(B) to protect electric consumers from potential 
                abuse of market power or market manipulation in 
                wholesale electric markets regulated by the Commission.
            ``(3) Effective period.--An order under this subsection may 
        remain in effect for not more than 10 days unless extended 
        under paragraph (4).
            ``(4) Extension.--An order under this subsection may be 
        extended for additional periods of not more than 10 days if the 
        Commission determines that--
                    ``(A) the emergency still exists; and
                    ``(B) the continuation of the order is necessary--
                            ``(i) to ensure reliability of service to 
                        electric consumers; or
                            ``(ii) to protect electric consumers from 
                        potential abuse of market power or market 
                        manipulation in wholesale electric markets 
                        regulated by the Commission.
            ``(5) Limitation.--In no event shall an order of the 
        Commission under this subsection continue in effect for more 
        than 30 days.
            ``(6) Review of orders.--
                    ``(A) In general.--An order under this subsection 
                shall be subject to review as provided in section 
                313(b).
                    ``(B) Standard of review.--The reviewing court 
                shall not enter a stay, writ of mandamus, or similar 
                relief unless the court finds, after notice and hearing 
                before a panel of the court, that the action of the 
                Commission is arbitrary, capricious, an abuse of 
                discretion, or otherwise not in accordance with law.
            ``(7) Termination by president.--The President may direct 
        that action taken by the Commission under this subsection shall 
        not continue in effect.''.

SEC. 506. CEASE-AND-DESIST AUTHORITY UNDER THE FEDERAL POWER ACT.

    Section 222 of the Federal Power Act (16 U.S.C. 824v) is amended by 
adding at the end the following:
    ``(c) Cease-and-desist Orders.--
            ``(1) In general.--If the Commission finds, on a proper 
        showing, after notice and opportunity for a hearing, that any 
        entity is manipulating or attempting to manipulate or has 
        manipulated or attempted to manipulate any market for the sale 
        of electric energy at wholesale in interstate commerce in 
        violation of a rule or regulation prescribed by the Commission 
        under subsection (a), the Commission may enter an order 
        requiring the entity to cease and desist from committing the 
        violation.
            ``(2) Proper showing required.--For purposes of this 
        subsection, a proper showing is made by demonstrating that--
                    ``(A) an entity has violated a rule or regulation 
                under subsection (a); and
                    ``(B) there is a likelihood of future violations in 
                the absence of an order under this subsection.
    ``(d) Temporary Orders.--
            ``(1) In general.--If, in any proceeding under subsection 
        (c), the Commission finds that a violation of a rule or 
        regulation prescribed under subsection (a) is likely to result 
        in significant dissipation or conversion of assets, significant 
        harm to electric consumers, or substantial harm to the public 
        interest, the Commission may enter a temporary order requiring 
        the respondent--
                    ``(A) to cease and desist from the violation; and
                    ``(B) to take such action as the Commission 
                determines appropriate pending completion of the 
                proceeding--
                            ``(i) to prevent the violation; and
                            ``(ii) to prevent dissipation or conversion 
                        of assets, significant harm to electric 
                        consumers, or substantial harm to the public 
                        interest.
            ``(2) Notice and hearing.--A temporary order under this 
        subsection shall be entered only after notice and opportunity 
        for a hearing unless the Commission determines that notice and 
        hearing prior to entry would be impracticable or contrary to 
        the public interest.
            ``(3) Effective date.--A temporary order shall--
                    ``(A) become effective on the date of service on 
                the respondent; and
                    ``(B) unless set aside, limited, or suspended by 
                the Commission or a court of competent jurisdiction, 
                remain effective and enforceable pending the completion 
                of the proceedings.
            ``(4) Commission review.--
                    ``(A) In general.--At any time after the respondent 
                has been served with a temporary order under this 
                subsection, the respondent may apply to the Commission 
                to have the order set aside, limited, or suspended.
                    ``(B) Temporary orders without hearings.--If the 
                respondent has been served with a temporary order 
                entered without a prior Commission hearing--
                            ``(i) the respondent may, within 10 days 
                        after the date on which the order was served, 
                        request a hearing on the application; and
                            ``(ii) the Commission shall hold a hearing 
                        and render a decision on the application at the 
                        earliest possible time.
            ``(5) Judicial review.--
                    ``(A) In general.--The respondent may apply to an 
                appropriate United States district court for an order 
                setting aside, limiting, or suspending the 
                effectiveness or enforcement of the order, within--
                            ``(i) 10 days after the date the respondent 
                        was served with a temporary order entered with 
                        a prior Commission hearing; or
                            ``(ii) 10 days after the Commission renders 
                        a decision on an application and hearing under 
                        paragraph (4) with respect to any temporary 
                        order entered without a prior Commission 
                        hearing.
                    ``(B) Jurisdiction.--The United States District 
                Court for the district in which the respondent resides 
                or has its principal place of business, or for the 
                District of Columbia, shall have jurisdiction to enter 
                an order under this paragraph.''.

