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Sec. 1312. National Academy of Sciences report. 
Sec. 1313. Report on research and development program evaluation methodolo-
gies. 
Sec. 1314. Transmission system monitoring study. 
Sec. 1315. Interagency review of competition in the wholesale and retail markets 
for electric energy. 
Sec. 1316. Study on the benefits of economic dispatch. 
Sec. 1317. Study of rapid electrical grid restoration. 
Sec. 1318. Study of distributed generation. 
Sec. 1319. Study on inventory of petroleum and natural gas storage. 
Sec. 1320. Natural gas supply shortage report. 
Sec. 1321. Split-estate Federal oil and gas leasing and development practices. 
Sec. 1322. Resolution of Federal resource development conflicts in the Powder 
River Basin. 
Sec. 1323. Study of energy efficiency standards. 
Sec. 1324. Telecommuting study. 
Sec. 1325. Oil bypass filtration technology. 
Sec. 1326. Total integrated thermal systems. 
Sec. 1327. University collaboration. 
Sec. 1328. Hydrogen participation study. 
Sec. 1329. Overall employment in a hydrogen economy. 
Sec. 1330. Study of best management practices for energy research and develop-
ment programs. 
Sec. 1331. Effect of electrical contaminants on reliability of energy production 
systems. 
Sec. 1332. Alternative fuels reports. 
Sec. 1333. Final action on refunds for excessive charges. 
Sec. 1334. Fuel cell and hydrogen technology study. 
Sec. 1335. Passive solar technologies. 
Sec. 1336. Study of link between energy security and increases in vehicle miles 
traveled. 
Sec. 1337. Study of availability of skilled workers. 
Sec. 1338. Science Study on Cumulative Impacts of Multiple Offshore Liquefied 
Natural Gas Facilities. 
TITLE XIV—INCENTIVES FOR INNOVATIVE TECHNOLOGIES 
Sec. 1401. Definitions. 
Sec. 1402. Terms and conditions. 
Sec. 1403. Eligible projects. 
Sec. 1404. Authorization of appropriations. 
TITLE XV—ENERGY POLICY TAX INCENTIVES 
Sec. 1500. Short title; amendment of 1986 Code. 
Subtitle A—Electricity Infrastructure 
Sec. 1501. Extension and modification of renewable electricity production credit. 
Sec. 1502. Application of section 45 credit to agricultural cooperatives. 
Sec. 1503 Expansion of resources to wave, current, tidal, and ocean thermal en-
ergy. 
Sec. 1504. Clean renewable energy bonds. 
Sec. 1505. Treatment of income of certain electric cooperatives. 
Sec. 1506. Dispositions of transmission property to implement FERC restruc-
turing policy.
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Sec. 1507. Credit for production from advanced nuclear power facilities. 
Sec. 1508. Credit for investment in clean coal facilities. 
Sec. 1509. Clean energy coal bonds. 
Subtitle B—Domestic Fossil Fuel Security 
Sec. 1511. Credit for investment in clean coke/cogeneration manufacturing facili-
ties. 
Sec. 1512. Temporary expensing for equipment used in refining of liquid fuels. 
Sec. 1513. Pass through to patrons of deduction for capital costs incurred by 
small refiner cooperatives in complying with Environmental 
Protection Agency sulfur regulations. 
Sec. 1514. Modifications to enhanced oil recovery credit. 
Sec. 1515. Natural gas distribution lines treated as 15-year property. 
Subtitle C—Conservation and Energy Efficiency Provisions 
Sec. 1521. Energy efficient commercial buildings deduction. 
Sec. 1522. Credit for construction of new energy efficient homes. 
Sec. 1523. Deduction for business energy property. 
Sec. 1524. Credit for certain nonbusiness energy property. 
Sec. 1525. Energy credit for combined heat and power system property. 
Sec. 1526. Credit for energy efficient appliances. 
