380 
(C) COMPETITIVE AWARDS.—The provision 
of funding under this subsection shall be on a 
competitive basis. 
(4) COST-SHARING REQUIREMENT.—In carrying 
out this section, the Secretary shall require cost shar-
ing in accordance with section 988 of the Energy Pol-
icy Act of 2005 (42 U.S.C. 16352). 
(d) GRANTS.—The Secretary may award competitive 
grants for innovative technology research, development and 
demonstrations to universities, individual inventors, and 
small companies, based on energy savings potential, com-
mercial viability, and technical merit. 
(e) INSTITUTION OF HIGHER EDUCATION-BASED IN-
DUSTRIAL RESEARCH AND ASSESSMENT CENTERS.—The 
Secretary shall provide funding to institution of higher edu-
cation-based industrial research and assessment centers, 
whose purpose shall be— 
(1) to identify opportunities for optimizing en-
ergy efficiency and environmental performance; 
(2) to promote applications of emerging concepts 
and technologies in small and medium-sized manufac-
turers; 
(3) to promote research and development for the 
use of alternative energy sources to supply heat,
381 
power, and new feedstocks for energy-intensive indus-
tries; 
(4) to coordinate with appropriate Federal and 
State research offices, and provide a clearinghouse for 
industrial process and energy efficiency technical as-
sistance resources; and 
(5) to coordinate with State-accredited technical 
training centers and community colleges, while ensur-
ing appropriate services to all regions of the United 
States. 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary to carry out this section— 
(A) $184,000,000 for fiscal year 2008; 
(B) $190,000,000 for fiscal year 2009; 
(C) $196,000,000 for fiscal year 2010; 
(D) $202,000,000 for fiscal year 2011; 
(E) $208,000,000 for fiscal year 2012; and 
(F) such sums as are necessary for fiscal 
year 2013 and each fiscal year thereafter. 
(2) PARTNERSHIP ACTIVITIES.—Of the amounts 
made available under paragraph (1), not less than 50 
percent shall be used to pay the Federal share of part-
nership activities under subsection (c).
382 
(3) COORDINATION AND NONDUPLICATION.—The 
Secretary shall coordinate efforts under this section 
with other programs of the Department and other 
Federal agencies to avoid duplication of effort. 
SEC. 453. ENERGY EFFICIENCY FOR DATA CENTER BUILD-
INGS. 
(a) DEFINITIONS.—In this section: 
(1) DATA
CENTER.—The term ‘‘data center’’ 
means any facility that primarily contains electronic 
equipment used to process, store, and transmit digital 
information, which may be— 
(A) a free-standing structure; or 
(B) a facility within a larger structure, 
that uses environmental control equipment to 
maintain the proper conditions for the operation 
of electronic equipment. 
(2) DATA CENTER OPERATOR.—The term ‘‘data 
center operator’’ means any person or government en-
tity that builds or operates a data center or purchases 
data center services, equipment, and facilities. 
(b) VOLUNTARY NATIONAL INFORMATION PROGRAM.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Secretary and 
the Administrator of the Environmental Protection 
Agency shall, after consulting with information tech-
383 
nology industry and other interested parties, initiate 
a voluntary national information program for those 
types of data centers and data center equipment and 
facilities that are widely used and for which there is 
a potential for significant data center energy savings 
as a result of the program. 
(2) REQUIREMENTS.—The program described in 
paragraph (1) shall— 
(A) address data center efficiency holis-
tically, reflecting the total energy consumption of 
data centers as whole systems, including both 
equipment and facilities; 
(B) consider prior work and studies under-
taken in this area, including by the Environ-
mental Protection Agency and the Department of 
Energy; 
(C) consistent with the objectives described 
in paragraph (1), determine the type of data 
center and data center equipment and facilities 
to be covered under the program; 
(D) produce specifications, measurements, 
best practices, and benchmarks that will enable 
data center operators to make more informed de-
cisions about the energy efficiency and costs of 
data centers, and that take into account—
384 
(i) the performance and use of servers, 
data storage devices, and other information 
technology equipment; 
(ii) the efficiency of heating, ventila-
tion, and air conditioning, cooling, and 
power conditioning systems, provided that 
no modification shall be required of a 
standard then in effect under the Energy 
Policy and Conservation Act (42 U.S.C. 