SEC. 507. CEASE-AND-DESIST AUTHORITY UNDER THE NATURAL GAS ACT.

    Section 4A of the Natural Gas Act (15 U.S.C. 717c-1) is amended--
            (1) by striking the section heading and all that follows 
        through ``It'' and inserting the following:

``SEC. 4A. PROHIBITION ON MARKET MANIPULATION.

    ``(a) In General.--It''; and
            (2) by adding at the end the following:
    ``(b) Cease-and-desist Orders.--
            ``(1) In general.--If the Commission finds, on a proper 
        showing, after notice and opportunity for a hearing, that any 
        entity is manipulating or attempting to manipulate or has 
        manipulated or attempted to manipulate the market for the 
        purchase or sale of natural gas or the purchase or sale of 
        transportation services subject to the jurisdiction of the 
        Commission in violation of a rule or regulation prescribed by 
        the Commission under subsection (a), the Commission may make 
        and enter an order requiring the entity to cease and desist 
        from committing the violation.
            ``(2) Proper showing required.--For purposes of this 
        subsection, a proper showing is made by demonstrating that--
                    ``(A) an entity has violated a rule or regulation 
                under subsection (a); and
                    ``(B) there is a likelihood of future violations in 
                the absence of an order under this subsection.
    ``(c) Temporary Orders.--
            ``(1) In general.--If, in any proceeding under subsection 
        (b), the Commission finds that a violation of a rule or 
        regulation prescribed under subsection (a) is likely to result 
        in significant dissipation or conversion of assets, significant 
        harm to natural gas consumers, or substantial harm to the 
        public interest, the Commission may enter a temporary order 
        requiring the respondent--
                    ``(A) to cease and desist from the violation; and
                    ``(B) to take such action as the Commission 
                determines appropriate pending completion of the 
                proceeding--
                            ``(i) to prevent the violation; and
                            ``(ii) to prevent dissipation or conversion 
                        of assets, significant harm to natural gas 
                        consumers, or substantial harm to the public 
                        interest.
            ``(2) Notice and hearing.--A temporary order under this 
        subsection shall be entered only after notice and opportunity 
        for a hearing unless the Commission determines that notice and 
        hearing prior to entry would be impracticable or contrary to 
        the public interest.
            ``(3) Effective date.--A temporary order shall--
                    ``(A) become effective on the date of service on 
                the respondent; and
                    ``(B) unless set aside, limited, or suspended by 
                the Commission or a court of competent jurisdiction, 
                remain effective and enforceable pending the completion 
                of the proceedings.
            ``(4) Commission review.--
                    ``(A) In general.--At any time after the respondent 
                has been served with a temporary order under this 
                subsection, the respondent may apply to the Commission 
                to have the order set aside, limited, or suspended.
                    ``(B) Temporary orders without hearings.--If the 
                respondent has been served with a temporary order 
                entered without a prior Commission hearing--
                            ``(i) the respondent may, within 10 days 
                        after the date on which the order was served, 
                        request a hearing on the application; and
                            ``(ii) the Commission shall hold a hearing 
                        and render a decision on such application at 
                        the earliest possible time.
            ``(5) Judicial review.--
                    ``(A) In general.--The respondent may apply to an 
                appropriate United States district court for an order 
                setting aside, limiting, or suspending the 
                effectiveness or enforcement of the order, within--
                            ``(i) 10 days after the date the respondent 
                        was served with a temporary order entered with 
                        a prior Commission hearing; or
                            ``(ii) 10 days after the Commission renders 
                        a decision on an application and hearing under 
                        paragraph (4) with respect to any temporary 
                        order entered without a prior Commission 
                        hearing.
                    ``(B) Jurisdiction.--The United States District 
                Court for the district in which the respondent resides 
                or has its principal place of business, or for the 
                District of Columbia, shall have jurisdiction to enter 
                an order under this paragraph.''.