Sec. 1527. Credit for residential energy efficient property. 
Sec. 1528. Credit for business installation of qualified fuel cells and stationary 
microturbine power plants. 
Sec. 1529. Business solar investment tax credit. 
Subtitle D—Alternative Motor Vehicles and Fuels Incentives 
Sec. 1531. Alternative motor vehicle credit. 
Sec. 1532. Modification of credit for qualified electric vehicles. 
Sec. 1533. Credit for installation of alternative fueling stations. 
Sec. 1534. Volumetric excise tax credit for alternative fuels. 
Sec. 1535. Extension of excise tax provisions and income tax credit for biodiesel. 
Subtitle E—Additional Energy Tax Incentives 
Sec. 1541. 10-year recovery period for underground natural gas storage facility 
property. 
Sec. 1542. Expansion of research credit. 
Sec. 1543. Small agri-biodiesel producer credit. 
Sec. 1544. Improvements to small ethanol producer credit. 
Sec. 1545. Credit for equipment for processing or sorting materials gathered 
through recycling. 
Sec. 1546. 5-year net operating loss carryover if any resulting refund is used for 
electric transmission equipment. 
Sec. 1547. Credit for qualifying pollution control equipment. 
Sec. 1548. Credit for production of coal owned by Indian tribes. 
Sec. 1549. Credit for replacement stoves meeting environmental standards in non- 
attainment areas. 
Sec. 1550. Exemption for equipment for transporting bulk beds of farm crops 
from excise tax on retail sale of heavy trucks and trailers. 
Sec. 1551. National Academy of Sciences study and report. 
Sec. 1552. Income tax exclusion for certain fuel costs of rural carpools. 
Sec. 1553. 3-year applicable recovery period for depreciation of qualified energy 
management devices.
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Sec. 1554. Exception from volume cap for certain cooling facilities. 
Subtitle F—Revenue Raising Provisions 
Sec. 1561. Treatment of kerosene for use in aviation. 
Sec. 1562. Repeal of ultimate vendor refund claims with respect to farming. 
Sec. 1563. Refunds of excise taxes on exempt sales of fuel by credit card. 
Sec. 1564. Additional requirement for exempt purchases. 
Sec. 1565. Reregistration in event of change in ownership. 
Sec. 1566. Treatment of deep-draft vessels. 
Sec. 1567. Reconciliation of on-loaded cargo to entered cargo. 
Sec. 1568. Taxation of gasoline blendstocks and kerosene. 
Sec. 1569. Nonapplication of export exemption to delivery of fuel to motor vehi-
cles removed from United States. 
Sec. 1570. Penalty with respect to certain adulterated fuels. 
Sec. 1571. Oil Spill Liability Trust Fund financing rate. 
Sec. 1572. Extension of Leaking Underground Storage Tank Trust Fund financ-
ing rate. 
Sec. 1573. Tire excise tax modification. 
TITLE XVI—CLIMATE CHANGE 
Subtitle A—National Climate Change Technology Deployment 
Sec. 1601. Greenhouse gas intensity reducing technology strategies. 
Sec. 1602. Climate infrastructure credit. 
SUBTITLE B—CLIMATE CHANGE TECHNOLOGY DEPLOYMENT IN DEVELOPING 
COUNTRIES 
Sec. 1611. Climate change technology deployment in developing countries. 
Sec. 1612. Sense of the Senate on climate change. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(2) INSTITUTION OF HIGHER EDUCATION.— 
(A) IN GENERAL.—The term ‘‘institution of 
higher education’’ has the meaning given the 
term in section 101(a) of the Higher Education 
Act of 1065 (20 U.S.C. 1001(a)).
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(B) INCLUSION.—The term ‘‘institution of 
higher education’’ includes an organization 
that— 
(i) is organized, and at all times there-
after operated, exclusively for the benefit of, 
to perform the functions of, or to carry out 
the functions of 1 or more organizations re-
ferred to in subparagraph (A); and 
(ii) is operated, supervised, or con-
trolled by or in connection with 1 or more 
of those organizations. 