6201 et seq.) for any covered heating, ven-
tilation, air-conditioning, cooling or power- 
conditioning product; 
(iii) energy savings from the adoption 
of software and data management tech-
niques; and 
(iv) other factors determined by the or-
ganization described in subsection (c); 
(E) allow for creation of separate specifica-
tions, measurements, and benchmarks based on 
data center size and function, as well as other 
appropriate characteristics; 
(F) advance the design and implementation 
of efficiency technologies to the maximum extent 
economically practical;
385 
(G) provide to data center operators in the 
private sector and the Federal Government infor-
mation about best practices and purchasing deci-
sions that reduce the energy consumption of data 
centers; and 
(H) publish the information described in 
subparagraph (G), which may be disseminated 
through catalogs, trade publications, the Inter-
net, or other mechanisms, that will allow data 
center operators to assess the energy consumption 
and potential cost savings of alternative data 
centers and data center equipment and facilities. 
(3) PROCEDURES.—The program described in 
paragraph (1) shall be developed in consultation with 
and coordinated by the organization described in sub-
section (c) according to commonly accepted proce-
dures for the development of specifications, measure-
ments, and benchmarks. 
(c) DATA CENTER EFFICIENCY ORGANIZATION.— 
(1) IN GENERAL.—After the establishment of the 
program described in subsection (b), the Secretary 
and the Administrator shall jointly designate an in-
formation technology industry organization to consult 
with and to coordinate the program.
386 
(2) REQUIREMENTS.—The organization des-
ignated under paragraph (1), whether preexisting or 
formed specifically for the purposes of subsection (b), 
shall— 
(A) consist of interested parties that have 
expertise in energy efficiency and in the develop-
ment, operation, and functionality of computer 
data centers, information technology equipment, 
and software, as well as representatives of hard-
ware manufacturers, data center operators, and 
facility managers; 
(B) obtain and address input from Depart-
ment of Energy National Laboratories or any 
college, university, research institution, industry 
association, company, or public interest group 
with applicable expertise in any of the areas list-
ed in paragraph (1); 
(C) follow commonly accepted procedures 
for the development of specifications and accred-
ited standards development processes; 
(D) have a mission to develop and promote 
energy efficiency for data centers and informa-
tion technology; and 
(E) have the primary responsibility to con-
sult in the development and publishing of the in-
387 
formation, measurements, and benchmarks de-
scribed in subsection (b) and transmission of the 
information to the Secretary and the Adminis-
trator for consideration under subsection (d). 
(d) MEASUREMENTS AND SPECIFICATIONS.— 
(1) IN GENERAL.—The Secretary and the Ad-
ministrator shall consider the specifications, measure-
ments, and benchmarks described in subsection (b) for 
use by the Federal Energy Management Program, the 
Energy Star Program, and other efficiency programs 
of the Department of Energy and Environmental Pro-
tection Agency, respectively. 
(2) REJECTIONS.—If the Secretary or the Ad-
ministrator rejects 1 or more specifications, measure-
ments, or benchmarks described in subsection (b), the 
rejection shall be made consistent with section 12(d) 
of the National Technology Transfer and Advance-
ment Act of 1995 (15 U.S.C. 272 note; Public Law 
104–113). 
(3) DETERMINATION OF IMPRACTICABILITY.—A 
determination that a specification, measurement, or 
benchmark described in subsection (b) is impractical 
may include consideration of the maximum efficiency 
that is technologically feasible and economically justi-
fied.
388 
(e) MONITORING.—The Secretary and the Adminis-
trator shall— 
(1) monitor and evaluate the efforts to develop 
the program described in subsection (b); and 
(2) not later than 3 years after the date of enact-
ment of this Act, make a determination as to whether 
the program is consistent with the objectives of sub-
section (b). 
(f) ALTERNATIVE SYSTEM.—If the Secretary and the 
Administrator make a determination under subsection (e) 
that a voluntary national information program for data 
centers consistent with the objectives of subsection (b) has 
not been developed, the Secretary and the Administrator 
shall, after consultation with the National Institute of 
Standards and Technology and not later than 2 years after 
the determination, develop and implement the program 
under subsection (b). 
(g) PROTECTION OF PROPRIETARY INFORMATION.— 
The Secretary, the Administrator, or the data center effi-
ciency organization shall not disclose any proprietary in-
formation or trade secrets provided by any individual or 
company for the purposes of carrying out this section or 
the program established under this section.
389 
Subtitle E—Healthy High- 
Performance Schools 
SEC. 461. HEALTHY HIGH-PERFORMANCE SCHOOLS. 
(a) AMENDMENT.—The Toxic Substances Control Act 
(15 U.S.C. 2601 et seq.) is amended by adding at the end 
the following new title: 
‘‘TITLE V—HEALTHY HIGH- 
PERFORMANCE SCHOOLS 
‘‘SEC. 501. GRANTS FOR HEALTHY SCHOOL ENVIRONMENTS. 