SEC. 508. DE NOVO REVIEW OF CIVIL PENALTIES UNDER THE NATURAL GAS ACT.

    Section 22(b) of the Natural Gas Act (15 U.S.C. 717t-1(b)) is 
amended by inserting before the period at the end the following: ``, in 
accordance with the same provisions as are applicable under section 
31(d) of the Federal Power Act (16 U.S.C. 823b(d)) in the case of civil 
penalties assessed under section 31 of the Federal Power Act (16 U.S.C. 
823b)''.

                  TITLE VI--POLICY STUDIES AND REPORTS

SEC. 601. HELIUM GAS RESOURCE ASSESSMENT.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary of the Interior, acting through the Director 
of the United States Geological Survey, shall--
            (1) in coordination with appropriate heads of State 
        geological surveys, complete a comprehensive national helium 
        gas assessment that identifies and quantifies the quantity of 
        helium in each reservoir, including assessments of the 
        constituent gases found in each helium resource, such as carbon 
        dioxide, nitrogen, and natural gas; and
            (2) 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 describing the results of the 
        assessment.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of the Interior to carry out this section 
$10,000,000 for the period of fiscal years 2010 through 2012.

SEC. 602. POTASH MINERAL RESOURCE ASSESSMENT.

    (a) In General.--The Secretary of the Interior, acting through the 
Director of the United States Geological Survey (referred to in this 
section as the ``Secretary''), shall, in coordination with appropriate 
heads of State geological surveys, complete a comprehensive national 
potash assessment that--
            (1) identifies and quantifies known potash deposits; and
            (2) provides a quantitative assessment of the location and 
        size of undiscovered potash deposits throughout the United 
        States using all available public and private information and 
        data sets.
    (b) Drilling Program.--As part of the assessment under this 
section, the Secretary may carry out a drilling program to supplement 
the geological data relevant to determining the existence of potash.
    (c) Review of Methodology.--As part of the assessment, the 
Secretary, in consultation with the National Academies, shall--
            (1) review the current methodology used to determine 
        measured and indicated reserves of potash on public land; and
            (2) provide recommendations for updating the methodology 
        using the best available technology.
    (d) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Energy and 
Natural Resources, and the Committee on Agriculture, Nutrition, and 
Forestry, of the Senate and the Committee on Natural Resources, and the 
Committee on Agriculture, of the House of Representatives a report 
describing the results of the assessment under this section.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as are necessary to carry out 
this section for each of fiscal years 2010 through 2012.

SEC. 603. BETTER ENERGY STRATEGY FOR TOMORROW.

    (a) Improved Energy Policy Planning.--Section 801 of the Department 
of Energy Organization Act (42 U.S.C. 7321) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by inserting ``and'' after 
                the semicolon at the end; and
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) ensure the participation and cooperation of all 
        relevant Federal agencies in the preparation of the proposed 
        Plan.'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``April 1, 1979, and biennially thereafter,'' 
                and inserting ``February 1, 2010, and quadrennially 
                thereafter,'';
                    (B) in paragraph (1)--
                            (i) by striking ``conservation'' and 
                        inserting ``energy efficiency''; and
                            (ii) by inserting ``reduction or 
                        sequestration of greenhouse gas emissions,'' 
                        after ``environmental protection,'';
                    (C) in paragraph (2), by striking ``conservation'' 
                and inserting ``efficiency'';
                    (D) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively; and
                    (E) by inserting after paragraph (1) the following:
            ``(2) analyze the policies of the Federal Government 
        (including mandates, subsidies, tariffs, and tax policies) that 
        encourage, or have the potential to encourage--
                    ``(A) energy production in the United States;
                    ``(B) energy efficiency in the United States;
                    ``(C) the reduction, avoidance, or sequestration of 
                greenhouse gases in the United States; or
                    ``(D) the reduction of air pollutants in the 
                environment;'';
            (3) in subsection (c)(4), by striking ``conservation 
        practices,'' and inserting ``energy efficiency practices, to 
        reduce or sequester greenhouse gas emissions, to reduce the 
        quantity of air pollutants in the environment, to promote 
        domestic energy production,'';
            (4) in subsection (d), by striking ``insure'' and inserting 
        ``ensure''; and
            (5) by adding at the end the following:
    ``(e) National Academy of Sciences.--The President, acting through 
the Secretary, shall enter into appropriate arrangements with the 
National Academy of Sciences under which the Academy shall--
            ``(1) prepare reports and analyses that may contribute to 
        the development of the proposed Plan;
            ``(2) review the proposed Plan; and
            ``(3) submit to the President and to Congress a report that 
        describes the results of the review of the proposed Plan by the 
        Academy.''.
    (b) Authorization of Appropriations.--Title VIII of the Department 
of Energy Organization Act (42 U.S.C. 7321 et seq.) is amended by 
adding at the end the following:

``SEC. 803. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated--
            ``(1) to the Executive Office of the President, such sums 
        as may be necessary to carry out--
                    ``(A) this title; and
                    ``(B) other activities to provide coordination and 
                integration of national energy and climate policy; and
            ``(2) to the Secretary, such sums as are necessary to carry 
        out section 801(e).''.
    (c) Conforming Amendments.--The table of contents of the Department 
of Energy Organization Act (42 U.S.C. prec. 7101) is amended by adding 
at the end of the items relating to title VIII the following:

``Sec. 803. Authorization of appropriations.''.

SEC. 604. ADDRESSING CLIMATE CHANGE IN CHINA AND INDIA.

    (a) Findings.--Congress finds that--
            (1) the United States, the People's Republic of China, and 
        the Republic of India are some of the world's largest emitters 
        of greenhouse gases;
            (2) a global solution to climate change requires action by 
        all 3 countries that is commensurate with their national 
        circumstances and level of economic development;
            (3) awareness of steps each country is taking to reducing 
        emissions is critical in building confidence in a cooperative 
        approach to climate change; and
            (4) understanding challenges each country faces in reducing 
        emissions can help identify areas of potential collaboration.
    (b) Purposes.--The purposes of this section are--
            (1) to provide Congress and the American public with a 
        better understanding of the steps China and India are taking to 
        reduce greenhouse gas emissions; and
            (2) to identify the means by which the United States can 
        assist China and India in achieving such a reduction.
    (c)  Report.--The Secretary, working with the interagency task 
force established under subsection (d), shall prepare an interagency 
report on climate change and energy policy in the People's Republic of 
China and in the Republic of India.
    (d) Interagency Task Force.--
            (1) Composition.--The Secretary shall establish an 
        interagency task force, which shall consist of--
                    (A) the Secretary;
                    (B) the Secretary of State;
                    (C) the Secretary of Commerce;
                    (D) the Administrator of the Environmental 
                Protection Agency;
                    (E) the Secretary of the Treasury; and
                    (F) the head of any other agency or department who 
                has been selected by the Secretary to participate in 
                the task force.
            (2) Chairperson.--The Secretary shall serve as chairperson 
        of the interagency task force.
    (e) Report Contents.--In preparing the report under subsection (c), 
the interagency task force shall evaluate and include in the report, 
with respect to the People's Republic of China and the Republic of 
India--
            (1) the national or subnational plans, policies, programs, 
        laws, regulations, incentive mechanisms, and other measures 
        that are expected to result in, or have resulted in, reductions 
        in energy use and greenhouse gas emissions, including--
                    (A) a list of such plans, policies, programs, laws, 
                regulations, incentive mechanisms, and other measures;
                    (B) a description of progress made or expected in 
                implementing such plans, policies, programs, laws, 
                regulations, incentive mechanisms, and other measures;
                    (C) estimates of the reductions in energy use and 
                greenhouse gas emissions achieved or expected to be 
                achieved as a result of such plans, policies, programs, 
                laws, regulations, incentive mechanisms, and other 
                measures; and
                    (D) recommended areas in which United States 
                capacity building or other support could assist the 
                People's Republic of China and the Republic of India to 
                improve implementation or compliance with such plans, 
                policies, programs, laws, regulations, incentive 
                mechanisms, or other measures, including proposals for 
                funding such joint activities;
            (2) estimates, based on the most recent information 
        available to the interagency task force from reliable public 
        sources, of the quantity and types of energy used and 
        greenhouse gas emissions;
            (3) a description of the tools, methods, and procedures 
        that are used for collecting and analyzing data regarding 
        energy use and greenhouse gas emissions at the national, 
        provincial, sectoral, and facility level, including--
                    (A) a comparison to the methodologies used by the 
                United States and prevailing international practices;
                    (B) the expected levels of uncertainty regarding 
                the data so collected;
                    (C) the current transparency of such tools, 
                methods, and procedures; and
                    (D) recommended areas in which United States 
                capacity building or other support could assist the 
                People's Republic of China and the Republic of India to 
                improve such tools, methods, and procedures, increase 
                data transparency, and strengthen the relevant 
                governance framework, including proposals for funding 
                such joint activities;
            (4) an assessment of the state of knowledge of 
        international, Chinese, and Indian best and current 
        technologies and practices to--
                    (A) improve the efficiency of coal use in 
                electricity generation;
                    (B) reduce the energy use in industrial facilities, 
                buildings, appliances, electronic equipment, and other 
                sectors, as appropriate;
                    (C) capture and store carbon from facilities that 
                utilize fossil fuels for energy production;
                    (D) produce renewable energy, including wind, 
                solar, small hydro, and geothermal energy; and
                    (E) implement more sustainable transport systems 
                and technologies; and
            (5) the current status of, and opportunities and 
        recommendations for--
                    (A) cooperation on technology transfer, joint 
                research, development, deployment, and clean energy 
                technology trade between the United States, the 
                People's Republic of China, and the Republic of India; 
                and
                    (B) joint opportunities for the development of 
                intellectual property, including proposals for 
                financing such joint activities.
    (f) Submission to Congress.--Not later than 6 months after the date 
of enactment of this Act, the Secretary shall submit the report 
prepared under this section to--
            (1) the Committee on Energy and Natural Resources of the 
        Senate;
            (2) the Committee on Commerce, Science, and Transportation 
        of the Senate;
            (3) the Committee on Environment and Public Works of the 
        Senate;
            (4) the Committee on Foreign Relations of the Senate;
            (5) the Committee on Energy and Commerce of the House of 
        Representatives;
            (6) the Committee on Natural Resources of the House of 
        Representatives; and
            (7) the Committee on Foreign Affairs of the House of 
        Representatives.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary to carry 
out this section.