(3) NATIONAL
LABORATORY.—The term ‘‘Na-
tional Laboratory’’ means any of the following lab-
oratories owned by the Department: 
(A) Ames Laboratory. 
(B) Argonne National Laboratory. 
(C) Brookhaven National Laboratory. 
(D) Fermi National Accelerator Laboratory. 
(E) Idaho National Laboratory. 
(F) Lawrence Berkeley National Labora-
tory. 
(G) Lawrence Livermore National Labora-
tory. 
(H) Los Alamos National Laboratory.
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(I) National Energy Technology Labora-
tory. 
(J) National Renewable Energy Laboratory. 
(K) Oak Ridge National Laboratory. 
(L) Pacific Northwest National Laboratory. 
(M) Princeton Plasma Physics Laboratory. 
(N) Sandia National Laboratories. 
(O) Savannah River National Laboratory. 
(P) Stanford Linear Accelerator Center. 
(Q) Thomas Jefferson National Accelerator 
Facility. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(5) SMALL
BUSINESS
CONCERN.—The term 
‘‘small business concern’’ has the meaning given the 
term in section 3 of the Small Business Act (15 
U.S.C. 632). 
TITLE I—ENERGY EFFICIENCY 
Subtitle A—Federal Programs 
SEC. 101. ENERGY AND WATER SAVING MEASURES IN CON-
GRESSIONAL BUILDINGS. 
(a) IN GENERAL.—Part 3 of title V of the National 
Energy Conservation Policy Act (42 U.S.C. 8251 et seq.) 
is amended—
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(1) by redesignating section 551 (42 U.S.C. 
8259) as section 553; and 
(2) by inserting after section 550 (42 U.S.C. 
8258b) the following: 
‘‘SEC. 551. ENERGY AND WATER SAVINGS MEASURES IN 
CONGRESSIONAL BUILDINGS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CONGRESSIONAL BUILDING.—The term ‘con-
gressional building’ means a facility administered by 
Congress. 
‘‘(2) PLAN.—The term ‘plan’ means an energy 
conservation and management plan developed under 
subsection (b)(1). 
‘‘(b) PLAN.— 
‘‘(1) IN GENERAL.—The Architect of the Capitol 
shall develop, update, and implement a cost-effective 
energy conservation and management plan for con-
gressional buildings to meet the energy performance 
requirements for Federal buildings established under 
section 543(a)(1). 
‘‘(2) REQUIREMENTS.—The plan shall include— 
‘‘(A) a description of the life-cycle cost anal-
ysis used to determine the cost-effectiveness of 
proposed energy efficiency projects;
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‘‘(B) a schedule that ensures that complete 
energy surveys of all congressional buildings are 
conducted every 5 years to determine the cost 
and payback period of energy and water con-
servation measures; 
‘‘(C) a strategy for installation of life-cycle 
cost-effective energy and water conservation 
measures; 
‘‘(D) the results of a study of the costs and 
benefits of installation of submetering in congres-
sional buildings; and 
‘‘(E) information packages and ‘how-to’ 
guides for each Member and employing authority 
of Congress that describe simple and cost-effective 
methods to save energy and taxpayer dollars in 
congressional buildings. 
‘‘(3) SUBMISSION TO CONGRESS.—Not later than 
180 days after the date of enactment of the Energy 
Policy Act of 2005, the Architect of the Capitol shall 
submit to Congress the plan developed under para-
graph (1). 
‘‘(c) ANNUAL REPORT.— 
‘‘(1) IN GENERAL.—The Architect of the Capitol 
shall annually submit to Congress a report on con-
gressional energy management and conservation pro-
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grams carried out for congressional buildings under 
this section. 