‘‘(a) IN GENERAL.—The Administrator, in consulta-
tion with the Secretary of Education, may provide grants 
to States for use in— 
‘‘(1) providing technical assistance for programs 
of the Environmental Protection Agency (including 
the Tools for Schools Program and the Healthy School 
Environmental Assessment Tool) to schools for use in 
addressing environmental issues; and 
‘‘(2) development and implementation of State 
school environmental health programs that include— 
‘‘(A) standards for school building design, 
construction, and renovation; and 
‘‘(B) identification of ongoing school build-
ing environmental problems, including contami-
nants, hazardous substances, and pollutant emis-
sions, in the State and recommended solutions to
390 
address those problems, including assessment of 
information on the exposure of children to envi-
ronmental hazards in school facilities. 
‘‘(b) SUNSET.—The authority of the Administrator to 
carry out this section shall expire 5 years after the date 
of enactment of this section. 
‘‘SEC. 502. MODEL GUIDELINES FOR SITING OF SCHOOL FA-
CILITIES. 
‘‘Not later than 18 months after the date of enactment 
of this section, the Administrator, in consultation with the 
Secretary of Education and the Secretary of Health and 
Human Services, shall issue voluntary school site selection 
guidelines that account for— 
‘‘(1) the special vulnerability of children to haz-
ardous substances or pollution exposures in any case 
in which the potential for contamination at a poten-
tial school site exists; 
‘‘(2) modes of transportation available to stu-
dents and staff; 
‘‘(3) the efficient use of energy; and 
‘‘(4) the potential use of a school at the site as 
an emergency shelter. 
‘‘SEC. 503. PUBLIC OUTREACH. 
‘‘(a) REPORTS.—The Administrator shall publish and 
submit to Congress an annual report on all activities car-
391 
ried out under this title, until the expiration of authority 
described in section 501(b). 
‘‘(b) PUBLIC OUTREACH.—The Federal Director ap-
pointed under section 436(a) of the Energy Independence 
and Security Act of 2007 (in this title referred to as the 
‘Federal Director’) shall ensure, to the maximum extent 
practicable, that the public clearinghouse established under 
section 423(1) of the Energy Independence and Security Act 
of 2007 receives and makes available information on the 
exposure of children to environmental hazards in school fa-
cilities, as provided by the Administrator. 
‘‘SEC. 504. ENVIRONMENTAL HEALTH PROGRAM. 
‘‘(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this section, the Administrator, in con-
sultation with the Secretary of Education, the Secretary of 
Health and Human Services, and other relevant agencies, 
shall issue voluntary guidelines for use by the State in de-
veloping and implementing an environmental health pro-
gram for schools that— 
‘‘(1) takes into account the status and findings 
of Federal initiatives established under this title or 
subtitle C of title IV of the Energy Independence and 
Security Act of 2007 and other relevant Federal law 
with respect to school facilities, including relevant up-
392 
dates on trends in the field, such as the impact of 
school facility environments on student and staff— 
‘‘(A) health, safety, and productivity; and 
‘‘(B) disabilities or special needs; 
‘‘(2) takes into account studies using relevant 
tools identified or developed in accordance with sec-
tion 492 of the Energy Independence and Security 
Act of 2007; 
‘‘(3) takes into account, with respect to school fa-
cilities, each of— 
‘‘(A) environmental problems, contami-
nants, hazardous substances, and pollutant emis-
sions, including— 
‘‘(i) lead from drinking water; 
‘‘(ii) lead from materials and products; 
‘‘(iii) asbestos; 
‘‘(iv) radon; 
‘‘(v) the presence of elemental mercury 
releases from products and containers; 
‘‘(vi) pollutant emissions from mate-
rials and products; and 
‘‘(vii) any other environmental prob-
lem, contaminant, hazardous substance, or 
pollutant emission that present or may
393 
present a risk to the health of occupants of 
the school facilities or environment; 
‘‘(B) natural day lighting; 
‘‘(C) ventilation choices and technologies; 
‘‘(D) heating and cooling choices and tech-
nologies; 
‘‘(E) moisture control and mold; 
‘‘(F) maintenance, cleaning, and pest con-
trol activities; 
‘‘(G) acoustics; and 
‘‘(H) other issues relating to the health, 
comfort, productivity, and performance of occu-
pants of the school facilities; 
‘‘(4) provides technical assistance on siting, de-
sign, management, and operation of school facilities, 
including facilities used by students with disabilities 
or special needs; 
‘‘(5) collaborates with federally funded pediatric 
environmental health centers to assist in on-site school 
environmental investigations; 
‘‘(6) assists States and the public in better un-
derstanding and improving the environmental health 
of children; and 
‘‘(7) takes into account the special vulnerability 
of children in low-income and minority communities
394 
to exposures from contaminants, hazardous sub-
stances, and pollutant emissions. 