SEC. 605. CARBON LEAKAGE MITIGATION STUDY.

    (a) Definitions.--In this section:
            (1) Cap-and-trade program.--The term ``cap-and-trade 
        program'' means an economy-wide program enacted by Congress 
        under which greenhouse gas emission allowances are distributed 
        or auctioned to control those emissions under the Clean Air Act 
        (42 U.S.C. 7401 et seq.).
            (2) Carbon leakage.--The term ``carbon leakage'' means any 
        substantial increase (as determined by the Secretary) in 
        greenhouse gas emissions--
                    (A) by a manufacturing facility located in a 
                country without a greenhouse gas emission regulation 
                commensurate to a cap-and-trade program; or
                    (B) that is caused by an incremental cost of 
                production increase in the United States as a result of 
                a domestic cap-and-trade program.
            (3) Greenhouse gas.--The term ``greenhouse gas'' means any 
        gas designated as a greenhouse gas under a cap-and-trade 
        program.
            (4) Output.--The term ``output'' means the total tonnage or 
        other standard unit of production (as determined by the 
        Secretary) produced by a manufacturing facility.
    (b) Industry Productivity and Carbon Leakage Study.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Secretary of Commerce, the Administrator of the Environmental 
        Protection Agency, and the heads of other appropriate Federal 
        departments and agencies, shall conduct a study to characterize 
        the relative risk of carbon leakage and changes in output and 
        investment in United States industrial sectors and subsectors 
        caused by a potential cap-and-trade program implemented in the 
        United States, in the absence of commensurate greenhouse gas 
        emission regulations in other countries.
            (2) Inclusions.--To the maximum extent practicable, the 
        study under paragraph (1) shall include an assessment of--
                    (A) the direct and indirect energy intensity and 
                greenhouse gas intensity of United States industries in 
                relation to gross value-added, cost of production, and 
                total shipment values;
                    (B) the price elasticity of United States 
                industries;
                    (C) the trade elasticity of United States 
                industries;
                    (D) the trade intensity (calculated as imports plus 
                exports, relative to domestic consumption) of United 
                States industries;
                    (E) other qualitative indicators of the ability of 
                United States industries to pass on cost increases to 
                consumers, such as--
                            (i) market structure and concentration;
                            (ii) level of product differentiation;
                            (iii) the availability of close substitutes 
                        for customers; and
                            (iv) factors that constrain the response of 
                        foreign producers to an increase in United 
                        States production costs;
                    (F) the overall risk of carbon leakage, expressed 
                in list form by sector and subsector of the United 
                States economy, resulting from a cap-and-trade program;
                    (G) the manner in which the economic impacts of 
                climate change policies compare to changes over time in 
                other factors affecting production and investment by 
                industries, such as currency exchange rates and other 
                factors the Secretary determines to be relevant; and
                    (H) the highest-priority trading partners of the 
                industries at risk of carbon leakage, listed in order 
                of priority.
            (3) Report.--On completion of the study under this 
        subsection, the Secretary shall submit to Congress a report 
        describing the results of the study, including recommendations 
        regarding data collection activities and subsequent studies by 
        the Secretary, if any.
    (c) Study of Measures to Mitigate Carbon Leakage.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, but not earlier than the date of 
        submission to Congress of the report regarding the 
        competitiveness study under subsection (b)(3), the Secretary, 
        in consultation with the Secretary of Commerce, the 
        Administrator of the Environmental Protection Agency, and the 
        heads of other appropriate Federal departments and agencies, 
        shall conduct a study to evaluate the impact of potential 
        measures, such as emission allowance allocation, border tax 
        adjustments, or other measures, to prevent carbon leakage 
        resulting from a cap-and-trade program.
            (2) Inclusions.--The study under paragraph (1) shall 
        include an assessment of--
                    (A) measures used by other jurisdictions to prevent 
                carbon leakage under regional, national, or 
                multinational climate policies;
                    (B)(i) the projected risk of carbon leakage from 
                United States industries under potential prices on 
                greenhouse gas emissions;
                    (ii) the potential for that risk to be mitigated 
                using measures to prevent leakage; and
                    (iii) realistic scenarios for international climate 
                policy; and
                    (C) the consistency of measures with international 
                trade commitments (including principles of the World 
                Trade Organization).
            (3) Report.--On completion of the study under this 
        subsection, the Secretary shall submit to Congress a report 
        describing the results of the study, including recommendations 
        of the Secretary, if any.