‘‘(2) REQUIREMENTS.—A report submitted under 
paragraph (1) shall describe in detail— 
‘‘(A) energy expenditures and savings esti-
mates for each congressional building; 
‘‘(B) any energy management and conserva-
tion projects for congressional buildings; and 
‘‘(C) future priorities to ensure compliance 
with this section.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
of the National Energy Conservation Policy Act is amend-
ed— 
(1) by redesignating the item relating to section 
551 as section 553; and 
(2) by inserting after the item relating to section 
550 the following: 
‘‘Sec. 551. Energy and water savings measures in congressional buildings.’’. 
(c) REPEAL.—Section 310 of the Legislative Branch 
Appropriations Act, 1999 (2 U.S.C. 1815), is repealed. 
SEC. 102. ENERGY MANAGEMENT REQUIREMENTS. 
(a) ENERGY REDUCTION GOALS.—Section 543(a) of 
the National Energy Conservation Policy Act (42 U.S.C. 
8253(a)) is amended— 
(1) in paragraph (1), by striking ‘‘Subject to’’ 
and all that follows and inserting ‘‘(A) Subject to
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paragraph (2), each agency shall apply energy con-
servation measures to, and shall improve the design 
for the construction of, the Federal buildings of the 
agency (including each industrial or laboratory facil-
ity) so that the energy consumption for each gross 
square foot of the Federal buildings of the agency for 
fiscal years 2006 through 2015 is reduced, as com-
pared with the energy consumption for each gross 
square foot of the Federal buildings of the agency for 
fiscal year 2004, by the percentage specified in the 
following table: 
‘‘Fiscal Year 
Percentage reduction 
2006 ............................................................................................
2007 ............................................................................................
2008 ............................................................................................
2009 ............................................................................................
2010 ............................................................................................
2011 ............................................................................................
2012 ............................................................................................
2013 ............................................................................................
2014 ............................................................................................
2015 ............................................................................................
20. 
‘‘(B) The energy reduction goals and baseline estab-
lished in subparagraph (A) supersede— 
‘‘(i) all goals and baselines under this paragraph 
in effect on the day before the date of enactment of 
this subparagraph; and 
‘‘(ii) any related reporting requirements.’’; and 
(2) by adding at the end the following: 
‘‘(3) Not later than December 31, 2013, the Secretary 
shall—
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‘‘(A) review the results of the implementation of 
the energy performance requirement established under 
paragraph (1); and 
‘‘(B) submit to Congress recommendations con-
cerning energy performance requirements for each of 
fiscal years 2015 through 2024.’’. 
(b) EXCLUSIONS; REVIEW
BY
SECRETARY; CRI-
TERIA.—Section 543(c) of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8253(c)) is amended— 
(1) in paragraph (1), by striking ‘‘An agency 
may exclude’’ and all that follows and inserting ‘‘(A) 
An agency may exclude, from the energy performance 
requirement for a fiscal year established under sub-
section (a) and the energy management requirement 
established under subsection (b), any Federal building 
or collection of Federal buildings, if the head of the 
agency finds that— 
‘‘(i) compliance with those requirements would 
be impracticable; 
‘‘(ii) the agency has completed and submitted all 
federally required energy management reports; 
‘‘(iii) the agency has achieved compliance with 
the energy efficiency requirements of this Act, the En-
ergy Policy Act of 1992 (42 U.S.C. 13201 et seq.), Ex-
ecutive orders, and other Federal law; and
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‘‘(iv) the agency has implemented all practicable, 
life-cycle cost-effective projects with respect to the Fed-
eral building or collection of Federal buildings to be 
excluded. 