‘‘(b) PUBLIC OUTREACH.—The Federal Director and 
Commercial Director shall ensure, to the maximum extent 
practicable, that the public clearinghouse established under 
section 423 of the Energy Independence and Security Act 
of 2007 receives and makes available— 
‘‘(1) information from the Administrator that is 
contained in the report described in section 503(a); 
and 
‘‘(2) information on the exposure of children to 
environmental hazards in school facilities, as pro-
vided by the Administrator. 
‘‘SEC. 505. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this title $1,000,000 for fiscal year 2009, and $1,500,000 
for each of fiscal years 2010 through 2013, to remain avail-
able until expended.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table of 
contents for the Toxic Substances Control Act (15 U.S.C. 
2601 et seq.) is amended by adding at the end the following: 
‘‘TITLE V—HEALTHY HIGH-PERFORMANCE SCHOOLS 
‘‘Sec. 501. Grants for healthy school environments. 
‘‘Sec. 502. Model guidelines for siting of school facilities. 
‘‘Sec. 503. Public outreach. 
‘‘Sec. 504. Environmental health program. 
‘‘Sec. 505. Authorization of appropriations.’’.
395 
SEC. 462. STUDY ON INDOOR ENVIRONMENTAL QUALITY IN 
SCHOOLS. 
(a) IN GENERAL.—The Administrator of the Environ-
mental Protection Agency shall enter into an arrangement 
with the Secretary of Education and the Secretary of En-
ergy to conduct a detailed study of how sustainable building 
features such as energy efficiency affect multiple perceived 
indoor environmental quality stressors on students in K– 
12 schools. 
(b) CONTENTS.—The study shall— 
(1) investigate the combined effect building 
stressors such as heating, cooling, humidity, lighting, 
and acoustics have on building occupants’ health, pro-
ductivity, and overall well-being; 
(2) identify how sustainable building features, 
such as energy efficiency, are influencing these human 
outcomes singly and in concert; and 
(3) ensure that the impacts of the indoor envi-
ronmental quality are evaluated as a whole. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated for carrying out this section 
$200,000 for each of the fiscal years 2008 through 2012.
396 
Subtitle F—Institutional Entities 
SEC. 
471. 
ENERGY 
SUSTAINABILITY 
AND 
EFFICIENCY 
GRANTS AND LOANS FOR INSTITUTIONS. 
Part G of title III of the Energy Policy and Conserva-
tion Act is amended by inserting after section 399 (42 
U.S.C. 6371h) the following: 
‘‘SEC. 399A. ENERGY SUSTAINABILITY AND EFFICIENCY 
GRANTS AND LOANS FOR INSTITUTIONS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COMBINED HEAT AND POWER.—The term 
‘combined heat and power’ means the generation of 
electric energy and heat in a single, integrated sys-
tem, with an overall thermal efficiency of 60 percent 
or greater on a higher-heating-value basis. 
‘‘(2) DISTRICT
ENERGY
SYSTEMS.—The term 
‘district energy systems’ means systems providing 
thermal energy from a renewable energy source, ther-
mal energy source, or highly efficient technology to 
more than 1 building or fixed energy-consuming use 
from 1 or more thermal-energy production facilities 
through pipes or other means to provide space heat-
ing, space conditioning, hot water, steam, compres-
sion, process energy, or other end uses for that energy. 
‘‘(3) ENERGY
SUSTAINABILITY.—The term ‘en-
ergy sustainability’ includes using a renewable energy
397 
source, thermal energy source, or a highly efficient 
technology for transportation, electricity generation, 
heating, cooling, lighting, or other energy services in 
fixed installations. 
‘‘(4) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘institution of higher education’ has the meaning 
given the term in section 2 of the Energy Policy Act 
of 2005 (42 U.S.C. 15801). 
‘‘(5) INSTITUTIONAL ENTITY.—The term ‘institu-
tional entity’ means an institution of higher edu-
cation, a public school district, a local government, a 
municipal utility, or a designee of 1 of those entities. 
‘‘(6) RENEWABLE ENERGY SOURCE.—The term 
‘renewable energy source’ has the meaning given the 
term in section 609 of the Public Utility Regulatory 
Policies Act of 1978 (7 U.S.C. 918c). 