SEC. 606. STUDY OF FOREIGN FUEL SUBSIDIES.

    (a) In General.--The Secretary in consultation with the Secretary 
of State and the Secretary of Commerce, shall conduct a study of 
foreign fuel subsidies, including--
            (1) the impact of the subsidies on global energy supplies, 
        global energy demand, and global economic impacts; and
            (2) recommendations on actions that should be taken to 
        reduce the impact of the subsidies.
    (b) Report.--Not later than 18 months after the date of enactment 
of this Act, the Secretary shall submit to the appropriate committees 
of Congress a report that describes the results of the study conducted 
under this section, including any recommendations.

SEC. 607. ASSESSMENT OF RENEWABLE ENERGY RESOURCES.

    Section 201(b) of the Energy Policy Act of 2005 (42 U.S.C. 
15851(b)) is amended--
            (1) in paragraph (1), by striking ``; and'' and inserting a 
        semicolon;
            (2) by redesignating paragraph (2) as paragraph (4); and
            (3) by inserting after paragraph (1) the following:
            ``(2) with respect to biomass energy resources, 
        consideration of--
                    ``(A) the quantity of biomass needed for thermal 
                applications, biofuels, and biomass-based electricity;
                    ``(B) the highest efficiency energy use of biomass 
                resources; and
                    ``(C) the requirements and costs associated with 
                deployment of biomass energy resources for each 
                application described in subparagraph (A);
            ``(3) estimates of the market penetration for each 
        renewable energy resource that could be accomplished by January 
        1, 2030, by investigating multiple alternative scenarios, 
        including--
                    ``(A) estimates with respect to each renewable 
                energy resource;
                    ``(B) an analysis of the potential of all renewable 
                energy resources; and
                    ``(C) potential impacts associated with the 
                development of each resource and all renewable energy 
                resources in combination; and''.

SEC. 608. EFFICIENCY REVIEW OF ELECTRIC GENERATION FACILITIES.