‘‘(B) A finding of impracticability under subpara-
graph (A)(i) shall be based on— 
‘‘(i) the energy intensiveness of activities carried 
out in the Federal building or collection of Federal 
buildings; or 
‘‘(ii) the fact that the Federal building or collec-
tion of Federal buildings is used in the performance 
of a national security function.’’; 
(2) in paragraph (2)— 
(A) in the second sentence— 
(i) by striking ‘‘impracticability stand-
ards’’ and inserting ‘‘standards for exclu-
sion’’; and 
(ii) by striking ‘‘a finding of imprac-
ticability’’ and inserting ‘‘the exclusion’’; 
and 
(B) in the third sentence, by striking ‘‘en-
ergy consumption requirements’’ and inserting 
‘‘requirements of subsections (a) and (b)(1)’’; and 
(3) by adding at the end the following:
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‘‘(3) Not later than 180 days after the date of enact-
ment of this paragraph, the Secretary shall issue guidelines 
that establish criteria for exclusions under paragraph (1).’’. 
(c) RETENTION OF ENERGY AND WATER SAVINGS.— 
Section 546 of the National Energy Conservation Policy Act 
(42 U.S.C. 8256) is amended— 
(1) in subsection (d)(2)(G), by inserting ‘‘of the 
Energy Policy Act of 1992 (42 U.S.C. 8262e)’’ after 
‘‘159’’; and 
(2) by adding at the end the following: 
‘‘(e) RETENTION OF ENERGY AND WATER SAVINGS.— 
(1) An agency may retain any funds appropriated to the 
agency for energy expenditures, water expenditures, or 
wastewater treatment expenditures, at buildings subject to 
the requirements of subsections (a) and (b) of section 543, 
that are not expended because of energy savings or water 
savings. 
‘‘(2) Except as otherwise provided by law, funds de-
scribed in paragraph (1) may be used by an agency only 
for energy efficiency, water conservation, or unconventional 
and renewable energy resources projects.’’. 
(d) REPORTS.—Section 548(b) of the National Energy 
Conservation Policy Act (42 U.S.C. 8258(b)) is amended— 
(1) in the subsection heading, by inserting ‘‘THE 
PRESIDENT AND’’ before ‘‘CONGRESS’’; and
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(2) by inserting ‘‘President and’’ before ‘‘Con-
gress’’. 
(e) CONFORMING AMENDMENT.—Section 550(d) of the 
National Energy Conservation Policy Act (42 U.S.C. 
8258b(d)) is amended in the second sentence by striking 
‘‘the 20 percent reduction goal established under section 
543(a) of the National Energy Conservation Policy Act (42 
U.S.C. 8253(a)).’’ and inserting ‘‘each of the energy reduc-
tion goals established under section 543(a).’’. 
SEC. 103. ENERGY USE MEASUREMENT AND ACCOUNT-
ABILITY. 
Section 543 of the National Energy Conservation Pol-
icy Act (42 U.S.C. 8253) is amended by adding at the end 
the following: 
‘‘(e) METERING OF ENERGY USE.—(1)(A) Not later 
than October 1, 2012, in accordance with guidelines estab-
lished by the Secretary under paragraph (2), each Federal 
building shall, for the purposes of efficient use of energy 
and reduction in the cost of electricity used in the building, 
be metered or submetered. 
‘‘(B) Each agency shall use, to the maximum extent 
practicable, advanced meters or advanced metering devices 
that provide data at least daily on, and that measure at 
least hourly, consumption of electricity in the Federal 
buildings of the agency.
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‘‘(C) The data shall be— 
‘‘(i) incorporated into Federal energy tracking 
systems; and 
‘‘(ii) made available to Federal facility energy 
managers. 
‘‘(2)(A) Not later than 180 days after the date of enact-
ment of this subsection, the Secretary (in consultation with 
the Secretary of Defense, the Administrator of General Serv-
ices, representatives from the metering industry, utility in-
dustry, energy services industry, energy efficiency industry, 
energy efficiency advocacy organizations, national labora-
tories, and universities, and Federal facility energy man-
agers) shall establish guidelines for agencies to carry out 
paragraph (1). 