‘‘(7) SUSTAINABLE ENERGY INFRASTRUCTURE.— 
The term ‘sustainable energy infrastructure’ means— 
‘‘(A) facilities for production of energy from 
renewable energy sources, thermal energy sources, 
or highly efficient technologies, including com-
bined heat and power or other waste heat use; 
and 
‘‘(B) district energy systems.
398 
‘‘(8) THERMAL
ENERGY
SOURCE.—The term 
‘thermal energy source’ means— 
‘‘(A) a natural source of cooling or heating 
from lake or ocean water; and 
‘‘(B) recovery of useful energy that would 
otherwise be wasted from ongoing energy uses. 
‘‘(b) TECHNICAL ASSISTANCE GRANTS.— 
‘‘(1) IN GENERAL.—Subject to the availability of 
appropriated funds, the Secretary shall implement a 
program of information dissemination and technical 
assistance to institutional entities to assist the insti-
tutional entities in identifying, evaluating, designing, 
and implementing sustainable energy infrastructure 
projects in energy sustainability. 
‘‘(2) ASSISTANCE.—The Secretary shall support 
institutional entities in— 
‘‘(A) identification of opportunities for sus-
tainable energy infrastructure; 
‘‘(B) understanding the technical and eco-
nomic characteristics of sustainable energy infra-
structure; 
‘‘(C) utility interconnection and negotiation 
of power and fuel contracts; 
‘‘(D) understanding financing alternatives; 
‘‘(E) permitting and siting issues;
399 
‘‘(F) obtaining case studies of similar and 
successful sustainable energy infrastructure sys-
tems; and 
‘‘(G) reviewing and obtaining computer 
software for assessment, design, and operation 
and maintenance of sustainable energy infra-
structure systems. 
‘‘(3) ELIGIBLE COSTS FOR TECHNICAL ASSIST-
ANCE GRANTS.—On receipt of an application of an 
institutional entity, the Secretary may make grants 
to the institutional entity to fund a portion of the 
cost of— 
‘‘(A) feasibility studies to assess the poten-
tial for implementation or improvement of sus-
tainable energy infrastructure; 
‘‘(B) analysis and implementation of strate-
gies to overcome barriers to project implementa-
tion, including financial, contracting, siting, 
and permitting barriers; and 
‘‘(C) detailed engineering of sustainable en-
ergy infrastructure. 
‘‘(c) GRANTS FOR ENERGY EFFICIENCY IMPROVEMENT 
AND ENERGY SUSTAINABILITY.— 
‘‘(1) GRANTS.—
400 
‘‘(A) IN
GENERAL.—The Secretary shall 
award grants to institutional entities to carry 
out projects to improve energy efficiency on the 
grounds and facilities of the institutional entity. 
‘‘(B) REQUIREMENT.—To the extent that 
applications have been submitted, grants under 
subparagraph (A) shall include not less than 1 
grant each year to an institution of higher edu-
cation in each State. 
‘‘(C) MINIMUM FUNDING.—Not less than 50 
percent of the total funding for all grants under 
this subsection shall be awarded in grants to in-
stitutions of higher education. 
‘‘(2) CRITERIA.—Evaluation of projects for grant 
funding shall be based on criteria established by the 
Secretary, including criteria relating to— 
‘‘(A) improvement in energy efficiency; 
‘‘(B) reduction in greenhouse gas emissions 
and other air emissions, including criteria air 
pollutants and ozone-depleting refrigerants; 
‘‘(C) increased use of renewable energy 
sources or thermal energy sources; 
‘‘(D) reduction in consumption of fossil 
fuels; 
‘‘(E) active student participation; and
437 
SEC. 512. FINANCING FLEXIBILITY. 
Section 801(a)(2) of the National Energy Conservation 
Policy Act (42 U.S.C. 8287(a)(2)) is amended by adding 
at the end the following: 
‘‘(E) FUNDING OPTIONS.—In carrying out a 
contract under this title, a Federal agency may 
use any combination of— 
‘‘(i) appropriated funds; and 
‘‘(ii) private financing under an en-
ergy savings performance contract.’’. 
SEC. 513. PROMOTING LONG-TERM ENERGY SAVINGS PER-
FORMANCE CONTRACTS AND VERIFYING SAV-
INGS. 
Section 801(a)(2) of the National Energy Conservation 
Policy Act (42 U.S.C. 8287(a)(2)) (as amended by section 
512) is amended— 
(1) in subparagraph (D), by inserting ‘‘begin-
ning on the date of the delivery order’’ after ‘‘25 
years’’; and 
(2) by adding at the end the following: 
‘‘(F) PROMOTION OF CONTRACTS.—In car-
rying out this section, a Federal agency shall 
not— 
‘‘(i) establish a Federal agency policy 
that limits the maximum contract term