    (a) Definitions.--In this section:
            (1) Efficiency.--The term ``efficiency'' means the 
        operating efficiency of an electric generation facility as 
        determined by the average annual heat rate of the facility, 
        measured in British thermal units required to generate a 
        kilowatt-hour of electricity from the facility.
            (2) Electric generation facility.--The term ``electric 
        generation facility'' means a coal-fired or natural gas-fired 
        electric generation facility in the United States with a 
        generating capacity that is greater than 50 megawatts.
    (b) Review.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Secretary, in consultation with 
        relevant stakeholders, shall complete an efficiency review to 
        quantify the efficiencies of, and annual carbon dioxide and 
        other emissions from, electric generation facilities in the 
        United States.
            (2) Administration.--In conducting the review, the 
        Secretary shall--
                    (A) analyze efficiency trends over the 5-year 
                period ending on December 31 of the year preceding the 
                year of enactment of this Act; and
                    (B) to the maximum extent practicable, use existing 
                data and information.
            (3) Confidentiality of information.--
                    (A) In general.--In the case of information 
                obtained under this section, the Secretary (including 
                any other officer, employee, or agent of the Department 
                of Energy) and any other person shall not--
                            (i) use the information for a purpose other 
                        than the development or reporting of aggregate 
                        data in a manner such that--
                                    (I) the identity of the person who 
                                supplied the information is not 
                                discernible and is not material to the 
                                intended uses of the information; and
                                    (II) no proprietary information, 
                                trade secret, or other confidential 
                                information is disclosed; or
                            (ii) disclose the information to the 
                        public, unless the information has been 
                        transformed into a statistical or aggregate 
                        form that does not--
                                    (I) allow the identification of the 
                                person who supplied particular 
                                information; or
                                    (II) disclose any proprietary 
                                information, trade secret, or other 
                                confidential information.
                    (B) Penalty.--Any person that violates subparagraph 
                (A) shall be fined or imprisoned, and removed from 
                office or employment, in accordance with section 1905 
                of title 18, United States Code.
    (c) Report.--After providing notice and an opportunity for comment 
but not later than 120 days after the date of completion of the review 
under subsection (b), the Secretary, in consultation with the 
Administrator of the Environmental Protection Agency, shall submit to 
the Committee on Energy and Natural Resources and the Committee on 
Environment and Public Works of the Senate and the Committee on Energy 
and Commerce and the Committee on Science and Technology of the House 
of Representatives a report that--
            (1) identifies technologies, equipment, and processes that 
        are adequately demonstrated to be commercially deployed and 
        could increase the efficiency of the electric generation 
        facilities reviewed;
            (2) identifies the technical, economic, regulatory, 
        environmental, and other obstacles to electric generation 
        facilities undertaking the installation or implementation of 
        the technologies, equipment, or processes described in 
        paragraph (1);
            (3) identifies legislative, administrative, and other 
        actions that could reduce or eliminate the obstacles identified 
        under paragraph (2);
            (4) calculates the effect on total greenhouse gas and other 
        emissions from electric generation facilities that would result 
        from installation or implementation of the technologies, 
        equipment, and processes identified under paragraph (1), 
        assuming output is held constant for the United States in the 
        aggregate and the obstacles identified under paragraph (2) are 
        reduced or eliminated; and
            (5) calculates the effect on greenhouse gas and other 
        emissions per megawatt-hour from electric generation facilities 
        that would result from installation or implementation of the 
        technologies, equipment, and processes identified under 
        paragraph (1), assuming the obstacles identified under 
        paragraph (2) are reduced or eliminated.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $3,000,000 to remain available 
until expended.

SEC. 609. REPORT ON EMISSIONS OF ALTERNATIVE TRANSPORTATION FUELS.

    (a) In General.--In cooperation with the Administrator of the 
Environmental Protection Agency, the Secretary of Defense, the 
Administrator of the Federal Aviation Administration, and the Secretary 
of Health and Human Services, the Secretary shall--
            (1) carry out a research and demonstration program to 
        evaluate the emissions from the use of alternative 
        transportation fuels;
            (2) evaluate the effect of using alternative transportation 
        fuels on land and air engine exhaust emissions; and
            (3) in accordance with subsection (e), submit to Congress a 
        report on the effect on air quality and public health of using 
        alternative fuels in the transportation sector.
    (b) Guidance and Technical Support.--The Secretary shall issue any 
guidance or technical support documents necessary to facilitate the 
effective use of alternative transportation fuels and blends under this 
section.
    (c) Facilities.--For the purpose of evaluating the emissions of 
alternative transportation fuels, the Secretary shall engage research 
centers for alternative fuels in the evaluation and preparation of the 
report required under subsection (a)(3).
    (d) Requirements.--The program described in subsection (a)(1) shall 
consider--
            (1) the use of alternative transportation fuels and blends 
        for heavy-duty and light-duty diesel engines and the aviation 
        sector; and
            (2) the production costs associated with domestic 
        production of those fuels and prices for consumers.
    (e) Reports.--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--
            (1) not later than 180 days after the date of enactment of 
        this Act, an interim report on actions taken to carry out this 
        section; and
            (2) not later than 1 year after the date of enactment of 
        this Act, a final report on actions taken to carry out this 
        section.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 610. OIL SAVINGS.