‘‘(B) The guidelines shall— 
‘‘(i) take into consideration— 
‘‘(I) the cost of metering and submetering 
and the reduced cost of operation and mainte-
nance expected to result from metering and sub-
metering; 
‘‘(II) the extent to which metering and sub-
metering are expected to result in increased po-
tential for energy management, increased poten-
tial for energy savings and energy efficiency im-
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provement, and cost and energy savings because 
of utility contract aggregation; and 
‘‘(III) the measurement and verification 
protocols of the Department of Energy; 
‘‘(ii) include recommendations concerning the 
amount of funds and the number of trained personnel 
necessary to gather and use the metering information 
to track and reduce energy use; 
‘‘(iii) establish priorities for types and locations 
of buildings to be metered and submetered based on 
cost-effectiveness and a schedule of 1 or more dates, 
not later than 1 year after the date of issuance of the 
guidelines, on which paragraph (1) takes effect; and 
‘‘(iv) establish exclusions from the requirements 
of paragraph (1) based on the de minimis quantity 
of energy use of a Federal building, industrial proc-
ess, or structure. 
‘‘(3) Not later than 180 days after the date on which 
guidelines are established under paragraph (2), in a report 
submitted by an agency under section 548(a), the agency 
shall submit to the Secretary a plan describing the manner 
in which the agency will implement paragraph (1), includ-
ing—
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‘‘(A) the manner in which the agency will des-
ignate personnel primarily responsible for carrying 
out that implementation; and 
‘‘(B) demonstration by the agency, complete with 
documentation, of any finding that the use of ad-
vanced meters or advanced metering devices described 
in paragraph (1) is not practicable.’’. 
SEC. 104. PROCUREMENT OF ENERGY EFFICIENT PROD-
UCTS. 
(a) REQUIREMENTS.—Part 3 of title V of the National 
Energy Conservation Policy Act (42 U.S.C. 8251 et seq.) 
(as amended by section 101(a)) is amended by inserting 
after section 551 the following: 
‘‘SEC. 552. FEDERAL PROCUREMENT OF ENERGY EFFICIENT 
PRODUCTS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) The term ‘Energy Star product’ means a 
product that is rated for energy efficiency under an 
Energy Star program. 
‘‘(2) The term ‘Energy Star program’ means the 
program established by section 324A of the Energy 
Policy and Conservation Act. 
‘‘(3) The term ‘executive agency’ has the mean-
ing given the term in section 4 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403).
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‘‘(4) The term ‘FEMP designated product’ means 
a product that is designated under the Federal En-
ergy Management Program of the Department of En-
ergy as being among the highest 25 percent of equiva-
lent products for energy efficiency. 
‘‘(b) PROCUREMENT OF ENERGY EFFICIENT PROD-
UCTS.—(1) Except as provided in paragraph (2), to meet 
the requirements of an executive agency for an energy con-
suming product, the head of the executive agency shall pro-
cure— 
‘‘(A) an Energy Star product; or 
‘‘(B) a FEMP designated product. 
‘‘(2) The head of an executive agency shall not be re-
quired to comply with paragraph (1) if the head of the exec-
utive agency specifies in writing that— 
‘‘(A) taking into account energy cost savings, an 
Energy Star product or FEMP designated product is 
not cost-effective over the life of the product; or 
‘‘(B) no Energy Star product or FEMP des-
ignated product is reasonably available that meets the 
functional requirements of the executive agency. 
‘‘(3) The head of an executive agency shall incorporate 
criteria for energy efficiency that are consistent with the 
criteria used for rating Energy Star products and FEMP 
designated products into—
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‘‘(A) the specifications for any procurements in-
volving energy consuming products and systems, in-
cluding— 
‘‘(i) guide specifications; 
‘‘(ii) project specifications; and 
‘‘(iii) construction, renovation, and services 
contracts that include the provision of energy 
consuming products and systems; and 
‘‘(B) the factors for the evaluation of offers re-
ceived for the procurement. 
‘‘(c) LISTING OF ENERGY EFFICIENT PRODUCTS IN 
FEDERAL CATALOGS.—(1) Any inventory or listing of 
products by the General Services Administration or the De-
fense Logistics Agency shall clearly identify and promi-
nently display Energy Star products and FEMP designated 
products. 
‘‘(2)(A) Except as provided in subparagraph (B), the 
General Services Administration or the Defense Logistics 
Agency shall supply only Energy Star products or FEMP 
designated products for all product categories covered by the 
Energy Star program or the Federal Energy Management 
Program. 
‘‘(B) Subparagraph (A) shall not apply if an agency 
ordering a product specifies in writing that—
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‘‘(i) taking into account energy cost savings, no 
Energy Star product or FEMP designated product is 
cost-effective for the intended application over the life 
of the product; or 
‘‘(ii) no Energy Star product or FEMP des-
ignated product is available to meet the functional re-
quirements of the ordering agency. 
‘‘(d) SPECIFIC PRODUCTS.—(1) In the case of an elec-
tric motor of 1 to 500 horsepower, an executive agency shall 
select only a premium efficient motor that meets the stand-
ard established by the Secretary under paragraph (2). 
‘‘(2) Not later than 120 days after the date of enact-
ment of this subsection and after considering the rec-
ommendations of associated electric motor manufacturers 
and energy efficiency groups, the Secretary shall establish 
a standard for premium efficient motors. 
‘‘(3)(A) Each Federal agency is encouraged to take ac-
tions (such as appropriate cleaning and maintenance) to 
maximize the efficiency of air conditioning and refrigera-
tion equipment, including the use of a system treatment or 
additive that— 
‘‘(i) would reduce the electricity consumed by air 
conditioning and refrigeration equipment; and 
‘‘(ii) meets the criteria specified in subparagraph 
(B).
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‘‘(B) A system treatment or additive referred to in sub-
paragraph (A) shall be— 
‘‘(i) determined by the Secretary to be effective 
in increasing the efficiency of air conditioning and 
refrigeration equipment without having an adverse 
impact on— 
‘‘(I) air conditioning and refrigeration per-
formance (including cooling capacity); or 
‘‘(II) the useful life of the equipment; 
‘‘(ii) determined by the Administrator of the En-
vironmental Protection Agency to be environmentally 
safe; and 
‘‘(iii) shown, in tests conducted by the National 
Institute of Standards and Technology, in accordance 
with Department of Energy test procedures, to in-
crease the seasonal energy efficiency ratio (SEER) or 
energy efficiency ratio (EER) without having any ad-
verse impact on the system, system components, the 
refrigerant or lubricant, or other materials in the sys-
tem. 
‘‘(4) The results of the tests described in paragraph 
(3)(B)(iii) shall be published in the Federal Register for 
public review and comment. 
‘‘(5) For purposes of this subsection, a hardware device 
or primary refrigerant shall not be considered an additive.
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‘‘(e) REGULATIONS.—Not later than 180 days after the 
date of enactment of this section, the Secretary shall issue 
guidelines to carry out this section.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
of the National Energy Conservation Policy Act (as amend-
ed by section 101(b)) is amended by inserting after the item 
relating to section 551 the following: 
‘‘Sec. 552. Federal procurement of energy efficient products.’’. 
SEC. 105. ENERGY SAVINGS PERFORMANCE CONTRACTS. 
(a) PERMANENT EXTENSION.—Section 801(c) of the 
National Energy Conservation Policy Act (42 U.S.C. 
8287(c)) is amended by striking ‘‘2006’’ and inserting 
‘‘2016’’. 
(b) EXTENSION OF AUTHORITY.—Any energy savings 
performance contract entered into under section 801 of the 
National Energy Conservation Policy Act (42 U.S.C. 8287) 
after October 1, 2003, and before the date of enactment of 
this Act, shall be considered to have been entered into under 
that section. 