    (a) Findings.--Congress finds that--
            (1) the United States imports more foreign oil from the 
        Middle East today than before the attacks on the United States 
        on September 11, 2001;
            (2) the United States remains the most oil-dependent 
        industrialized nation in the world, consuming approximately 25 
        percent of the oil supply of the world;
            (3) the ongoing dependence of the United States on foreign 
        oil is one of the greatest threats to the national security and 
        economy of the United States; and
            (4) the United States needs to take transformative steps to 
        wean itself from its addiction to foreign oil.
    (b) Policy on Reducing Oil Dependence.--It is the policy of the 
United States to reduce the dependence of the United States on foreign 
oil, and thereby--
            (1) alleviate the strategic dependence of the United States 
        on foreign oil-producing countries;
            (2) reduce the economic vulnerability of the United States; 
        and
            (3) reduce the greenhouse gas emissions associated with oil 
        use.
    (c) Oil Savings Report.--
            (1) In general.--Not later than 270 days after the date of 
        enactment of this Act and every 3 years thereafter, an 
        interagency task force composed of the Secretary of Energy and 
        the head of any other agency that the President determines to 
        be appropriate (referred to in this section as the 
        ``Interagency Task Force'') shall submit to Congress a report 
        that--
                    (A) describes options for agency action that, when 
                taken together, would save from the baseline determined 
                under paragraph (4)--
                            (i) 2,500,000 barrels of oil per day on 
                        average during calendar year 2016;
                            (ii) 7,000,000 barrels of oil per day on 
                        average during calendar year 2026; and
                            (iii) 10,000,000 barrels of oil per day on 
                        average during calendar year 2030; and
                    (B) analyzes for all Federal agencies--
                            (i) the expected oil savings from the 
                        baseline to be accomplished by--
                                    (I) chapter 329 of title 49, United 
                                States Code (including regulations 
                                promulgated to carry out that chapter); 
                                and
                                    (II) section 211(o) of the Clean 
                                Air Act (42 U.S.C. 7545(o)) (including 
                                regulations promulgated to carry out 
                                section 211(o) of that Act); and
                            (ii) whether the options described in 
                        subparagraph (A), taken together with expected 
                        oil savings described in clause (i), will 
                        achieve the oil savings specified in 
                        subparagraph (A).
            (2) Contents.--Each report shall--
                    (A) be consistent with the policy under subsection 
                (b);
                    (B) include only options directly related to 
                reduced oil consumption;
                    (C) include a description of the advantages and 
                disadvantages (including implications for national 
                security) for each option; and
                    (D) not include options that would increase 
                lifecycle greenhouse gas emissions above levels in 
                effect on the date of enactment of this Act.
            (3) Additional legislative authority.--Each report may 
        include a request to Congress for any additional legislative 
        authority that is necessary to implement any recommendations 
        made in the report.
            (4) Baseline.--In performing the analyses required for the 
        report, the Interagency Task Force shall--
                    (A) determine oil savings as the projected 
                reduction in oil consumption from the baseline 
                established by the reference case contained in the 
                report of the Energy Information Administration 
                entitled ``Annual Energy Outlook 2009'';
                    (B) determine the oil savings projections required 
                on an annual basis for each of calendar years 2009 
                through 2030; and
                    (C) account for any overlap among implementation 
                actions to ensure that the projected oil savings from 
                all the recommendations, taken together, are as 
                accurate as practicable.
    (d) Annual Report on Oil Savings Measures.--Not later than 1 year 
after the date of initial oil savings report under subsection (c) and 
annually thereafter, the Secretary of Energy shall submit to Congress a 
report that estimates the quantity of oil actually saved by the oil 
savings measures that the Federal Government has implemented during the 
prior year.
    (e) Relationship to Other Laws.--Nothing in this section affects 
the authority provided or responsibility delegated under any other law.
                                                       Calendar No. 110

111th CONGRESS

  1st Session

                                S. 1462

                          [Report No. 111-48]

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                                 A BILL

    To promote clean energy technology development, enhanced energy 
    efficiency, improved energy security, and energy innovation and 
             workforce development, and for other purposes.

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                             July 16, 2009

                 Read twice and placed on the calendar
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