SEC. 106. VOLUNTARY COMMITMENTS TO REDUCE INDUS-
TRIAL ENERGY INTENSITY. 
(a) DEFINITION OF ENERGY INTENSITY.—In this sec-
tion, the term ‘‘energy intensity’’ means the primary energy 
consumed for each unit of physical output in an industrial 
process.
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(b) VOLUNTARY AGREEMENTS.—The Secretary may 
enter into voluntary agreements with 1 or more persons in 
industrial sectors that consume significant quantities of 
primary energy for each unit of physical output to reduce 
the energy intensity of the production activities of the per-
sons. 
(c) GOAL.—Voluntary agreements under this section 
shall have as a goal the reduction of energy intensity by 
not less than 2.5 percent each year during the period of 
calendar years 2007 through 2016. 
(d) RECOGNITION.—The Secretary, in cooperation 
with other appropriate Federal agencies, shall develop 
mechanisms to recognize and publicize the achievements of 
participants in voluntary agreements under this section. 
(e) TECHNICAL ASSISTANCE.—A person that enters 
into an agreement under this section and continues to make 
a good faith effort to achieve the energy efficiency goals 
specified in the agreement shall be eligible to receive from 
the Secretary a grant or technical assistance, as appro-
priate, to assist in the achievement of those goals. 
(f) REPORT.—Not later than each of June 30, 2012, 
and June 30, 2017, the Secretary shall submit to Congress 
a report that— 
(1) evaluates the success of the voluntary agree-
ments under this section; and
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(2) provides independent verification of a sample 
of the energy savings estimates provided by partici-
pating firms. 
SEC. 107. FEDERAL BUILDING PERFORMANCE STANDARDS. 
Section 305(a) of the Energy Conservation and Pro-
duction Act (42 U.S.C. 6834(a)) is amended— 
(1) in paragraph (2)(A), by striking ‘‘CABO 
Model Energy Code, 1992 (in the case of residential 
buildings) or ASHRAE Standard 90.1–1989’’ and in-
serting ‘‘the 2004 International Energy Conservation 
Code (in the case of residential buildings) or 
ASHRAE Standard 90.1–2004’’; and 
(2) by adding at the end the following: 
‘‘(3)(A) Not later than 1 year after the date of enact-
ment of this paragraph, the Secretary shall establish, by 
rule, revised Federal building energy efficiency performance 
standards that require that— 
‘‘(i) if life-cycle cost-effective for new Federal 
buildings— 
‘‘(I) the buildings be designed to achieve en-
ergy consumption levels that are at least 30 per-
cent below the levels established in the version of 
the ASHRAE Standard or the International En-
ergy Conservation Code, as appropriate, that is
HR 6 PAP 
in effect as of the date of enactment of this para-
graph; and 
‘‘(II) sustainable design principles are ap-
plied to the siting, design, and construction of 
all new and replacement buildings; and 
‘‘(ii) if water is used to achieve energy efficiency, 
water conservation technologies shall be applied to the 
extent that the technologies are life-cycle cost-effective. 
‘‘(B) Not later than 1 year after the date of approval 
of each subsequent revision of the ASHRAE Standard or 
the International Energy Conservation Code, as appro-
priate, the Secretary shall determine, based on the cost-effec-
tiveness of the requirements under the amendment, whether 
the revised standards established under this paragraph 
should be updated to reflect the amendment. 
‘‘(C) In the budget request of the Federal agency for 
each fiscal year and each report submitted by the Federal 
agency under section 548(a) of the National Energy Con-
servation Policy Act (42 U.S.C. 8258(a)), the head of each 
Federal agency shall include— 
‘‘(i) a list of all new Federal buildings owned, 
operated, or controlled by the Federal agency; and 
‘‘(ii) a statement specifying whether the Federal 
buildings meet or exceed the revised standards estab-
lished under this paragraph.’’.